Terms of Use

ACCEPTANCE OF THE TERMS OF USE

The Syracuse Area Health (“Hospital”, “we”, or “us”) website is comprised of various websites (collectively the “Websites” and each a “Website”) operated by the Hospital. By accessing the Hospital’s Websites, you accept and agree to be bound and abide to all terms, conditions, and notices contained or referenced herein (the “Terms of Use”) and the Hospital’s Website Privacy Policy, found here (https://legato-syracuseareahealth.betawebserver.com/privacy-policy/), and incorporated herein by reference. If you do not agree with any of these Terms of Use or the Website Privacy Policy, you are prohibited from using or accessing the Hospital’s Websites. Your continued use of this Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

MODIFICATION OF THESE TERMS OF USE

The Hospital may revise and update these Terms of Use from time to time in its sole discretion. All changes are effective immediately when posted and apply to all access to and use of all Websites thereafter. Your continued use of the Websites following the posting of revised Terms of Use means that you accept and agree to the changes. Please check these Terms of Use and the Website Privacy Policy periodically for changes, as they are binding on you.

PROPRIETARY RIGHTS

You acknowledge and agree that all content and materials available on the Websites are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by the Hospital, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on the Websites on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from the Websites to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Hospital is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the Websites is strictly prohibited without the express written permission of the Hospital. Permission is granted only when certain limited criteria are met. For information on requesting such permission, please contact the Compliance Officer at 402.269.2011.

ACCESS TO WEBSITES

The Hospital reserves the right to withdraw or amend the Websites, and any service or material we provide on the Websites, in its sole discretion without notice. The Hospital will not be liable if for any reason all or any part of the Websites are unavailable at any time or for any period. From time to time, the Hospital may restrict access to some parts of particular Websites, or an entire Website, to users, including registered users.

NO UNLAWFUL OR PROHIBITED USE

You agree that you will not use the Websites for any purpose that is unlawful or prohibited by these Terms of Use or by the Website Privacy Policy. You agree not to use the Websites in any way that violates any applicable federal, state, local, or international law or regulation; or to engage in any conduct that restricts or inhibits other users’ use or enjoyment of the Websites, or which, as determined by the Hospital, may harm the Hospital or its users of the Websites or expose them to liability. You further agree not to:

Use the Websites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Websites;
Use any robot, spider, or other automatic device, process, or means to access the Websites for any purpose;
Use any device, software, or routine that interferes with the proper functionality of the Websites;
Introduce any malware, viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; or
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Websites, the server on which the Websites are stored, or any server, computer, or database connected to the Websites.

The Hospital may, at its sole discretion: (1) immediately suspend or terminate a user’s rights to use the Websites; or (2) disclose information about the user, including the user’s identity and other identifying information, to law enforcement authorities for certain violations of the Terms of Use or the Website Privacy Policy.

USE OF COMMUNICATION SERVICES

The Websites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

The Hospital has no obligation to monitor the Communication Services. However, the Hospital reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Hospital reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. The Hospital may disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. YOU AGREE TO WAIVE AND HOLD HARMLESS THE HOSPITAL AND ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS OR ITS SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE HOSPITAL OR ANY OF THE FOREGOING PARTIES DURING, OR AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. The Hospital assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party regarding the Communication Service.

DISCLAIMER OF WARRANTIES

THE INFORMATION, SOFTWARE, PRODUCTS, AND/OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITES (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. TO THE FULLEST EXTENT PROVIDED BY LAW, THE HOSPITAL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, THE HOSPITAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE CONTENT ON THE WEBSITES; THAT THE WEBSITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HAMFUL COMPONENTS. FINALLY, ANY ADVICE RECEIVED VIA THE WEBSITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. YOUR USE OF THE WEBSITES IS SOLELY AT YOUR OWN RISK. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE HOSPITAL, ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO: THE USE OF, OR INABILITY TO USE, THE WEBSITES; ANY WEBSITES LIKED TO IT; ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES; INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST DATA, REVENUE, OR PROFITS; PAIN AND SUFFERING, OR EMOTIONAL DISTRESS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION AND FORCE MAJEURE

Neither Hospital nor any independent provider/transmitter of information shall be liable in any way, and you agree to indemnify and hold harmless the Hospital and its subsidiaries, other affiliated companies, the independent providers/transmitters and all employees, contractors, officers, and directors thereof (the “Indemnitees”) for (1) any inaccuracy, error, or delay in, or omission of (a) any information, or (b) the transmission or delivery of information; (2) any loss or damage arising from or occasioned by (a) your use or misuse of the Websites as well as any such inaccuracy, error, delay, or omission, or (b) any non-performance, or interruption of information due either to any negligent act or omission by the Indemnitees or to any “force majeure” (i.e., flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction) or any other cause beyond the reasonable control of the Indemnitees.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:

We respect the intellectual property rights of others, and require that the people who use the Websites, or the services or features made available on or through the Websites, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to your Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

LINKS TO THIRD PARTY SITES

The Websites may contain links to other websites (“Linked Sites”). The Linked Sites have not been reviewed and are not under the control of the Hospital. The Hospital is not responsible for the contents of any Linked Site. These sites may contain information or material that some users may find inappropriate or offensive. You acknowledge that the Hospital is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of any link does not imply endorsement by the Hospital of the site. Use of any such Linked Site is at the user’s own risk.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, these Terms of Use, including all documents incorporated by reference, constitutes the entire agreement between you and the Hospital regarding the Websites and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and the Hospital regarding the Websites. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

CHOICE OF LAW AND FORUM

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Nebraska, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Websites shall be filed only in the state or federal courts located in the State of Nebraska, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

LAST REVISED: 12/13/18

DOCS/2179540.2