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Symptom Tracker: Northwestern Terms of Use and Waiver of Liability

Last Revised: August 18,  2020

THESE TERMS OF USE (“TERMS”) CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND NORTHWESTERN UNIVERSITY (“NORTHWESTERN,” “WE,” “OUR,” OR “US”) GOVERNING THE USE OF SYMPTOM TRACKER: NORTHWESTERN (“SYMPTOM TRACKER”). PLEASE READ CAREFULLY THROUGH ALL SECTIONS OF THESE TERMS. DOWNLOADING, INSTALLING, ACCESSING OR USING SYMPTOM TRACKER CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT WITH THESE TERMS, AS SUCH MAY BE REVISED BY NORTHWESTERN FROM TIME TO TIME, WHETHER OR NOT YOU COMPLETE A SYMPTOM CHECK QUESTIONNAIRE AND WHETHER OR NOT YOU COMPLETE IT ON THE MOBILE APPLICATION, THROUGH THE WEB-BASED APPLICATION, OR THROUGH OTHER CHANNELS, SUCH AS IN PERSON BY PAPER. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD UNINSTALL THIS APPLICATION IMMEDIATELY. IF THE INDIVIDUAL USING THE SYSTEMTRACKER IS A MINOR OR OTHER PERSON WITH A LEGAL GUARDIAN, THEN “YOU” AS USED HEREIN WITH RESPECT TO THE TERMS HEREIN, INCLUDING BUT NOT LIMITED TO THE WAIVER OF ANY LEGAL RIGHTS OR LIABILITY, SHALL INCLUDE BOTH THE INDIVIDUAL USING THE SYSTEMTRACKER AS WELL AS PARENT(S) OR LEGAL GUARDIAN(S) ACCEPTING THESE TERMS ON BEHALF OF SUCH INDIVIDUAL.

ARBITRATION NOTICE AND CLASS ACTION AND JURY TRIAL WAIVER. These Terms contain a binding arbitration agreement and class action and jury trial waiver clauses. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Although not part of these Terms, to learn more about how we use the personal information, and protect the privacy, of users of Symptom Tracker, please visit https://www.northwestern.edu/coronavirus-covid-19-updates/health/health-monitoring/symptom-tracker/privacy.html.

If you think you may have a medical emergency, call your doctor or dial 9-1-1 immediately.

THE APP IS NOT INTENDED TO PROVIDE MEDICAL ADVICE, DIAGNOSES, OR SUGGESTIONS FOR TREATMENT. YOU SHOULD CONTACT YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL CONCERNING YOUR PARTICULAR MEDICAL CONDITION OR CONCERNS. DO NOT DISREGARD PROFESSIONAL MEDICAL ADVICE, OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU READ ON THE APP.

PLEASE DO NOT ATTEMPT TO COMMUNICATE WITH US ABOUT YOUR SPECIFIC MEDICAL CONDITION, EVEN IN AN EMERGENCY, THROUGH THE APP. WE DO NOT MONITOR YOUR COMMUNICATIONS TO US THROUGH THE APP FOR THESE PURPOSES, AND WE MAY NOT RESPOND TO YOUR COMMUNICATION IN AN APPROPRIATE TIMEFRAME.  NOR CAN WE PROVIDE YOU WITH MEDICAL ADVICE. CONTACT YOUR PHYSICIAN OR HEALTHCAREROFESSIONAL FOR ADVICE CONCERNING YOUR MEDICAL NEEDS, OR CONTACT YOUR LOCAL EMERGENCY SERVICES IN CASE OF EMERGENCY.

Eligibility

Symptom Tracker is intended for individuals attending on-campus programming or activities including classes. Symptom Tracker is not intended for use by anyone under the age of thirteen (13). You must be at least 13 to access and use Symptom Tracker. In order to complete a symptom check questionnaire through Symptom Tracker, you will need to login with your Northwestern login credentials or, for non-Northwestern users, with your name and email address. You agree to create only one login account and to provide accurate, truthful, current and complete information when creating your login account. You also acknowledge that your login is personal to you and agree not to provide any other person with access to Symptom Tracker or portions of it using your username, password, or other security information.

Third Party Terms and Conditions; Northwestern Policies

In addition to these Terms, your use of Symptom Tracker may be governed by additional agreements and terms. These Terms supplement and incorporate the terms and conditions of any site from which you download the application (including Google Play and the App Store) and other Northwestern policies and terms.

Proprietary Rights and Your Use of Symptom Tracker

Unless otherwise specified in these Terms, all information and screens appearing on Symptom Tracker are the sole property of Northwestern or our subsidiaries and affiliates, and other parties. We provide content through Symptom Tracker that is copyrighted and/or trademarked work of Northwestern or our third-party licensors and suppliers (collectively, the “Materials”). Materials may include documents, services, software, application design, text, graphics, logos, video, images, icons, and other content, as well as the arrangement thereof. 

Subject to these Terms, we hereby grant you a limited, personal, non-exclusive and non-transferable license to use, view, print, display and download the Materials for the sole purpose of viewing them on a stand-alone personal computer or mobile device and to use Symptom Tracker solely for your personal use. Except for the foregoing license and as otherwise required or limited by applicable law, you have no other rights in Symptom Tracker or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of Symptom Tracker or Materials in any manner or for any purpose that would constitute infringement of our, our licensors’, or Symptom Tracker’s other users’ intellectual property rights. All rights not expressly granted herein are reserved. 

If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.

Electronic Communications

By using Symptom Tracker, you consent to receiving transactional email communications and other electronic communications, including electronic notices, from us. These communications may include notices about further health screening and information concerning or related toSymptom Tracker and/or Materials. These communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Permitted Uses

By accessing or using Symptom Tracker, you agree that:

  • Your use of Symptom Tracker is subject to and governed by these Terms;
  • You will use Symptom Tracker solely for its intended functionality;
  • You will always act in accordance with the law, custom, and in good faith;
  • You will provide accurate, truthful, current and complete information when completing your symptom check questionnaire;
  • You will comply with and be bound by these Terms as they appear on Symptom Tracker each time you access and use Symptom Tracker;
  • Each use of Symptom Tracker by you indicates and confirms your agreement to be bound by these Terms; and
  • These Terms are a legally binding agreement between you and us that will be enforceable against you.

You further agree to not use Symptom Tracker in any way that:

  • Changes or alters Symptom Tracker, content or services that may appear on Symptom Tracker;
  • Impairs in any way the integrity or operation of Symptom Tracker;
  • Interferes with or induces a breach of the contractual relationships between us and our employees;
  • Is in any way unlawful or prohibited, or that is harmful or destructive to anyone or their property;
  • Transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited email and commercial communications;
  • Transmits any harmful or disabling computer codes or viruses;
  • Harvests email addresses from Symptom Tracker;
  • Transmits unsolicited email to Symptom Tracker or to anyone whose email address includes the domain name of Symptom Tracker;
  • Interferes with our network services;
  • Attempts to gain unauthorized access to our network services;
  • Suggests an express or implied affiliation or relationship with us without our express written permission;
  • Impairs or limits our ability to operate Symptom Tracker or any other person’s ability to access and use Symptom Tracker;
  • Unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
  • Transmits or uploads violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
  • Dilutes or depreciates our or any of our affiliates’ name and reputation;
  • Transmits or uploads content that infringe upon any third party’s intellectual property rights or right to privacy; or
  • Unlawfully transmits or uploads any confidential, proprietary or trade secret information.

This list of prohibited activities provides examples and is not complete or exclusive. We may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct.

Reliance on Information Posted

The information presented on or through Symptom Tracker is made available solely for general information purposes and does not provide medical advice. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. You should contact your physician or other healthcare professional concerning your particular medical condition or concerns. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to Symptom Tracker, or by anyone who may be informed of any of its contents.

No Liability

SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL NORTHWESTERN OR ITS AFFILIATES, PREDCESSORS, SUCCESSORS, OFFICERS, TRUSTEES, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES AND THIRD-PARTY SERVICE PROVIDERS (COLLECTIVELY, “RELEASEES”) BE LIABLE TO YOU WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF SYMPTOM TRACKER, THE MATERIALS, THE CONTENT OR SERVICES OBTAINED THROUGH SYMPTOM TRACKER, OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO NORTHWESTERN RECORDS, PROGRAMS, OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, BE LIABLE TO A USER. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE APPLICATION.

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, LIQUIDATED OR OTHER CONSEQUENTIAL DAMAGES, ATTORNEYS’ FEES OR COSTS FOR ANY USE OF SYMPTOM TRACKER, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU FURTHER AGREE TO RELEASE, RELINQUISH, DISCHARGE FROM LIABILITY AND COVENANT NOT TO SUE RELEASEES FOR ANY CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION AND/OR LIABILITIES, OF WHATEVER KIND OR NATURE, IN LAW, EQUITY OR OTHERWISE, FOR PERSONAL INJURY, DISABILITY, DEATH, ILLNESS, OR DAMAGES OF ANY KIND, BREACH OF DATA PRIVACY OR DISCLOSURE OF PERSONAL OR OTHER PROTECTED INFORMATION.

Indemnification

You agree to indemnify, defend and hold harmless Releases, for any and all claims, demands, actions, liability, fines, penalties and expenses, including but not limited, attorneys’ fees and costs (with counsel selected by us) that may arise from any of your acts or omissions through the use of Symptom Tracker or any related offline communications. Such acts may include but are not limited to providing content to or communicating with us or our Affiliates, unauthorized use of material obtained through Symptom Tracker, engaging in a prohibited activity, or any other action or omission that breaches these Terms.

Arbitration, Class-Action Waiver, and Jury Waiver

These Terms shall be exclusively governed by and construed in accordance with the laws of Illinois, excluding its choice or conflict of law principles. ALL DISPUTES AND CLAIMS RELATING TO THESE TERMS NOT RESOLVED BETWEEN THE PARTIES SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION APPLYING ILLINOIS LAW AND ADMINISTERED BY THE INTERNATIONAL INSTITUTE FOR CONFLICT PREVENTION & RESOLUTION IN ACCORDANCE WITH ITS ARBITRATION RULES, UNLESS A DIFFERENT ARBITRATOR IS MUTUALLY AGREED UPON BY THE PARTIES. THE PLACE OF ANY SUCH ARBITRATION SHALL EXCLUSIVELY BE CHICAGO, ILLINOIS. SUCH AWARD SHALL BE NON-APPEALBALE AND MAY BE CONFIRMED BY AN ILLINOIS STATE COURT IN COOK COUNTY, ILLINOIS OR FEDERAL COURT IN THE NORTHERN DISTRICT OF ILLINOIS WITH COMPETENT JURISDICTION.

TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY OR OTHER COURT TRIAL OR TO SERVE AS A CLASS REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, CLASS ARBITRATION, CONSOLIDATION OF INDIVIDUAL ARBITRATIONS, OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.

Disclaimer of Warranties

TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON SYMPTOM TRACKER, THE INFORMATION AND SYMPTOM CHECK QUESTIONNAIRES OFFERED ON OR THROUGH SYMPTOM TRACKER AND ANY REFERENCED THIRD-PARTY SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE FULLEST EXTENT ALLOWED BY LAW, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF SYMPTOM TRACKER, CONTENT, OR OTHER POSTED MATERIALS ON SYMPTOM TRACKER IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

BY PROVIDING SYMPTOM TRACKER, WE DO NOT IN ANY WAY PROMISE THAT IT WILL REMAIN AVAILABLE TO YOU. WE ARE ENTITLED TO TERMINATE ALL OR PART OF ANY OF SYMPTOM TRACKER AT ANY TIME, IN OUR SOLE DISCRETION WITHOUT NOTICE TO YOU.

Severability

If any term or provision in these Terms is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms in its entirety and the remainder of these Terms shall survive with the said offending provision eliminated.

Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, excluding its conflicts of law rules, and the United States of America.

Assignment

We may freely assign our obligations and rights under these Terms, including all Personal Information in our possession which we have collected during your use of Symptom Tracker.

Application Availability

WE CANNOT GUARANTEE SYMPTOM TRACKER WILL BE AVAILABLE 100% OF THE TIME BECAUSE PUBLIC NETWORKS, SUCH AS THE INTERNET, OCCASIONALLY EXPERIENCE DISRUPTIONS. ALTHOUGH WE STRIVE TO PROVIDE THE MOST RELIABLE APPLICATION REASONABLY POSSIBLE, INTERRUPTIONS AND DELAYS IN ACCESSING THE APPLICATION ARE UNAVOIDABLE AND WE DISCLAIM ANY LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS.

Changes to these Terms or Symptom Tracker

You agree that we may change, update, add, or remove provisions of these Terms at any time by electronic means. Northwestern also reserves the right to modify or discontinue, temporarily or permanently, Symptom Tracker or any features or portions thereof without prior notice. You agree that Northwestern will not be liable for any modification, suspension, or discontinuance of Symptom Tracker or any part thereof.

Questions

If you have any questions or comments about these Terms or Symptom Tracker, please call us at (847) 467-4111. You also have the right to consult with anyone of your choosing – including, but not limited to, your physician or other health care professional and/or attorney – before accepting the terms of this agreement and waiving your rights concerning liability as described above.