Policies

PRIVACY POLICY

At McMillen Health and at www.mcmillenhealth.org, we strongly believe in an individual’s right to privacy.

In the event any personal information is collected, McMillen Health will not sell, rent, lease, loan or provide personal information in any way to a third-party.

PRIVACY STATEMENT

McMillen Health (“McMillen Health”) is committed to protecting the privacy of all individuals who utilize the www.mcmillenhealth.org website (the “Web Site”) and the Healthy Tomorrow mobile application (the “Mobile App,” together with the Web Site, the “Services”). Please read the following statement to understand how we collect, use and safeguard the information you, as an individual consumer (as opposed to a provider, employer or others) may provide to us via the Services. This statement may be revised from time to time, so please revisit this page often to remain fully informed of our policies. 

By using the Services, you acknowledge that you have read and understand the practices contained herein. By using any of our Services, whether by visiting the Web Site, downloading or using the Mobile App, and/or voluntarily providing your personally identifiable information to us, you acknowledge that we collect and use your information as set forth in this Privacy Statement. 

APPLICABILITY OF THIS PRIVACY STATEMENT 

This Privacy Statement is subject to the terms of the Web Site Terms of Use. This Privacy Statement applies only to information submitted and/or collected online through the Services, and does not apply to information that we may collect offline or other than through the Services (including through any McMillen Health social media websites or channels). In addition, this Privacy Statement is applicable regardless of the device used to access the Services (e.g., personal computer, mobile device, consumer electronics device, or any other technology or software known today or developed in the future) and to all users of Services. 

This Privacy Statement does not apply to information about you collected by any third parties, including McMillen Health or by any other third party services, applications, or websites or advertisements associated with, linked to or otherwise accessible from the Services. The information collected or received by such third parties, including McMillen Health, is subject to their own privacy policies, statements, and practices and under no circumstances is McMillen Health responsible or liable for any third party’s compliance therewith. 

WHAT INFORMATION DOES MCMILLEN HEALTH COLLECT FROM YOU? 

We collect a variety of personal information from and about you through the Services, including both directly from you and automatically as a result of your use of and access to the Services. 

You have choices about the information we collect. When you are asked to provide information, you may decline; but if you choose not to provide information that is necessary to provide a service or feature, you may not be able to use that service or feature. For example, registering for an account is optional and requires you to provide additional information, including your email address, your mobile phone number, your ZIP code, and your name. In addition, as noted below in the section captioned “Cookies and Web Tracking,” it is possible to change your browser setup to block the automatic collection of certain information. 

Information Collected Automatically – We use commonly-used automated information gathering tools on the Services. When you browse the Web Site and/or download and use the Mobile App, we collect information about your computer or mobile device and the network you use to access the Services, as well as information about your use of the Services. This includes software and hardware attributes of the device, unique device ID information, regional and language settings, performance data about the Services, network provider, and IP address (a number assigned to your computer when you use the Internet). In addition, information may also be collected passively in the form of log files that record website activity. For example, log file entries are generated every time a user visits a particular page or clicks an image on our website, and collects information on how many “hits” a particular web page is getting (a.k.a. “click-through data”), the dates and times that you use the Services, the pages you visit, the amount of time spent on specific pages, and other similar usage information, and general data (including the name of the web page from which you entered our Web Site). See also the section below captioned “Cookies and Web Tracking.” 

Account Registration –If you choose to become a registered user of the Services, we request that you provide us your first name, last name, ZIP code, and email address. 

Mobile App – Individuals who download or use the Mobile App should note that the Mobile App permits the collection, communication, and storage of information in ways not typically available through web-based applications. 

• Location Services – If you permit the Mobile App to use location services (including global positioning system or “GPS”), depending on the settings on your mobile device, we may collect the precise or general location information provided by your device. If you want to deactivate this feature, you can deactivate location services and GPS functionality on your mobile device or remove the permission for the Mobile App to access location services. Please refer to your device manufacturer or operating system instructions for instructions on how to do this.

• Additional Requests for Information and Access – When you download and/or use the Mobile App, we will ask for permission to access and/or to provide to you additional information or functionality, including the right to provide certain contact information directly to your Contacts folder, to provide “push” notifications, and to obtain access to photos if you wish to use photos to identify enrollees on your account.

• Local Storage – The Mobile App may store certain information locally on your device depending on how you use it. If you use the “Remember Me” feature to assist you with logging into your account, your username will be stored locally. Users also have the option to save their user ID to the Mobile App for easy access. You are responsible for securing your devices and any information, including personal information and/or individually identifiable health information (if any), stored on or accessible from the device, as well as any backup copies of such information that may be created by you or your device’s settings or applications. Locally-stored information is typically deleted if you uninstall the Mobile App or clear the Mobile App’s application data through your device’s settings, although it may be stored in device backups even after uninstallation or deletion of the Mobile App or its application data.

Cookies, Web, and Web Usage Tracking - In order to personalize and enhance your experience on the Services, we may also automatically collect information through “cookies.” Cookies are small strings of text that are sent by the Services to your browser and then stored by your browser on your computer’s hard drive or other device. We also use cookies to help diagnose problems with our servers, to administer the Services, to gather information about the how the Services are used (including information gathered anonymously from users’ clicks, taps, mouse movements, keystrokes and scrolling behavior), and to gather broad demographic information. See the information described below in the section captioned “How Is Your Information Used? – Sharing Information – Analytics.” Where a code in the cookie file enables the Services to label you as a particular user, including identifying you by name or other personal information, such cookie files are encrypted in order to protect your information. Most web browsers automatically accept cookies, but it is possible to change your browser setup so that it does not accept cookies. However, rejecting cookies may prevent you from taking advantage of certain portions, functionality or features of the Services. 

Do Not Track - We do not engage in the collection of personal information about your online activities over time and across third party websites or online services. Accordingly, we do not currently process or comply with any web browser’s “do not track” (DNT) signal or other mechanisms that provide consumers with the ability to exercise choice regarding the collection of personal information about your online activities over time and across third party websites. 

Finally, we may collect data that is not considered “personal information.” To the extent such data is stored or associated with personal information, it will be treated as personal information; otherwise, such data may be used or distributed at our discretion. 

HOW IS YOUR INFORMATION USED? 

Our Use of Information. We collect, retain, and use personal information with your consent; as required or permitted by law; for legitimate business purposes; to perform functions or activities on behalf of, or provide services to McMillen Health and affiliates; and/or as necessary to complete any transaction or provide you with information or services you have requested or authorized. These uses include, without limitation: to provide you with information regarding McMillen Health, and affiliates and/or our/their products and services; Providers in your geographic area; to provide the functionality of or obtainable through the Services; to respond to an inquiry from you or address a request submitted by you (including contacting you directly to request additional information to process your inquiry or request); to obtain your feedback on your App experience; to provide certain contact information directly to your Contacts folder; to provide “push” notifications; to access photos so that you may identify enrollees on your account; for McMillen Health’s proper management and administration or to fulfill our legal responsibilities; to perform data aggregation services in order to provide analysis relevant to the operations of McMillen Health; to create de-identified data; to operate and improve our services (including benefits offerings and services provided by McMillen Health); to operate or improve the Services; to monitor visitor traffic patterns and usage of the Services in order to assess overall Services activity, track interest in particular portions of the Services, and troubleshoot technical concerns; to gather and analyze data for our internal studies so we can constantly improve the Services; to comply with applicable laws, regulations and rules, and requests of relevant law enforcement and/or other governmental agencies; to enforce our Terms of Use; and/or to protect the rights, property, or safety of McMillen Health, our users, and others. 

Note that our use, sharing, and processing of individually identifiable health information is described below in the “Individually Identifiable Health Information” section. 

Text and Unencrypted Email Messages.  With your consent, we may send text and/or unencrypted email messages containing notifications, reminders, tips and links to surveys at the phone number and/or email address you have provided. Messages sent by text and/or unencrypted email may include individually identifiable information. Because these messages are not encrypted, there is some risk that the messages could be read by someone other than you. You are not required to provide this consent. To stop receiving text messages, text “STOP” and for help, text “HELP”. Message and data rates may apply. 

Sharing Information. We do not sell or rent your personal information to third parties for their marketing use. However, some of the above uses involve sharing collected personal information with third parties, including service providers, business associates, affiliates, and McMillen Health. We share personal information with your consent; as required or permitted by law; for legitimate business purposes; as necessary to complete any transaction or provide you with information or services you have requested or authorized; to obtain your feedback on your App experience; to perform functions or activities on behalf of, or provide services to, McMillen Health; for our proper management and administration or to fulfill our legal responsibilities; to perform data aggregation services in order to provide analysis relevant to the operations of McMillen Health; and/or to create de-identified data; in each case as provided in this Privacy Statement.  

Google Maps - We make use of Google Maps services for geolocation, map, autocomplete and driving direction functions.  When you access this functionality from the Services, you do so through Google Maps services where certain information is collected directly by Google. Use of the Google Maps functionality is governed by Google’s own Privacy Policy located at https://www.google.com/policies/privacy/. 

• Analytics – We use and share information with third party analytics service providers, such as Google Analytics, in order to provide us and/or third parties who work for or are affiliated with us with information about the use of the Services and third party websites or applications, and to better understand how the Services are used. Such information will not include your name, address, Member ID, or similar information. Also, we may share in aggregate, statistical form, non-personal information regarding the visitors to the Web Site, traffic patterns, and Services usage with our partners, affiliates, or advertisers. In addition, we will disclose information we maintain, including personal information: (i) when permitted or required to do so by law, or may disclose such information in response to a request from a law enforcement agency or authority or any regulatory authority; (ii) to protect the integrity of the Services or the interests, rights, property, or safety of McMillen Health and its affiliates, our users, and others; or (iii) to enforce our Terms of Use.

RETENTION OF COLLECTED INFORMATION

We retain personal information collected through the Services for a reasonable period of time consistent with the purpose for the collection (e.g., to provide the services you request), or for other essential purposes including compliance with applicable laws, dispute resolution, and business operations. These retention periods can vary significantly depending on the type of information collected and the context. 

MODIFICATIONS AND CORRECTIONS TO COLLECTED INFORMATION

We strive to maintain the accuracy of any personal information that may be collected from you, and will use our commercially reasonable efforts to respond promptly to update our database when you tell us the information in our database is not accurate. It is your responsibility to ensure that such information is accurate, complete and up to date. You may obtain from us, by email, the information in our records, although we may request certain reasonable additional information to help us authenticate such requests. 

If you wish to make any changes to personal information you have provided to us through the Services, you may do so at any time by contacting McMillen Health. Certain personal information may also be changed by logging into your account via the Services and updating such information. 

COMMUNICATIONS OPT OUT 

You may opt out of receiving materials or other communications from us by following the opt-out link or other unsubscribe instructions provided in any email or text message received, or by contacting us as provided at the end of this Privacy Statement. You may also be able to customize the communications you receive from us through preferences in your user account if you have registered for such an account, such as by activating or deactivating push notifications through your mobile device’s settings. If you do business with us, you may not opt out of automated notifications based on business transactions (e.g., e-commerce). 

CHILDREN

In compliance with the Children’s Online Privacy Protection Act, 15 U.S.C. §§ 6501-06 and 16 C.F.R. §§ 312.1-312.12, we do not permit children under 13 years of age to become registered users of the Services, and we do not knowingly collect information from children. By using the Services, you represent that you are 13 years of age or older. 

THIRD-PARTY WEBSITES 

McMillen Health may reference or provide links to third party websites and services, and we are not responsible for and do not control the content, security, or privacy practices employed by such third-party services. This Privacy Statement does not apply to any such third-party services; please refer to the privacy statements or policies for such third-party services for information about how they collect, use, and process personal information. 

PROTECTING YOUR PERSONAL INFORMATION 

Because security is important to both McMillen Health and you, we employ reasonable safeguards designed to promote the security of our systems and protect your personal information from unauthorized destruction, use, modification, or disclosure. Personal information is protected using various physical, administrative and/or technical safeguards in transit and at rest. 

However, it is important to note that no method of safeguarding information is 100% secure. While we try to ensure the protection of your personal information, we cannot guarantee that our safeguards will be effective or sufficient. In addition, you should be aware that Internet data transmission is not always secure and we cannot warrant that information you transmit utilizing the Services is secure. The email functionality provided by the Services is not a completely secure and confidential means of communication. It is possible that your email communication may be accessed or viewed by another internet user while in transit to us. If you wish to keep your communication private, do not use such email functionality. In such case, please contact McMillen Health by phone. 

BUSINESS TRANSFER

McMillen Health may, in the future, sell or otherwise transfer some or all of its assets to a third party. Your personal information we obtain from you via the Services may be disclosed to any potential or actual third party purchasers of such assets and/or may be among those assets transferred. 

YOUR CALIFORNIA PRIVACY RIGHTS 

California Civil Code Section 1798.83, known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Under Section 1798.83, we currently do not share any personal information with third parties for their direct marketing purposes. 

EFFECTIVENESS AND CHANGES TO OUR PRIVACY STATEMENT 

This Privacy Statement is effective as of September 28, 2021. We reserve the right, at any time, to modify, alter, or update this statement, and any such modifications, alterations, or updates will be effective upon posting. In the event we modify this Privacy Statement, your continued use of the Services will signify your acceptance of the modified Privacy Statement. 

QUESTIONS? 

Questions regarding this Privacy Statement should be directed to: 

McMillen Health
600 Jim Kelley Blvd. 
Fort Wayne, IN 46816
(888) 240-7268 

TERMS OF USE AND MEDICAL DISCLAIMER

The use of the McMillen Health (“McMillen Health”) web site (the “Web Site“) and the Healthy Tomorrow mobile application (the “Mobile App,” collectively with the Web Site, the “Services”) is subject to the terms and conditions stated herein (“Terms of Use”). By your use of the Services you agree to the Terms of Use. Your breach of these Terms of Use may jeopardize your continued use of the Services. 

The services should not be used in any urgent or emergency situations. If you think you may have a medical emergency or may need urgent medical attention, call your doctor or 911 immediately.  

LICENSE AND RESTRICTIONS 

You are hereby granted a personal, non-exclusive, revocable, non-transferrable license to use the Services and view the content, materials, and information available on the Services for your personal and non-commercial purposes. In connection with this license, you may download one copy of the materials on the Services; provided that you do not modify or alter the materials in any way, nor delete or change any copyright or trademark notice. Neither title nor intellectual property rights are transferred to you, but remain with McMillen Health (or its licensors), who is (are) the exclusive owner(s) of all rights, title and interest therein. Except as otherwise expressly provided, all rights are reserved to McMillen Health. 

You will not copy, reproduce, modify, use, republish, upload, post, transmit, sell, resell, license, otherwise distribute or commercially exploit in any way, decompile, reverse engineer, disassemble, otherwise attempt to derive source code from, or modify or create derivative works based on, the Services or any software or materials obtained from or through the Services. You may not rent, lease, lend, redistribute, sublicense or transfer the Services. You acknowledge that the terms of this Section are reasonable and necessary and you agree that actual or threatened breach by you of said terms will entitle McMillen Health to immediate injunctive and other equitable relief without bond and without the necessity of showing actual monetary damages. McMillen Health reserves the right to terminate your access to the Services for any violation of these Terms of Use in McMillen Health’s sole discretion. 

You will not use the Services for any unlawful or abusive purposes, including but not limited to the violation of any McMillen Health or third-party intellectual property rights, and the posting or distribution of any “harmful” or “malicious” code or programming devices (e.g., viruses, corrupted files, key locks, back doors, trap doors, timers or other disabling devices) or any other similar software or programs that may adversely affect the operation of the Services or any other software or hardware. 

You certify that you are either 18 years old or older, or, if you are between the ages of 13 and 17, you have obtained the consent of your parents or legal guardian, and are able and competent to give McMillen Health rights as detailed in these Terms of Use, and to comply with these Terms of Use. The Services are not intended for children under the age of 13, and children under the age of 13 are not permitted to use the Services. 

Finally, do not use the services while operating a motorized vehicle or walking. Such use may distract you, may create a hazard for your or others and is illegal in many areas.  

YOUR ACCOUNT ID AND PASSWORD 

You are responsible for maintaining the confidentiality of your account ID and password and for restricting access to your computer or other device. You are responsible for all activities that occur as a result of the use of your account ID or password, whether or not such activity is authorized by you. This includes, without limitation, maintaining the confidentiality of all data accessed thereby. In addition, you must immediately notify McMillen Health at the address provided below in the event you discover or suspect any unauthorized use of your account ID or password. 

You agree not to access or attempt to access any password-protected portions of the Services without an authorized account ID and password or through any means other than by utilizing your authorized account ID or password on the appropriate web page or web tools. McMillen Health reserves the right to refuse service, terminate accounts, and/or prohibit access to the Services, in whole or in part, for any or no reason, at any time in its sole discretion, without notice to you. 

MCMILLEN HEALTH DOES NOT PROVIDE MEDICAL ADVICE 

McMillen Health does not offer dental or other medical advice. The content, information and materials provided by McMillen Health through the Services cannot, and is not intended to, replace the relationship that you have with your health care providers; are for general informational purposes only; and shall not be construed, directly or indirectly, as the practice of medicine or dentistry or the dispensing of any medical or dental advice. You should always talk to your health care providers for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for you. Further, any such content or information is not intended to be instructional for medical or dental diagnosis or treatment or to cover, as applicable, all possible uses, directions, precautions, drug interactions, or adverse effects, and none of the information on the Services represents or warrants that any particular drug or treatment is safe, appropriate or effective for you. Health information changes quickly. Therefore, it is always best to confirm information with your health care providers. 

In particular, and without limiting the generality of the foregoing, the Healthy Tomorrow® App is an educational tool only. It does not provide dental or medical advice, diagnosis or treatment. Please see your dentist, other oral health professional, or doctor without delay if you have any dental or medical questions or concerns. You are responsible for verifying the accuracy, reliability, and completeness of any content and information included in the App with your healthcare provider and you should not rely on such content or information as a substitute for medical or dental diagnosis or treatment. 

Please consult your doctor, dentist, or other qualified health provider if you have any questions about a medical or dental condition, or before taking any drug, changing your diet, or starting or stopping any course of treatment. You should not disregard medical or dental advice or delay seeking medical or dental advice as a result of any such information or content or any information that does not come directly from your healthcare provider. 

HEALTHCARE PROVIDERS LINKAGE FUNCTION 

The Services permit you to conduct searches of various healthcare providers by participation status and other parameters. The list of, and basic information regarding, such healthcare providers are obtained from providers and such information is not independently substantiated by McMillen Health. Inclusion of healthcare providers in the Services’ database or providing a profile page or other contact information for a healthcare provider on the Services is not intended to imply recommendation or endorsement, nor does omission imply disapproval. 

All information on a healthcare provider’s profile page is the sole and exclusive responsibility of the individual provider. You should confirm with each healthcare provider his or her credentials, participation status, qualifications, and abilities. McMillen Health does not review, verify, endorse, or agree with any such information, and your reliance on such information is at your own risk. In addition, you acknowledge that McMillen Health does not screen, evaluate, perform background checks on, confirm qualifications of, recommend, or endorse any healthcare provider. It is your responsibility to research a provider and determine his or her qualifications. 

PROPRIETARY MATERIALS 

The information contained in the Services has been developed by McMillen Health with information from internal and external sources prepared for the purpose of providing information about prenatal and postnatal care. McMillen Health reserves the right to make changes to the information, data, and materials provided on the Services at any time without notice. 

MCMILLEN HEALTH, the MCMILLEN HEALTH logo and other trademarks, service marks, trade names, logos, and other identifiers used in or in connection with the Services are the proprietary service marks or trademarks of McMillen Health, and are protected in the United States and internationally. No use of any of these marks or identifiers may be made without the prior, written authorization of McMillen Health. All other trademarks and service marks not owned by McMillen Health that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by McMillen Health. 

All content contained on the Services, including but not limited to all works of authorship, design, text, images and data compilations; any improvements or modifications to such content; any derivative works based thereon; and the collection, arrangement and assembly of all such content, are owned, except as otherwise expressly stated herein, by McMillen Health or its licensors. The entire contents of the Services are protected by United States and worldwide copyright and intellectual property laws and treaty provisions. 

Nothing in these Terms of Use shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret or other proprietary right of McMillen Health, affiliates, or any other person. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Services in any way without the prior express written permission of McMillen Health or the respective owner thereof. 

DISCLAIMERS 

The services, the software used or contained therein, and all information, data, products and materials contained, described or referenced therein (collectively, “Materials”) are provided to your on an “as is” and “as available” basis, without representations or warranties of any kind, express or implied, including without limitation (1) any implied warranty of merchantability, fitness for a particular purpose, noninfringement, or title; (2) any warranty regarding the availability, accuracy, reliability, operation, use, or performance of the services; (3) any warranty that defects will be corrected or that the services or the server(s) and connections that make them available will be uninterrupted, secure, or free of errors, viruses or other harmful components; and (4) any implied warranties arise from course of dealing or course of performance. 

In addition, McMillen Health cannot and does not represent, guarantee or warrant that the materials accessible on or via the services are accurate, correct, complete, reliable, or current, and McMillen Health is not responsible for any errors or omissions therein, or any consequences resulting from your reliance on such information.  

McMillen Health will use reasonable commercial efforts to keep the services available for access, subject to scheduled downtime for maintenance purposes, unscheduled maintenance and system outages. There are no assurances that the services will be accessible or available at all times for that access will be uninterrupted.  

LIMITATIONS OF LIABILITY 

To the extent permitted by applicable law, neither McMillen Health, affiliates, nor any of its or their third party providers or licensors will be liable to you or any third part for any direct, indirect, special, incidental, exemplary, punitive, and consequential damages, even if McMillen Health has been previously advised of this possibility of such damages, whether in action under contract, negligence or any other theory, arise out of or in connection with these Terms of Use or the use, inability to use, or performance of the Services, or any materials available on or via the Services, nor McMillen Health, affiliates, or any of its or their Third Party Providers, including Apple Inc. (Provider of the App Store), be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond their reasonable control, including but not limited to acts of God, communications line failure, theft, destruction, or unauthorized access to our records, programs or services. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; as a result, the above limitation or exclusion may not apply to you. If the forgoing provisions of this limitation of liability section are deemed, in whole or in part, to be unenforceable under applicable law, then to the extent permitted by applicable law, in no event shall the total liability of McMillen Health, affiliates, or any of its or their third part providers or licensors, in the aggregate, to you for any and all damages relating to or arising from these terms of use or the user, inability to use, or performance of the Services, or any materials available on or via the Services exceed the amount of fifty dollars ($50.00).  

INDEMNIFICATION 

To the extent permitted by applicable law, you agree to indemnify and hold McMillen Health or its affiliates harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees, disbursements and court costs, including any incurred in enforcement of this indemnification provision) arising from or in connection with (i) your use of the Services, or any content, information, materials or services contained, displayed or available therein; (ii) your violation of these Terms of Use; (iii) any Submission (as defined below) provided by you to McMillen Health; or (iv) your violation of any rights of any third party. 

THIRD-PARTY LINKS 

The Services may provide links or references to third party websites, mobile applications, services, or materials which are not provided, related to, or maintained by McMillen Health. McMillen Health has no responsibility for the content therein, regardless of whether the link is provided by McMillen Health or a third party, and shall not be liable for any damages or injury arising from your access to or use of that content. The display of any link shall not and does not constitute or imply endorsement by McMillen Health or its affiliates of the linked site or any content therein. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any website to which the Services may link, including information on such other website regarding McMillen Health, or its affiliates. 

You may include a link to the Web Site on one or more other websites operated by you; provided such sites link to the home page (www.mcmillenhealth.org) only. Linking to other content within the Web Site is prohibited without McMillen Health’s prior express written consent. This limited license expressly prohibits the framing of McMillen Health content in any way or any other activity that may create a misimpression or confusion among users with respect to sponsorship or affiliation. 

Finally, certain functionality on or linked to the Services is provided by third parties and is subject to separate terms of use, terms and conditions, or privacy policies and practices. We recommend that you review any Terms of Use and, as applicable, Privacy Statements or Privacy Policies associated with such functionality prior to use. 

YOUR PRIVACY 

McMillen Health recognizes that you have an interest in how we collect, retain and use information about you. To understand how we collect, use and safeguard the information you may provide to us via the Services, including individually identifiable health information, please review the McMillen Health Privacy Statement.

SUBMISSIONS 

While McMillen Health appreciates your comments and is happy to answer your questions about our services and our company, we generally do not accept ideas, know-how, inventions or suggestions for products and services (“Submissions”). This is for your protection and for ours, and to avoid misunderstanding about the origin of Submissions between you and McMillen Health. 

Please note that any Submissions, remarks, graphics, or other information provided by you by any means, including through the Services, email, a “Contact Us” form, or otherwise, is and will be non-confidential and non-proprietary, except that any personal information or individually identifiable health information included in any such Submissions will be held and used in accordance with our Privacy Statement. 

ENFORCEMENT OF TERMS AND CONDITIONS 

These Terms of Use are governed and interpreted pursuant to the laws of the State of Indiana, United States of America, notwithstanding any principles of conflicts of law. McMillen Health makes no representation that Materials provided through the Services are applicable or appropriate for use in all locations. If you use the Services from other locations you are responsible for compliance with applicable local laws. 

If you take legal action relating to these Terms of Use or your interactions with or relationship to McMillen Health, you agree to file such action only in the state and federal courts located in Allen County, Indiana. If any part of these Terms of Use is found to be unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions. 

You may not assign or otherwise transfer these Terms of Use or any rights or obligations hereunder. The failure of McMillen Health to exercise or enforce any right or provision set forth herein shall not constitute a waiver of such right or provision. These Terms of Use set forth the entire understanding between you and McMillen Health with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and McMillen Health with respect to such subject matter. 

AMENDMENTS AND MODIFICATIONS 

McMillen Health reserves the right to modify or discontinue the some or all of the Services, or any content or materials contained or accessible thereon, at any time without prior notice. McMillen Health shall in no way be held liable for any consequence which results from McMillen Health’s decision to modify or discontinue providing the Services or any content or functionality thereof. In addition, McMillen Health reserves the right, at any time and without notice, to add to, change, update, or modify these Terms of Use simply by posting such addition, change, update, or modification on the Services. Any such change, update, or modification will be effective immediately upon posting on the Services. We suggest that you check these Terms of Use periodically for changes. 

MISCELLANEOUS 

You guarantee that (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. 

McMillen Health expressly reserves the right to monitor any and all use of the Services. 

Your use of the Mobile App through the Apple iOS mobile operating system is subject to the additional terms set forth in Annex A, which are incorporated herein. 

COMMUNICATING BY EMAIL 

Sending an email to McMillen Health (via info@mcmillenhealth.org) or to a McMillen Health representative (via the Services) is not a completely secure and confidential means of communication. It is possible that your email communication may be accessed or viewed by another internet user while in transit to McMillen Health. If you wish to keep your communication private do not use the email functionality. In such case, please contact McMillen Health by phone. 

CONTACT INFORMATION 

Questions regarding these Terms of Use should be directed to: 

McMillen Health
600 Jim Kelley Blvd. 
Fort Wayne, IN 46816
(888) 240-7268 

ANNEX A:  APPLE IOS SOFTWARE APPLICATIONS 

The following additional terms apply to your use of the Mobile App (as defined in the Terms of Use above) through Apple iOS mobile application software programs (“App Services”), and are in addition to the Terms of Use above, which are incorporated herein by reference.  

1. The Terms of Use are entered into and binding between you and McMillen Health, and not Apple, Inc. (“Apple”), and as between McMillen Health and Apple, McMillen Health is responsible for the App Services and their content, subject to the limitations and disclaimers contained in the Terms of Use. Apple has no obligation whatsoever to furnish any maintenance and support with respect to the App Services. Apple is not responsible for addressing any claims by you or any third party relating to the App Services, including but not limited to: (a) product liability claims; (b) any claim that the App Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the App Services or your possession and use of the of the App Services infringes that third party’s intellectual property rights, McMillen Health, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

2. You are only permitted to use the App Services on any Apple-branded products that you own or control, and as permitted by the App Store Terms of Service, except that the App Services may be accessed, acquired, and used by other accounts associated with the purchaser via Apple’s Family Sharing functionality or volume purchasing.

3. McMillen Health is providing the App Services AS-IS, and disclaims all warranties of any kind, express or implied, as fully set forth in the Terms of Use. To the extent any warranty is nevertheless adjudged to exist by a court of law or other legal authority with respect to the App Services, and is not effectively disclaimed by the Terms of Use, however, McMillen Health, and not Apple, is responsible for any such warranty term with respect to the App Services. Apple’s sole warranty obligation in such circumstances is limited to refunding the App Store purchase price of the particular App Services upon receipt of notification from you that the App Services failed to conform to the applicable warranty, and to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App Services, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty shall be McMillen Health’s sole responsibility.

4. You must comply with any applicable terms of third-party agreements relating to your use of the App Services.

5. You acknowledge that Apple and its subsidiaries are third-party beneficiaries of the Terms of Use with respect to the App Services, and that, upon your acceptance of the Terms of Use, Apple will have a right (and will be deemed to have accepted the right) to enforce the Terms of Use against you with respect to the App Services as a third-party beneficiary thereof.

HUMAN DEVELOPMENT EDUCATION POLICY

All McMillen Health human development programs will be taught from an abstinence until marriage basis because abstinence is the only 100% sure way to prevent pregnancy and transmission of sexually transmitted diseases.

If students ask a question regarding contraceptives, the Health Educator will ask permission to answer the question from the teacher or adult representative of the attending organization and then, if permitted, answer the question factually.  The Health Educator will then point out that abstinence is the only 100% sure way of preventing pregnancy and infection with sexually transmitted diseases.

If the teacher or adult representative of the organization does not give permission to answer the question regarding contraceptives, the individuals attending will be encouraged to ask their parent, teacher or other trusted adult.

When teaching minor individuals, Health Educators will always recommend that questions regarding human development information should be addressed to their parents, teachers or another trusted adult.

INFORMATION POLICY

The information presented on this website or any others linked to this website is basic information for children, teenagers and adults and should not be considered professional medical advice. For specific medical information and advice, please consult your physician.