Website Terms of Use
TERMS OF USE
The Terms of Use set forth in this document (“Terms”) apply to The Children’s Mercy Hospital (“CMH”) website (www.childrensmercy.org/), and any associated services or functionality that may be contained, accessed or provided therein (collectively, the “Website”).
Acceptance of the Terms of Use
These Terms are entered into by and between you (“you” or “your”) and The Children’s Mercy Hospital (“CMH” or “our”) and govern your access and use of the Website. Please read these Terms carefully before you start to use the Website. If you are under 18 years of age, please be sure to review the Terms with your parent or guardian. By accessing or using the Website, you agree to be bound by all of the Terms, and our Privacy Policy accessible via our website homepage (the Terms together with the Privacy Policy are referred to as the “Agreement”). You acknowledge that, in providing you access to and use of the Website, CMH has relied on your agreement to be legally bound by these Terms. You may not use the Website (or any part thereof) if you do not agree to be bound by these Terms.
Changes to the Terms
CMH may revise and update these Terms from time to time in our sole discretion, without further notice to you. All changes are effective immediately when CMH posts them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.
Access to the Website
CMH reserves the right to withdraw or amend the Website at our sole discretion without notice. CMH will not be liable if for any reason all or any part of the Website is unavailable at any time or for any reason. From time to time, CMH may restrict users’ access to some parts of the Website, or the entire Website.
Scope of Use
THE WEBSITE DOES NOT OFFER MEDICAL ADVICE, AND NOTHING CONTAINED IN THE WEBSITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
CMH offers the Website for general informational and educational purposes only. Nothing related to the Website is intended as medical advice nor should be used for the diagnosis, cure, mitigation, treatment or prevention of a disease or other conditions. The Website is not intended to create any physician-patient relationship between you or any third party and CMH, nor should it be considered a substitute for consultation with a health care professional. If you have questions or concerns about your health, please contact your health care professional. Your use or reliance upon the Website and/or any materials contained therein is done at your own risk.
Limitation on Use
You may access and use the Website only for lawful purposes and in accordance with these Terms. You agree to not use the Website: (i) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries); (ii) to post or transmit any content that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; or (iii) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by CMH, may harm CMH or users of the Website or expose them to liability. You further agree to not (i) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (ii) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; or (iii) otherwise attempt to interfere with the proper working of the Website.
Accuracy
Although CMH attempts to keep the materials contained within the Website current and accurate, CMH is under no obligation to update such materials. CMH shall not responsible or in any way liable for any errors, omissions or inaccuracies in the Website, whether arising from negligence or otherwise, or for any consequences arising therefrom.
Intellectual Property Rights
The Website and its entire contents and features (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof related to the Website) are owned by CMH or its licensors, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Nothing herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark or other proprietary interest of CMH or other third parties. All rights reserved.
These Terms permit you to use the Website for your personal, non-commercial use only. You may not reproduce, republish, modify, distribute, or publicly display materials from the Website; except that you may download or print one copy of materials from the Website for your own personal, noncommercial use, provided you retain all applicable copyright and other proprietary notices and disclaimers. Any other use of the materials is strictly prohibited without prior express written permission of the applicable rights holder(s). For questions or requests for permission, please contact the CMH Communications and Marketing Department at 2401 Gillham Road, Kansas City, MO, 64108; or call (816) 346-1370.
If you breach any of these intellectual property rights terms, your right to use the Website will terminate immediately and you must, at our option, return or destroy any copies of the materials you have made.
Trademarks
All of our and our affiliates’ trademarks, service marks and trade names including, without limitation, The Children’s Mercy Hospital name and the CMH logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the CMH or its affiliates or licensors. You may not use such marks without the prior express written permission of CMH. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners and may not be used without permission from the owner.
Your Communications to the Website
By posting, submitting, publishing, displaying, forwarding or transmitting any communications to CMH through the Website (“User Submissions”), you thereby grant CMH and its affiliates and each of their respective licensees, successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, adapt, publish, translate, create derivative works from, redistribute, display and otherwise disclose to third parties any such communications in any form for any purpose (except as stated in our Privacy Policy). Furthermore, CMH may use any suggestions contained in or resulting from User Submissions. You understand and acknowledge that you are responsible for any of your User Submissions, including its legality, reliability, accuracy and appropriateness. CMH is not responsible or liable to any party for the content or accuracy of any User Submissions posted by you or any other user of the Website.
Privacy of User Submissions
For a complete statement of our policies related to privacy of your User Submissions, please read our Privacy Policy accessible via the CMH website homepage.
Children’s Privacy
CMH is committed to protecting the privacy of children. The Website is offered to and intended for adults and young adults age 13 and over, and is not intended for or designed to attract children under the age of 13 (an individual under the age of 13 is referred to as “Child” in these Terms). While some sections of the Website may be of interest to a Child, CMH does not request, seek or intentionally collect personal information from any Child. If you are a Child, do not provide any information on this Website or through any of its features. If CMH determines it has collected or received personally identifiable information from a Child without verification of parental consent, CMH will attempt to alert such child's parent or guardian of the information and will provide instructions on how the parent or guardian can delete the information, if so desired.
Links to Third Party Websites
If the Website contains links to other websites provided by third parties, such third party links are provided solely as a convenience and not as a guarantee, warranty, or recommendation by CMH of the third party links or as an indication of any affiliation, sponsorship or endorsement of such third party links. CMH has no control over the contents of those websites, expressly disclaims any responsibility for the content thereof, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
Geographic Restrictions
CMH is located in the United States of America. CMH makes no claims that the Website is appropriate or may be downloaded outside of the United States. Access to the Website by certain persons or in certain countries may not be legal. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with local laws.
Disclaimer
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CMH, ON ITS BEHALF AND ON BEHALF OF ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CMH MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE AS TO THE RELIABILITY, CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF THE WEBSITE; THAT THE WEBSITE MAY BE RELIED UPON FOR ANY REASON; THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS WILL BE CORRECTED; THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE COMPONENTS; OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR EXPECTATIONS.
Limitation on Liability
TO THE MAXIMUM EXNTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL CMH OR ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT IN THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP ACCESSING THE WEBSITE.
Indemnification
You agree to defend, indemnify, and hold harmless CMH, its affiliates, licensors and service providers, and all of their respective directors, officers, employees, agents, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, cost, fees and expenses (including reasonable attorneys’ fees and litigation expenses) arising out of or relating to your use of the Website or any violation by you of these Terms.
Governing Law and Jurisdiction
This Agreement, and all matters arising out of or relating to the Agreement, are governed by the laws of the State of Missouri, United States of America, without giving effect to the conflict of laws principles and rules of the State of Missouri (to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Missouri). All disputes arising out of or relating to the Agreement will be subject to the exclusive jurisdiction and venue of the state and federal courts seated in Jackson County, Kansas City, Missouri. You irrevocably and unconditionally waive any objection to the laying of venue of any suit, action, or proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such suit, action, or proceeding brought in any such court has been brought in an inconvenient forum.
Waiver and Severability
No waiver by CMH of any term or condition set out in the Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by CMH to assert a right or provision under the Agreement shall not constitute a waiver of such right or provision.
If any provision of the Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum necessary extent such that the remaining provisions of the Agreement will continue in full force and effect.
Entire Agreement
Except as expressly provided in a particular “legal notice” on any portion of our Website, the Agreement (including these Terms and our Privacy Policy) constitute the sole and entire agreement between you and CMH regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.