St. Vincent Hospital and Health
Care Center, Inc. (“St. Vincent”) provides its service to
you subject to the following terms of service ("TOS"), which
may be updated by us from time to time without notice to
you. If you visit our web site at http://www.stvincent.org
(the "Site"), you accept the terms of the TOS. You may
review the most current version of the TOS at any time at
www.stvincent.org/policies/terms_of_service.htm . In
addition, when using particular St. Vincent services, you
may also be subject to any posted guidelines or rules
applicable to such services which may be posted from time to
time. All such guidelines or rules are hereby incorporated
by reference into the TOS.
LICENSE AND USE OF SITE
St. Vincent grants you a limited license to the access and
make personal use of the documents and incorporated graphics
on the Site (the “Documents”). The foregoing license is
subject to the following limitations: (i) the Documents may
be used solely for personal information and non-commercial
purposes; and (ii) the Documents may not be modified or
altered in any way. Except where your use constitutes “fair
use” under copyright law, you may not otherwise use,
download, upload, copy, print, display, perform, reproduce,
publish, license, post, transmit or distribute any
information from the Site in whole or in part without the
express authorization of St. Vincent.
DESCRIPTION OF SERVICE
St. Vincent provides users with the ability to register and
participate in a customizable user portal - mystvincent.
Within this portal, users will be able to perform
interactions such as pre-registering for procedures or
registering for classes. Unless explicitly stated otherwise,
any new features that augment or enhance the current Service
shall be subject to the TOS. You also agree that from time
to time the Service may be inaccessible or inoperable for
any reason, including, without limitation: (i) equipment
malfunctions, (ii) periodic maintenance procedures or
repairs which St. Vincent may undertake from time to time,
or (iii) causes beyond the control of St. Vincent or which
are not reasonably foreseeable by St. Vincent.
PRIVACY POLICY
St. Vincent knows that you care how information about you is
used and shared, and we appreciate your trust that we will
do so carefully and sensibly. Please review our Privacy
Policy to understand our practices. By visiting the Site,
you are accepting the practices described in the Privacy
Policy.
YOUR ACCOUNT
You are responsible for maintaining the confidentiality of
your account and password and for restricting access to your
computer, and are fully responsible for all activities that
occur under your password or account. You agree to
immediately notify St. Vincent of any unauthorized use of
your password or account or any other breach of security.
St. Vincent cannot and will not be liable for any loss or
damage arising from your failure to comply with this
provision.
COPYRIGHT
All content included on the Site, such as text, graphics,
logos, images, and data compilations, is the property of St.
Vincent or its content suppliers and is protected by United
States and international copyright laws. St. Vincent
respects the intellectual property of others and we ask our
users to do the same. If you believe that your work has been
copied in a way that constitutes copyright infringement,
please follow the procedures outlined in our Copyright
Notice.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, any portion of the
Service, use of the Service, or access to the Service.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE IS PROVIDED BY ST. VINCENT ON AN "AS IS" AND "AS
AVAILABLE" BASIS. ST. VINCENT MAKES NO REPRESENTATIONS AND
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THE SITE OR THE INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS INCLUDED ON THE SITE. YOU EXPRESSLY
AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ST.
VINCENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ST.
VINCENT DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR
E-MAIL SENT FROM ST. VINCENT ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. ST. VINCENT WILL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE,
INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS,
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE
ADDITIONAL RIGHTS.
TERMINATION
You agree that St. Vincent, in its sole discretion, may
terminate your password, account (or any part thereof) or
use of the Service, and remove and discard any content
within the Service, for any reason, including, without
limitation, for lack of use or if St. Vincent believes that
you have violated or acted inconsistently with the letter or
spirit of the TOS. St. Vincent may also in its sole
discretion and at any time discontinue providing the
Service, or any part thereof, with or without notice. You
agree that any termination of your access to the Service
under any provision of this TOS may be effected without
prior notice, and acknowledge and agree that St. Vincent may
immediately deactivate or delete your account and all
related information and files in your account and/or bar any
further access to such files or the Service. Further, you
agree that St. Vincent shall not be liable to you or any
third-party for any termination of your access to the
Service.
INDEMNIFICATION
You agree to indemnify and hold us and our subsidiaries,
affiliates, officers, directors, agents, and employees,
harmless from any claim or demand, including reasonable
attorney's fees, made by any third party due to or arising
out of your breach of this agreement, or your violation of
any law or the rights of any third party.
GENERAL INFORMATION
The TOS constitutes the entire agreement between you and St.
Vincent and governs your use of the Service, superseding any
prior agreements between you and St. Vincent with respect to
this matter. The TOS and the relationship between you and
St. Vincent shall be governed by the laws of the State of
Indiana without regard to its conflict of law provisions.
The failure of St. Vincent to exercise or enforce any right
or provision of the TOS shall not constitute a waiver of
such right or provision.
