Terms of Use & Privacy Policies

The Terms of Use and Privacy Policy set forth in this document apply to any and all uses of and access to this Mobile Application, which is owned and operated by The Children's Hospital of Philadelphia (“CHOP”).


Use of this Mobile Application is governed by the terms and conditions of this Agreement. Please read this Agreement carefully before accessing or using this Mobile Application. Throughout this Agreement, Children’s Hospital of Philadelphia is referred to as "CHOP," "we," or "us." By accessing or using this Mobile Application, you agree to be bound by all of the terms and conditions of this Agreement. This Agreement is intended to be fully effective and binding on you and on us. BY USING THIS MOBILE APPLICATION, YOU ACCEPT THESE TERMS OF USE.


Copyright

Copyright 2019 by The Children’s Hospital of Philadelphia. ALL RIGHTS RESERVED.


All material included in this Mobile Application, including the files associated with it, are protected by U.S. and international copyright laws. The marks "Children’s Hospital of Philadelphia," "CHOP," "CHOP Connection," the CH logo and the tumbler logos are marks of CHOP.


The materials on this Mobile Application are copyrighted by us and/or by other applicable rights holders. No part of this Mobile Application or the materials included in this Mobile Application may be reproduced in any form by any means, or utilized in any other way without our prior written permission and the permission of the applicable rights holder(s).


License


Subject to the terms and conditions hereunder, CHOP hereby grants to you a personal, revocable, non-transferable and non-exclusive license to install and use this Mobile Application on your mobile device for the purposes of your own internal, noncommercial use and to view, download for caching purposes only, and print pages from the Mobile Application for your own personal use, subject to the restrictions in these terms. No license is granted to any third party and you have no right to make available to anyone access to the Mobile Application. CHOP reserves the right to discontinue all or part of the Mobile Application or the foregoing license grant with or without notice at any time. CHOP does not transfer any ownership interest in the Mobile Application, any Content (as defined below), or any intellectual property related to any of the foregoing, to you under these terms. CHOP retains all right, title and interest in and to the Mobile Application. You agree that CHOP, in its sole discretion, may terminate or restrict your use or access to the Mobile Application (or any part thereof) for any reason, including, without limitation, that CHOP believes you have violated or acted inconsistently with these terms. Except for the limited permission set out above, nothing in these terms should be construed as granting any other right or license.


Terms of Use


CHOP offers this Mobile Application for general informational and educational purposes only. Nothing related to this Mobile Application is intended as medical advice nor should be used for diagnosis or treatment apart from consultation with a qualified healthcare professional. This Mobile Application is not intended to create any physician-patient relationship, nor should it be considered a replacement for consultation with a healthcare professional.


IF YOU HAVE QUESTIONS OR CONCERNS ABOUT YOUR HEALTH, PLEASE CONTACT YOUR HEALTHCARE PROFESSIONAL. Every healthcare professional is responsible for his or her own actions and the use of this information is not intended to replace the clinical judgment of your healthcare professional. It is the responsibility of your healthcare professional to check and determine all diagnosis and the indications, contraindications, and dosages of any medications and/or treatments prescribed or undertaken.


IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.


THIS MOBILE APPLICATION AND ANY INFORMATION PROVIDED ON THIS MOBILE APPLICATION, OR IN COMMUNICATIONS RECEIVED FROM CHOP IN RESPONSE TO REQUESTS SUBMITTED THROUGH THIS MOBILE APPLICATION, ARE NOT INTENDED TO CONSTITUTE THE PRACTICE OF OR FURNISHING OF MEDICAL, NURSING, OR PROFESSIONAL HEALTHCARE ADVICE, DIAGNOSIS, CONSULTATION OR TREATMENT OR SERVICES IN ANY JURISDICTION. THE INFORMATION IS PROVIDED “AS IS,” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, OR OTHERWISE. CHOP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION PROVIDED ON THIS MOBILE APPLICATION IS ACCURATE, COMPLETE, OR CURRENT. CHOP SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN PARTICULAR, CHOP MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION PROVIDED ON THIS MOBILE APPLICATION, OR YOUR USE OF THE INFORMATION, WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT OF ANY OTHER PERSON.


YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER USER OF THIS MOBILE APPLICATION FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, LOSS OF REVENUE OR BUSINESS OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS MOBILE APPLICATION, OR SITES ACCESSED THROUGH THIS MOBILE APPLICATION, AND/OR CONTENT OR INFORMATION PROVIDED ON OR THROUGH THIS MOBILE APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS MOBILE APPLICATION IS TO STOP USING THIS MOBILE APPLICATION.


We make no representations regarding the presence on this Mobile Application of viruses, Trojan horses, worms, or other harmful, disruptive, or destructive files. While we will make reasonable efforts to prevent such files from appearing on this Mobile Application and to remove any such files that do appear, we can make no assurances that such files may not be present or appear and we explicitly disclaim any responsibility for any such files and for any damage or effects caused by such files by reason of access to this Mobile Application.


We make no representations whatsoever about any other website that you may access through the Mobile Application. When you access a third party site, please understand that it is independent from CHOP, and that CHOP has no control over the content on that website. In addition, a link to a non-CHOP website does not mean that CHOP endorses or accepts any responsibility for the content, or the use, of the linked site. It is also up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Mobile Application, you do this entirely at your own risk.


Indemnity

You agree to indemnify CHOP and any of our parent or subsidiary companies or organizations, and any of our successors, assigns or licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising directly or indirectly out of your use of this Mobile Application, and any of the materials or Content contained therein, or any breach or violation of this Agreement or any other term or condition contained on this Mobile Application.


Intellectual Property Rights


CHOP is the owner of all content prepared for, or used on, this Mobile Application, unless superseded by another agreement, (such as terms set forth on other platforms like Facebook, Twitter and YouTube). "Content" means all text, images, files, videos, designs, layouts, color schemes, concepts, methods, techniques, process and data used in connection with, displayed on, or collected from or through this Mobile Application.


General


CHOP is located in Philadelphia, Pennsylvania, in the United States of America. CHOP makes no claims that this Mobile Application is appropriate or may be downloaded outside of the United States. Access to this Mobile Application may not be legal by certain persons or in certain countries. If you access this Mobile Application from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Terms of Use, Jurisdiction, Indemnity, and Complete Agreement.


Jurisdiction


You expressly and irrevocably agree that exclusive jurisdiction for any dispute with CHOP, or in any way relating to your use of this Mobile Application resides in the courts of the Commonwealth of Pennsylvania and you further agree and expressly consent to the exercise of venue and personal jurisdiction exclusively in the courts of the Commonwealth of Pennsylvania in connection with any such dispute including any claim involving CHOP, or CHOP’s parent corporation, affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.


You agree that any legal proceeding against CHOP related to this Mobile Application shall be filed and tried only in the Court of Common Pleas for Philadelphia County, Pennsylvania, United States of America. Both parties hereby expressly waive any right to a jury trial in any such proceeding.


These Terms of Use are governed by the internal substantive laws of the Commonwealth of Pennsylvania, without respect to its conflict of laws or choice of laws principles. If any provision of these Terms of Use is found to be invalid by any court having jurisdiction, then the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.


Complete Agreement


Except as expressly provided in a particular "legal notice" on this Mobile Application, these Terms of Use constitute the entire agreement between you and CHOP with respect to use of this Mobile Application.


Please also read our Privacy Policy below.


Privacy Policy   

CHOP has created these policies to demonstrate its commitment to privacy. It discloses our information-gathering and dissemination practices for this Mobile Application. You usually can access this Mobile Application without submitting any information about yourself. If you send us e-mail, respond to a survey, join our Online Community or otherwise subscribe to one of our on-line publications or e-mail newsletters, then naturally we will have your name and e-mail address. We will use them only for replying to your message or forwarding the requested material. We do not share this information with any other partners, affiliates or members of CHOP or with any outside organization.


Log File Data


This Mobile Application collects aggregate information about user properties (e.g., number of active users, where users are most engaged on the application, user retention, geographic location, mobile device platform, user adoption of new releases, source of new users, application stability, etc.) and user events (e.g., clearance of data, application removal, first open, notification sends/receipts, screen views, session starts, ecommerce purchases and in-app purchases). We use this information to maintain and improve our Mobile Application.


Cookies


A cookie is a small file containing a string of characters that is sent to your computer and/or mobile device when you visit a website or use an online service or mobile application. When you visit the website or use the service/mobile application again, the cookie allows that website or online service to recognize your browser or device. Cookies may store unique identifiers, user preferences and other information.

A cookie is a small file containing a string of characters that is sent to your computer and/or mobile device when you visit a website or use an online service or mobile application. When you visit the website or use the service/mobile application again, the cookie allows that website or online service to recognize your browser or device. Cookies may store unique identifiers, user preferences and other information.

Cookies help us improve our Mobile Application by providing us with information about which parts of the Mobile Application are most popular, enabling us to analyze technical and navigational information about the Mobile Application, and helping us to detect and prevent fraud. We also use cookies and other data collection tools (such as web beacons and server logs) to help improve your experience with the Mobile Application. For example, we use Firebase and/or Google Analytics to help analyze how users use the Mobile Application. These tools use cookies to collect standard Internet log information and visitor behavior information in an anonymous form. The information generated by the cookie about your use of the Mobile Application (including IP address) is transmitted to our data collection tool service providers. This information is then used by us to evaluate our users’ use of the Mobile Application and to compile statistical reports on mobile application activity for CHOP. If you would like to opt-out from the use of your information by Firebase and/or Google analytics, you may use Google’s analytics opt-out browser add-on designed for this purpose and/or opt out of Firebase analytics by turning off the Analytics option in the settings for this Mobile Application.


Web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to manage and delete cookies, visit www.allaboutcookies.org. Some web browsers provide settings that allow a user to reject cookies or to alert a user when a cookie is placed on the user’s computer, tablet or mobile device. Most mobile devices also offer settings to reject mobile device identifiers. Although users are not required to accept cookies or mobile device identifiers, blocking or rejecting them may prevent access to some features available through the Mobile Application.


E-mail Feedback and Online Comment Forms


Please note that CHOP will not intentionally share the contents of any e-mail feedback or comment form with any third party. However, due to the nature of electronic communications, we cannot and do not provide any assurances that the contents of your e-mail will not become known or accessible to third parties.


WE URGE YOU NOT TO PROVIDE ANY CONFIDENTIAL INFORMATION ABOUT YOU OR YOUR HEALTH TO US VIA ELECTRONIC COMMUNICATION. IF YOU DO SO, IT IS AT YOUR OWN RISK.


Children's Privacy


We are committed to protecting the privacy of children. This Mobile Application is intended for adults and young adults age 13 and over. It is not intended for or designed to attract persons under the age of 13. We do not permit registration by, nor do we collect personally identifiable information from, any person we actually know to be under the age of 13.


Other Sites


Our privacy policies apply only to your use of this Mobile Application. This Mobile Application contains links to other sites, including sites that may indicate a special relationship with us. While we do not disclose personally identifiable information to those operating these linked sites, we are not responsible for the privacy practices of such other sites. You should read the privacy policies of each site you visit to determine what information that site may be collecting about you.


Push Notifications


We may send push notifications or alerts to your mobile device even when you are not using the application. By continuing with this mobile application you are consenting to the use of such notifications. At any time, you can manage your push notification preferences or deactivate these notifications by turning off the Notifications settings in the application or in the device settings of your mobile device.


E-mail Communications, Newsletters and Related Services


This Mobile Application may provide you with the opportunity to receive other communications from us external to the Mobile Application, such as e-mails and newsletters. Once you have decided to receive such communications, you may later decide to stop receiving them. If you want to stop receiving such communications, you may go to https://www.chop.edu/centers-programs/vaccine-education-center/contact-ask-the-vec. You may also send an e-mail message to vacinfo@chop.edu.


Use of Data


You grant to CHOP and to all other persons or entities involved in the operation of this Mobile Application, including Firebase, Google Analytics and its affiliates, the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of this Mobile Application and other purposes, including but not limited to sharing your information with Google technical support and Google products and services. CHOP cannot and does not assume any responsibility or liability for any information you submit, including to our Online Community, or your or third parties' use or misuse of information transmitted or received using CHOP tools and services, including Online Community and Referring Physician Web Site.


Changes to Our Privacy and Security Policies


Just as with the other terms and conditions of this Agreement, we may change the terms and conditions of our Privacy Policies at any time by posting revisions on this Mobile Application.


You agree to review the Privacy Policies each time you use this Mobile Application so that you are aware of any modifications made to these policies. By accessing or using this Mobile Application (as it is defined in the terms and conditions), you agree to be bound by all of the terms and conditions of the Agreement as posted on this Mobile Application at the time of your access or use, including the Privacy Policies then in effect.


Contact Information


If you have any questions about these privacy policies or the practices of this Mobile Application, please contact our Web Access Center (available at https://www.chop.edu/centers-programs/about-childrens-hospital-philadelphia/feedback).

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