Terms of Use
COVID-19 Symptom Tracker
Welcome to the COVID-19 Symptom Tracker website and mobile applications at Nebraska Medicine. Nebraska Medicine (“Nebraska Med”, “we” or “us”) offers this COVID-19 Symptom Tracker tool for your personal use through a website, mobile application, and all related services (“Application”), subject to your compliance with the terms, conditions, and notices set forth below. Nebraska Med reserves the right to limit or terminate your use of the Application if you fail to abide by the Terms and Conditions. Please take the time to review them carefully.
Acceptance of Terms and Conditions
By accessing, using, or viewing this Application, you agree to be bound by these terms and conditions of use (“Terms and Conditions”). Nebraska Med may revise these Terms and Conditions at any time by updating this posting. If you access, use, or view this Application after such revisions have been made, you will be bound by the revised Terms and Conditions. If you do not agree to these Terms and Conditions, please exit this Application promptly.
User Responsibility
You agree that Nebraska Med offers the Application as a convenience to you. Your information on the Application is protected by your user identification and password. You are responsible for the safety of your login information. If you allow others to access your account, you are responsible for such usage including compliance with these Terms and Conditions. You may not assign your rights and obligations under these Terms and Conditions without the prior written consent of Nebraska Med, and any attempted assignment not in compliance shall be void.
Your Health
This Application does not provide, and is not a substitute for, medical advice, diagnosis, or treatment; it is provided for your personal use and general informational purposes only. In emergency or urgent situations, you should not use the Application, but instead should dial 911, contact your medical provider directly, or go to the nearest emergency room. NEVER USE THE APPLICATION FOR URGENT OR EMERGENCY MATTERS.
Your Health Information
By agreeing to these Terms and Conditions you grant Nebraska Med the right to use your personal health information provided by you via the Application for the purpose of tracking your symptoms.
Please note, your physician may or may not be able to see your participation in the Application.
Your Privacy
Nebraska Med considers your privacy to be of vital importance. This Application is also subject to Nebraska Med’s Privacy Policy located on Nebraska Med’s website. The paragraph below further explains our use of cookies and the usage data collected by our web server while using the Application.
Upon accessing the Application, our backend server may collect and store in a cookie the following usage data: (1) the domain name from which you access the Internet; (2) the date and time you access the Application; (3) the pages or screens you visit; (4) the address of any website from which you linked directly to us; (5) the name and release number of your web browser software; (6) the version of the Application you are using; and (7) the IP (Internet Protocol) address of the client device you are using. This information may be used by Nebraska Med for evaluation, quality control, and other reasons deemed appropriate by Nebraska Med. Your continued use of the Application will be taken as consent to the collection, use and disclosure of the usage data described above.
Click here to view more about Nebraska Medicine's Privacy Policy
Email Communications
Based on the information you input (or fail to input) into the Application, Nebraska Med may send you emails offering assistance, reminders, or additional information. You can unsubscribe from our email by clicking on the “unsubscribe” link at the bottom of the email.
Enrollment
Your enrollment in the Application is contingent on verification of your identity.
Passwords
The security of your personal health information contained in the Application is dependent upon selecting a secure password. It is your responsibility to create a secure password. It is extremely important that you keep your access code, username and password confidential, as anyone who knows them could gain access to your confidential medical information. It is your responsibility to safeguard your username and password, and to notify Nebraska Med immediately and change your password if you believe the security of your information has been compromised. In addition, in order to maintain the security of the Application, you may be forced to change your password at any time, without prior notice, upon login and before you are allowed access to your account. If Nebraska Med discovers that you have inappropriately shared your password with another person, or otherwise misused or abused your privileges to access the Application, Nebraska Med may discontinue your access to the Application without prior notice.
Medical Record
Please note that, if you are a patient of Nebraska Med, the information you input into the Application may become part of your designated medical record set.
Security
Please note that while Nebraska Med takes measures to safeguard your security, we cannot guarantee absolute security of the system against inadvertent disclosure or intentional intrusion.
Accuracy and Integrity of Information
You hereby represent and warrant that the information you submit to the Application is accurate, true, current, and complete. Nebraska Medicine does not perform any independent validation of the information you input into the Application and cannot guarantee the accuracy of such information. As such, the Application, and Nebraska Med, rely solely on the information provided by you.
Application Availability
Although Nebraska Med works to communicate when the Application will be unavailable due to maintenance or other system outages, providing such advance notice may not be possible at all times, and Nebraska Med cannot guarantee that you will be able to access the Application at any particular time.
License and Restrictions
Nebraska Med grants you a limited, revocable, nontransferable, and nonexclusive license to access and make personal use of the Application in accordance with these Terms and Conditions. You may not, in whole or in part use, reproduce, or copy the Application or modify any content or any proprietary notices from materials downloaded or printed out from the Application. Furthermore, this limited, revocable license does not include any rights not expressly provided in these Terms and Conditions. Restricted usage includes: any use of the content of this Application for the benefit of a third party or for personal financial benefit; any derivative use of this Application or its contents; any transmission or provision of any content from the Application to a third party; any incorporation of data or other content from the Application in a product designed, developed, marketed, sold or licensed by you or on your behalf; any use of data-mining, robots, or similar data gathering and extraction tools; or any use of the Application in a manner contrary to any applicable law. This Application (or any portion thereof) and all of the content is the property of Nebraska Med, its licensees, or its content providers, protected by United States and international copyright and other laws, and cannot be reproduced, duplicated, copied, published, sold, visited, or otherwise exploited for any commercial purpose without express written consent from Nebraska Med. You may not use any Nebraska Med logo, graphic or trademark without express written permission from Nebraska Med. Any unauthorized use automatically terminates the licenses and permissions granted above by Nebraska Med. Nebraska Med and its affiliates reserve the right to block access, refuse services, or remove or edit content in connection with this Application.
Warranties and Disclosures
You assume risk for any and all use of the Application. FURTHER, THE APPLICATION IS PROVIDED BY NEBRASKA MED ON AN “AS IS” AND “AS AVAILABLE” BASIS; AS SUCH NEBRASKA MED ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN, OR RELIANCE UPON, THE INFORMATION IN OR THE AVAILABILITY OF THIS APPLICATION. NEBRASKA MED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: ACCURACY, COMPLETENESS, OR AVAILABILITY OF CONTENT, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, TO THE FULLEST EXTENT OF THE LAW. NEBRASKA MED DOES NOT WARRANT THAT THE APPLICATION, ITS SERVERS, OR EMAILS SENT TO YOU AS A RESULT OF YOUR USE OF THE APPLICATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
Limitations of Liability; Indemnity
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEBRASKA MED AND ITS DIRECTORS, OFFICERS, EMPLOYEES, TRUSTEES, AGENTS AND AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OR INJURY, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE DAMAGES, PERSONAL INJURY, MENTAL ANGUISH, EMOTIONAL DISTRESS, OR WRONGFUL DEATH THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS APPLICATION OR THE MATERIALS PROVIDED WITHIN THIS APPLICATION, OR THE SERVICES RECEIVED FROM THIS APPLICATION. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES RESULTING FROM ACTIONS TAKEN BY YOU OR OTHERS IN RELIANCE ON INFORMATION CONTAINED IN THIS APPLICATION, MISDIRECTION OR INTERCEPTION OF INFORMATION, INTENTIONAL OR UNINTENTIONAL BREACHES, AND ACCESS BY THOSE YOU PROVIDE YOUR USERNAME AND PASSWORD TO. YOU AGREE THAT NEBRASKA MED SHALL NOT BE LIABLE FOR ANY DAMAGES UNDER ANY INDEMNITY OR ANY THEORY, INCLUDING, WITHOUT LIMITATION, LIABILITY ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, PATENT, OR COPYRIGHT INFRINGEMENT.
NEBRASKA MED TAKES NO RESPONSIBILITY FOR, AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM, ANY INACCURACIES OR DEFECTS IN SOFTWARE, COMMUNICATION LINES, VIRTUAL PRIVATE NETWORK, THE INTERNET, OR YOUR INTERNET SERVICE PROVIDER (ISP), ACCESS SYSTEM, COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS THE APPLICATION. In consideration for Nebraska Med permitting you to use the Application you expressly release and hold harmless Nebraska Med, its trustees, officers, directors, employees, agents, and affiliates from any and all claims, liabilities, demands, causes of action, costs, expenses, and damages of every kind and nature, in law or equity, or otherwise, arising out of or in any way related to your use of the Application, whether arising from negligence or any other acts or omissions by Nebraska Med. In addition, you will indemnify and hold harmless Nebraska Med, its trustees, officers, directors, agents, affiliates, and employees, against all actual and direct losses, liabilities, damages, claims, costs or expenses (including reasonable attorney’s fees) they may suffer as the result of third-party claims, demands, actions, investigations, settlements or judgments against them arising from or in connection with any breach of these Terms and Conditions, or from any breaches of confidentiality or negligence or wrongful acts or omissions, by you or your dependents, or agents. The provisions of this section entitled “Limitations of Liability; Indemnity” shall survive termination of these Terms and Conditions.
Applicable Laws; Venue
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Nebraska, without regard to conflicts of law principles. You agree that any dispute, controversy or claim arising out of or related to these Terms and Conditions or your use of the Application will be exclusively resolved in the courts of the state of Nebraska. The prevailing party shall be entitled to costs and reasonable attorney’s fees.
Representations of User
You hereby represent and warrant that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this agreement and to use the Application in accordance with these Terms and Conditions. It is unlawful to misrepresent yourself in an attempt to gain access to someone else’s personal health data and unauthorized activities may be subject to prosecution. Your access to and use of the Application are subject to all applicable federal, state, local and international laws and regulations. All patient information viewed through the Application is strictly confidential and is subject to the protections of applicable state and federal law.
Ineligibility for Non-Compliance
Nebraska Med may deem you ineligible for the completion certificate offered through the Application if you fail to input the required information into the Application for three (3) consecutive days or more.
Termination of Access
Abuse of the Application may cause revocation of your access to the Application without prior notice. Nebraska Med may terminate your access to the Application at any time, without notice, and with or without cause.
Notice
Nebraska Medicine may send you notices by email in connection with the Application or these Terms and Conditions. Any notice by you to Nebraska Med should be by email at reply@nebraskamed.com.
General
These Terms and Conditions constitute the entire agreement between you and Nebraska Med and govern your use of the Application. These Terms and Conditions supersede any prior agreements between you and Nebraska Med relating to the access and/or use of the Application. No modification or attempted modification of these Terms and Conditions by you shall be binding on Nebraska Med unless made in writing and physically signed by an authorized representative of Nebraska Med. A waiver of any breach of any provision of these Terms and Conditions shall not be deemed to be a waiver of any repetition of such breach or in any manner affect any other terms or conditions of these Terms and Conditions. The failure of Nebraska Med to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found 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 and Conditions remain in full force and effect. The use of this Application is unauthorized in any jurisdiction that does not give effect to the Terms and Conditions contained herein.
All rights not expressly granted herein are hereby reserved.