Dignity Health Management Services (DHMSO) Terms of Service
THIS IS YOUR BINDING CONTRACT WITH US
Please read these TERMS OF SERVICE (TOS) carefully.
Welcome to our website and online service, an online information and communications service, that may include various functionality, blogs, subscription services, news, events, consumer login services and any other services provided on this website (collectively referred to as the “Website Services.”) We make the Website Services available to you in exchange for your agreement with all of the terms and conditions below. The manager and operator of the Website Services are identified at the very top of this webpage and are variously referred to below as “we,” “us,” or “our.”
Any person or entity accessing, using or subscribing, either for themselves on behalf of their employer, to certain or all of the Website Services, either directly or indirectly, is variously referred to as “you” or “your.”
THIS IS A BINDING CONTRACT WITH YOU. BY ACCESSING, USING OR SUBSCRIBING TO ANY OR ALL OF THE WEBSITE SERVICES, YOU ARE ACCEPTING ALL OF THESE TERMS AND CONDITIONS, (collectively referred to as the “Terms of Service” or “TOS.”) THIS TOS INCLUDES ALL INFORMATION, NOTICES AND POLICIES, INCLUDING ANY WEBSITE PRIVACY NOTICE AND ANY SUPPLEMENTAL TOS THAT MAY BE HYPERLINKLINKED WITHIN THE WEBSITE SERVICES, AS ALL OF THE TOS NOTICES TOGETHER GOVERN YOUR ACCESS AND SUBSCRIPTION TO OR USE OF THE WEBSITE SERVICES.
PLEASE NOTE THAT SOME RELATED WEBSITES AND THEIR SERVICES (INCLUDING SPECIFIC FUNCTIONALITIES) MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS. BY USING ANY RELATED WEBSITE OR SUBSCRIBING TO OR USING ANY OF THE SERVICES ON THOSE WEBSITES, YOU ARE ACCEPTING ALL OF THE TERMS AND CONDITIONS THAT APPLY TO THOSE WEBSITES AND SERVICES.
IF YOU DO NOT AGREE TO THIS TOS, DO NOT USE OR SUBSCRIBE TO THE WEBSITE SERVICES AND PROMPTLY EXIT THIS WEBSITE.
NOTICES OF REVISIONS, CHANGES, AND UPDATES
We may make changes to the Website Services and/or this TOS (including any information and policies linked to this TOS), at any time. When we make such changes and they modify how we use existing information about you, we will make reasonable efforts to notify you via any Website Services’ account you may have with us or subscription email address that you have provided to us. Any such changes will become effective on the date of our posting the revised TOS on the Website Services, and will apply to both information about you we already have at the time of the change and any information about you provide us after the date of posting.
The most recent date on which changes have been made to the TOS can be found at the top right corner of this website page. We encourage you to check regularly for updates to the TOS and to reread the terms and conditions in their entirety whenever there are updates.
YOU AGREE THAT YOUR ACCESS TO OR USE OF THE WEBSITE SERVICES ON OR AFTER CHANGES TO THE TOS ARE POSTED TO THE WEBSITE SERVICES CONSITUTES YOUR ACCEPTANCE OF THE TOS AS IT APPEARS AT THE TIME OF YOUR ACCESS TO OR USE OF THE WEBSITE SERVICES.
THESES WEBSITE SERVICES DO NOT PROVIDE MEDICAL ADVICE.
ONLY ADULTS MAY ACCESS AND USE THE WEBSITE SERVICES
It is our policy that only adults (18 years of age and older) within the United States of America and its territories may access and use these Website Services.
No Guarantee Of Reliability Of Content; NO RESPONSIBILITY FOR CONTENT ON EXTERNAL WEBSITES
We strive to post information, content and materials on the Website Services (referred to as “Content” that is credible, accurate and up-to-date. However, we cannot guarantee that any of the Content provided through the Website Services is accurate or up-to-date or that the source of any Content is credible. We encourage you to submit any comments or concerns you may have about any Content on the Website Services by contacting us via the Contact Us link at the top of this webpage.
About our Content and Product Endorsement
Where Our Content Comes From
The Content available through the Website Services is either (1) authored or produced by our staff and consultants, or (2) licensed from outside sources.
No Responsibility for Linked Websites
For informational purposes only, the Website Services may include hyperlinks to external websites with information about third party products and services. Because we have no control over such external websites, we are not responsible for the availability of such external websites, and we do not endorse and are not responsible for any content, advertising, products, services or other materials or information available from such external websites (referred to as “External Content” in these terms and conditions). In addition, we are not responsible for your use of, or reliance upon, any External Content. When you click on a hyperlink to an external website, we will advise that you are exiting the Website Services if it’s not obvious.
Endorsement of Products or Third Party Services.
Our inclusion of specific products or services on the Website Services does not constitute or imply our recommendation or endorsement of such products or services unless specifically stated otherwise.
Content and conflict-Of-Interest Policy
To keep the Content on our website free from bias, we ask the creators or authors of the Content to disclose to us any potential conflicts of interest they may have. Possible conflicts of interest include financial relationships or other affiliations with businesses or organizations that promote or sell products or services that are the subjects of the health information being considered. If we are made aware that such a conflict-of-interest exists or that there would be a reasonable perception by users that a conflict-of-interest could exist, the author may be excluded from contributing Content for that particular topic or asked to dislose such conflict at the end of the posted Content.
OUR AND YOUR SECURITY MEASURES
Protecting information provided by you is an important priority for us. In addition to applying confidentiality policies that govern access to and use of such information by our personnel, we have implemented security features and methods to protect your data in our information systems, including using session encryption and network firewalls, and monitoring for unauthorized access. But it’s important that you also take appropriate messaures to secure your own computer or other device when on the Internet and only access the login sections of the Website Services when you are sure you have a secure computer and on a secure connection; using other people’s WiFi to connect to the WebSite Services may not be safe.
OUR RIGHTS TO USE CONTENT YOU SUBMIT TO THE WEBSITE SERVICES
Some of the Website Services allow you to submit content such as by posting messages, creating or modifying a home page, chatting, uploading files, inputting data, transmitting e-mail or engaging in any other form of communication (“User Content.”)
You retain ownership of any intellectual property rights that you hold in User Content. When you submit User Content to the Website Services, you give us (and third parties we work with to provide the Website Services) an unrestricted, worldwide, perpetual irrevocable license to use the User Content in connection with operating, promoting and improving the Website Services and to translate, adapt, communicate, publish, publicly perform, commercialize, publicly display, transmit and distribute the User Content, in all media now known or developed in the future. This license continues even if you stop using the Website Services, except where you request in writing to us that we remove your posted User Content as specifically identified by you and we have a ready means of identifying and verifying such User Content and can remove it in the oridinary course of providing the Website Services. By submitting the User Content to the Website Services, you are representing and warranting that you have the necessary rights to grant us the above license for such User Content.
No compensation will be paid with respect to the use of User Content. We have no obligation to post or use any User Content you may provide and may remove any User Content at any time in our sole discretion. In addition, if you submit feedback or suggestions about the Website Services, we may use your feedback or suggestions without obligation or compensation to you.
OUR INTELLECTUAL PROPERTY RIGHTS; LICENSE TO USE WEBSITE SERVICES AND CONTENT, AND PROHIBITED CONDUCT
The Website Services (or any portion of the Website Services) and all of the content including, text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, look and feel and software, is the property of us or our licensors, and are protected by United States and international copyright laws. Except as provided in the next paragraph, you are expressly prohibited from reproducing, duplicating, copying, publishing, selling or otherwise exploiting for any commercial purpose the Content, in whole or in part, for any reason, unless prior written consent is obtained from the copyright holder(s). Copyright 1996 to 2020. All rights reserved for all countries.
You may use and view the Content for you personal use only, provided that such view and use is either within the Website Services or, with respect to a pdf formatted document, by manually downloading or printing certain of the content for your personal use. Any automated process or use of a bot for this purpose is strictly prohibited. Unless specifically authorized in writing by us, any other use of the website content is expressly prohibited. Otherwise, permission to reprint or electronically reproduce any document or graphic in whole or in part for any reason is expressly prohibited, unless prior written consent is obtained from the copyright holder(s). Any rights not expressly granted by these terms and conditions or any applicable end-user license agreements are reserved by us.
Trademarks and Service Marks
The names, words, symbols, and graphics representing “Dignity Health Management Services” “Hellohumankindness” and “Dignity Health MSO,” “DHMSO,” and other trademarks so indicated are our trademarks or those of our customers and are protected by trademark laws of the United States and other countries. Other proprietary information may be designated through use of the TM, SM, or ® symbols. Except as permitted by law, or under the Copyright section above, you may not use any of our logos, look and feel or other trademarks for any purpose. Any such permitted use, including, but not limited to, for metatags or in any other fashion must not create a false or misleading impression of affiliation with or endorsement or sponsorship by us.
Limited license to Use Website Services and Prohibited Conduct
We grant you a limited, revocable, nontransferable and nonexclusive license to access and make personal use of the Website Services and the Content. This limited, revocable license does not include the right to:
- any use of the Content for the benefit of a third party or for personal financial benefit, except as the Website Services contemplated by this TOS;
- any derivative use of the Website Services or the content;
- any transmission or provision of any content from the Website Services to a third party, except as specifically provided by these terms and conditions;
- any incorporation of the Content from the Website Services in a product designed, developed, marketed, sold or licensed by you or on your behalf;
- any use of data mining, robots, or similar data gathering and extraction tools; or
- any use of the Website Services in a manner contrary to any applicable law.
Any unauthorized use of the Website Services, the Content or the trademarks automatically terminates the licenses granted by you in this TOS. We reserve the right to block access, refuse services or remove or edit Content in connection with the Website Services.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE SERVICES IS AT YOUR OWN RISK.
THE WEBSITE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE SERVICES (INCLUDING HYPERLINKED WEBSITES), ARE BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER WE NOR ANY OTHER PERSON OR ENTITY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE SERVICES (INCLUDING HYPERLINKED WEBSITES). 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 SERVICES OR GIVEN BY US OR ANY OTHER PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, OUR EMPLOYEES AND REPRESENTATIVES) SHALL CREATE A WARRANTY NOR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
WITHOUT LIMITING THE FOREGOING, NO REPRESENTATIONS OR WARRANTIES ARE MADE REGARDING THE FOLLOWING:
- The accuracy, reliability, completeness, currentness, or timeliness of Content, software, text, graphics, links, or communications provided on or through the use of the Website Services.
- The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the content contained on the Website Services.(Note to AOF: Applicable?)
- We do not warrant that the Website Services, Content, products (including software) or services included on or otherwise made available to you through the Website Services (including hyperlinked websites), their servers or electronic communications sent from us are free of viruses, worms, trojan horses or any other harmful components. You are responsible for backing up your data on your computer hard drives so that you can reconstruct any lost data.
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 MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
LIMITATION OF LIABILITY.
THIS SECTION LIMITS OUR LIABILITY TO YOU.
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 WEBSITE SERVICES, ITS RELATED SERVICES AND PRODUCTS, CONTENT CONTAINED WITHIN THE WEBSITE 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 WEBSITE SERVICES, ITS RELATED SERVICES AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE WEBSITE SERVICES AND/OR THOSE SERVICES.
IN THE EVENT WE ARE FOUND TO BE LIABLE BASED ON A CLAIM RELATED TO THE WEBSITE SERVICES OR THIS TOS SHALL, OUR TOTAL LIABILITY SHALL BE LIMITED TO $250.00 PER CLAIM.
CERTAIN STATE LAWS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. TO THE EXTENT THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOUR ARGEEMENT TO ARBITRATION AND WAIVER TO TRIAL BY JURY
Any dispute or claim relating in any way to Website Services, including but not limited to your access and use thereof will be resolved by binding arbitration, rather than trial by jury, except that you may make claims in small claims court if your claims qualify and we may bring suit in court to enjoin infringement or other misuse of our intellectual property rights or to protect the privacy rights of another individual.
Waiver Of Right To Trial
You are agreeing to waive your right to trial by jury, and we are agreeing to waive our right to trial by jury (except to the extent expressly stated in the “Binding Arbitration” provision above).
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow this TOS as a court would.
How To Begin Arbitration Proceedings
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our address as posted on the Website Services, Attention: General Counsel. The arbitration will be conducted by the American Arbitration Association (referred to as “AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse such fees for claims totaling less than $250.00 unless the arbitrator determines the claims are frivolous. Likewise, we will not to seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You or we may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
You Are Waiving Your Right to Bring A Claim As Part Of A Class Action.
YOU AGREE WITH US THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS action, CONSOLIDATED action OR REPRESENTATIVE ACTION.
IF, FOR ANY REASON, ANY CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AGREE WITH US TO ONLY BRING YOUR CLAIM ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS action, CONSOLIDATED action OR REPRESENTATIVE ACTION.
BY AGREEING TO THE ABOVE, YOU ARE AGREEING TO WAIVE ANY RIGHTS THAT YOU MAY HAVE TO BRING CLAIMS IN A CLASS action, CONSOLIDATED action OR REPRESENTATIVE ACTION.
If you believe that any Content on or from the Website Services infringes on your copyright, you may request removal of such Content (or access to such Content) from the Website Services by contacting our copyright agent (identified below) and providing all of the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of and hyperlink to the location of the allegedly infringing Content on the Website Services;
- Your address, telephone number and e-mail address;
- 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;
- 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 authorized to act on the copyright owner’s behalf.
Our copyright agent can be reached as follows:
198 Inverness Drive West
Englewood, CO 80112
Attention: General Counsel
OTHER LEGAL TERMS
Your right to use and access the Website Services is personal and specific to you, and you may not assign or transfer that right to any third party. We reserve the right to assign and transfer User Content and your data to a successor-in-interest or new owner if or when we, or a service we provide, are acquired in whole or in part by or merged with another entity or organization.
INVALIDITY OF A TERM OR CONDITION IN THIS TOS
If any of these conditions are deemed invalid, void or for any reason unenforceable, that condition shall be deemed removed and shall not affect the validity and enforceability of any remaining conditions.
Controling Law and Venue
Both the Website Services and this TOS shall be governed by and construed under the laws of the State of California without regard to those laws relating to conflict of laws. The venue of any action hereunder or related hereto shall be San Francisco, California.
QUESTIONS OR COMPLAINTS REGARDING THIS TOS
If you have any questions, complaints or comments about this TOS, including your rights under it, you can reach us at the Contact Us link above or by U.S. mail above for the copyright agent.