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Southern Illinois Healthcare Terms of Use

Effective Date: 1/31/2024

These Terms of Use (the “Terms”) describe the terms and conditions on which Southern Illinois Healthcare and its corporate affiliates listed below (collectively, “Southern Illinois Healthcare”, “we”, “us” or “our”) provide access to, and govern the use of, our website located at www.sih.net (the “Website”), the MyChart mobile applications (the “Apps”), and the services and functionality known as MyChart (“MyChart”, and together with the Apps and the Website, the “Digital Services”) to you (users of the Website, MyChart and the Apps). For the avoidance of doubt, these Terms do not apply to your receipt of health care services (“Health Care Services”) from your Southern Illinois Healthcare health care provider (“Provider”) even if your Provider delivers Health Care Services to you via Digital Services. Additionally, for clarity, the term “Health Care Services” includes the professional health care services provided to you by your Provider but does not include general information and resources that Southern Illinois Healthcare or a health care provider makes generally available on the Digital Services.

These Terms are important, contain legal obligations and affect your legal rights, so please read them carefully. Note that Section 14 of these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes relating to the operation or use of the Website, the Apps, and MyChart. However, these Terms (including the arbitration and class action waiver provision) do not apply to disputes arising from the health care you receive as a Southern Illinois Healthcare patient (Health Care Services), even if that dispute involves the Digital Services.

By clicking “I Accept”, by downloading the Apps, or by accessing or using our Digital Services (including by creating an account or paying your bill via the Digital Services), you agree to the Terms. You also agree to these Terms when you access or use the Digital Services as a guest user (e.g., if you pay a bill via the Digital Services as a guest user). If you do not agree to all of these Terms, including the mandatory arbitration and the class action waiver described below, you may not access or use the Digital Services.

Important Notices

  • The Digital Services are not intended to provide instructions in the event of an emergency. If you believe your symptom or situation is urgent or life-threatening, call 911 or go to your local emergency room immediately.
  • Except for direct communications with your provider through your MyChart portal concerning your medical care, the Digital Services are intended to provide only general and educational information about Southern Illinois Healthcare and are not an attempt to practice medicine or provide specific medical advice. For health care or answers to your personal questions, please consult with a Provider. The Digital Services and Content (defined herein) should not be used as a substitute for direct care.
  • Application of or reliance on any of the content, techniques, ideas, or suggestions accessed through the Digital Services is at your sole discretion and risk. Do not delay or forgo seeking medical care from a Provider if you have questions, concerns, or symptoms related to health topics or information that may be presented or referenced on the Digital Services.

1. Digital Services Privacy

By accessing or using the Digital Services, you agree that we can collect and use your information as disclosed in our Digital Privacy Policy. Our Digital Privacy Policy describes how we collect and use the information that you submit in connection with your use of the Digital Services. Please review our Digital Privacy Policy carefully before using the Digital Services. Note that our Digital Privacy Policy does not describe how we treat your Protected Health Information. If you have any questions about how we treat your Protected Health Information, please review the Notice of Privacy Practices. Alternatively, you may contact the Privacy Officer at: Southern Illinois Healthcare, P. O. Box 3988, Carbondale, IL 62901, telephone number: 800-228-6631. We reserve the right to modify our Digital Privacy Policy from time to time.

MyChart Accounts, Account Security and Communication Preferences

You may need to register for a MyChart Account (“Account”) to access some or all of our Digital Services. When you initially enroll in MyChart, you will have the opportunity to create a personal login name (called MyChart ID) and a password. Anyone with access to your login name and password would be able to access confidential medical information, read your messages, and send new messages as if that person were you. It is your responsibility to select a robust password and to prevent disclosure of your login and password, and to change your password if you feel that its security has been compromised. You may change your password at any time. We are not responsible for any damages that result from your failure to keep your password secure. You are responsible for all activity in your Account. If you permit others to use your Account credentials, you are responsible for the activities of such users that occur in connection with your Account.

As part of activating your Account, you are required to provide us with a valid email address and to update your email address if it changes. By creating an Account, you also consent to receive electronic communications from Southern Illinois Healthcare (e.g., via email, text message, or by posting notices to the Digital Services). These communications may include operational notices about your Account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. When permitted by law, we may also send you promotional communications via email, including newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided.

2. Additional Terms

a. MyChart

i. Relationship of MyChart to Your Medical Record Information

MyChart is a communication tool offered to our patients (and their proxies) only as a convenience. You may receive messages, test results, and other communications through MyChart. MyChart provides online access to a portion of the patient electronic medical record stored in Southern Illinois Healthcare’s electronic health record system (“Epic EHR System”); the entire patient medical record is not available through MyChart. Access to the complete patient medical record may be requested through the procedure described in the Notice of Privacy Practices.

Any messages you send to us in MyChart may be routed to an appropriate person for handling, and someone other than the patient’s provider may be involved in addressing requests. The message and response may become part of the patient medical record.

ii. Minor Eligibility

To request a personal MyChart account, an individual must be at least 12 years old. Parents or guardians of minor children may request access to the minor child's account by following the terms outlined in the "Proxy Access" section of the Terms. Minor children ages 12 through 17 will be eligible to participate in the full spectrum of MyChart services. Under State and Federal law, there are certain types of medical information that the parent or guardian of a minor patient age 12 or older may not view without consent of the minor patient. Because of these requirements, we cannot offer the full spectrum of services to parents of minor patients in this age category unless the minor approves Proxy access to the parents. Thus, when a minor patient reaches age 12, restrictions will be placed on MyChart access for parents until he/she reaches age 18.

iii. Proxy Access (also known as Personal Representative)

A patient (or personal representative) can invite another individual or request Southern Illinois Healthcare grant another individual proxy access to the patient’s MyChart account. Emancipated minors may be given proxy access to another individual’s MyChart account on a case-by-case basis. The proxy will be able to access the patient’s MyChart account and all of the information in the account, including the ability to download, print, email and provide access to the information to others. Southern Illinois Healthcare reserves the sole and absolute discretion to decide whether proxy access will be granted. If the patient has a proxy, the proxy must agree, and the patient (other than minor patients) or the patient’s personal representative must complete enrollment and consent forms permitting such access from time to time.

The patient understands the information in MyChart is obtained from the patient’s electronic medical record in our Epic EHR System and may include information from any providers or third parties. The patient authorizes us to provide the patient’s proxy with access to any of the patient’s information available through MyChart, including, if applicable, information related to the diagnosis and treatment of mental illness, developmental disabilities, sexually transmitted diseases, HIV test results, genetic testing results, substance use disorders and reproductive health.

If you are accessing or using our Digital Services on behalf of another person, you represent that you are authorized to accept these Terms on that person’s behalf and that the person agrees to be responsible to us if you or the other person violates these Terms.

If the proxy's relationship with the patient changes, a patient can revoke the proxy access in MyChart or inform their MyChart Representative immediately at sih.mychart@sih.net or 1.618.457.5200 ext 67122. Southern Illinois Healthcare reserves the right to revoke proxy access at any time for any reason. The term of the proxy authorization for an adult patient begins at the time of activation in MyChart.

The term of the proxy authorization for a minor patient under the age of 12 begins when a parent or legal guardian acting as a proxy activates the patient’s MyChart account. The term continues until we terminate the proxy, you terminate the proxy by revoking the authorization through the patient’s MyChart account settings, or on a minor patient’s 12th birthday. If the patient revokes this authorization, the applicable proxy’s access to MyChart will end. However, the patient’s revocation will not affect any releases of information that were made prior to processing the revocation request in reliance on these Terms.

b. Bill Pay; Donations

By providing a credit card or other payment method that we accept, you represent that you are authorized to use that payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your bill (including any applicable taxes and other charges) or donation (each, a “Transaction”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Transaction may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Transaction. If you want to change or update your payment method information, you can do so at any time by logging into your Account. If a payment is not successfully settled and you do not edit your payment method information, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated.

You acknowledge that the origination of Automated Clearing House (“ACH”) transactions to your Account must comply with applicable provisions of law. In the case of an ACH Transaction rejected for insufficient funds, we may at our discretion attempt to process the charge again at any time within 30 days. If you have sent an insufficient amount of funds to complete the Transaction, we may in our discretion, cancel the entire Transaction or fulfill a partial Transaction using the amount of funds available, but we have no obligation to alert you to the insufficiency.

Upon making a donation, SIH Foundation will provide a receipt that may be submitted by you for proof of your gift towards any tax deduction or tax credit for which you may be eligible. Additionally, you will have the option to financially cover any transaction fees; if you do, those fees will be charged to the credit or debit card or other payment method you designate. You further agree that: (a) all payments will be processed through Southern Illinois Healthcare’s designated third party payment processor; and (b) all processed donations may be final and non-refundable.

c. Expedited Check-In

If you access or use MyChart via the Apps, we may offer functionality to help expedite the check-in process for your upcoming appointments by sending a push notification to your mobile device asking if you would like to check-in to your upcoming appointment when you arrive at

the facility. With your permission, we may send a notification based on the geo-location of your mobile device relative to the facility where your appointment is scheduled. Always drive cautiously according to road conditions, traffic laws, and local ordinances governing the use of mobile devices while operating a motor vehicle.

If you access and use the Digital Services on your smartphone, tablet or other mobile device, you must have wireless service through Wi-Fi or a participating wireless service provider and a compatible mobile device. You are responsible for all charges (including data and messaging charges) related to your use of the Digital Services through your device. We do not guarantee that the Digital Services are compatible with any particular operating system, browser, mobile device or other software or equipment.

3. Reservation of Rights

We may modify, suspend, or discontinue any aspect of the Digital Services at any time without prior notice. You agree that we are not liable to you or any third party for any modification, suspension, or discontinuance of any feature or component of the Digital Services. In addition, we reserve the right, at any time and for any reason, with or without notice, and without liability to you or any other user, to: (a) restrict, limit, suspend or terminate your and/or any other user's access to the Digital Services; (b) monitor any user's use of the Digital Services to verify compliance with these Terms and/or any applicable law; (c) investigate any suspected or alleged misuse of the Digital Services and cooperate with law enforcement and/or third-parties in such investigation; and (d) disclose information about any user's use of the Digital Services in connection with law enforcement investigation of alleged illegal activity, or in response to a lawful court order or subpoena.

4. Proprietary Rights

Southern Illinois Healthcare grants you a limited right to use the Digital Services for your personal use. All original content, materials, features and functionality (including, text, information, images, photos, graphics, artworks, logos, videos, audios, directories, listings, databases, and search engines) available via the Digital Services (the “Content”) are owned by Southern Illinois Healthcare and/or its licensors and may be protected by U.S. and foreign copyright, trademark and other intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable right and license to access and use the Digital Services and Content solely for your personal, non-commercial use; provided, however, that such license does not include any right to (a) sell, resell our Digital Services and the Content; (b) copy, reproduce, distribute, publicly perform or publicly display Content, except as expressly permitted by us or our licensors; (c) modify the Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Digital Services and the Content; (d) use any data mining, medical robots or similar data gathering or extraction methods; and (e) use our Digital Services and the Content other than for their intended purposes. Except for this limited license granted to you, we reserve all other rights. This license may be revoked and terminated by us at any time and for any reason. Any unauthorized use, reproduction or distribution of the Digital Services or Content is strictly prohibited and may result in termination of the license granted herein, as well as civil and/or criminal penalties.

All trademarks, trade names and logos appearing on or through the Digital Services are owned or licensed by us. The “Southern Illinois Healthcare” name and logo and all other Southern Illinois Healthcare names, marks, logos and other identifiers are trademarks and service marks of Southern Illinois Healthcare. You may not use or display any Southern Illinois Healthcare trademarks, trade names, or logos without our prior written permission. We reserve all rights.

If you choose to provide us with any comments, suggestions, ideas or other feedback (“User Feedback”), you agree that we have an unrestricted right to use it, and you are not entitled to receive any compensation.

5. User Supplied Material

Our Digital Services may allow you to upload, store and share content, including messages, texts, photos and other materials (collectively, "User Content"). Except for the license you grant below, as between you and Southern Illinois Healthcare, you retain all rights in and to your User Content. You hereby grant Southern Illinois Healthcare a nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content in all media formats and channels now known or later developed without compensation to you.

If you supply or transmit any User Content via the Digital Services, you represent and warrant to us that you have the legal right necessary to grant us the license described above, and that such material will not violate any law or the rights of any person or entity. Any User Content posted publicly or sent privately is the sole responsibility of the person who submitted it. Although Southern Illinois Healthcare reserves the right to review or remove all User Content on the Digital Services, we do not necessarily review all of it. As such, we do not take responsibility for any User Content provided through the Digital Services.

6. Appropriate Use of the Digital Services

You agree to use the Digital Services in accordance with all applicable laws and to be solely responsible for your conduct while accessing or using our Digital Services. In addition, without limitation, you will not, directly or indirectly, do any of the following while using or accessing the Digital Services:

a. Engage in any harassing, threatening, intimidating, predatory or stalking conduct.

b. Use or attempt to use another User’s Account without authorization from that user and Southern Illinois Healthcare.

c. Copy, reproduce, sell, rent, lease, distribute, transfer, modify or make derivative works from the Digital Services or any Content.

d. Remove, alter or tamper with any copyright, trademark or other proprietary rights or legal notices contained in any Content obtained from the Digital Services.

e. Decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive any proprietary software code or information associated with the Digital Services.

f. Use the Digital Services in any manner that could interfere in any way with the operation of the Digital Services or any server, network or system associated with the Digital Services, including by: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of the Digital Services or any server, network or system associated with the Digital Services; breaching or circumventing firewall, encryption, security or authentication routines; accessing data not intended for you, or accessing another's account that you are not expressly authorized to access.

g. Use any automated program, tool or process (including web crawlers, robots, bots, spiders, and automated scripts) to access the Digital Services or any server, network or system associated with the Digital Services, or to extract, collect, harvest or gather Content or information from the Digital Services.

h. Frame or otherwise create a browser or border environment around any page or content of the Digital Services, or deep-link to any internal page or area of the Digital Services.

i. Make any other use of the Digital Services that violates these Terms or any applicable law.

You may also only upload or otherwise share User Content that you have all necessary rights to disclose. You may not upload, store or share any User Content that:

a. is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;

b. would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any applicable law;

c. may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

d. impersonates, or misrepresents your affiliation with, any person or entity;

e. contains any private or personal information of a third party without such third party’s consent;

f. contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or

g. is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Digital Services, or that may expose Southern Illinois Healthcare or others to any harm or liability of any type.

7. Links to Third Parties

The Digital Services may contain links to third-party websites, products, services, and may redirect to third party applications on your mobile device (each, a “Linked Third-Party Service”). Such links do not constitute or imply Southern Illinois Healthcare’s approval, sponsorship or endorsement of any Linked Third-Party Service. When you access and use a Linked Third-Party Service, you are subject to that third party's terms and conditions of use and privacy policy and you agree that Southern Illinois Healthcare is not responsible for and has made no representations or warranties, express or implied, regarding any Linked Third-Party Service and that Southern Illinois Healthcare shall have no liability relating to such Linked Third-Party Service. Any rights, claims or actions you may have in respect of a Linked Third-Party Service can only be brought directly against the provider of that Linked Third-Party Service. You access and use a Linked Third-Party Service solely at your own risk. In addition, to the extent you access services or content provided by YouTube or Vimeo through the Digital Services, you agree to be bound by YouTube and Vimeo Terms of Service located at: https://www.youtube.com/t/terms and https://vimeo.com/terms respectively.

8. Provider Information

Please understand that the providers whose information is available on the Digital Services may not be agents or employees of Southern Illinois Healthcare. Although Southern Illinois Healthcare has obtained the information provided on this website concerning providers (including specialty, credentials and training) from sources believed to be reliable and accurate, Southern Illinois Healthcare can make no guarantee or warranty as to the accuracy, timeliness or completeness of that information.

9. Disclaimer of Warranties

You understand and agree that we do not provide any warranty with respect to the Digital Services.

Specifically, you expressly acknowledge and agree that, unless expressly otherwise stated by Southern Illinois Healthcare and except where prohibited by applicable law:

a. The Digital Services and all Content (except for Health Care Services) are provided “as is” and “as available”;

b. To the fullest extent permissible pursuant to applicable law, Southern Illinois Healthcare disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose, with respect to the Digital Services and all Content; without limiting the generality of the foregoing, Southern Illinois Healthcare does not warrant that the Digital Services and all Content will be uninterrupted or error free; or that any defect or error will be corrected; or that the Digital Services and all Content will be secure and free of viruses or other harmful components; or that any information provided on the Digital Services will be current or accurate; or that a particular product, service or provider you see on the Digital Services will be available to you; and you have not relied on any such warranty of any kind; and

c. Your use of the Digital Services and all Content is entirely at your own risk.

Some states may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. But, to the extent permitted by applicable law, we exclude all warranties.

10. Limitations of Liability Related to the Operation and Use of Digital Services

Unless expressly otherwise stated by Southern Illinois Healthcare and except where, and only to the extent, prohibited by applicable law:

a. In no event shall Southern Illinois Healthcare or any of its affiliates or any of its or their respective officers, directors, employees, agents, representatives, advisors and consultants (collectively, “Southern Illinois Healthcare Parties”) be liable to you (whether under contract, tort, negligence, strict liability, warranty or any other legal or equitable theory) for any indirect, incidental, exemplary, special, speculative, punitive or consequential damages (including, without limitation, loss of use, data or information of any kind) in any way arising out of or related to the operation, or your use, of the Digital Services or any Content, even if any Southern Illinois Healthcare Parties have been advised of the possibility of such loss or damages.

b. To the fullest extent permitted by applicable law, you understand and agree that the Southern Illinois Healthcare Parties’ maximum aggregate liability for any type of damages in any way arising out of or related to the operation, or your use, of the Digital Services or any Content hereunder shall be limited to (i) the total fees paid by you to access or use the Digital Services during the three (3) months preceding the event giving rise to the liability or (ii) if no fees are payable by you for such period, one hundred U.S. dollars.

c. You further agree that the limitations of liability set forth above will survive any termination or expiration of these Terms and will apply even if any limited remedy specified herein is found to have failed its essential purpose. Applicable law may not allow the limitation or exclusion of liability or certain measures of damages. Accordingly, the exclusions and limitations set forth above may not apply in their entirety to you. You agree, however, that our liability, and recoverable damages, will be limited to the maximum extent permitted by law.

You acknowledge and agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms and that Southern Illinois Healthcare would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.

11. Release for Operation and Use of the Digital Services

To the fullest extent permitted by applicable law, you release Southern Illinois Healthcare and the other Southern Illinois Healthcare Parties from responsibility, liability, claims, demands, and/or damages of every kind and nature, in any way arising out of or related to the operation, or your use, of the Digital Services or any Content that in any way arise out of or related to the acts or omissions of third parties (“Third Party Disputes”). If you are a California resident, you hereby waive any rights you may have arising out of these Terms under California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her would have materially affected his or her settlement with the debtor or released party.” You also waive any rights you may have with respect to Third Party Disputes under any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

12. Indemnification

You will indemnify, defend, and hold harmless the Southern Illinois Healthcare Parties from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:

a. your access to or use of the Digital Services, or the Content;

b. your User Content and/or User Feedback;

c. your violation of any of the provisions of these Terms;

d. any activity related to your registration by you or any other person accessing the Digital Services through your Account, including, without limitation, negligent or wrongful conduct; or

e. your violation of any third party right, including any intellectual property right, publicity, confidentiality, property or privacy right.

Southern Illinois Healthcare reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

13. Dispute Resolution

Please read the following sections carefully because they require you to arbitrate certain disputes, claims, suits, actions, causes of action, demands or proceedings against any Southern Illinois Healthcare Parties that in any way arise out of or relate to the operation, or your use, of the Digital Services or Content (except for disputes that arise from Health Care Services) (“Disputes”) and limit the manner in

which you can seek relief from us in such Disputes. For the avoidance of doubt, “Disputes” under this section does not include disputes, claims, suits, actions, causes of action, demands or proceedings that arise out of the actual provision of health care by a Provider (Health Care Services), even if the Dispute involves Digital Services.

a. Waiver of Right to Pursue Class Action Claims

You and Southern Illinois Healthcare agree that each may bring claims or otherwise resolve Disputes against the other party only on an individual basis and waive any right to pursue any claims as a plaintiff of class member in any purported class or representative action or proceeding. Further, you and Southern Illinois Healthcare agree that a Dispute will not be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of you or any other individual or group of individuals.

b. Limitation on Time to Bring an Action

You agree that regardless of any statute or law to the contrary, any Dispute brought by you must be filed within one (1) year after such claim or cause of action arose, and that thereafter such claim or cause of action will forever be barred.

c. Agreement to Arbitrate Claims; Waiver of Jury Trial

By agreeing to these Terms, both you and Southern Illinois Healthcare are waiving the right to a jury trial on certain Disputes that may arise.

Except for Disputes (i) arising out of or related to a violation of Appropriate Use of the Digital Services (“Appropriate Use Dispute”); (ii) in which either party seeks to bring an individual action in small claims court and that qualifies to be filed in small claims court (“Small Claims Dispute”); or (iii) in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including copyrights, trademarks, trade names, logos, trade secrets or patents (“IP Injunctive Dispute”), you and Southern Illinois Healthcare agree to arbitrate all Disputes between you and us. If a Dispute arises between you and us relating to the Digital Services or these Terms, you and we agree that the Dispute shall be resolved by final and binding arbitration administered by the American Arbitration Association under its rules for consumer arbitrations (“AAA Rules”).

You and Southern Illinois Healthcare agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Southern Illinois Healthcare shall be sent by certified mail or courier to Southern Illinois Healthcare, Attn: General Counsel, 1239 East Main St PO Box 3988 Carbondale, IL 62901. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with the section titled “Accounts, Account Security, and Communication Preferences”, and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and Southern Illinois Healthcare cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the receiving party, then either you or Southern Illinois Healthcare may, as appropriate and in accordance with this section, commence an arbitration proceeding or, solely in the case of an Appropriate Use Dispute, Small Claims Dispute, or IP Injunctive Dispute, file such action in court.

You and we agree to the following rules relating to any arbitration proceeding:

You and Southern Illinois Healthcare waive any right to bring Disputes before any court of law, (except in the case of an Appropriate Use Dispute, Small Claims Dispute, or IP Injunctive Dispute). Rights that you would have if you went to court, such as access to discovery, may be unavailable or limited in arbitration.

The venue for all Disputes arising under these Terms (including both arbitrated Disputes and court actions in any Appropriate Use Dispute, Small Claims Dispute, or IP Injunctive Dispute) shall be in Jackson County, Illinois, but you and we may agree to conduct the arbitration by telephone, online and/or solely based on written submissions. You hereby waive any right to claim that such location is an inconvenient forum and covenant not to sue us in any other forum.

The arbitrator will have the power to grant whatever relief would be available in court under law or in equity (including attorney’s fees) and any award of the arbitrator will be final and binding on each of the parties. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator also does not have the power to vary the class action waiver provisions.

These Terms affect interstate commerce and the enforceability of this Section shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

All arbitration proceedings will be confidential and all records relating thereto will be permanently sealed to the fullest extent possible under applicable law.

Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, Southern Illinois Healthcare will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you.

If any term, clause or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this section will remain valid and enforceable. Further, the waivers set forth in this section are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.

d. Governing Law

You and Southern Illinois Healthcare agree that these Terms and any Dispute between you and Southern Illinois Healthcare relating to your use of the Digital Services will be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict-of-laws provisions. You and Southern Illinois Healthcare each agree that any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved on an individual basis exclusively in the U.S. District Court for the Southern District of Illinois, or the state courts located in Jackson County, Illinois. You and Southern Illinois Healthcare each consent to the personal jurisdiction of these courts and waives any and all objections to the exercise of jurisdiction by these courts and to this venue. Notwithstanding the foregoing, however, you and Southern Illinois Healthcare agree that Southern Illinois Healthcare may commence and maintain an action or proceeding seeking injunctive or other equitable relief in any court of competent jurisdiction. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

14. International Users

If you are located outside of the United States and access the Digital Services or submit your Personal Information to us, U.S. law may not offer the same privacy protections as the law of your jurisdiction. If you visit our Digital Services or contact us from outside of the United States, please be advised that (i) any information you provide to us or that we automatically collect will be transferred to the United States; and (ii) that by using our Digital Services or submitting information, you explicitly authorize its transfer to and subsequent processing in the United States in accordance with our Digital Privacy Policy.

15. Termination

Either you or we may terminate our relationship with regard to the Digital Services at any time, with or without cause. In addition, we may deactivate, terminate or suspend your account at any time: (a) if we, in our sole discretion, determine that you are or have been in violation of these Terms; (b) if we, in our sole discretion, determine that you have created risk or possible legal exposure for Southern Illinois Healthcare; (c) in response to requests by law enforcement or other government agencies; (d) upon discontinuance or material modification of the Digital Services, or (e) due to unexpected technical issues or problems. We may also stop providing the Digital Services or create limits on use of the Digital Services (in each case, whether specifically to you or generally).

These Terms automatically terminate when you fail to comply or if we reasonably believe that you have not complied with any term or condition of them.

Termination will not limit any of our other rights or remedies. Any provision that must survive in order to give proper effect to the intent and purpose of these Terms shall survive termination.

16. App Updates

Southern Illinois Healthcare may from time to time, in its sole discretion (without obligation), develop and provide updates for our App, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Southern Illinois Healthcare has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

Portions of the App may not properly operate if you do not install all Updates, so we encourage you to promptly install all updates. To that end, based on your mobile device settings, when your mobile device is connected to the Internet, either (a) the Updates will automatically download and install or (b) you may receive notice of or be prompted to download and install available Updates. For clarity, all Updates are part of the App and subject to these Terms.

17. Changes to these Terms

We reserve the right to change our Terms at any time. Any changes that we make will become a part of our agreement with you when they are posted to our Digital Services. Your continued use of our Digital Services will constitute your agreement to the changes we have made. If we make material changes, we will post the amended Terms to our Digital Services and update the “Last Updated” date above. We may also notify you by sending an email notification to the address associated with your Account or providing notice through our Digital Services. Revisions are effective and binding when posted on the Digital Services. The last date these Terms were revised is set forth at the top of these Terms.

19. General Legal Terms

You and Southern Illinois Healthcare further agree to be bound by the following general terms:

a. These Terms, along with any additional terms and conditions incorporated herein, constitute the entire understanding by and between Southern Illinois Healthcare and you with respect to the matters contained herein.

b. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Waivers are effective only if in writing and signed by us.

c. Except as described in the section titled Changes to these Terms, these Terms may not be amended unless in writing by us.

d. If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been used.

e. These Terms inure to the benefit of and will be binding upon our and your permitted successors and assigns.

f. You must not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent. We may assign or delegate any of our rights and obligations under these Terms.

g. A printed version of these Terms and of any related notice given in electronic form shall be admissible in arbitral, judicial, or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

h. You agree that we may send you notice via email to the email address you have provided, and we are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address. You also agree that we may send you notice through the Digital Services or your Account.

i. Headings and captions are for convenience only.

j. Use of the term “including” shall be construed without any limitation.

20. Southern Illinois Healthcare Corporate Affiliates Southern Illinois Medical Services, NFP

a. Harrisburg Medical Center, Inc.

b. Southern Illinois Healthcare Enterprises

c. Health Services of Southern Illinois, Inc.

 

21. Contact Us

If you have any questions about Services or these Terms, please contact us:

Attn: Health Information Southern Illinois Healthcare

PO Box 3988
Carbondale, IL 62901

Telephone Number: 800.228.6631

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