Last Updated: December 6, 2021
These Terms of Service (“Terms”) apply to your personal use of the service you are currently using and the technology supporting the service (collectively the “Online Services”). We (“we,” “us,” or “our”) make the Online Services available to you (sometimes referred to as “user,” or “your”) in exchange for your agreement with all of the terms and conditions below.
THIS IS A BINDING CONTRACT BETWEEN YOU AND US. PLEASE READ THESE TERMS CAREFULLY. IMPORTANT NOTICE: YOUR USE OF THE ONLINE SERVICES IS SUBJECT TO AN ARBITRATION PROVISION OUTLINED BELOW, REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION.
1. Acceptance of Terms
By accessing or using the Online Services in any manner, YOU ACCEPT THESE TERMS. THESE TERMS INCLUDE ALL INFORMATION, NOTICES, AND POLICIES (INCLUDING THE INTERNET PRIVACY NOTICE AND, IF YOU ARE A PATIENT, THE HIPAA NOTICE OF PRIVACY PRACTICES for VMFH: English and Spanish) AND ANY SUPPLEMENTAL TERMS THAT ARE HYPERLINKED WITHIN THE ONLINE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE ONLINE SERVICES. Your access or use of the Online Services binds you to the Terms. In the event of termination of any Online Service, you agree to continue to be bound by the obligations set forth under the Terms.
2. Emergency or Urgent Matters
IN THE EVENT YOU EXPERIENCE AN EMERGENCY, GO TO THE EMERGENCY ROOM OF A LOCAL HOSPITAL OR DIAL 911 IMMEDIATELY. Online Services are not a substitute for appropriate and timely contact with a health care provider. Do not use the Online Services for emergency or urgent communications with any healthcare provider.
3. No Medical Advice
The Online Services provide health-related information and resources, and not medical advice. EXCEPT WHEN YOU RECEIVE DIRECT COMMUNICATION FROM YOUR HEALTHCARE PROVIDER OR ONE OF OUR LICENSED PHYSICIANS, AND THE COMMUNICATION CONCERNS A PARTICULAR HEALTH CONDITION YOU MAY HAVE, INCLUDING DIAGNOSIS OR TREATMENT, YOU AGREE THAT THE ONLINE SERVICES DO NOT CONSTITUTE MEDICAL ADVICE. NEVER DISREGARD THE ADVICE OF YOUR HEALTH CARE PROVIDER OR DELAY SEEKING ADVICE BECAUSE OF SOMETHING YOU READ ON THE ONLINE SERVICES.
You are responsible for evaluating specific health care providers, treatments, information, content, products, and services that may be available in the Online Services. WE DO NOT MAKE ANY GUARANTEE ABOUT THE RELATIONSHIP BETWEEN YOU AND US OR ANY HEALTH CARE PROVIDER OR WHETHER ANY INFORMATION, PRODUCTS, OR SERVICES YOU FIND ON THE ONLINE SERVICES WILL HELP YOU ACHIEVE THE RESULT(S) YOU WANT.
4. Your Right to Access the Online Services
We grant you a limited, revocable, non-transferable, and non-exclusive right to access and use the Online Services for your personal use only. We may terminate, in our sole discretion, your right to use the Online Services if you use the Online Services in excess of this limited right. We do not guarantee the accuracy of the Online Services. We retain the right to revoke this right or disable or deny access to our Online Services to any user for any reason.
5. Our Content
We strive to post accurate and up-to-date information, content, applications, and materials on the Online Services (“Our Content”). We grant you a limited, revocable, non-transferable right to use Our Content for your personal use. Our Content is either (1) authored or produced by our staff or physicians, or (2) licensed from outside sources. We do not guarantee the accuracy of Our Content.
We retain all ownership rights, control, or licenses to Our Content. Except as expressly permitted by these Terms, you and any other individual(s) are expressly prohibited from reproducing, duplicating, copying, publishing, selling or otherwise exploiting Our Content. We may terminate, in our sole discretion, your right to use Our Content for any reason we deem appropriate.
6. Our Intellectual Property Rights.
The “look and feel” of the Online Services and Our Content, including, text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, and software, is our property or our licensors’ property (“Our IP”). Our IP is subject to all applicable copyright, patent, trademark, and various other intellectual property laws under United States law, foreign laws, and international conventions. Except as provided in the next paragraph, you are expressly prohibited from reproducing, duplicating, copying, publishing, selling or otherwise exploiting for any commercial purpose Our IP, in whole or in part, for any reason, unless prior written consent is obtained from the copyright holder(s). Copyright 1996 to 2021. All rights reserved for all countries.
We grant you a limited, revocable, non-transferable license to view and use Our IP for your personal use only, provided that such use of Our IP is limited to within the Online Services, without the right to print, except you may print these Terms for your personal use to review the Terms. Any automated process or use of a bot for this purpose is strictly prohibited and the limited license is not granted for such use. Unless specifically authorized in writing by us, any other use of Our IP is expressly prohibited. Any rights not expressly granted by these terms and conditions or any applicable end-user license agreements are reserved by us.
7. Your Account
If you create an account within the Online Services, you are the only person authorized to access and use your account (“Your Account”). You will not give your username, password, or other account information to any other individual(s). You must immediately notify us of any suspected or known unauthorized use of Your Account or any potential security incident, including, an unauthorized disclosure of your password. YOU ARE RESPONSIBLE FOR ALL ACTIVITY ON YOUR ACCOUNT. You agree that it is a privilege to create Your Account and that we may revoke or deactivate Your Account, upon our sole discretion, at any time without notice.
To promote your interests and improve your overall experience with the Online Services, you may submit content to us, your healthcare provider, or a caregiver by posting messages, creating or modifying a home page, chatting, uploading files, inputting data, or transmitting e-mail through Your Account. When you submit content to us you provide us and our service providers an unrestricted, perpetual, worldwide license to use your content in any manner. We may translate, adapt, communicate, publish, publicly perform, publicly display, transmit and distribute your content. You warrant and represent you have the necessary rights to grant us and our service providers a license to your content. This license continues even if you stop using the Online Services.
8. Proxy Access
In some instances, to improve your experience with the Online Services, you may have the ability to access certain of your medical information, maintained by your healthcare provider or one of our licensed physicians, through the Online Services. If you are an adult with legal capacity, you may request that we provide another adult access to your medical information through the Online Services, i.e. “Proxy Access.” Additionally, we may, upon written request, provide a parent, legal guardian, or legal personal representative Proxy Access to the medical information of their minor child or incompetent adult. However, due to applicable laws, depending on the age of the minor child, Proxy Access to a minor child’s medical information may be limited or require the minor child’s consent. To request or grant Proxy Access, you should contact your or your minor child’s or dependent’s health care provider.
If you have Proxy Access and you later become aware that you are no longer authorized to access such individual’s medical information, due to termination of guardianship, parental rights, or otherwise, you shall immediately discontinue your use of the Online Services and provide us written notice so we can terminate the Proxy Access, if applicable.
9. Your Suggestions
If you elect to make available or provide suggestions, comments, ideas, improvements, or other information or materials to us (“Your Suggestions”), in any manner, in connection with or related to the Online Services, you grant us a non-exclusive, perpetual, royalty-free, irrevocable right to use, reproduce, duplicate, copy, publish, sell or otherwise exploit for any commercial purpose Your Suggestions. You agree that we will not compensate you for any use of Your Suggestions.
10. Prohibited Use
You agree that you will not use the Online Services to:
- Delete, hack, or attempt to change or alter Our Content, Our IP, or notices;
- Use any device, software to damage or interfere with the Online Services, servers, or networks connected to the Online Services;
- Use any automatic or manual device or process to harvest or compile information from the Online Services;
- Copy, modify, create derivative works, reverse engineer, decompile, or disassemble the source code upon which the Online Services are based;
- Introduce any malicious software, viruses, bugs, or malware into the Online Services designed to harm the Online Services;
- Use Our Content or Our IP in any manner that misappropriates or infringes the Intellectual Property rights of another individual;
- Attempt to gain unauthorized access to another individual’s personal information, non-personal information, or PHI;
- Post, upload, or transmit photos or videos of another individual without express, written permission from the individual;
- Send junk mail, unauthorized e-mail, or advertisements;
- Encourage any illegal activities or post obscene, defamatory, threatening, abusive, or hateful content directed at another individual; and
- Violate any applicable laws or regulations.
11. Deactivation of Your Account
As mentioned above in Section 7 (Your Account), to maintain security and privacy of the Online Services, we may, in our sole discretion, modify, suspend, terminate, or close Your Account, or stop providing you access to the Online Services, for any reason, including, the use of Your Account in any fraudulent, abusive, or other illegal manner as well as committing any prohibited use listed above in Section 10 (Prohibited Use).
We will not be liable to you or any other individual for the deactivation of Your Account or the suspension of the Online Services. You are responsible for making sure your information is properly backed up. We do not export any content or information during your use of the Online Services, or provide any content or information to you when we close Your Account.
12. Disclaimer of Warranties
WE PROVIDE THE ONLINE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS (INCLUDING SOFTWARE) MADE AVAILABLE TO YOU THROUGH THE ONLINE SERVICES (INCLUDING HYPERLINKED WEBSITES), ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER WE NOR ANY THIRD PARTY, INCLUDING OUR SERVICE PROVIDERS, MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF OR THE INFORMATION, CONTENT, MATERIALS, AND PRODUCTS MADE AVAILABLE TO YOU THROUGH THE ONLINE SERVICES.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE CONTAINED IN THE ONLINE SERVICES SHALL CREATE A WARRANTY NOR INCREASE THE SCOPE OF THIS WARRANTY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SHALL BE REFORMED TO THE MAXIMUM LIMITATION PERMITTED BY APPLICABLE LAW.
13. Other Organizations’ Websites
We make no representations whatsoever about any other website that you may access through the Online Services. The Online Services may include hyperlinks to other organizations’ websites with information about their products and services. We have no control over such websites, and we do not endorse nor are we responsible for any content or information available on those websites. WE ENCOURAGE YOU TO READ AND ASK QUESTIONS OF OTHER ORGANIZATIONS BEFORE YOU PROVIDE THEM YOUR INFORMATION.
14. Limitation of Liability
THIS SECTION LIMITS OUR LIABILITY TO YOU.
IN NO EVENT AND UNDER NO CIRCUMSTANCES WHATSOEVER SHALL WE OR ANY OF OUR SPONSORS, MEMBERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, SUCCESSORS OR ASSIGNS OR ANY OTHER RELATED PERSONS OR ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE ONLINE SERVICES, ITS RELATED SERVICES AND PRODUCTS, CONTENT CONTAINED WITHIN THE ONLINE SERVICES AND/OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE ONLINE SERVICES, ITS RELATED SERVICES AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE ONLINE SERVICES AND/OR THOSE SERVICES.
CERTAIN STATE LAWS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS SHALL BE REFORMED TO THE MAXIMUM LIMITATION PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify, and hold us, our officers, members, directors, employees, contractors, and agents (“Indemnified Party” or collectively “Indemnified Parties”), from and against any and all claims, actions, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of all or part of the Online Services; (b) any personal information you provide to the Online Services; (c) an alleged or actual breach by you of these Terms; (d) your infringement or misappropriation of our IP; or (e) any negligence or willful misconduct by you.
You will defend the Indemnified Parties, at your expense, from any claim, liability, damage, or loss or expense, referenced above; provided, however, you will not obligate the Indemnified Parties in any respect in connection with any settlement without the prior written consent of an Indemnified Party. If you fail to assume your obligation to defend, the Indemnified Parties may do so to protect their interests and you will reimburse all costs incurred by an Indemnified Party in connection with such defense, including attorneys’ fees and costs and expenses.
16. Choice of Law
These Terms are governed by the laws of the State of California, USA, exclusive of its choice of law rules.
17. Dispute Resolution
You agree that any dispute, action, or claim relating in any manner to these Terms or the Online Services will be resolved, individually and not in a class action, by binding arbitration in San Francisco County, California pursuant to the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part, of these Terms is void or voidable. Notwithstanding the foregoing, either party may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco County, California as necessary to protect the party’s rights or property.
- Class Action Waiver
A class action, consolidated action, or representative action is a legal proceeding brought by a group of people, with an identical claim, who are represented together by a member of the group.
By agreeing to these Terms, you agree that any dispute, action, or claim will be resolved on an individual basis and not in a class action, consolidated action, or representative action. If, for any reason, any dispute, action, or claim proceeds in court rather than in arbitration, you agree to only bring your claim on an individual basis and not as part of a class action, consolidated action, or representative action. You agree to waive any rights that you may have to bring a claim in a class action, consolidated action, or representative action.
- Changes to these Terms
We may revise and update the Terms and will post the updated Terms to the Online Services. Unless otherwise stated in the amended version of the Terms, any changes to the Terms will apply immediately upon posting. If we make, in our sole discretion, material changes to the Terms we may provide you notice of the updated Terms. Your use of the Online Services will constitute your agreement to the updated Terms.
If any portion of these Terms are held unenforceable, the unenforceable portion shall be construed to the greatest extent possible under applicable law. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.
- No Waivers
Our failure to enforce or exercise our rights under or provision of the Terms, does not constitute a waiver of that right or provision.
- No Assignments and Transfers
You may not assign or transfer any rights provided to you under these Terms to a third party, without our prior written consent which we may withhold, in our sole discretion, for any reason.
- No Third-Party Beneficiaries
Nothing in these Terms will confer upon any third party, not a party to these Terms, any rights, remedies, obligations, or liabilities whatsoever.
- Entire Agreement
These Terms constitute the entire agreement between you and us relating to your use of Online Services and supersedes any prior or contemporaneous agreements or representations. The Terms may not be amended except as set forth in Section 19(A)(Changes to these Terms).
You may send us any questions, concerns, or relevant notices to the contact information provided below in Section 17(H)(Contact Us). You agree to receive all communications from us by e-mail. You are responsible for providing us with up-to-date contact information, which you may do by updating Your Account or sending a message to us. You agree that all communications that we send to you electronically satisfy any legal requirement that a communication be in writing. You may print the communications for your records.
If you have any questions about these Terms, please contact us at:
CommonSpirit Health Privacy Officer