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Website Terms &
Conditions
THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT
TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET
FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION
CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL
INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND
CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT
THIS SITE. YOUR CONTINUED USE OF THIS SITE INDICATES
YOUR ACCEPTANCE OF THOSE TERMS AND CONDITIONS.
1. Privacy
Your privacy is of the utmost importance to us.
Please review Geisinger Health System Foundation’s
Privacy Statement for a thorough description of how
we gather, use, and protect your personal
information.
2. Restrictions on Use and
Ownership
All pages within this Web site and any material made
available for download (collectively referred to as
"the Site") are the property of Geisinger Health
System Foundation (hereafter referred to as "Geisinger"
or "GHS") and/or its subsidiaries and affiliates.
The content on the Site is provided for
informational purposes only. Geisinger hereby grants
you a nonexclusive license to use the Site solely
for your personal, non-commercial use and not to use
the Site to obtain materials, data, or information
for purposes of gaining a competitive advantage. As
a condition of your use of this Site, you warrant to
Geisinger that you will not use the Site for any
purpose that is unlawful or prohibited by these
Terms and Conditions. If you breach any of these
Terms and Conditions, your authorization to use this
Site automatically terminates and you must
immediately destroy any downloaded or printed
materials. The contents of the Site (including the
text, images, audio, and video) are copyrighted and
may not be distributed, modified, reproduced, or
used, in whole or in part, without the prior written
consent of Geisinger, except that you may download
content from the Site to any single computer for
your personal, non-commercial use only, provided you
keep intact all copyright, trademark, and other
proprietary notices and comply with any applicable
end user license agreements. For purposes of these
Terms and Conditions, any use of these materials on
any other Web site or networked computer environment
for any purpose is prohibited. Persons viewing this
Site may not make copies of any of the materials on
it for any purpose, with the sole exception of the
automatic copies that your Web browser may make to a
temporary cache on your computer’s hard drive for
ordinary private viewing purposes. Any rights not
expressly granted by these Terms and Conditions or
any applicable end user license agreements are
reserved by Geisinger.
3. Trademark Notice
www.convenient-clinic.com and
www.mycareworks.com are the trademarks and
service marks of Geisinger. All other trademarks,
service marks and logos used in this Site, including
but not limited to Epic, are the trademarks, service
marks, or logos of their respective owners. Nothing
on these Web sites should be construed as granting
any license or right to use any trademark, service
mark, or logo displayed on this Site without the
express written permission of Geisinger or the third
party that may own the trademark, service mark, or
logo.
4. Claims of Copyright
Infringement.
In accordance with the Digital Millennium Copyright
Act (17 U.S.C. § 512), GHS is registered with the
United States Copyright Office as a Service
Provider. Any notifications of claimed copyright
infringement must be sent to Geisinger Legal
Department, 100 N Academy Avenue, Danville, PA
17822. Other than as specifically noted, Geisinger
does not want to receive confidential or proprietary
information from you through the Site. Please note
that any information or material sent to Geisinger
through the Site, including email and all data,
images, sounds, text, and other things embodied
therein, (collectively "Communications") will be
deemed NOT to be confidential except as provided
otherwise by our privacy policy. By sending
Geisinger any Communications, you grant Geisinger an
unrestricted, irrevocable, world-wide, royalty free
license to use, reproduce, display, perform, modify,
transmit, and distribute those Communications in and
on all media now known or later developed, and you
also agree that Geisinger is free to use any ideas,
concepts, know-how, or techniques that you send us
for any purpose. You hereby waive your moral rights
in any such materials or information, and you hereby
warrant that any such materials and information are
original with you, or that you have the right to
submit such materials or information. You agree that
you shall have no recourse against Geisinger for any
alleged or actual infringement or misappropriation
of any proprietary right in your Communications to
us.
5. No Medical Advice
All health and health-related information contained
within this Web site is intended to be general in
nature and should not be used as a substitute for a
visit to a health care professional. The information
you obtain from this Site might be inappropriate for
your own situation or might be misinterpreted.
Geisinger assumes no responsibility for how you use
the information you obtain from this Site. No
application available through this Web site is a
substitute for appropriate and timely contact with
your physician. The Geisinger Web site is not a
substitute for consultation with your physician. You
should never change or stop any course of treatment
prescribed by your physician without first
consulting him or her. Also, please note that
although we strive to keep our information up to
date, medical information changes rapidly and some
information may be out of date. For advice about
your own situation, ask your doctor! Geisinger will
use your health information in order to provide you
with better health care services. Geisinger will, at
all times, maintain all of your medical information
in strict confidence and will not disclose any
information regarding you to any unaffiliated third
party unless you authorize that person to receive
your information or the information is required to
be disclosed by law. (For additional information,
please see Geisinger’s Privacy Statement. Geisinger
cannot ensure that the information contained on its
server will be available at all times, and because
you are responsible for inputting information onto
the Geisinger server, Geisinger cannot ensure that
the information provided by on its Web site will be
accurate. The Geisinger Web site is NOT designed to
make diagnoses or to help you make diagnoses. Only
your physician can properly diagnose and treat your
illness.
6. WARRANTY DISCLAIMER
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION
CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS
PROVIDED "AS IS," WITH ALL FAULTS, WITH NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU
ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF
THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED
WEB SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY GEISINGER OR GEISINGER’S AUTHORIZED
REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY
WAY INCREASE THE SCOPE OF THIS WARRANTY.
7. WAIVER, RELEASE AND
LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER GEISINGER, NOR ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS
OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER
ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION
WITH YOUR USE OF GEISINGER’S WEB SITE OR ANY RELATED
APPLICATIONS. YOU HEREBY RELEASE AND FOREVER WAIVE
ANY AND ALL CLAIMS YOU MAY HAVE AGAINST GEISINGER,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING BUT
NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR
DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF
GEISINGER’S WEB SITE. YOU ADDITIONALLY AGREE THAT,
IN THE EVENT SOMEONE OTHER THAN YOU GAINS ACCESS TO
THE MEDICAL INFORMATION FOUND ON GEISINGER’S WEB
SITE OR ANY RELATED APPLICATIONS EITHER THROUGH
THEFT OF YOUR PERSONAL IDENTITY, INTIMATE KNOWLEDGE
OF THE ANSWERS TO YOUR SECURITY QUESTIONS OR YOUR
FAILURE TO PROPERLY PROTECT YOUR PASSWORDS AND/OR
SECURITY QUESTION INFORMATION, YOU WAIVE ANY AND ALL
RIGHTS TO PURSUE GEISINGER OR ANY OF ITS AFFILIATES
FOR ANY CLAIM FOR DAMAGES OF ANY TYPE THAT MAY ARISE
OUT OF THIS IMPROPER ACCESS OR IDENTITY THEFT.
GEISINGER AND ITS AFFILIATES, SUPPLIERS, AND OTHER
THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER
RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, THOSE RESULTING FROM LOST
PROFITS, LOST DATA, OR BUSINESS INTERRUPTION)
ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE,
SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR
INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY
HYPERLINKED WEB SITE, 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 SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED
WEB SITES IS TO STOP USING THE SITE AND/OR THOSE
SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
8. Accuracy and Integrity
of Information
Although Geisinger attempts to ensure the integrity
and accurateness of the Site, it makes no guarantees
whatsoever as to the correctness or accuracy of the
Site. It is possible that the Site could include
typographical errors, inaccuracies or other errors,
and that unauthorized additions, deletions, and
alterations could be made to the Site by third
parties. In the event that an inaccuracy arises,
please inform Geisinger so that it can be corrected.
Information contained on the Site may be changed or
updated without notice.
9. Visitor Chat Rooms and
Other Interactive Areas
Geisinger may, but is not obligated to, monitor or
review any areas of the Site where visitors transmit
or post Communications or communicate solely with
each other, including, but not limited to, chat
rooms, bulletin boards, and other user forums, and
the content of any such Communications. Geisinger,
however, will have no liability related to the
content of any such Communications, whether or not
arising under the laws of copyright, libel, privacy,
obscenity, or otherwise. Geisinger retains the right
to remove, in its sole discretion, Communications
that include any material deemed abusive,
defamatory, obscene, or otherwise inappropriate.
10. Links or Pointers to
Other Sites
Geisinger makes available to you health news and
other health content as supplied by HealthGate Data
Corporation and other external sources. This
information is intended to be general in nature and
is provided to supplement the care provided by your
physician. It is neither intended nor implied to be
a substitute for professional medical advice. Always
seek the advise of your physician or other qualified
health provider prior to starting any new treatment
or with any questions you may have regarding your
medical condition. Geisinger makes no
representations whatsoever about any other Web site
that you may access through this Site or any entity
that may post its advertisements on this Site. When
you access a non-Geisinger site, please understand
that it is independent from Geisinger and that
Geisinger has no control over the content on that
Web site. In addition, a hyperlink to a non-Geisinger
Web site does not mean that Geisinger endorses or
accepts any responsibility for the content or the
use of the linked site. Geisinger does not represent
or endorse the accuracy or reliability of any of the
information, content, or advertisements contained
on, distributed through, linked, downloaded, or
accessed from any of the services contained on this
Web site, nor the quality of any products,
information, or other materials displayed,
purchased, or obtained by you as a result of an
advertisement or any other information or offer in
or in connection therewith. It is up to you to take
precautions to ensure that whatever you select for
your use or download is free of such items as
viruses, worms, Trojan horses, and other items of a
destructive nature. If you decide to access any of
the third party sites linked to this Site, you do
this entirely at your own risk.
11. Hyperlinks to This Site
Persons constructing other Web sites may, of course,
link to any of the pages on this Site. However, you
may not copy any of the materials from this Site
onto your own Web server for any reason. Also, you
may not link to isolated elements on this Site
(including photographs, illustrations, diagrams,
buttons, text, or any other elements whatsoever) for
the purpose of "inlining" them into the context of
other Web pages, or for linking such isolated
elements to other Web pages. In other words, link to
entire pages on this Site, or don’t link at all. Any
other use will be a violation of copyright and could
subject you to legal action.
12. Caching
Web mirror sites and commercial online services may
request written permission to cache this entire Site
to their hard drives for the purpose of enabling
people to access it more easily or view it more
rapidly. Note, however, that under no circumstances
will they be granted the right to copy parts of the
Site piecemeal, but only to copy the entire Site,
preserving all the interior and exterior links, and
not employing any of the materials out of their
original context. For permission to "mirror" the
Site, please send email describing your request.
13. Advertising
In accordance with Geisinger Health System's
Solicitation/Distribution policy, no advertisement
is accepted on this web site.
14. Choice of Law and Venue
These Terms and Conditions are entered into in the
Commonwealth of Pennsylvania and shall be governed
by and construed in accordance with the laws of
Commonwealth of Pennsylvania, exclusive of its
choice of law rules. Each party to these Terms and
Conditions submits to the exclusive jurisdiction of
the state courts sitting in Montour County,
Pennsylvania and the federal courts of the Middle
District of Pennsylvania, and waives any
jurisdictional, venue, or inconvenient forum
objections to such courts. In any action to enforce
these Terms and Conditions, the prevailing party
will be entitled to costs and attorneys’ fees. In
the event that any of the Terms and Conditions are
held by a court or other tribunal of competent
jurisdiction to be unenforceable, such provisions
shall be limited or eliminated to the minimum extent
necessary so that these Terms and Conditions shall
otherwise remain in full force and effect. Any cause
of action or claim you may have with respect to your
use of Geisinger’s Web site must be commenced within
one (1) year after the claim or cause of action
arises. Geisinger’s failure to insist upon or
enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any
provision or right.
15. Indemnification
You agree to indemnify, defend and hold harmless
Geisinger, its affiliates, officers, directors,
employees, agents, suppliers, and Licensors
(collectively the "Service Providers") from and
against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from
any violation of this Agreement or any activity
related to your use of Geisinger’s Web site or
account (including negligent or wrongful conduct) by
you or any other person accessing the Web site using
your account or password.
16. Third-Party Rights
The provisions of paragraphs 7 (Waiver, Release and
Limitation of Liability) and 14 (Indemnification)
and are for the benefit of Geisinger and its
officers, directors, employees, agents, suppliers,
and Licensors. Each of these individuals or entities
shall have the right to assert and enforce those
provisions directly against you on its own behalf.
17. Term; Termination
This Agreement shall commence upon your accessing
this Web site. Geisinger may terminate this
Agreement without prior notice at any time for any
reason including but not limited to personal account
access to any Geisinger Services and applications
due to extended periods of inactivity and upon
notification of your death. Access to Services and
accounts shall not be transferable to a third party
and may be terminated upon your death. The
provisions of the Disclaimer set forth above and of
paragraphs 4 (Claims of Copyright Infringement ), 13
(Choice of Law and Venue), 14 (Indemnification), and
15 (Third Party Rights) and shall survive any
termination of this Agreement.
18. Assignment
Geisinger may assign its rights and duties under
this Agreement to any party at any time without
notice to you.
19. Notice
Geisinger may deliver notice to you under this
Agreement by means of electronic mail, a general
notice on the Web site, or by written communication
delivered by first class U.S. mail to your address
on record in Geisinger’s account information.
20. Entire Agreement
These Terms and Conditions constitute the entire
agreement between Geisinger and you pertaining to
the subject matter hereof. In its sole discretion,
Geisinger may, from time to time, revise these Terms
and Conditions by updating this posting. You should,
therefore, periodically visit this page to review
the current Terms and Conditions, so you are aware
of any such versions to which you are bound. Certain
provisions of these Terms and Conditions may be
superseded by expressly designated legal notices or
terms located on particular pages within this Site.
Neither the course of conduct between the parties
nor trade practice shall act to modify any provision
of this Agreement. |
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