We reserve the right to update, change, or withdraw this Site, and any service or material we provide on the Site, in our sole discretion and without notice. Saint Luke’s will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to you and/or other users.
MEDICAL DISCLAIMER. You acknowledge that the information on the Site is provided “as-is” for general information only. The information contained on this Site is not intended and shall not be construed as medical advice, diagnosis, or treatment and is not a substitute for consultations with qualified health professionals. The Site is not intended or designed to provide a response in a medical emergency. If this is a medical emergency, please immediately call emergency services (911) to get prompt medical attention. Do not rely on the Sites or electronic communications for assistance in regard to your emergency medical needs.
USER REGISTRATION AND ACCOUNT SECURITY. You may be required to register in order to access certain features of the Site. You will choose a username and a password through the Site’s registration process. You are responsible for keeping your username and password confidential. You are responsible for all activities (whether by you or by others) that occur under your password and account. By registering on the Site, you assert that your information is true, current, and complete to the best of your knowledge. You agree not to submit false information such as name, age/date of birth, address, and/or telephone number when registering on the Site.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting us to disclose the identity or other information of anyone posting materials on or through the Site. You waive and hold harmless Saint Luke’s, its affiliates and employees from any action taken by any of the forgoing parties during or as a result of such disclosures, and from any actions taken as a consequence of investigations by either Saint Luke’s, its affiliates, employees or law enforcement authorities.
INTELLECTUAL PROPERTY RIGHTS.
Saint Luke’s Limited License to you. The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are the property of Saint Luke’s, its licensors or other providers of such material, and are protected by United States and/or international copyright, trademark, patent and other intellectual property or proprietary rights laws. Saint Luke’s provides the Site solely for personal, non-commercial use. You must not use, reproduce, distribute, modify, publicly display, republish, create derivative works of, download, store or transmit the contents of the Site in any manner or for any purpose that would constitute infringement of Saint Luke’s or our licensor’s intellectual property rights. Permitted use of the material on this Site is as follows:
You may download and/or print one copy of individual pages of the Site or documents available for download for your personal, non-commercial use.
If we provide a desktop, mobile, or other application for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided that you agree to be bound by our end user license agreement for such application.
If we provide social media features with certain content, you may take actions that are enabled by such features.
You must not modify copies of any material on this Site or delete or alter any copyright, trademark, or other proprietary right notices from copies of materials on this Site.
You must not access or use for commercial purpose(s) any part of the Site or any services or materials available through the Site.
Your License to Saint Luke’s. By posting or submitting any material (including, without limitation, text, photos, and videos) to us via the Site, you represent that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material. You grant us, or anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display the material in whole or in part.
FEDERAL AND STATE LAWS. When using the Site, on the Site, or in any other media selected by Saint Luke’s, you must obey all applicable federal, state, and local laws. The Site was created in and will be operated from the United States. Any use of this Site that violates any applicable laws will be grounds for discontinuing your rights to access the Site.
PROHIBITED ACTIVITIES. The following activities include, but are not limited to, activities that are prohibited from the Site:
A. transmit spam, bulk, or unsolicited communications;
B. forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted through the Site;
C. misrepresent your affiliation with a person or entity;
D. disrupt the normal flow of dialogue or otherwise disable, overburden, damage or impair the Site in a manner that negatively affects other users’ ability to use the Site;
E. introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technically harmful;
F. engage in activities that would violate any fiduciary or contractual relationship; any applicable local, state, national, or international law; or any regulations having the force of law, including but not limited to, stalking or making threats of harm; or
G. collect or store personal data about other users of the Site unless specifically authorized by such users.
USER SUSPENSION AND/OR TERMINATION. Saint Luke’s may cancel or terminate your right to access or use all or any part of the Site at any time without notice. You agree that breach of any of the terms in this Agreement may result in the immediate termination of your account and/or give rise to civil action against you. The disclaimers herein and all restrictions regarding information downloaded or obtained by you from the Site shall survive any cancellation or termination of your right to use the Site.
THIRD PARTY LISTINGS. The listing of any third party professional or other goods or services provider on the Site is provided solely as a convenience for you. Our listing of any third party does not create a partnership or affiliation with the third party. Our listing of any third parties does not constitute sponsorship or endorsement of these professionals or service providers. You shall make a competent consumer decision before employing the services of or interacting with any listed third party professional or service provider. You bear all risk associated with the employing of any third party and obtaining their goods or services. Saint Luke’s assumes no liability for any action or inaction regarding transmissions, communications, content, or services provided by any user or third party.
DISCLAIMER OF WARRANTY. The information and services offered on or through the Site and any referenced third party Sites are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied. This includes any listing of any third party goods or services provider included in the Site. Any third party goods or services provider is supplied as a convenience to you and listing does not constitute sponsorship, affiliation, partnership, or endorsement. Saint Luke’s disclaims all express and implied warranties to the fullest extent of the law, including but not limited to implied warranty of merchantability and fitness for a particular purpose.
Saint Luke’s does not warrant or make any representations regarding the use or the results of the use of the Site, or material on the Site in terms of its correctness, accuracy, quality, timeliness, reliability, or otherwise. Saint Luke’s disclaims all responsibility for any injury that may occur as a direct or indirect result of you posting any information on the Site intended to convey physical or medical information, questions, or concerns related to the care or diagnosis of a Saint Luke’s patient. Such postings by you are prohibited.
LIMITATION OF LIABILITY. We will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer equipment, programs, data, or other proprietary material due to your use of the Site or any services or items obtained through the Site, or to your downloading of any material posted on it, or on any website linked to it.
In no event will Saint Luke’s be liable to any party for any direct, indirect, special, or other consequential damages for any use of the Site, or on any other hyperlinked website, including, without limitation, any lost profits, business interruption, loss of programs or other data on the user’s information handling system or otherwise, even if Saint Luke’s is expressly advised of the possibility of such damages.
COPYRIGHT COMPLAINTS. Saint Luke’s respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Saint Luke’s copyright agent with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
Description of the copyrighted work that you claim has been infringed;
The location on the Site of the material that you claim is infringing a copyrighted work;
Your address, telephone number, and email address;
A statement that your claim of infringement is based on a good faith belief; and
A statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or are otherwise legally authorized to act on the copyright owner’s behalf.
Saint Luke’s copyright agent for notice of claims of copyright infringement on its Site can be reached via email at: firstname.lastname@example.org.
Website Availability. Because public networks, such as the internet, occasionally experience disruptions, Saint Luke’s cannot guarantee the Site will be available 100 percent of the time. Although Saint Luke’s strives to provide the most reliable website possible, interruptions and delays in accessing the Site are unavoidable and Saint Luke’s disclaims any liability for damages resulting from service disruption(s).
ADDITIONAL TERMS FOR iOS USERS
The following terms apply if you are accessing or using our mobile application (“App”) on an Apple Inc. (“Apple”) branded mobile device.
(a) Acknowledgment. The Terms are concluded between us only, and not with Apple, and, as between Apple and us, we are solely responsible for the App and the content thereof.
(b) Scope of License. The license granted to you for the App under the Terms is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Apple Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via “Family Sharing” or volume purchasing.
(c) Maintenance. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
(d) Warranty. To the effect not effectively disclaimed under Section 10 of the Terms, we are solely responsible for any warranties, whether express or implied by law. In the event of any failure of the App to conform to any applicable warranty not effectively disclaimed under Section 10, you may notify Apple, and Apple may refund the purchase price (if any) for the App; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
(e) Liability. We, and not Apple, are responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(f) IP Claims. In the event of any third-party claim that the App or your possession and use of that App infringes any third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
(g) Third Party Beneficiaries. Apple and its subsidiaries are third party beneficiaries of these Terms, and will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.