Created: July 18, 2002
Last Modified: October 4, 2024
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. Your use of St. Luke’s Hospital’s (“COMPANY”) website (the “Site”) is expressly conditioned on your acceptance of the following terms and conditions. By accessing, browsing, or using any portion of the Site, including any content, functionality, and services offered on or through the Site, you signify your assent to these terms and conditions without limitation or qualification. If you do not agree with any part of the following terms and conditions, you must not use the Site.
2. USE OF SITE; COMMUNICATIONS AND CONTRIBUTIONS.
9. LINKS; SOCIAL MEDIA FEATURES.
12. LIMITATION ON TIME TO FILE CLAIMS.
13. SALE OF COMPANY OR ITS ASSETS.
1. OWNERSHIP.
Except for items in the public domain, the information and all images, designs, icons, logos, photographs and all other materials comprising or accessible through the Site (collectively, the “Materials”), are wholly owned by (or licensed to) COMPANY and/or its content providers. The Materials include copyrighted material, trademarks and other proprietary information. COMPANY owns a copyright in the selection, coordination and arrangement of the Site. Nothing contained on this Site on within these terms and conditions should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Materials without the written permission of COMPANY or such other party that may own the Materials. The use of Materials by you or anyone else authorized by you is prohibited unless specifically permitted by these terms and conditions. In addition to violating these terms and conditions, any unauthorized use of such Materials may violate, without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications laws.
COMPANY’s name, COMPANY’s logo, and all related names, logos, product and service names, designs, and slogans are trademarks of COMPANY or its affiliates or licensors. Product and company names mentioned in the Site are the trademarks of their respective owners. Your misuse of the trademarked name or logo of COMPANY, or any menus, labels, or other content of the Site, is strictly prohibited. You are also advised that COMPANY will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution. You should assume that everything you see, read or access on the Site is copyrighted and owned by COMPANY unless otherwise noted, and may not be used except as provided in these terms and conditions without the express written permission of COMPANY.
2. USE OF SITE; COMMUNICATIONS AND CONTRIBUTIONS.
These terms and conditions permit you to use the Site solely to view information about the products and services offered by COMPANY for your informational use or as expressly authorized by COMPANY. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Site for your own non-commercial use and not for further reproduction, publication, or distribution.
- If COMPANY provides desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own non-commercial use, subject to any applicable terms and conditions or other agreements for such applications.
- If COMPANY provides social media features with certain content, you may take such actions as are enabled by such features.
Except for your non-commercial, personal use, the Site may not, in whole or in part, be sold, reproduced, published or redistributed in any medium, directly or indirectly, for any commercial or non-commercial purpose. Unauthorized use of the Site and/or the Materials may violate applicable intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the Materials. The use of such Materials on any other website or in any environment of networked computers is prohibited.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these terms and conditions, your right to use the Site will stop immediately and you must, at COMPANY’S option, return or destroy any copies of the materials you have made.
You agree not to use the Site:
- 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 US or other countries).
- For the purpose of exploiting, harming, or threatening or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these terms and conditions, including, without limitation, any material that is unlawful, threatening, libelous, defamatory, obscene or pornographic or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the COMPANY, a COMPANY employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the COMPANY or users of the Site, or expose them to liability.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these terms and conditions, without COMPANY’S prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
COMPANY may, in its sole discretion, terminate or suspend your access to, and/or use of, the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (a) if your authorization to access the Site is terminated, you will not thereafter access, or attempt to access, the Site, directly or indirectly, and (b) if your authorization to access the Site is suspended, you will not thereafter access, or attempt to access, the Site, directly or indirectly, until your suspension is removed and we give you express notice thereof. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.
When you visit the Site or send e-mails to COMPANY, you are communicating with COMPANY electronically. In so doing, you consent to receive communications from COMPANY electronically, whether by e-mail or by posting notices on the Site. By accessing the Site and/or utilizing any of its features, you thereby agree and acknowledge that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
By uploading or otherwise submitting a file or other information (“Contribution”) to the Site, you automatically grant or warrant that the copyright owner of the Contribution has expressly granted to COMPANY and COMPANY’s affiliates and service providers, and to each of their respective licensees, successors, and assigns, a perpetual, royalty-free, irrevocable, worldwide, non-exclusive license to use, reproduce, publicly display, modify, store, create derivative works from, distribute, and/or otherwise disclose the Contribution (in whole or part) to third parties for any purpose and/or to incorporate it in other works in any medium now known or hereafter developed, as if the Contribution were public domain information. You represent and warrant that you own or control all rights in and to the Contributions and have the right to grant the license granted above to COMPANY and COMPANY’s affiliates and service providers, and to each of their respective licensees, successors, and assigns. You similarly permit any Internet user to download, store, manipulate, view, print and display the Contribution for that user’s personal use.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide is correct, current, and complete.
3. NATURE OF SITE MATERIALS.
All material on the Site is information of a general nature and does not address the circumstances of any particular individual or entity, nor is it intended to provide medical, legal or diagnostic advice. No information on the Site constitutes a comprehensive or complete statement of the matters discussed or authority relating thereto. No action should be taken or omitted to be taken in reliance upon information on this Site. Advice from a suitably qualified professional should always be sought in relation to any particular matter or circumstance.
Certain portions of the Site provide information that is generally of a medical or health-related nature. All such information is provided for informational, educational and convenience purposes only, has not been provided by a licensed physician or other medical professional, does not constitute medical advice, a diagnosis or another recommended course of action, and is not a substitute for appropriate medical education and training or for the exercise of independent medical judgment. COMPANY cannot warrant the accuracy or completeness of information that this Site provides. Each medical situation should be considered unique to each patient, and all treatments individualized accordingly. COMPANY does not endorse or recommend any particular treatment, diagnosis or other course of action with respect to any particular situation or condition, and additional information, diagnoses, treatments or other courses of action not referenced on or via the Site may be appropriate in the medical judgment or a licensed physician or other medical professional.
4. AGE AND RESPONSIBILITY.
The Site is offered and available to users who are 18 years of age or older. You represent and warrant that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You understand that you are responsible for all uses of the Site by you and those using the Site on your behalf.
5. PRIVACY.
You have read the COMPANY Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by COMPANY and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the COMPANY Privacy Policy.
The Privacy Policy supplements the Notice of Privacy Practices (“NPP”) available here which governs our access, use and disclosure of your protected health information, as well as our these terms and conditions. Our access, use and disclosure of protected health information will be managed consistent with the NPP. To the extent a conflict exists between the Privacy Policy, these terms and conditions and the NPP, then the NPP shall be given priority.
You recognize and agree that when submitting any information, including personal information, to the Site, there is no guarantee of security. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS, COMPANY SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY YOU, EVEN IF COMPANY HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY YOU SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6. NO WARRANTIES.
Your use of the Site is at your sole risk. You assume full responsibility and risk of loss resulting from the downloading and/or use of files or other material (including software) obtained through the Site. Neither COMPANY nor any of its content providers endorse, or provide any representation or warranty regarding, the accuracy, truthfulness or reliability of any information provided on or by means of COMPANY.
Without limiting the foregoing, THE SITE AND ALL THE CONTENTS THEREIN ARE PROVIDED “AS IS”, AND NEITHER COMPANY NOR ANY OF ITS SUPPLIERS, CONTENT PROVIDERS, LICENSORS, EMPLOYEES, AGENTS OR THE LIKE MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. No oral advice or written information given to you by COMPANY or any of its content providers, agents or the like shall create any warranty. Neither COMPANY nor any of its content providers, agents or the like warrants that access to or use of the Site will be uninterrupted, virus-free or error-free or that the Site (including, without limitation, any content on the Site) will meet any particular criteria of performance or quality. COMPANY, ON BEHALF OF ITSELF AND ALL OF ITS CONTENT PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, RELIABILITY, ACCURACY, INTEGRITY, PERFORMANCE, COMPLETENESS, SUITABILITY, TIMELINESS, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT COMPANY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE SITE OR ANY CONTENTS OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. FURTHERMORE, COMPANY, ON BEHALF OF ITSELF AND ALL OF ITS CONTENT PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT TO THE SITE AND ITS CONTENTS OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
7. LIMITATION OF LIABILITY.
COMPANY and all of its content providers, agents and the like, in each instance, will not be liable for (a) any direct, indirect, incidental, consequential, special, punitive and/or other damages arising out of your use of, or inability to use, the Site, any websites linked to it, or any content on the Site or such other websites, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if COMPANY has been advised of the possibility of such damages and/or (b) damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of or use of any file or loss or corruption of any data, in each instance whether for breach of contract, tortious behavior, negligence or under any other cause of action. Your use of any information or materials on the Site is entirely at your own risk, for which COMPANY shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the Site meet your specific requirements. For further clarity, in all events, COMPANY and all of its content providers, agents and the like shall not be liable for the defamatory, offensive or illegal conduct of other users of the Internet.
THE FOREGOING DOES NOT AFFECT ANY LIABILITIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The provisions of this Section 7 and Section 6 above represent a reasonable allocation of the risks under these terms and conditions. COMPANY’s willingness to allow you to use the Site reflects this allocation of risk and the limitations of liability specified herein.
8. INDEMNIFICATION.
You agree to indemnify COMPANY and all of its content providers, agents, affiliates, licensors, service providers, and its and their respective directors, officers, representatives, employees, contractors, agents, licensors, suppliers, successors, assigns and the like, in each instance from and against any and all claims, suits, liabilities, expenses (including, without limitation, attorneys’ fees), judgments, awards, and/or damages arising out of or relating to your use of the Site including, without limitation, any claim of libel, defamation, violation of legal rights of others (including rights of privacy or publicity), loss of service, and/or infringement of intellectual property or other rights.
9. LINKS; SOCIAL MEDIA FEATURES.
The Site may contain links to websites not hosted or operated by COMPANY (each, a “Third Party Site”). For example, the Site contains links to volunteer registration pages, class registration pages, and career portals that are not hosted or operating by COMPANY. Any such links are provided for your reference only. COMPANY has not reviewed and does not control such Third Party Sites and is not responsible for their contents. Notwithstanding any content on the Site indicative of the contrary, COMPANY makes no endorsement of, or representation or warranty regarding, any Third Party Site or the contents or materials on such Third Party Sites. If you decide to access any Third Party Site linked to in the Site, you do so entirely at your own risk. The Site’s inclusion of links to other websites does not imply COMPANY’s endorsement of the material on the websites or any association with their operators, and COMPANY assumes no responsibility for any Third Party Site. Any concerns regarding any Third Party Site should be directed to the particular third party who provides such Third Party Site. COMPANY recommends that you review a Third Party Site’s terms and conditions and privacy policies before using any such Third Party Site.
You may link to the Site’s homepage, provided you do so in a way that is fair and legal and does not damage COMPANY’S reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on COMPANY’S part without COMPANY’S express written consent. The Site may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Site.
- Send emails or other communications with certain content, or links to certain content, on the Site.
- Cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by COMPANY, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions COMPANY may provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
- Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Site other than the homepage.
- Otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these terms and conditions.
You agree to cooperate with COMPANY in causing any unauthorized framing or linking immediately to stop. COMPANY reserves the right to withdraw linking permission without notice. COMPANY may disable all or any social media features and any links at any time without notice in its discretion.
10. THIRD-PARTY FEATURES.
Some features and content on the Site are served by third-party vendors. For example, COMPANY uses Google APIs to display user locations and maps, so you can find a doctor near you or navigate to COMPANY locations. Use of these features and content on the Site is subject to the then-current versions of the Google Terms of Service, Google Maps/Google Earth Additional Terms of Service, and Google Privacy Policy. COMPANY recommends that you review a these terms and privacy policies before using any such feature or content. Failure to comply with the applicable terms or policies may result in the suspension or termination of your access to these features and content. Any concerns regarding any of these features or content should be directed to the third party who provides such features or content.
11. GOVERNING LAW.
These terms and conditions and use of the Site shall be governed by the laws of the state of Missouri, United States of America, without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in St. Louis County, the state of Missouri, United States of America, in all questions and controversies arising out of your use of this Site and these terms and conditions.
12. LIMITATION ON TIME TO FILE CLAIMS.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
13. SALE OF COMPANY OR ITS ASSETS.
The information collected through and contained on the Site is considered a trade secret of COMPANY. As the owner of such information, COMPANY may disclose, transfer or sell any such information as an asset of COMPANY in conjunction with due diligence for or completion of a merger, reorganization or sale to a third party of the COMPANY or in conjunction with a sale of any portion of COMPANY’s assets. Changes to these terms and conditions may result from changes in the COMPANY’s status.
14. GEOGRAPHIC RESTRICTIONS.
The owner of the Site is based in the State of Missouri in the United States. COMPANY provides this Site for use only by persons located in the United States. COMPANY make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
15. NO WAIVER.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and COMPANY nor the trade practice shall modify any provision of these terms and conditions.
16. MODIFICATION.
COMPANY may at any time modify these terms and conditions in its sole discretion and your continued use of this Site will be conditioned upon the terms and conditions in force at the time of your use. COMPANY encourages you to check the Site frequently to obtain updates, and by using the Site, you expressly agree to be bound by any such updates.
17. ADDITIONAL TERMS.
Additional terms and conditions may apply to other portions of the Site, and you agree to abide by such other terms and conditions, as applicable.
18. SEVERABILITY.
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable, illegal or invalid for any reason, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
19. ENTIRE AGREEMENT.
These terms and conditions, together with those incorporated herein or referred to herein, constitute the sole and entire agreement between us relating to the subject matter hereof and supersedes any prior and contemporaneous understandings, agreements, representations, and warranties (whether oral or written) regarding the subject matter and may not be amended or modified except in writing or by making such amendments or modifications available on this site.