Privacy Policy and Terms of Use

Terms and Conditions

Terms and Conditions ("Terms")

Last updated: (09/25/2020)

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the My Mental Health Risk mobile application (the "Service") operated by Creighton University.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

Content

“Content” within this agreement means any information that may be viewed or encountered through use of the Service, such as data, written text, graphics, images, othermedia and any other electronic content. By accepting the terms and conditions, you understand that you are responsible for your use, sharing, posting or transmitting of Content.

Our Service allows you to view content that may be posted, linked, stored, shared and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the content which you access, and for any content which you posted, linked, stored, shared and otherwise make available to any third-party. All users of My Mental Health Risk are responsible for their own content and sharing of private information is strongly discouraged and may be prohibited by law.

Loss or theft of device

Creighton University is not responsible for any loss of data, or breach of secure and private data and information due to the loss or theft of any device. You are responsible for the security of your device. All users of the Service are strongly encouraged to use a secure password at all times.

Your Conduct

You agree under these terms and conditions that you will NOT use the Service to upload, download, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, libelous, obscene or invasive of another person’s privacy. You agree that you will NOT use the Service to harass, threaten or stalk another person.

Intellectual Property

Subject to your compliance with the Terms, Creighton University grants you a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Service. The Service is for your personal and non-commercial purpose. The Service and any portion ofthe Service may not be reproduced, duplicated, copied, modified, sold, resold, distributed,visited or otherwise exploited for any commercial purpose without the express written consent of Creighton University. These Terms do not grant you any rights in or to the intellectual property of Creighton University. The licensed granted in this section is conditioned on your compliance with the Terms. In the event you breach any provision of these Terms, your rights under this section will immediately terminate.

You agree under these terms and conditions NOT to engage in any copyright infringement or violation of intellectual property agreements. You agree NOT to steal, misuse or adjust any content that you do not have the right to download, upload, disclose confidential information or violate any nondisclosure agreement.

Links to other web sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Creighton University. Creighton University has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-partyweb sites or services. You further acknowledge and agree that Creighton University shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

This Service Does Not Constitute Medical Services or Advice; No Doctor-Patient Relationship

Creighton University provides the Service for informational purposes only. The Service does not contain or constitute and should not be interpreted as medical advice or opinion. Creighton University is not a medical professional. The Services are not a substitute for the advice of a medical professional, and the information made available through the Service should not be relied upon when making medical decisions or to diagnose or treat a medical or health condition. If you require medical advice or services, you should consult a medical professional. Your use of the Service does not create a doctor-patient relationship between you and Creighton University. You agree that, before using the Service, you should consult your physician, particularly if you are at risk for health problems.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Use of data

My Mental Health Risk datawill be used to improve the app as needed on an ongoing basis. It will also be used to promote the awareness of cardiovascular disease.Creighton University will not disclose your identity when using My Mental Health Risk data to promote awareness.

Indemnity by You

You agree to defend, indemnify and hold harmless Creighton University and its trustees, officers, employees, agents, successors and assigns from and against any and all claims, actions, demands, causes of action and other proceedings, including legal fees and costs, arising out of or relating to: (i) your breach of these Terms; (ii) your access to or use of the Services; (iii) your provision of data; (iv) your violation of any foreign or domestic, federal or state law or regulation; and (v) your violation or alleged violation of any third party’s copyrights, trademarks, intellectual property rights or other proprietary rights.

Governing Law

You agree that these Terms and Conditions are governed by Nebraska law. You agree that any disputes arising under these Terms and Conditions or related to your use of the Service shall be treated as if all Services were provided in Omaha, Nebraska and be governed by and construed in accordance with Nebraska law without regard to its conflict of law principles. Any cause of action by you arising out of or related to the Service mustbe instituted within one year after the cause of action arose or be forever waived and barred.

If you have any questions about these Terms and Conditions, please contact us via email at cphhe@creighton.edu or via telephone on Monday through Friday 9:00AM – 4:30PM at (402) 280-2332.

YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS AND THE INSTALLATION AND USE OF THIS SERVICE CONSTITUTE YOUR AGREEMENTTO THE TERMS AND CONDITIONS.