- USER REGISTRATION. You are required to register in order to access certain features of the Site. You will choose a user name and a password through the Site's registration process. You are responsible for keeping your user name and password confidential. You are responsible for all activities (whether by You or by others) that occur under your password and account. You agree to notify us immediately of any unauthorized uses of your account or any other breach of security. Saint Luke's cannot and will not be liable for any loss or damage arising from your failure to keep your account information protected.
- INTELLECTUAL PROPERTY RIGHTS.
Saint Luke's Limited License to You. The Site and all materials available on it are the property of Saint Luke's or its licensors and are protected by copyright, trademark and other intellectual property laws. Saint Luke's provides the Site solely for personal, non-commercial use. You may not use 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. 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.
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 are representing 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, the User must obey all applicable federal, state and local laws. The Site was created and will be operated from the United States. Any use of this site that violates any applicable laws will be grounds for discontinuing the User's rights to access the Site.
- PROHIBITED ACTIVITIES. The following activities include, but are not limited to, the 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 act in a manner that negatively affects other users’ ability to use the Site;
e. 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
f. 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 the User's right to access or use any part of the Site at any time without notice. The User agrees that breach of any of the terms in this Agreement may result in the immediate termination of the User's account and/or give rise to civil action against the User. The disclaimers herein and all restrictions on the User regarding information downloaded or obtained from the Site shall survive any cancellation or termination of the User's 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 the User. Saint Luke's listing of any third party does not create a partnership or affiliation with the third party. Saint Luke's listing of any third parties does not constitute sponsorship or endorsement of these professionals or service providers. The User shall make a competent consumer decision before employing the services of any listed third party professional or service provider. The User bears all risk associated with the employing of any third party and obtaining their goods or services.
- 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.
- DISCLAIMER OF WARRANTY. THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITES ARE PROVIDED “AS IS” AND 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 THE USER 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, MATERIAL ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. SAINT LUKE'S DISCLAIMS ALL RESPONSIBILITY FOR ANY INJURY THAT MAY OCCUR AS A DIRECT OR INDIRECT RESULT OF THE USER 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 ARE PROHIBITED PER SECTION 5(a) OF THIS AGREEMENT.
- LIMITATION OF LIABILITY. THE LIABILITY OF SAINT LUKE'S, ITS AGENTS, EMPLOYEES, SUBCONTRACTORS AND SUPPLIERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF THE USER'S USE OF THE SITE, OR THE RENDITION OF SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, THE NET TOTAL COST (EXCLUDING TAXES AND FREIGHT) FOR SUCH PRODUCTS OR SERVICES PROVIDED BY SAINT LUKE'S.
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.
- USER INDEMNIFICATION. You agree to indemnify Saint Luke's and its affiliates, employees, agents, representatives and third party service providers. You agree to defend and hold each of them harmless, from any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Site. Such acts may include but are not limited to: submissions, unauthorized use of material obtained through the Site or breach of this agreement.
- 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 of the material that you claim is infringing is located on the Site;
- Your address, telephone number and e-mail 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 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 as follows: firstname.lastname@example.org.
Severability. If any term or provision in the Agreement is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from the Agreement in its entirety, and the remainder of this Agreement shall survive with the said offending provision eliminated.
Website Availability. Because public networks, such as the internet, occasionally experience disruptions, Saint Luke's cannot guarantee the Site will be available 100% 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 such problems.
Typographical Errors. Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make the Site's postings as accurate as possible, but Saint Luke's does not warrant the content of the Site is accurate, complete, reliable, current, or error-free.
Headings. Condition and section headings are for convenience of reference only and shall not affect the interpretation of this Agreement.
- CONTROLLING LAW AND VENUE. It is understood and agreed that all the construction and interpretation of this Agreement and the relationship between the parties shall at all times and in all respects be governed by the internal laws of the State of Missouri, without giving effect to the conflict of laws provisions thereof. Venue of any action brought to enforce or relating to this Agreement or arising out of the relationship between the parties shall be brought exclusively in the Sixteenth Circuit Court of Jackson County, Missouri or the United States District Court for the Western District of Missouri.