Terms & Conditions

These Terms of Use (“Terms”) are by and between Emory University (“Emory”), and any person or entity that uses the Software (“You”). “Software” means the HealthMindr software web application. By using the Software, You agree to be bound by the terms and conditions of these Terms. If You do not agree, do not use the Software.

Grant of License and Restrictions on Use. Emory hereby grants You a non- exclusive, non-transferable license to use the Software in accordance with the terms and conditions of these Terms. You may not copy, distribute, license, loan, sell or otherwise transfer the Software. You agree not to modify, alter the Software or create any derivative works which represent an original work of authorship of the Software as defined in 17 USC §101. You may not reverse engineer, decompile, decode, decrypt, disassemble, or derive any source code from the Software. Except as expressly set forth in this Agreement, You will protect the confidentiality of the Software and will not distribute or otherwise make available the Software, or any portion of the Software, in any form to any third party. Any rights You may possess in the Software expire upon expiration or termination of this Agreement. You will employ the security measures necessary to prevent unauthorized users from accessing the Software including your user ID(s) and password(s) (“Login Information”). You are solely responsible for the maintenance and protection of your Login Information. You accept responsibility for, and will be liable for all access to the Software in connection with your Login Information. You will be responsible for all activities that occur under or in connection with your account and your use of the Software.
Reservation of Rights. This Software is licensed, not sold. Emory retains ownership and all rights in and to the Software, including but not limited to all copyright, trademark, patent, trade secret, and other proprietary rights. Except as explicitly described in these Terms, Emory grants You no express or implied licenses or other rights in and to the Software or any intellectual property owned or controlled by Emory. You may not remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Software.
Privacy
- HIPAA Applicability. You agree not to use or disclose individually identifiable information or any "Protected Health Information" as defined under the Health Insurance Portability and Accountability Act (HIPAA) in violation of HIPAA. In particular, You acknowledge and agree that it is Your responsibility to conduct a HIPAA risk analysis and maintain a comprehensive HIPAA risk management program that includes appropriate physical, technical and administrative safeguards (including training of authorized users on its policies and procedures) in accordance with HIPAA.
Disclaimer of Warranties. Except as specifically described in these terms, Software is provided as is with all faults, and Emory makes no representations and extends no warranties of any kind, express or implied, regarding the Software. EMORY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THE SOFTWARE AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY OTHER IMPLIED WARRANTIES WITH RESPECT TO THE CAPABILITIES, SAFETY, UTILITY OF THE SOFTWARE. EMORY FURTHER DOES NOT REPRESENT OR WARRANT THAT THE USE OF THE SOFTWARE WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER PROPRIETARY RIGHTS, OR ACCURACY OF ANY SOFTWARE OUTPUT. Emory disclaims any representation or warranty that the Software will be operated error-free or that any data or other information stored, provided, altered, or transmitted by the Software will be confidential, secure, accurate, or kept free from corruption or destruction. Emory hereby disclaims any representation, warranty, or obligation, express or implied, to provide support or other services related to the Software.
No Liability. Emory is not liable for, and You assume all liability for, any damages, losses, claims or demands arising from or in any way related to installation and use of the Software. In no event shall Emory be liable to You for any damages whatsoever, whether special, incidental, punitive, direct, indirect, or consequential, arising out of or in any way related to installation and use of the Software.
Compliance with Law; Export Restrictions. You agree that any installation or use of the Software by You shall comply with all applicable laws and regulations. You acknowledge that the Software is subject to U.S. export jurisdiction, and You agree to comply with all applicable U.S. and international laws and regulations that apply to the export or deemed export of the Software, including but not limited to U.S. Export Administration Regulations, International Traffic in Arms Regulations, and Office of Foreign Assets Control Regulations. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
Termination. Emory may terminate these Terms at any time by disabling or removing the Software application from Emory’s domain. Termination of these Terms shall not release either party from any liability which, at the time of such termination, has already accrued to the other party.
Entire Agreement; Severability. Except as expressly provided for in these Terms, these Terms are the entire agreement between You and Emory relating to Your license to install and use the Software and supersedes all prior or contemporaneous oral or written communications, proposals or representations with respect to the Software. If any provision of these Terms is held to be void, invalid, unenforceable, illegal, or superseded by another agreement, the other provisions shall continue in full force and effect.
Amendment. We may amend these Terms at any time, and such amendments shall be effective upon posting to the web application.