Online Assessment Terms of Use

Advocate Aurora Health (“AAH”) maintains certain online health risk assessment tools (the “Online Assessment Tool”) for your personal use. Your access to and use of the Online Assessment Tool is subject to the following Online Assessment Terms of Use. Please read these Online Assessment Terms of Use carefully before accessing or using the Online Assessment Tool, so that you fully understand your rights and responsibilities. All pages within the Online Assessment Tool and any information, material, content, and services made available during your use thereof are provided subject to your agreement with the Online Assessment Terms of Use. If you do not agree with these Online Assessment Terms of Use, promptly exit this website.

These Online Assessment Terms of Use apply to your access to and use of Online Assessment Tool only and do not alter in any way the terms and conditions of any other agreement you may have with AAH for health services or otherwise.

No Medical Advice

THE ONLINE ASSESSMENT TOOL DOES NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OF ANY KIND. THE INFORMATION CONTAINED IN THE ONLINE ASSESSMENT TOOL IS FOR YOUR PERSONAL USE ONLY AND IS NOT INTENDED TO DIAGNOSE, CURE, MITIGATE, TREAT, OR PREVENT DISEASE OR OTHER CONDITIONS AND IS NOT INTENDED TO PROVIDE A DETERMINATION OR ASSESSMENT OF YOUR CURRENT STATE OF HEALTH. THE ONLINE ASSESSMENT TOOL IS NOT A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT AND SHOULD NOT BE RELIED UPON AS YOUR PRIMARY SOURCE FOR HEALTH OR MEDICAL INFORMATION.

DO NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL ADVICE OR TREATMENT BECAUSE OF CONTENT OBTAINED THROUGH THE ONLINE ASSESSMENT TOOL. AAH DOES NOT MONITOR THIS WEBSITE OR COMMUNICATIONS FROM THIS WEBSITE FOR MEDICAL DIAGNOSTIC OR EMERGENCY HEALTH CARE PURPOSES. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS ABOUT YOUR MEDICAL CONDITION.

INFORMATION CONTAINED IN THE ONLINE ASSESSMENT TOOL IS NOT EXHAUSTIVE AND DOES NOT COVER ALL DISEASES, AILMENTS, PHYSICAL CONDITIONS OR THEIR TREATMENT. SHOULD YOU HAVE ANY HEALTH CARE RELATED QUESTIONS, CALL OR SEE YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER PROMPTLY, OR CONTACT YOUR LOCAL EMERGENCY SERVICES IN CASE OF AN EMERGENCY. ALWAYS CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH YOUR HEALTH CARE RELATED QUESTIONS, OR BEFORE EMBARKING ON A NEW TREATMENT, DIET OR FITNESS PROGRAM.

Your Representations

You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to be legally bound by these Online Assessment Terms of Use. You agree to be responsible for your use of the Online Assessment Tool and to comply with your responsibilities and obligations as stated in these Online Assessment Terms of Use.

Changes to the Online Assessment Terms of Use

AAH reserves the right to modify or amend these Online Assessment Terms of Use at any time. All changes will be effective immediately upon their posting. Material changes will be posted conspicuously on the AAH Online Assessment Tool website. By accessing the Online Assessment Tool following posting of changes to the Online Assessment Terms of Use, you agree to all such changes.

Online Assessment Tool Content

Although AAH attempts to ensure the integrity and accuracy of the content on the Online Assessment Tool, it makes no guarantees whatsoever as to the correctness or accuracy of such content. It is possible that the Online Assessment Tool and its content could include inaccuracies or errors, and third parties could make unauthorized additions, deletions and alterations to the Online Assessment Tool. In the event you become aware of an inaccuracy, please inform AAH [make this an email hyperlink] so that it can be corrected.

AAH DOES NOT MAKE ANY WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE ONLINE ASSESSMENT TOOL OR ANY CONTENT OR INFORMATION CONTAINED WITHIN IT.

The Online Assessment Tool content may contain health or medical related materials that you find sexually explicit or otherwise offensive. Aurora Health Care accepts no responsibility for such materials. Use of the Online Assessment Tool is at your own risk.

You may choose to use other services provided by third parties in conjunction with your access to and use of the Online Assessment Tool. Such services may include, but are not limited to, translation services, location services, and other third-party offerings. Any links to such services are provided for your convenience only. AAH has no control over the contents of these services, and AAH accepts no responsibility for them or for any loss or damage that may arise from your use of them. Such services may require you to submit your information to a third party, which may result in a copy of your information being used and/or stored by a third party. If you decide to access any such services in conjunction with your access to and use of the Online Assessment Tool, you do so entirely at your own risk and subject to the terms and conditions of use for such services.

Online Assessment Tool content may be changed or updated without notice. AAH reserves the right to modify Online Assessment Tool content without any obligation to notify past, current or prospective Website users.

Information regarding AAH and its services is applicable only in Wisconsin and Illinois unless otherwise noted. Some services may not be available in certain areas. AAH makes no representations that the materials on this Website are appropriate or available for use in other states or other countries besides the United States. Those who do access the Online Assessment Tool from other states or countries are solely responsible for compliance with the laws of such state or country.

You are responsible for the accuracy of information that you submit to AAH via the Online Assessment Tool. We have no obligation or liability for any information that is not accurate.

Intellectual Property Rights

The Online Assessment Tool and its content is the property of AAH, its affiliates or its third party sources and vendors. The Online Assessment Tool and its content are protected by federal and international copyright and trademark laws. The distinctive and original layout and presentation of the Website also constitutes protectable trade dress under applicable federal law. "Advocate Aurora Health" and the logo are trademarks and service marks of AAH. All other trademarks, service marks and logos used in the Online Assessment Tool are the trademarks, service marks or logos of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to AAH or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.

Restrictions of Use

You may view material from the Online Assessment Tool for your own personal use. You may not download, reproduce or otherwise distribute any materials from the Online Assessment Tool without AAH’s prior express written consent and/or the consent of any third party copyright owner.

Any rights that are not expressly granted by these Online Assessment Terms of Use or any applicable end user license agreements are reserved by AAH.

You may not use the Online Assessment Tool or its content for any purpose prohibited or restricted by law or in violation of the Online Assessment Tools Terms of Use.

No Warranty

AAH CANNOT AND DOES NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. AAH CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT THE ONLINE ASSESSMENT TOOL WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER MALICIOUS CODE. AAH DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICES PERFORMED VIA THE ONLINE ASSESSMENT TOOL WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE ONLINE ASSESSMENT TOOL WILL BE CORRECTED.

THE ONLINE ASSESSMENT TOOL IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AND DISCLAIMS ALL SUCH WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT AND ALL WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE.

AAH MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE ONLINE ASSESSMENT TOOL, OR USE OF MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THE ONLINE ASSESSMENT TOOL, OR REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE ONLINE ASSESSMENT TOOL. AAH DOES NOT HAVE ANY RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATION.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR ACCESS OR USE OF THE INTERNET AND THE ONLINE ASSESSMENT TOOL. You acknowledge and agree (1) that your use of the Online Assessment Tool and any material, information or data downloaded or otherwise obtained through the use of the Online Assessment Tool is at your own discretion and risk, and (2) that you are solely responsible for any damage to your computer system for loss of data that results from the download of such material, information or data, and for any other form of damage that may be incurred.

No information, whether oral or written, obtained by you from AAH or in any other manner from the Online Assessment Tool creates any warranty.

Limitation of Liability

NEITHER AAH, ITS AFFILIATES, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS ARE RESPONSIBLE OR LIABLE TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR ACCESS OR USE OF THE ONLINE ASSESSMENT TOOL OR ANY OF ITS CONTENT OR SERVICES.

FURTHERMORE, NEITHER AAH, ITS AFFILIATES, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS ARE OR WILL BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY KIND ARISING OUT OF OR RELATING IN ANY WAY TO THE ONLINE ASSESSMENT TOOL AND/OR ANY CONTENT ON THE ONLINE ASSESSMENT TOOL, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AURORA HEALTH CARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE ONLINE ASSESSMENT TOOL AND/OR ANY DAMAGE RESULTING FROM THE ONLINE ASSESSMENT TOOL IS TO STOP USING THE ONLINE ASSESSMENT TOOL, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold harmless AAH, its affiliates and their respective officers, directors, employees and agents from and against all losses, expenses, liabilities, damages and costs, including without limitation reasonable attorney fees, resulting from or arising from any use of the Online Assessment Tool or its content or any violation of these Online Assessment Terms of Use.

Incorporation of Internet Privacy Policy

Use of the Online Assessment Tool is also governed by the terms of the AAH Internet Privacy Policy, which are incorporated into these Online Assessment Terms of Use by this reference. Any Protected Health Information collected on the Online Assessment Tool will be used and disclosed only in accordance with AAH's Notice of Privacy Practices.

Disputes, Choice of Law, ad Venue

These Online Assessment Terms of Use are a binding agreement between you and AAH, and governed by and construed in accordance with the laws of the State of Wisconsin, exclusive of its choice of law rules. Each party to these Online Assessment Terms of Use submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Milwaukee in the State of Wisconsin, and waives any jurisdictional, venue, or inconvenient forum objections to such courts.

In any action to enforce these Online Assessment Terms of Use, Aurora Health Care will be entitled to all costs and attorney fees it incurs.

The Online Assessment Tool is not targeted to users in any particular locality, nor is it intended to constitute the doing of business in any jurisdiction, nor to be a solicitation of business anywhere on behalf of AAH or any of its affiliated entities, nor to constitute any contacts with any jurisdiction outside the state of Wisconsin or the state of Illinois.

Any cause of action or claim you have regarding the Online Assessment Tool must be commenced within one year after the claim or cause of action arises or the claim or cause of action is barred.

Notice may be given to you as a user of the Online Assessment Tool by posting information to the Online Assessment Tool website or the AAH website. Notice may be given to AAH only by delivery to AAH Public Relations Department, 750 West Virginia Street, P.O. Box 341880, Milwaukee, WI 53234-1880, with a copy to General Counsel at the same address.

Entire Agreement

These Online Assessment Terms of Use, along with the Advocate Health Care Internet Privacy Policy and the Aurora Health Care Internet Privacy Policy, constitute the entire agreement between AAH and you pertaining to the subject matter hereof. If a court deems any provision of this Agreement unenforceable or invalid, then the court will modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable then the provision will be severed and the remaining terms of this Agreement interpreted and read to give them maximum enforceability.

INTERNET PRIVACY POLICY

This Privacy Policy describes Advocate Aurora Health’s (“AAH”) online data collection practices and how we use and protect your personal information collected online. This Privacy Policy applies only to the information collected on the general websites (www.advocateaurorahealth.org, www.aurorahealthcare.org and www.advocatehealth.com) (collectively "Website"), and does not apply to information that Aurora Health Care, Advocate Health Care or Advocate Aurora Health obtains about you from other sources.

Please note any Protected Health Information collected on the Website will be used and disclosed only in accordance with AAH's Notice of Privacy Practices as further set forth in the Internet Privacy Policy for Advocate Health Care and Aurora Health Care.