Website Terms of Service
This is an agreement between Adventist HealthCare (“Adventist,” also referred to as “we” or “us” here ) and the user of this Site (referred to as “you” here). This Site provides information for a number of Adventist owned or operated entities, such as clinics, nursing homes and rehabilitation centers, hospitals and other health care related services (“Adventist Facilities”).
Adventist Facilities include entities that are subject to the provisions of a federal law known as HIPAA, called “covered entities” under HIPAA. Important information about how those entities use and disclose your personally identifiable medical information, such as information about your medical treatment, your health conditions, and your insurance coverage, called “protected health information”, is contained in our Notice of Privacy Practices. As to protected health information, the provisions of our Notice of Privacy Practices controls in the event it conflicts with the provisions of these Terms of Service or our Privacy Practices.
The Site encompasses Adventist Facility websites, including but not limited to http://www.adventisthealthcare.com and all associated Company web pages, on-line tools, patient portals, including without limitation all content, materials, information, policies and modifications, updates, enhancements, revisions, new features, and or new web properties of such pages, along with the service provided through such web pages. The purpose of the Site is to provide the following Services (collectively, the “Services”): (a) provide users of the publicly accessible portion of the Site with access to certain content concerning Adventist and related information as a complementary service for informational or educational purposes only, and (b) provide certain tools such as those described below through a non-public portion of the Site. References in these Terms of Service to the Site include the “Services”, unless the context requires otherwise.
- Some areas of this site may be visited by any member of the public, subject to the terms of this agreement.
- Some areas of this site can only be properly accessed by patients and prospective patients, such as the areas used to fill our pre-registration forms, referred to as an “Account”. Only patients and prospective patients may enter passwords and identification data at those pages, or view any information normally and properly accessed via those pages.
- Persons duly authorized by Adventist may access any page or data on this Site, and such persons are bound by written confidentiality agreements or equivalent Adventist policies to keep non public information confidential.
We may terminate your access to the Site or any part of it at any time with or without notice, in our sole discretion.
Modification of Terms of Service
You acknowledge that you are 18 years of age or older. Those under the age of 18 are not allowed to visit or otherwise use the Site on their own behalf, and we do not knowingly collect information from such persons.
No False Information
You shall not provide any false Account or other information in connection with the use of this site. Also, you agree to update or correct any information which you have provided through this Site if such information becomes outdated or misleading. You must use the Site consistent with all applicable laws and regulations.
Information Not Guaranteed to be Reliable
The information on this site comes from a variety of sources and includes information that is subject to change without notice. Adventist cannot guarantee and does not warrant that the information is accurate, complete, or current; or that your access will be uninterrupted; or that material accessible from this site is free of viruses or other harmful computer code. The accuracy and timeliness of the data is subject to delays in connectivity across the internet, your systems, and other facilities outside the control of Adventist. You must independently verify the accuracy of any information presented here.
Ownership and Other Intellectual Property Rights
This Site and all its pages are copyrighted by us, © 2002-15, Adventist HealthCare, all rights reserved. The only exceptions are materials copyrighted by our licensors, used here by permission. The distinctive “A” logo appearing throughout the site is a registered trademark of Adventist. With respect to all the materials on this site, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such information, including by caching, framing, deep linking or similar means, except as provided in the next paragraph.
You may make personal copies of materials copyrighted by Adventist, solely for your personal use if you do not change the pages or text in any way, retaining any proprietary notices.
If you submit information or materials to us (including without limitation ideas, comments, suggestions or strategies) through or relating to the Site or the Services, you represent and warrant that you have the unrestricted right to do so, without violation of the rights of any third-party, including any intellectual property rights of a third party and you grant Adventist an unrestricted, perpetual, irrevocable, royalty free, worldwide, transferable and sublicenseable license to use such information or materials in any way for any commercial or non-commercial purposes and to make derivative works from those materials or information. You agree that you will not be compensated or credited for any such use.
Restrictions on the Use of this Site
You may not access or use, or attempt to access or use, the Site to take any action that could harm us or any third party, interfere with the operation of the Site or use the Service in a manner that violates any laws. Without limiting the foregoing, you specifically agree not to:
Impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with any person or entity or the origin of any information you provide;
Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site, or any activity conducted on the Site or attempt to probe, scan, test the vulnerability of, or breach the security of this Site or any Adventist system or network;
Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of the Site. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited;
Engage in use of bots, spiders, scraping, or harvesting of content or information, or use any other unauthorized automated means to compile information;
Obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Service;
Take any action that imposes an unreasonable or disproportionately large load on the Adventist network or infrastructure;
Upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to Adventist’s or other users’ computers or systems; or
Engage in any other conduct that restricts or inhibits any person from using or enjoying the Site, or that, in our sole judgement, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
Violations of Site or Adventist system or network security and certain other conduct prohibited by these Terms of Service may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Site for any or no reason at any time without notice.
In the event you establish an Account and receive or establish a password for such Account, you are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You accept full responsibility and liability for all activities that occur under your Account or password. Adventist reserves the right to refuse service, terminate Accounts or to remove Account content in its sole discretion.
You agree to notify Adventist immediately of any unauthorized use or threat of unauthorized use of your Account or the Site or of any other breach or potential breach of security known to you with respect to your Account or the Site, including without limitation any loss or compromise of any password, and will cooperate with Adventist in every reasonable way to help us prevent the further unauthorized use, threat of unauthorized use, disclosure or threat of disclosure regarding the Site, your Account and/or your password. You agree that immediately upon termination of your right to use the Site, a Service or an Account or any other password-protected portion of the Site, or upon any earlier demand by Company at any time, you will cease all access and/or use of the Site or such password protected portion of the Site, and will not attempt to access and/or use same. You may notify us as set stated later in these Terms of Service.
WE HAVE NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY OF YOUR DATA OR DATA ON THIS SITE. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM YOURUSE OF THE SITEOR ANY CONTENT POSTED ON THE SITE, AVAILABLE THROUGH THE SITE, OR TRANSMITTED TO ANYONE, OR ANY INTERACTIONS BETWEEN USERS OF THE SITE, WHETHER ONLINE OR OFFLINE.
YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND SOLE RESPONSIBILITY. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND TITLE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, TO THE EXTENT THAT THE SITE PROVIDES YOU WITH ACCESS TO EDUCATIONAL RESOURCES AND CLASSES OR ASSISTS YOU IN LOCATING A PHYSICIAN OR OTHER HEALTH CARE PROVIDER, YOUR USE OF MATERIALS OR CLASSES OR YOUR SELECTING A PHYSICIAN OR OTHER HEALTH CARE PROVIDER IS SOLELY YOUR RESPONSIBILITY AND THE FOREGOING EXCLUSION OF WARRANTIES BY ADVENTIST EXPRESSLY APPLIES.
Limitation on Liability
IN NO EVENT SHALL ADVENTIST BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE SAME, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH OR VIEWED ON THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHERWISE, EVEN IF ADVENTIST HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM ADVENTIST’S NEGLIGENCE OR GROSS NEGLIGENCE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY OF ADVENTIST SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONAL DISCLAIMERS APPEAR WITHIN THE BODY OF THE SITE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THE SITE OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY. THIS INDEMNIFICATION SHALL APPLY TO THIRD PARTY CLAIMS AS WELL AS CLAIMS BETWEEN YOU AND US.REFERENCES TO ADVENTIST IN THIS LIMITATION ON LIABILITY SPECIFICALLY INCLUDE ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND RELATED PARTIES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ADVENTIST’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER RELATED TO YOUR USE OF THIS SITE, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMIM OF $100.00.
Adventist and Social Media
By interacting with Adventist on social media (including but not limited to, Facebook, Twitter, YouTube), you acknowledge and agree that you may be voluntarily sharing aspects of your personal health information on a public forum. Federal and state laws protecting the privacy of your personal health information may not be applicable. Questions about medical concerns must be answered by your physician or other licensed health care providers. Adventist will not respond to specific individual inquiries regarding a medical condition or disease via social media. Any information you receive through social media sites does not constitute medical advice, medical recommendations, diagnosis, treatment or cure.
Adventist respects the intellectual property of others and asks that our users do the same. It is our policy to respond expeditiously to claims of intellectual property infringement by promptly processing and investigating notices of alleged infringement and taking appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws. If you believe that your copyrighted work is accessible on the website in a way that constitutes copyright infringement, you may notify us by providing our Copyright Agent with the following information: 1) the electronic or physical signature of the owner of the copyright or of the person authorized to act on the owner's behalf; 2) identification of the copyrighted work or other intellectual property that you claim is being infringed; 3) identification of the material that you claim is infringing; 4) identification of the URL or other specific location on the website where the material that you claim is infringing is located (please be as specific as possible); 5) your name, address, telephone number, and email address; 6) 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; and 7) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf. Adventist's Copyright Agent for Notice of claims of copyright infringement on the Site: Ken DeStefano, Vice President & General Counsel, Adventist HealthCare, 820 West Diamond Avenue, Suite 600, Gaithersburg, MD 20878.
You agree that you will indemnify, defend (or settle) and hold harmless Adventist (specifically including its officers, directors, agents, employees, contractors, affiliates, and related parties. (collectively, “Adventist Indemnitees”) from all claims, actions, proceedings, losses, settlements, judgments, liabilities, suits, damages, disputes or demands, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, and including reasonable attorneys fees and all other costs, fees, and expenses (collectively, “Claims”) against any of Adventist Indemnitees to the fullest extent permitted by law arising out of or in connection with (1) your access to or use of the Site, or such actions by any third party through you; (2) your violation of the rights of another person or party through or related to this Site or such actions by any third party through you; (3) any materials made available by you to Adventist through or related to this Site; and (4) any breach or violation by you of your obligations under these Terms of Service or such breach or violation by any third party through you. In connection with any Claims that may give rise to your indemnification obligations as set forth above, Adventist Entities shall have the exclusive right, at their option, to defend, compromise and/or settle the suit, action or proceeding at your expense, and you shall be bound by the determination of any suit, action or proceeding so defended or any compromise or settlement so effected. You will not compromise or settle any indemnified claim without the prior written consent of Adventist. The remedies provided in this Section are not exclusive of and do not limit any other remedies that may be available to Adventist pursuant to these Terms of Service.
Full and Complete Agreement Regarding Website
No waiver, modification or amendment of any of these terms and conditions shall be effective against Adventist unless it is in writing and signed by an authorized official of Adventist. We do not waive any power or right under this agreement even if we don’t always insist on strict compliance with any of these terms and conditions, or if we delay or fail to exercise any power or right given to us in this agreement.
All rights and remedies given to Adventist in these terms and conditions are cumulative and not exclusive of any other rights or remedies which Adventist otherwise has at law or equity.
These Terms of Service shall be binding upon you and your executors, heirs, successors and assigns.
These Terms of Service and your rights and obligations here under may not be assigned by you without the prior written permission of Adventist and shall inure to the benefit of Adventist’s successors and assigns whether by merger, consolidation or otherwise. Adventist may assign this agreement or any of its rights or obligations under these terms and conditions.
Any cause of action you may have with respect to your use of the website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Service and the remainder of these Terms of Service shall continue in full force and effect. A printed version of these Terms of Service shall be admissible in judicial or administrative proceedings.
Choice of Law and Personal Jurisdiction; Jury Trial
This website is created and controlled by us in the State of Maryland, U.S.A. The laws of the State of Maryland govern any disputes between you and us arising in connection with this agreement, without giving effect to any principles of conflicts of laws.
SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN AN APPROPRIATE STATE OR FEDERAL COURT WITH JURISDICTION OVER THE COUNTY OF MONTGOMERY, STATE OF MARYLAND AND THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL.
Notices to Adventist under these Terms shall be sufficient only if in writing and delivered by a major commercial rapid delivery courier service, or mailed, postage or charges prepaid, by certified or registered mail, return receipt requested, to Company, at the following address with such notices being effective as of the date of actual, confirmed receipt by Company: Ken DeStefano, Vice President & General Counsel, Adventist HealthCare, 820 West Diamond Avenue, Suite 600, Gaithersburg, MD 20878.
Notices to you are deemed effective if sent to the email, fax, mail address or other contact information provided by you to Adventist, and are deemed effective upon the earlier of being confirmed received or one day after having been sent.
Effective Date: October 1, 2015