By using this Site, you agree to accept and follow our terms and conditions as set forth below and as they may be amended from time to time (the "Terms"). Your use of the Site is also subject to any and all applicable federal, state and local laws and regulations.
YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO COMPLY WITH THESE TERMS. WE MAY CHANGE THE TERMS THAT GOVERN YOUR USE OF THE SITE FROM TIME TO TIME, AND YOUR USE OF THE SITE AFTER THOSE CHANGES CONSTITUTES YOUR AGREEMENT TO FOLLOW THE TERMS AS CHANGED. IN ADDITION TO CHANGES IN THE TERMS, WE MAY CHANGE, EDIT, DELETE OR REVISE PORTIONS OF THE SITE AT ANY TIME WITHOUT NOTICE.
YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS OR DAMAGE DIRECTLY OR INDIRECTLY RESULTING FROM YOUR USE OF THIS SITE AND THAT YOUR USE IS SUBJECT TO THE DISCLAIMERS AND LIMITATIONS SET FORTH BELOW.
I. Health Information and Information about Spectrum Health
This Site may present health information in various forms, which is provided for educational purposes only. The health information describes general principles of health care. The information may not be applicable to your personal circumstances. Moreover, like any printed material, the information may become out-of-date over time and may contain typographical errors and inaccuracies. The information is not intended as a tool for self-diagnosis, is not a recommendation of a specific treatment plan or healthcare provider, and is not a substitute for proper medical advice, diagnosis or treatment. Proper treatment of health conditions depends on a number of factors, such as your medical history, diet, lifestyle and the medication that you currently take. Your doctor or other licensed health care provider is in the best position to take these and other factors into account in assessing and addressing your individual health care needs and use of this site cannot replace medical consultation with a qualified health or medical professional.
This Site may also contain information and press releases concerning Spectrum Health. While this information was believed to be accurate to the best of Spectrum Health's knowledge when put on this Site, Spectrum Health expressly disclaims any duty or obligation to update such information or keep such information current.
YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS OR DAMAGE DIRECTLY OR INDIRECTLY RESULTING FROM THIS INFORMATION, AND THAT YOUR USE IS SUBJECT TO THE DISCLAIMERS AND LIMITATIONS SET FORTH BELOW.
II. Site Use Generally
A. Limited License. You are granted a limited, revocable license to access and make use of the Site for your personal use in accordance with these Terms. This license does not include, and you are expressly prohibited from: (i) creating derivative works using the Site or its contents; (ii) using data mining tools, bots, spiders, scrapers or similar data gathering techniques and tools; (iii) framing or using framing techniques to enclose any Site content without our express written consent; and (iv) using any meta tags or any other 'hidden text' that uses our name or any of our trademarks or services mark. No material from our Site may be copied, reproduced, republished, downloaded, posted, displayed, transmitted, or distributed in any way, except that you may download materials for your own personal noncommercial use only, or if you are a health care provider (employed by Spectrum Health), for use with patients; provided that (i) you keep intact all copyright and other proprietary notices, and (ii) you make no modifications to the materials. Except as expressly provided herein, we do not grant any express or implied right to you under any patents, copyrights, trademarks or trade secret information. We may terminate this license and your rights to use the Site for any reason at any time.
B. Copyright and Trademark. The Site design, data compilations, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions, ALL RIGHTS RESERVED. Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to our trademark rights.
C. Links to Other Materials. Linked sites are not under our control, and we are not responsible for the content or practices of any linked site or any link contained in a linked site. We reserve the right to terminate any link or linking program at any time. We provide such links only as a convenience to you. We have not endorsed, tested or verified any information, programs, companies, or products on sites to which it links and make no warranties or representations regarding such sites or the information or content appearing on such sites. If you decide to access any third party sites linked to this Site, you do so entirely at your own risk.
D. Minors; Territory. The Site may not be accessed by persons under the age of 13. Our Site is hosted in the United States. We make no representation that content and materials on this Site are legal or appropriate for use from outside the United States. If you access this Site from outside the United States, you do so at your own risk. You may not use the Site in violation of United States export laws and regulations.
F. Your Account. You may be permitted to set up an account and profile at the Site if you are at least thirteen (13) years of age. If you are at least thirteen (13) years of age and do register, then you will need an email address/user name and password for your account. You are responsible for maintaining the confidentiality of your account, user name and/or password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the Site on someone else's behalf, then you represent that you have the authority to bind that person as the principal to these Terms, and to the extent you do not have such authority you agree to be bound to these Terms and to accept liability for harm caused by any wrongful use of the Site resulting from such access or use. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms are violated or if we decide, in our sole discretion, that it would be in our best interests to do so.
II. User Content
A. Submission; License. You may be permitted to post reviews, comments, photos, and submit comments, ideas, suggestions and other content (the "Content") through the Site. We are not responsible for any Content. We have no obligation to monitor, exercise control over, or review, evaluate, or assess any Content. If you post or submit Content through the Site, and unless we indicate otherwise, you hereby grant to us a perpetual, worldwide, royalty-free, fully paid-up irrevocable right and license, which we may sublicense, to: (a) use, copy, reproduce, perform, display, publish and distribute (internally and externally) copies of, the Content (including any trademarks that consist of text or that are embedded or incorporated into such Content, e.g., a logo in a product image); and (b) adapt, modify, re-format and create derivative works of such Content which derivative works are also subject to the license set forth in clause (a). You also hereby grant us and our sublicensees the right to use the name that you submit in connection with such Content. Our rights to the Content will apply to the Content in any form or medium, whether now known or hereafter known.
B. Content Violation. As between You and us, You have complete responsibility for any claim that any Content was unlawfully or improperly delivered, received, stored, processed, copied, adapted, reproduced, published, transmitted or divulged, and any other similar claims arising out of your or another party's proper or improper use of the Content. We may, but are not obligated, to review Content that you submit. If notified that Content allegedly does not conform to these Terms, we may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the Content. We have no liability or responsibility to you and other users for performance or nonperformance of such activities. We reserve the right to expel you and prevent your further access to the Site for violating these Terms or the law and the right to edit or remove Content that is abusive, illegal, disruptive or otherwise fails to comply with these Terms. We may take any action with respect to Content that we deem necessary or appropriate in our sole discretion if we believe it may create liability for us.
C. Content Warranty. You represent and warrant to us that (i) You have the rights to grant us the rights that You purport to grant in this Agreement; (ii) Content is accurate and not misleading; and that (iii) Content is not illegal, obscene, vulgar, harassing, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses or other malicious code, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
D. Restrictions on Use. Except as otherwise agreed upon in writing, you will: (a) not interfere, breach or abuse the security measures implemented to limit access and protect the Site and the resources used to provide the Site; (b) not disrupt or interfere with the operation of the Site or the resources used to provide the Site; (c) not transmit through the Site any virus, rojan horse, or similarly harmful, disruptive or destructive computer program, script or object; (d) not monitor, mirror, copy, summarize or create any derivative work from any website through which some or all the Site is provided or any materials used to provide the Site (including the underlying software); (e) not use another person's account or password to access the Site or otherwise obtain unauthorized access to the Site or the data or information of another person; (f) not use the Site in any illegal manner or for any illegal purpose, or any other manner or purpose that would expose us or our service providers to civil or criminal liability; (g) not use the Site to transmit any form of unsolicited commercial e-mail or similar messages or otherwise use the Site for commercial purposes; (h) not transmit or communicate to us or our service providers any information that is illegal or which it does not have permission to transmit or communicate; (i) reverse engineer, decompile or reverse assemble any software used to provide the Site; (j) use the Site in any manner that could reasonably be expected to damage, disable, overburden or impair the Site; (k) interfere with the security of, or otherwise abuse the Site or the system resources, accounts, servers or networks connected to or accessible through the Site; (l) not permit any person under the age of 13 to access or use the Site; and (m) attempt, or permit or authorize any other person to do, or omit to restrict any user from doing, any of the foregoing. We reserve the right to suspend or restrict the provision of the Site as we determine in our sole discretion.
IV. Use of Social Media
- Code of Conduct. If you take advantage of this Site's social media features, you agree to the following rules of conduct:
1. You will not post any material that is defamatory, false, obscene, indecent, lewd, violent, abusive, threatening, harassing, discriminatory, in violation of law or that constitutes hate speech.
2. You will be respectful of the privacy of our patients. You will only post information about another person's medical condition if you are sure that he or she approves.
3. You will not bully, intimidate, or harass any user.
4. You will not post any unsolicited commercial e-mail or similar messages or otherwise use the social media tools for commercial purposes.
5. You will not post anyone's insurance information, identification documents, or sensitive financial information.
6. You will not provide any false personal information or create an account for anyone other than yourself without permission.
7. You will not use our social media features if you are under age 13.
8. You will not use our social media features if you are a convicted sex offender.
9. If your use of social media tools requires a user ID and password, you will not share your user ID and password with anyone else, let anyone else access your account, or do anything else that might jeopardize the security of your account.
10. You will not post content or take any action that infringes someone else's rights or otherwise violates the law.
11. You will not post any applications on our social media tools.
- Linking Policy. If you are interested in linking to the Spectrum-Health.org Web site, please notify Spectrum Health by sending an e-mail to email@example.com (firstname.lastname@example.org.) Include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site and a list of any URLs from which you intend to link to our Site.
By linking to any page on Spectrum Health's Web site, you agree to the following terms and conditions:
Links may only be text-based using the words "Spectrum Health System" or "spectrum-health.org" (the "Licensed Marks").
You may not use the Spectrum Health logo as a link.
You may not create frames around Spectrum Health's Web pages or use other techniques that alter in any way the visual presentation or appearance of Spectrum Health's Web site.
You must not misrepresent your relationship with Spectrum Health or present false or misleading impressions about Spectrum Health. No links to Spectrum Health's Web site may be used in a manner that implies or suggests that Spectrum Health approves or endorses you, your Web site or your goods and services (in all cases, except as Spectrum Health may have agreed separately with you in writing).
You may not use our logo on external Web sites and on social networking sites such as MySpace, Facebook, or YouTube.
Spectrum Health shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify, defend and hold Spectrum Health harmless against all claims arising out of or based upon your Web site.
No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as defamatory, obscene or criminal, or which infringes, otherwise violates or advocates the infringement or other violation of, any third party rights.
Spectrum Health may at any time, in its sole discretion, without cause, terminate the license granted herein to use the Licensed Marks and your right to link to any pages on the Spectrum Health Web site. In such event upon request, you agree to immediately remove all links to Spectrum Health's Web site and to cease using the Licensed Marks.
Spectrum Health reserves the right to change this linking policy at any time. Changes will be posted on this page, and you agree to follow the rules as modified.
V. Disclaimer of Warranties
- General. WE MAKE NO REPRESENTATION OR WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. WE UNDERTAKE NO OBLIGATION TO UPDATE, AMEND OR CLARIFY THE SITE.
- No Medical Advice. THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR A SPECIFIC TREATMENT PLAN, PRODUCT OR COURSE OF ACTION. THE INFORMATION MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. ADDITIONALLY, MEDICAL INFORMATION CHANGES RAPIDLY. ALTHOUGH SPECTRUM HEALTH MAY UPDATE THIS SITE, SOME OF THE INFORMATION MAY BE OUT OF DATE OR CONTAIN OTHER ERRORS. SPECTRUM DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION POSTED OR ANY OPINION, ADVICE OR STATEMENT DISPLAYED ON THIS SITE. YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
THE INFORMATION CONTAINED ON THIS SITE SHOULD NOT BE RELIED UPON FOR SPECIFIC MEDICAL ADVICE FOR ANY USER. SPECTRUM HEALTH AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR HOW YOU USE THE INFORMATION PROVIDED THROUGH THIS SITE. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW TREATMENT OR WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.
- No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SERVICES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. YOUR USE OF THE SITE AND ANY SERVICE IS AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH REGARD TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, RESULTS, AND LACK OF NEGLIGENCE.
VI. Limitation of Liability and Remedies
- Exclusion. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SITE OR ANY ASSOCIATED PRODUCT OR SERVICE, EVEN IF WE KNOW OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND ITS ASSOCIATED PRODUCTS AND SERVICES. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
- Indemnification. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD EACH OF US HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DEMANDS, PENALTIES, FORFEITURES, SUITS, JUDGMENTS AND THE ASSOCIATED COSTS AND EXPENSES (INCLUDING ATTORNEY'S FEES), WHICH WE MAY HEREAFTER INCUR, BECOME RESPONSIBLE FOR OR PAY OUT ARISING OUT OF YOUR USE OF THE SITE, THE USE OF ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE, YOUR LINKING TO THE SITE, OR YOUR BREACH OF ANY TERM OR PROVISION OF THESE TERMS.
VII. General Terms
- Modification. We reserve the right at any time and in our sole discretion to change the terms, conditions, and notices under which the Site is offered, including but not limited to the charges associated with the use of the Site. We may revise the Terms at any time by updating this posting. Although we may attempt to notify you when major changes are made to these Terms, you should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of the Terms may be superseded by expressly designated legal notices given to you or terms located on particular pages at the Site. We also reserves the right at any time and in our sole discretion to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
- Jurisdiction and Arbitration. The Terms will be governed by and interpreted according to the laws of the State of Michigan, without regard to conflicts of law principles. We and you agree that all disputes and litigation regarding the Terms, the Site, and matters connected with its performance or relating to the use of the Site shall be submitted to confidential arbitration in Grand Rapids, Michigan, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Michigan, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provision of these terms and conditions, including without limitation this section.
- Limitation on Claims. Any cause of action you may have with regard to the use of this Site must be instituted within one (1) year after the claim or cause of action arises or be deemed forever waived and barred. If any court of competent jurisdiction finds any provision of these Terms to be unenforceable, such provision shall be enforced to the maximum extent permissible, and the remainder of these Terms shall be separately enforced.
- Equitable Relief. You recognize and acknowledge that a breach by you of any of your obligations under the Terms will cause us irreparable damage, which cannot be readily remedied by monetary damages in an action at law. Accordingly, in the event of any default or breach by you, including any action by you that could cause some loss or dilution of our goodwill, reputation, or rights in the Site, we will be entitled to an immediate injunction in addition to any other remedies available, to stop or prevent such irreparable harm, loss, or dilution.
- Entire Agreement. The Terms embody the entire agreement and understanding between us and you with respect to the subject matter of the Terms and supersedes all prior oral or written agreements and understandings relating to the subject matter of the Terms. No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in the Terms will affect, or be used to interpret, change or restrict, the express terms and provisions of the Terms.
Spectrum Health reserves the right to alter, amend, modify or eliminate this policy/procedure at any time without prior notice.