Effective Date: 11/01/14
Revised Date: 10/08/15

 

Overview
MoodTrek provides a repository for health related information that is maintained by us, provides you with a health and wellness management solution and also allows us to communicate securely with you.  

MoodTrek is governed by these Terms of Use (Terms). If you do not agree to these Terms, you may not establish a MoodTrek account. By using or accessing MoodTrek you agree to be bound by these Terms.
Creating and Accessing MoodTrek

You must be at least 13 years old to establish a connection to MoodTrek.

You may not permit any other person to access MoodTrek using your user name and password, and the use of your account is your responsibility. If you learn or suspect that your user name or password has been wrongfully used or disclosed, you should promptly notify us and immediately reset your password.  To help ensure the security of your password or account, please sign out of your account at the end of each session.
Maintaining Another Person’s Connection

If you are legally authorized to view another person’s health and wellness information, you may be given access to MoodTrek for that person, subject to these Terms. Various federal and state regulations may prohibit sharing certain categories of sensitive information with anyone other than the subject person. Many such regulations prohibit sharing sensitive information about minors with their parents or legal guardians. As such, we may restrict your access to the other person’s sensitive information and not make it available to you through MoodTrek.
Proxy Use of MoodTrek

You may also authorize a proxy(ies) to view and interact with MoodTrek based on the specific privileges you’ve assigned. You may authorize any person who qualifies for a MoodTrek account, including a minor, to be a proxy.  If you have agreed to allow a minor to be a proxy, you agree that you shall be solely responsible for: (a) acceptance of these Terms on the minor’s behalf, (b) the minor’s compliance with these Terms, (c) the on-line conduct of such minor; (d) monitoring such minor’s access to and use of MoodTrek; and (e) the consequences of such minor’s use. Access or privileges you give to someone can be modified or removed by you at any time, for any reason.
If you share information from MoodTrek with another individual, you acknowledge and accept responsibility for your decision to provide them access to potentially sensitive information.

 

Disclosure of Information

We may, in our sole and reasonable discretion, disclose any information necessary to satisfy applicable law, regulation, legal process or governmental request.

Rights to De-identified Information

By using MoodTrek, you consent to us using “de-identified” data available in your MoodTrek account for any purpose permitted by law, including, without limitation, (i) analysis and incorporation of the de-identified data in research, databases, reports, comparative data sets, scores, or scoring systems generated there from; and (ii) creation and distribution of works and derivative works based on the de-identified data.

Privacy
You agree to the terms and conditions of the  MoodTrek Privacy Policy which is incorporated into and made part of these Terms.

 

Third Party Programs, Activities and Services

We may make certain programs, activities or services (collectively, “Programs”) available to you through the MoodTrek. If such Programs are offered by us, we will provide you with any terms and conditions related to the Program prior to your enrollment in it. The terms and conditions of such Programs shall prevail in the event of a conflict with these Terms. We do not endorse any Programs offered by third parties. We make no warranty of any kind as to the accuracy, completeness or appropriateness of any such Programs.

Content

You may have access to certain healthcare informational resources (the “Content”) on MoodTrek. The Content is provided to you “as is” with no representations or warranties. The Content is intended for use by consumers in the United States only.

Connections

Certain health care providers with whom you have connections may offer medical consultation based on data you provide through MoodTrek. If you initiate or accept a Connection with a participating provider, you represent that you meet all applicable criteria for such interaction, as defined during the Connections process. Information you provide to your health care provider during via MoodTrek must be true, accurate and complete. We will not be responsible for any false or misleading information you provide, or other misrepresentations you make, via MoodTrek.

 

Condition Management and Wellness Programs

You may be able to participate in certain condition management and wellness programs offered by us that are delivered to you through MoodTrek. MoodTrek has certain tools that use information contained in your MoodTrek account to tailor the delivery of a condition management program or wellness program to you. You consent to sharing the information from your record with these tools. Personally identifiable information from your record that is used to create your personalized program will not be shared with the program’s sponsor, unless you have otherwise agreed. However, we may share information that is specifically related to and provided as a result of your participation in the condition management or wellness program(s) with the program’s sponsor, but only as allowed by applicable law.

No Medical Advice

MoodTrek is an information management tool only. We do not provide medical advice nor should this tool be used in the event of an emergency. You and your healthcare provider are responsible for all medical treatment decisions. You should consult your healthcare professional about any questions you may have regarding the information provided by MoodTrek. By using this tool you agree that this application is not meant nor can function as a direct communication mechanism to your provider in an emergency situation or otherwise.  In the event you experience a medical emergency, including feelings of suicide, call your local emergency service providers or the National Suicide Prevention Hotline.

External Links

MoodTrek may provide you with links to various third party Web sites. Even if a third-party affiliation exists between us and that destination site, we exercise no authority over linked sites, each of which maintains independent privacy and data collection policies and procedures. We assume no responsibility or liability for these independent methods or actions and are not responsible for the independent policies or procedures of destination sites. Similarly, we cannot take responsibility for the privacy initiatives or the content of such Web sites. These destination links are provided only for your convenience, and as such, you access them at your own risk.

 

No Warranties; Limitation of Liability

You are responsible for any acts or omissions relating to your use of MoodTrek and for any damages incurred as a result thereof.  YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NOT REPRESENTED MOODTREK AS HAVING THE ABILITY TO DIAGNOSE DISEASE, PRESCRIBE TREATMENT, OR PERFORM ANY OTHER TASKS THAT CONSTITUTE THE PRACTICE OF MEDICINE OR OF OTHER PROFESSIONAL OR ACADEMIC DISCIPLINES. MoodTrek IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND.  we do not, and our suppliers do not, (i) warrant the reliability or availability of MoodTrek, or (ii) guarantee that MoodTrek will be error-free or uninterrupted or that defects will be corrected.  we and our suppliers each disclaim, to the extent permitted by law, ALL WARRANTIES, EXPRESS AND IMPLIED.

to the fullest extent permitted by law, we disClaim on behalf of us and our suppliers, all responsibility for ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, and PUNITIVE DAMAGES, and LOST PROFITS, REVENUES OR DATA.

IF YOU ARE DISSATISFIED WITH MoodTrek, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING MoodTrek.
Indemnification
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD us and our suppliers HARMLESS FROM AND AGAINST ALL CLAIMS, DAMAGES, AND EXPENSES ARISING OUT OF OR RELATED TO YOUR USE OF MoodTrek.

Termination
MoodTrek services may terminate at any time. Your account access may be terminated, suspended or deleted, at any time and for any reason, without providing notice to you.
No Unlawful or Prohibited Use

You may not use MoodTrek for any purpose that is unlawful, immoral or is otherwise prohibited by these Terms. You may not use MoodTrek in any manner which could damage, disable, overburden, or impair MoodTrek or interfere with any other party’s use and enjoyment of MoodTrek. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided to you through MoodTrek.

 

Notices
We may deliver notice to you by means of electronic mail or a general notice on our website. You may give notice to us at any time by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:
Cerner Corporation
2800 Rockcreek Parkway
North Kansas City, MO 64117

Attn: MoodTrek Administrator

 

General
These terms are governed by the laws of the state of Missouri. Any cause of action or claim you may have with respect to MoodTrek must be commenced within one (1) year after the claim or cause of action arises. Our failure to enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. We may assign our rights and duties to any party at any time without notice to you, and may provide services to you though our business partners and suppliers.

Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of MoodTrek or information provided to or gathered by us with respect to such use. If any part of these Terms is determined to be invalid or unenforceable then the invalid or unenforceable provision shall be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. Unless specified otherwise as you use MoodTrek, these Terms constitute our entire agreement with respect to MoodTrek and these Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between us with respect to MoodTrek.
Modification of Terms

These Terms may be revised from time to time in our discretion, and you are responsible for regularly reviewing them.  We will take reasonable steps to notify you of material changes.  We display an effective date on these Terms so that it will be easier for you to know when there has been a change. Your continued use of MoodTrek constitutes your acceptance of the revised Terms.

 

Copyright and Trademark Notices

All contents of the MoodTrek website is: Copyright 2014, Cerner Corporation, 2800 Rockcreek Parkway, North Kansas City, Missouri 64117, U.S.A. All rights reserved. Material found on the MoodTrek website contains the valuable properties of Cerner Corporation embodying substantial creative efforts, no part of which may be reproduced or transmitted in any form or by any means, or retained in any storage or retrieval system, without the express written permission of Cerner Corporation.  Any rights not expressly granted herein are reserved.