MEDIKEEPER AND IHEALTHHOME TERMS OF USE FOR COVID NAVIGATOR
Last Updated: November 10, 2020
PLEASE READ THESE TERMS OF USE CAREFULLY. IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU SHOULD NOT USE THE COVID NAVIGATOR.
THIS COVID NAVIGATOR IS PROVIDED TO YOU BY THE PACIFIC URBAN RESILIENCE LAB AT THE UNIVERSITY OF HAWAII (PURL) WHO HAS CONTRACTED WITH MEDIKEEPER INC AND IHEALTHHOME WHO ARE MANAGING AND OPERATING THIS PRODUCT ON BEHALF OF PURL. THESE TERMS OF USE APPLY TO MEDIKEEPER AND IHEALTHHOME, PURL, AND YOU AS THE USER.
1. MediKeeper and iHealthHome's Service.
MediKeeper and iHealthHome provide employee and member portals and Apps to employers, health plans and wellness companies so that they may provide their employees or members with online health and wellness portals. As an organization that is eligible to use the COVID NAVIGATOR (hereinafter referred to as a “user”), you will have access to the COVID NAVIGATOR and other applications that PURL has chosen to make available to your organization. The COVID NAVIGATOR allows you to enter and update certain information related to the COVID-19 Coronavirus. The service is accessed on your mobile device to allow access to the COVID NAVIGATOR at any time. MediKeeper and iHealthHome are committed to the highest levels of security and privacy.
2. Availability of COVID NAVIGATOR
The COVID NAVIGATOR will be available to you for as long as PURL maintains a contractual relationship with MediKeeper and iHealthHome. If PURL terminates the contractual relationship with MediKeeper and iHealthHome, or MediKeeper and iHealthHome terminates the business relationship with PURL for any reason, you may no longer have access to the COVID NAVIGATOR or the information contained within it. If PURL terminates the contractual relationship with MediKeeper and iHealthHome, you will have the option at your sole choice to continue use of COVID NAVIGATOR by entering into a contractual relationship directly with iHealthHome and MediKeeper on mutually agreeable terms.

You agree that MediKeeper and iHealthHome may modify or discontinue the provision of the COVID NAVIGATOR, with or without notice to you. You agree that MediKeeper and iHealthHome will not be liable to you or any third party or person, as a result of such modification or discontinuation.
As a user, you may request that MediKeeper and iHealthHome delete all of your personal information at any time. If the contract between MediKeeper and iHealthHome and PURL is terminated for whatever reason, PURL may request that MediKeeper and iHealthHome delete the personal information of all users associated PURL from the MediKeeper and iHealthHome systems used to store such information.
3. Obligations of the User.
MediKeeper and iHealthHome and PURL would like to make you aware of the following information and your obligations:
a. While MediKeeper and iHealthHome makes every effort to ensure that the medical information and references used within the COVID NAVIGATOR are correct and up to date, the COVID NAVIGATOR does not offer medical advice and is not intended to replace the advice you receive from your own doctor. If you have any questions or concerns about the information contained within the COVID NAVIGATOR, you should consult your doctor.

b. The performance and loading times of the COVID NAVIGATOR is dependent upon many things that are not in the control of MediKeeper and iHealthHome or PURL including your own network performance, the age and performance of your cellphone, tablet or mobile device, and the availability of internet connectivity.

c. MediKeeper and iHealthHome are not responsible for supplying any of the equipment or networks required to access the COVID NAVIGATOR. This remains the responsibility of the user or PURL.

d. The information you provide and enter into the COVID NAVIGATOR or that may be imported into the COVID NAVIGATOR from approved and authorized third parties such as laboratories, Case Managers or biometric screening companies, and may contain sensitive and personal health information. You should always logout of the COVID NAVIGATOR after each session to prevent unauthorized persons gaining access to your information.

e. When you register as a user for the COVID NAVIGATOR you will be asked to provide a user name and password, which you will then use to login each time you wish to view the COVID NAVIGATOR, and your cellphone number and email address. It is important that you protect the access to your personal health information by not sharing your user name and password with anyone, and do not write this information down in a place where someone may easily find it. MediKeeper and iHealthHome cannot, and will not, be liable for any loss or damage arising from your failure to comply with this requirement.

f. You agree to immediately notify MediKeeper and iHealthHome of any unauthorized use of your password or account or any other breach of security.

g. You are responsible for the accuracy of the information you enter into the COVID NAVIGATOR. If you enter incorrect information, deliberately or by accident, you may compromise the accuracy of the results and information you may receive via the COVID NAVIGATOR.

h. You are responsible for keeping the information within the COVID NAVIGATOR up to date. Some of your results and information are related to dates and times, and for the results to be meaningful, it is important that they are calculated based upon the most up to date information.

i. You agree to allow MediKeeper and iHealthHome to provide a de-identified set of information reported by you and employee participants to PURL for purposes of analysis of COVID NAVIGATOR’s functionality, efficacy, adoption and any other analysis needed by PURL to fulfill its contractual research and grant requirements.

j. You agree to allow PURL to contact you to request interviews and other information about your process, roll out and training for use of COVID NAVIGATOR.

k. You agree to allow PURL, iHealthHome and MediKeeper to include your organization’s name and logo on its website, reports and written material as a collaborator for PURL’s research on COVID NAVIGATOR.
4. Privacy Policy.
MediKeeper and iHealthHome does not provide any identifying information to PURL about any individual or their personal health information to people, entities or companies not directly involved in supporting you through the COVID NAVGATOR. MediKeeper and iHealthHome does provide PURL - or other independent companies who may provide Case Management services if required - with your personal information and your health conditions in order to determine if you would benefit from Case Management assistance and to provide you with such services. Your personal cellphone number and email address are provided to the administrators of PURL so that they may have the ability to send messages and notifications to you if you are at a high risk for contracting the COVID-19 Coronavirus, have the Coronavirus and have health conditions that put you at higher risk of complications from Coronavirus symptoms, with the aim of providing Case Management Services.
You will also have the opportunity - should your circumstances and risk factors determine you to be “At Risk” - to use the COVID NAVIGATOR to share your information with Case Managers from iHealthHome or other companies who may have been contracted by PURL to provide you with Case Management services. This is a requirement for you to have access to such Case Management services.
YOU SHOULD NOT USE THE COVID NAVIGATOR IF YOU ARE NOT WILLING TO HAVE THE RESPONSES YOU PROVIDE TO THE QUESTIONNAIRE AND DAILY TASKS MADE AVAILABLE TO PURL OR ANY INDEPENDENT AUTHORIZED PARTY FOR POTENTIALLY PROVIDING CASE MANAGEMENT SERVICES.
5. User Account, Password and Security.
You will enter a username and password when completing the registration for the COVID NAVIGATOR. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
6. Disclaimer of Warranties by MediKeeper and iHealthHome.
You acknowledge that information contained within the COVID NAVIGATOR will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices, all of which are beyond the control and jurisdiction of MediKeeper and iHealthHome. MediKeeper and iHealthHome assumes no liability for or relating to the delay, failure, or interruption of any data or other information transmitted in connection with use of the MediKeeper and iHealthHome site.

WITHOUT LIMITING THE FORGOING, EVERYTHING ASSOCIATED WITH THE COVID NAVIGATOR, IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MEDIKEEPER AND IHEALTHHOME MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MEDIKEEPER AND IHEALTHHOME MATERIAL, SOFTWARE TEXT, GRAPHICS, AND LINKS OR RESULTS TO BE OBTAINED FROM THE COVID NAVIGATOR.
MEDIKEEPER AND IHEALTHHOME, DOES NOT IN ANY WAY EDIT, REVIEW OR AUTHORIZE THE RELEASE OF YOUR INFORMATION, EXCEPT AS PROVIDED IN THESE TERMS OF USE OF USE OR THE MEDIKEEPER AND IHEALTHHOME PRIVACY STATEMENT OR AS REQUIRED TO BY FEDERAL OR STATE LAW TO ALLOW THE TREATMENT OR TRACING OF DATA CONNECTED TO THE COVID-19 CORONAVIRUS. MEDIKEEPER AND IHEALTHHOME IS NOT LIABLE FOR ANY INACCURACY, OMISSION OR ERROR IN YOUR ONLINE PERSONAL INFORMATION.

WITHIN THE COVID NAVIGATOR YOU MAY BE OFFERED LINKS TO OTHER SITES OPERATED BY PARTIES OTHER THAN MEDIKEEPER AND IHEALTHHOME. THE INCLUSION OF ANY LINK TO SUCH SITES DOES NOT IMPLY ENDORSEMENT BY MEDIKEEPER AND IHEALTHHOME OF THE SITES. MEDIKEEPER AND IHEALTHHOME HAS NOT REVIEWED ALL OF THE SITES AVAILABLE WITHIN THE COVID NAVIGATOR AND IS NOT RESPONSIBLE FOR THE CONTENT OR ACCURACY OF ANY OFF-SITE PAGES OR ANY OTHER SITES LINKED TO THE COVID NAVIGATOR. BY SELECTING ANY OF THESE LINKS TO ANY OTHER OFF-SITE PAGES OR OTHER SITES YOU ACKNOWLEDGE THAT THIS IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS OF USE OF USE OF THOSE SITES.
7. Limitations of Liability
IN NO EVENT SHALL MEDIKEEPER AND IHEALTHHOME, ITS SUPPLIERS OR ANY THIRD PARTIES BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, PERSONAL INJURY, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE COVID NAVIGATOR, THE CONTENT OF THE COVID NAVIGATOR, OR ANY OTHER MEDIKEEPER AND IHEALTHHOME SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MEDIKEEPER AND IHEALTHHOME IS ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. MEDIKEEPER AND IHEALTHHOME SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU. BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
8. Controlling Law
These terms of use will be governed by the laws of the State of California. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of the terms shall continue in full force and effect.
9. Indemnification
You agree to defend, indemnify and hold MediKeeper and iHealthHome, its officers, directors, employees and agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the COVID NAVIGATOR or any other MediKeeper and iHealthHome Service in a manner that violates or is alleged to violate these Terms of use of Use. MediKeeper and iHealthHome shall provide notice to you promptly of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
10. Force Majeure
MediKeeper and iHealthHome’s failure to perform any term or condition of this Agreement as a result of conditions beyond its control such as, but not limited to, war, strikes, fires, floods, acts of God, governmental restrictions, power failures, or damage or destruction of any network facilities or servers, shall not be deemed a breach of this Agreement.
11. Acceptance of these Terms of Use
You must agree to these terms of use in order to have access to the COVID NAVIGATOR.