IF YOU ARE NOT ABLE OR WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
1. Intended Use
The Site is intended for general informational use. THE SITE IS NOT INTENDED FOR USE IN AN EMERGENCY. The Site is not intended to provide medical advice. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM.
2. Who May Use the Site
We may change the way the Site looks, or the information or features on the Site, at any time. We may also change or remove content on the Site at any time.
4. User Conduct – General
In using this Site, You agree:
- not to behave in a way that interferes with the ability of others to safely enjoy the Site. This includes avoiding behavior that risks the security of the Site or any services or resources, such as servers or networks that are connected to or accessible through the Site. Some examples of behavior that is not permitted are:
- transmitting any viruses or other harmful, disruptive or destructive files on or through the Site;
- using another person's Account, service or system without authorization from Us, or sharing Your Account Information with someone else;
- transmitting spam, chain letters, junk mail or any other type of unsolicited mass email through the Site;
- "hacking" or trying to obtain unauthorized access to the Site; and
- Using the Site for illegal or harmful purposes.
- You are solely responsible for any actions and communications that occur using Your Account. You must comply with all applicable laws when using the Site.
5. Access Levels and Limitations
The Site contains different features, some of which may require You to create a registered account (“Account”) in order to gain access. Creation of an Account may require that You submit to Us certain personal information, including Your choice of a username and password (“Account Information”). Unless a feature or the Account-creation process explicitly states otherwise, You must be at least eighteen (18) years of age to create an Account.
We may require verification of Your identity through multiple devices or impose additional security procedures for Accounts. We impose these requirements for Your safety. However, We are not responsible if Your Account is improperly accessed because of a third party's actions. If You believe that the confidentiality of Your Account Information has been compromised, You should immediately create a new password. If You believe Your Account has been inappropriately accessed, You should contact Us at email@example.com.
We may impose limits on certain features and services or restrict Your access to parts or all of the Site. We do not have to give You any advance notice of these limits, and We are not liable to You if We impose limits or restrictions. We may terminate Your use of the Site, or any part of the Site, without notice or liability to You.
6. Online Communications and Interactive Areas
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars and/or other message or communication facilities designed to allow You to communicate with Us and other Site users (collectively, "Communication Services").
You agree to use the Communication Services only to post, send and receive messages and materials that are proper and related to the particular Communication Service. When using a Communication Service, You agree that You will comply with the User Conduct requirements in Section 4 of the Terms and Conditions. You also agree:
- not to be mean to others. This means You won't defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- not to post mean or hurtful items or material. This means that You won't publish, post, upload, distribute or disseminate any inappropriate, threatening, harassing, libelous, tortious, profane, defamatory, pornographic, abusive, offensive, infringing, obscene, indecent or unlawful topic, name, material or information, including without limitation, content that evidences bigotry, racism, sexism or hatred, or that promotes illegal activities;
- not to violate the legal rights of others. This means You won't upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity), unless You own or control the rights thereto or have received all necessary consents. This also means that You won't copy or download files posted by other users, or claim to be the author of something created by someone else.
- not to advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
- not to conduct or forward surveys, contests, pyramid schemes or chain letters;
- not to violate any code of conduct or other guidelines that may be applicable for any particular Communication Service;
- not to harvest or otherwise collect information about others, including e-mail addresses, without their consent;
- not to violate any applicable laws or regulations;
- not to discuss or refer to any particular patient, any particular patient's medical condition or any other information that could identify a particular patient;
- to use caution when giving out personally identifying information about Yourself, Your children or any other person; and
- to comply with any other rules that are posted about the usage, reproduction and/or dissemination of materials obtained through a Communication Service.
The Communication Services are an open forum, where users share their thoughts. We do not control or endorse the content, messages or information found in any Communication Service. This means that You must carefully consider whether information on the Communication Services is reliable and trustworthy. This also means that We are not responsible for the information posted, or for the results of any action You or someone else might take based on participation in the Communication Services. You agree to hold Us, Our affiliates and Our respective officers and employees, and those persons with whom We have contracted for purposes of hosting or maintaining this Site, harmless from all claims based upon communications made or materials posted by others or the use by third parties of this Site.
We reserve the right to monitor the Communication Services and edit or remove any materials We deem objectionable. However, We are not required to monitor and remove content, and the fact that We have not done so does not mean that We approve of or agree with that content. We may also remove the Communication Services, or Your access to the Communication Services, at any time without notice, without needing any reason.
8. Information Disclaimer
The information on the Site is available to You solely for general information purposes. INFORMATION ON THE SITE IS NOT INTENDED TO DIAGNOSE OR TREAT ANY ILLNESS. While We attempt to keep the information as accurate as possible, You should independently verify all information on the Site for accuracy and usefulness for Your particular needs. We disclaim any implied warranty or representation about the information’s accuracy or completeness or appropriateness for a particular purpose. You assume full responsibility for using the information on the Site. You understand and agree that We are neither responsible nor liable for any claim, loss or damage resulting from its use. You should talk to Your healthcare provider about how information on the Site applies to Your health conditions.
The mention of specific products or services at the Sites is not a recommendation or endorsement by Us. The views and opinions expressed in content, articles or comments on the Sites by users and/or Our staff are those of the speakers or authors and do not necessarily reflect Our views and opinions.
9. Third Party Content and Links
The Site may contain information provided by third parties, such as advertisements or postings in Communication Services. The Site may also contain hyperlinks that take You outside of the Site or link to external articles and videos and other linked sites (collectively, “Linked Sites”).
We provide third party content and hyperlinks to Linked Sites to You only as a convenience. We are not endorsing or recommending the third party content, the Linked Sites, the quality or accuracy of the content, or any products and services offered by the third parties, and no association with any third parties should be assumed. You agree that We have made no representations or warranties regarding such third party content and Linked Sites, and further agree that neither We nor Our affiliates shall have any liability to You whatsoever for or relating to any third party material, data, information and/or Linked Sites. Your use of third party content and Linked Sites is at Your own risk.
10. Intellectual Property Rights
- General; Copyrights. All content in any form is owned by Us or by third parties. It is protected by copyright laws. You are not permitted to copy, change or publish it without the owner's express permission. Any use of any content on the Site without the permission of the owner is strictly prohibited. You are not allowed to download, "mirror", encode or republish anything from the Site without Our express permission. You also are not permitted to change or delete any proprietary notices on the Site.
- Trademarks. All logos and trademarks on the Site are either trademarks or registered trademarks of Us or Our affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without Our prior written permission. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Us or Our affiliates, and may not be copied, imitated, or used, in whole or in part, without Our prior written permission. Other trademarks, registered trademarks, product names, and company names or logos displayed on the Site are the property of their respective owners.
- Your Submissions. We do not claim ownership of any materials and other information, such as feedback, suggestions and ideas for new or improved products or services, that You provide to Us or post or upload to the Site ("Submissions"). However, by providing or submitting a Submission, You grant rights to use, display and modify the Submission. These rights include a grant to Us, Our affiliated companies and sublicensees of an irrevocable, non-exclusive, worldwide, royalty-free, perpetual license (including without limitation a copyright license), with the right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform the Submission and publish Your name in connection with Your Submission. You agree that You will not receive any compensation or payment, and You shall have no recourse against Us for any alleged or actual infringement or misappropriation of any proprietary right in Your communication to Us. We are not required to post or use any Submission, and We may remove any Submission at any time in Our sole discretion. By providing or submitting a Submission You warrant and represent that You own or otherwise control all of the rights to the Submission.
- Software. Any software, including any files, images generated by the software, code, and data accompanying the software (collectively, "Software"), used or accessible through this Site may be used by You solely to access and use this Site for the purposes expressly stated on the Site. You cannot use the Software or the Site to compete with Us. We or Our licensors own all intellectual property rights in the Software. You may not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
- Any rights not expressly granted herein are reserved.
11. Digital Millennium Copyright Act Compliance
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512). If You believe Your copyrighted material has been improperly used on this Site, please provide Us with written notice (“Notice”) by contacting Our Designated Agent at the following address:
Ascension Health Alliance d/b/a Ascension
101 South Hanley, Ste. 1100
St. Louis, Missouri 63105
Attn: Legal Counsel
To be effective, the Notice must include the following:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner (“Complaining Party”), of an exclusive right that is allegedly being infringed upon;
- Information reasonably sufficient to permit Us to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address;
- Identification of the allegedly infringing material on the Site (“Infringing Material”), and information reasonably sufficient to permit Us to locate such material on the Site;
- Identification of the copyrighted work claimed to have been infringed upon (“Infringed Material”), or if multiple copyrighted works at a single Site are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material);
- A statement that the Complaining Party has a good faith belief that use of Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the Notice is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All inquiries not relevant to the subject matter hereof and in compliance with the foregoing procedure will receive no response from Us.
12. Limited Warranty and Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED FOR GENERAL EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND MAY BE INACCURATE OR INCLUDE TYPOGRAPHICAL ERRORS. CHANGES MAY BE MADE TO THE SITE AND THE INFORMATION HEREIN AT ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS; YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. DO NOT REFER TO THIS SITE IN AN EMERGENCY AS THIS SITE WILL NOT DISPATCH AN AMBULANCE OR OTHER EMERGENCY HELP. IN AN EMERGENCY, CALL 911 OR THE APPROPRIATE EMERGENCY NUMBER.
NEITHER WE NOR OUR SUPPLIERS MAKE ANY REPRESENTATIONS ABOUT THE INTEGRITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, COMPLETENESS AND/OR ACCURACY OF THE SITE AND THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE, THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR BUGS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE AND THE RELATED INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY OF INFORMATION. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US OR OUR AFFILIATES WILL CREATE A WARRANTY.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES AND ANY LINKED SITES. BY USING THE SITE, YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
13. Limitation and Disclaimer of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE AND/OR OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS OR CONTRIBUTORS TO THE SITE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR DIRECT DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF USE OR DATA OR OTHER PECUNIARY LOSS), UNDER ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION, LIABILITY ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, PATENT, COPYRIGHT INFRINGEMENT OR OTHERWISE), ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, ANY CONTENT CONTAINED ON THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ARISING AS A RESULT OF OUR PROVISION OR FAILURE TO PROVIDE INFORMATION VIA THE SITE EVEN IN THE EVENT THAT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT DAMAGES CANNOT BE WAIVED, DAMAGES ARE HEREBY LIMITED TO $10.00 USD IN THE AGGREGATE.
ALL CLAIMS MUST BE BROUGHT WITHIN SIX (6) MONTHS OF THE DATE OF THE FIRST EVENT GIVING RISE TO A CLAIM OR THEY WILL BE DEEMED FOREVER WAIVED.
YOU AND WE ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
Notices to Us should be sent to:
Ascension Health Alliance d/b/a Ascension
101 South Hanley, Ste. 1100
St. Louis, Missouri 63105
Attn: Legal Counsel
16. Applicable Law and Jurisdiction for Disputes
1. What We Collect
We receive and store any information You enter on the Site or provide to Us in any other manner. This may include, but is not limited to, Your personally identifiable information, such as Your name, address, phone number, e-mail address, and information pertaining to Your health and Your employment or affiliation. We may also collect demographic information, such as Your ZIP code, age, gender, preferences, interests and favorites. Some portions of the Site may be accessible to You without setting up an Account or providing personal information. However, providing certain information may be required for You to setup an Account and/or access certain features of the Site. At this time, We do not have a process to correct any incorrect personally identifiable information that You have provided to Us through the Site.
We also receive and store certain information whenever You visit the Site. In addition to information You provide, We may collect the name of the domain and host from which You access the Internet; the IP address of the computer You are using; the browser and operating system You are using; the date and time You access the Site; and the Internet address of the website from which You linked to the Site. We use “cookies” to automatically gather some of this information. A cookie is a small text file that Our system sends to Your computer to collect information about Your activities on the Site. The cookie transmits this information back to the Site each time Your browser requests a page from the Site, and the information is stored to help facilitate Your use of the Site the next time You visit. If You do not want to receive cookies from the Site, You can set Your browser to not accept cookies.
Unless You disable the cookies on Our Site, by using Our Site You agree to Our use of those cookies.
2. How We Use Information
We use the information You provide and We collect to:
- operate the Site for purposes of delivering to You the services You request.
- administer the Site and diagnose problems with Our server and networks;
- verify Your identity;
- provide You with information about the Site;
- inform You of other products or services available from Us, Our affiliates and/or external business partners;
- contact You via surveys to conduct research about Your opinion of current services or of potential new services that may be offered;
- measure the number of visitors to the Site and how the Site is used in order to make the Site as useful as possible to Our visitors;
- deliver customized content and advertising to You;
- provide authorities or relevant individuals with information related to the Site as required by law; and
- fulfill any other purpose for which You provide information.
We do not use or disclose sensitive personal information, such as race, religion, or political affiliations, without Your express consent.
We expect that all use and disclosure of Your information will occur in the United States and will be governed by United States law; however, some information may travel over the Internet outside of the United States. Even if some information does travel outside the United States, You agree that the laws of the United States will apply.
3. Sharing Information
We will not sell or rent Your information to anyone, but We may share Your information with others, such as Our subsidiaries, contractors, trusted partners and affiliates as necessary to operate Our business, and as permitted by law. If We share data with trusted partners to help Us perform statistical analysis, send You email or postal mail, provide customer support, or arrange for deliveries, such third parties are prohibited from using Your personal information except to provide these services to Us, and they are required to maintain the confidentiality of Your information. We do not share Your personal information with third parties for their direct marketing purposes.
We may aggregate (combine) data about visitors to Our Site in a non-identifiable manner and use it for Our business purposes unrelated to Your use of the Site. For example, We may aggregate data for product development and improvement activities and disclose such aggregated data to third parties. However, it is important to note that no personally identifiable information is available or used in this process. We may use information You provide to promote the products or services of strategic partners, but will not directly provide Your personally identifiable information to these strategic partners for promotional purposes.
Except for the above, We do not disclose the identities of visitors or users of the Site unless legally required to do so, or unless We believe, in good faith, that sharing is necessary to protect Your safety or the safety of others, to protect Our rights, to investigate fraud, or to respond to a government request. We will respond to any subpoena received from a government agency (i.e., the Securities and Exchange Commission or law enforcement agencies) without prior notice to You. Unless prohibited by law or by a valid court order, We will notify You of any subpoena received from any other party (i.e., for civil litigation) which requires Us to disclose Your identity, and will wait ten (10) days, or a lesser amount of time as required by the deadline in the subpoena, before providing the information requested by the subpoena.
We do not control these third parties' tracking technologies or how they may be used. You should review the privacy policies posted on these websites carefully before providing any information. We are not responsible for the privacy policies or the content of any other websites. If You have any questions about an advertisement or other targeted content, You should contact the responsible provider directly.
5. Do Not Track
Websites and web applications can track Your movements on the Internet to better tailor suggestions for You based on Your interests. However, some people do not want their browsing behavior to be tracked. We do not track Your movements on the Site over time or across third party websites to provide targeted advertising and therefore do not respond to Do Not Track (DNT) signals. However, some third party sites, including Linked Sites, do keep track of Your browsing activities when they serve You content. This allows those websites to tailor what they present to You. If You are visiting such sites, Your web browser allows You to set the DNT signal on Your browser so that third parties (particularly advertisers) know You do not want to be tracked. We also suggest that You should read the privacy policies of third party websites to see if those websites track Your browsing.
6. Compliance with COPPA
The Site is not directed at children under the age of 13. We comply with the Children's Online Privacy Protection Act (“COPPA”) and do not knowingly permit registration or submission of personally identifiable information by anyone under 13 years of age. This age requirement is posted each time We request personally identifiable information. If You believe information of a child under 13 has been submitted, please advise Us in writing and We will delete it.
The Site has security measures in place to protect against the loss, misuse or alteration of information under Our control. However, no security is perfect, and no security system can prevent all security breaches. You transmit information to Us at Your own risk. You acknowledge that the Site is not HIPAA compliant. You should not store or transmit Protected Health Information on this Site. You acknowledge and agree that the Site is not intended to provide any medical advice. We are not Your business associate under HIPAA as a result of Your use of the Site.
8. Changes to this Policy
9. Contacting Us
Ascension Health Alliance d/b/a Ascension
Address: 101 South Hanley, Ste. 1100
St. Louis, Missouri 63105
Attn: Privacy Officer
We will use commercially reasonable efforts to promptly respond to Your inquiry, and if necessary determine and remedy any problem.