|EDWARD HEALTH SERVICES CORPORATION TERMS AND CONDITIONS
Welcome to the web site operated by Edward Health Services Corporation and its affiliates, including without limitation Edward Hospital ("Edward"). This web site (the "Edward Web Site" or the "Web Site") provides general health information free of charge to users in the United States.
Edward may revise and update these Terms and Conditions at any time by posting the amended terms to this web site. Your continued use of the Edward Web Site means you accept and agree to the revised Terms and Conditions of Use. If you disagree with the Terms and Conditions of Use (as amended from time to time) or are dissatisfied with this Web Site, your sole and exclusive remedy is to discontinue using this Web Site.
MEDICAL ADVICE IS NOT PROVIDED ON THIS WEB SITE
The information and content contained on the Edward Web Site is for informational purposes only and is never intended to be a substitute for or relied on for professional medical advice, diagnosis or treatment.
If you think you may be experiencing a medical emergency, immediately call your doctor or 911. You should always seek the advice of your physician or other qualified health provider concerning your health or any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking such advice because of information or opinions on the Edward Web Site.
Edward does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Web Site. Reliance on any information provided by Edward, Edward employees and medical staff, others appearing on the Web Site at the invitation of Edward, or other visitors or contributors to the Web Site is solely at your own risk.
Some parts of the Edward Web Site are conducted by physicians and other medical providers. None of these health care professionals is entering into a physician-patient relationship with you by providing services or opinions on this Web Site. These health care professionals will not diagnose, treat or prescribe medications or treatment from this Web Site.
USE OF EDWARD WEB SITE
(a) You agree to use the Edward Web Site only for lawful purposes. Specifically you agree not to do any of the following: (1) upload to or transmit on the Edward Web Site any defamatory, indecent, obscene, harassing, excessively violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Edward Web Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload or transmit on the Edward Web Site any advertisements or solicitations of business; (6) restrict or inhibit other Subscribers' use of the Edward Web Site; (7) upload or otherwise transmit files that contain a virus or otherwise corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Edward Web Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Edward Web Site); (10) post "spam", chain letters or engage in other similar activities or (11) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Edward Web Site, or which, as determined by Edward, exposes Edward or users of the Edward Web Site to any liability or detriment of any type.
(b) Any content and/or opinions uploaded, expressed or submitted to a message board, chatroom or any other publicly available section of the Edward Web Site, and all articles and responses to questions, other than such content provided by Edward, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Edward. You understand and acknowledge that you are responsible for whatever content you submit, and you, not Edward, have full responsibility for such content, including its legality, reliability, appropriateness. By uploading or otherwise transmitting material to any area of the Edward Web Site, you warrant that the material is your own, is in the public domain, or otherwise free of proprietary or other restrictions and that you have the right to use it, including by posting it to the Edward Web Site. You grant to Edward the right to use all content you upload or otherwise transmit to the Edward Web Site, excluding personal health information transmitted to the Edward Health Info Center, in any manner Edward chooses, including but not limited to copying, displaying or performing, or publishing it in any format whatsoever, and modifying it, incorporating it into other material or making a derivative work based on it.
(c) Edward reserves the right, but does not assume any responsibility, to (1) remove from the Edward Web Site any material posted by you on the Edward Web Site which Edward, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Edward has been notified, or has reason to believe, constitutes a copyright infringement; (2) terminate your access to all or part of the Edward Web Site. However, Edward can neither review all material prior to transmission on the Edward Web Site nor ensure prompt action with respect to objectionable material after it is transmitted on the Edward Web Site. Accordingly, Edward assumes no liability for any action or inaction regarding transmissions, communications, or other content that is provided by third parties. Edward reserves the right to take any action it deems necessary to protect the personal safety of users of the Web Site and the public, however, Edward has no liability or responsibility to anyone for performance or nonperformance of the activities in this paragraph.
(d) Your failure to comply with the provisions of (a) or (b) above may result in the termination of your subscription to the Edward Web Site and may expose you to civil and/or criminal liability.
COPYRIGHT RESTRICTIONS/USE OF CONTENT
The materials hosted on the Edward Web Site are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized to use the content on the Edward Web Site for personal use only. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this site without the prior written consent of Edward, except as follows. You may store copies of such materials temporarily in RAM and may store files that are automatically cached by your web browser for display enhancement purposes and you may print a reasonable number of pages of the Edward Web Site for your personal use; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither title nor intellectual property rights to any information or material in this site are transferred to you, but remain with Edward or the applicable owner of such content.
The term "Edward" is a registered trademark, and the "Edward" logo and all related product and service names, designs, and slogans are the trademarks or service marks of Edward Hospital. All other product and service marks on this site are the trademarks of their respective owners
LIABILITY OF EDWARD AND ITS LICENSORS
Edward does not assume any liability for the content, materials, information and opinions provided on the Edward Web Site. Reliance on any such information is solely at your risk. Edward disclaims any liability for injury or damages resulting from use of any information contained on the Edward Web Site.
THE EDWARD WEB SITE AND INFORMATION PROVIDED ON THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. NEITHER EDWARD NOR ANY PERSON ASSOCIATED WITH EDWARD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE EDWARD WEB SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER EDWARD NOR ANYONE ASSOCIATED WITH EDWARD WARRANTS OR REPRESENTS THAT THE EDWARD WEB SITE OR THE INFORMATION PROVIDED ON THAT WEB SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE EDWARD WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE EDWARD WEB SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. EDWARD DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. IN NO EVENT WILL EDWARD OR ITS CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE EDWARD WEB SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE EDWARD WEB SITE OR THE CONTENT TRANSMITTED ON THE EDWARD WEB SITE OR PERSONAL INJURY, WHETHER OR NOT THERE IS NEGLIGENCE BY EDWARD AND WHETHER OR NOT EDWARD HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
You agree to indemnify and hold harmless Edward, its officers, directors, employees, agents, affiliates, third-party information providers, licensors, health care professionals and others involved in the delivery of the Edward Web Site or the delivery of services or information over the Edward Web Site, from and against any and all liabilities, expenses, damages, and costs, including reasonable attorney's fees, arising from your use of the Edward Web Site or any information obtained from the Web Site or from any violation by you of this Agreement.
PRIVACY; PROTECTION OF PERSONAL INFORMATION
COMMENTS AND SUBMISSIONS
Edward welcomes your comments. All comments, suggestions or other information sent by you to this site for internal use by Edward or its advertisers or business partners or in response to solicitations on this site, will become Edward's property, you agree that all intellectual property rights therein are transferred to Edward. You understand that any postings to publicly available portions of the Edward Web Site are non-confidential for all purposes.
PASSWORD PROTECTED AREAS OF THE EDWARD WEB SITE
Edward does not warrant or represent that the information you submit to the Edward Health Info Center will be protected against loss, misuse, or alteration by third parties.
You are responsible for taking all steps to ensure that no other person has access to your Edward Health Info Center password or account. It is your sole responsibility to (1) control the dissemination and use of your passwords; (2) authorize, monitor, and control access to and use of your Edward Health Info Center password; (3) promptly inform Edward of any need to deactivate a password. You permit Edward and all other persons or entities involved in the operation of the Web Site to transmit, monitor, retrieve, store and use your information in connection with the operation of the Edward Health Info Center. Edward does not and can not assume any responsibility or liability for any information submitted by you to the Edward Health Info Center or for your or third parties' use or misuse of information transmitted or received through the Edward Health Info Center.
ADVERTISEMENTS AND LINKS TO OTHER SITES
The Edward Web Site contains links to other web sites on the Internet. Edward does not endorse the content on any third party web sites. Edward is not responsible for the content of linked third-party sites, sites framed within the Edward Web Site, or third party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such web sites.
This site is operated from a site in the State of Illinois, USA. Edward makes no representation that materials in this site are appropriate or available for use in other locations. If you access this site from other locations, you are responsible for complying with local laws.
Please contact Jill Newham, Director, Marketing Communications, at 630/527-3902 or firstname.lastname@example.org if you become aware of any content that you believe to be in violation of these Terms and Conditions of Use, including without limitation, claims that any content on the Edward Web Site infringes the copyright of a third party.
These Terms and Conditions shall be governed in all respects by and construed in accordance with the laws of the State of Illinois, USA, without regard to its conflicts of law principles. These Terms and Conditions, as they may be amended from time to time, completely and exclusively state the agreement between you and Edward with respect to the Edward Web Site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the Edward Web Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Exclusive jurisdiction over any cause of action arising out of these Terms and Conditions or your use of the Edward Web Site shall be in the state or federal courts located in Cook County, Illinois. You agree to submit to the jurisdiction of such courts. If any part of these Terms and Conditions is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms and Conditions shall remain in full force and effect. Edward's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and Edward nor any trade practices shall be deemed to modify these Terms and Conditions.
Edward Health Services Corporation and our affiliates (collectively referred to as "EHSC") are committed to protecting the privacy of the users of our sites.
Personal Identification Information
If you do provide us with Personal Information, we may use it in order to conduct the activities or provide you with services and resources described above. If you identify yourself to us by sending us an e-mail with questions or comments, we may use your personal information to respond to your questions or comments. We may file your comments for future reference.
If you give us your permission, we may also use Personal Information for internal or external marketing and promotional purposes. On occasion, for example, we may send you e-mails to introduce a product or service that we think might be of interest to the users of the EHSC Web Site. For us to obtain your permission to send you this information, we will give you an opportunity to "opt-in" at the time our request for your personal information is made. Please note, however, that under certain circumstances, if you do not choose to "opt-in," you may not be eligible for certain services or functions of the EHSC Web Site for which a name, e-mail address, telephone number or other personal identification information is necessary.
We also reserve the right to provide or use your Personal Information in the following circumstances. We will release specific information about you or your account to comply with any valid legal process such as a search warrant, subpoena, statute or court order. We will also release specific information in special cases, such as if there is an attempted breach of the security of the EHSC Web Site, or a physical threat to you or others.
We urge you to be careful about giving out your personal information in messages sent on our site, for example, in a chat room or bulletin board. Information that you provide on a chat room, bulletin board or other publicly available area of our web site may be viewed by any user of the EHSC Web Site. If you make information available in these forums, it is available publicly and we are not able to protect the privacy of such information. Your disclosure of such information is at your own risk.
Information and The Use of Cookie Technology
In the future, the Edward Web Site will collect information through the use of "cookies" which are computer files that are transferred to a computer's hard drive and which permit us to know frequency of visits to our site as well as what activities are conducted on the EHSC Web Site. Information collected from a "cookie" might include information regarding your browser, type of computer, operating systems, Internet service providers and other similar information. Our system also automatically gathers information about the areas you visit on our sites and about the links you may select from within our site to other areas of the World Wide Web.
We will use such information in the aggregate to understand how our users use the services and resources provided on our sites. This will provide us information regarding which areas of the Edward Web Site are popular with our users, which areas are not as popular and may require improvement, and what technologies are being used by users of our site. This information helps us to update and improve the EHSC Web Site.
We may share this aggregate statistical information with our partners, suppliers and other third parties, but we will not share any individual names, personal navigational or other personal information.
Links to Other Sites
Our web site contains links to other web sites operated by third parties that may be of interest to you. However, we do not and cannot control the information and content or links contained on these sites. Furthermore, we do not and cannot control the way in which these web sites collect and/or use your Personal Information. Therefore, EHSC disclaims any liability for any third party web site's use of your Personal Information obtained through using the third party web site. Use of linked sites, including links through advertisements, is at your risk.
We believe that protecting the security of your information is important. Therefore, we have taken certain security measures in an attempt to protect your information. The security method used by the Edward Web Site is secure socket layers ("SSL") technology.
Privacy of Children
We are committed to protecting the privacy of children. The EHSC Web Site is not intended or designed to attract children under the age of 13. We do not intentionally collect Personal Information from any person we actually know is a child under the age of 13.
Access To/Correction of Information
Please send us an e-mail message at www.edward.org/ContactUs to request access to any personal information that we have retained about you in our user database. At your request, we will revise personal information about you that you inform us is in error. Please send an e-mail message to request a correction of your personal information.
Your Acceptance of These Terms