Terms of Use of the Deborah Heart and Lung Center Website

The following terms and conditions of use (the “Agreement”), together with those laid out in the Digital Privacy Policy, apply to the Deborah Heart and Lung Center (“us”, “we”, or “our”) and Deborah Specialty Physicians’ website. This Website is offered and available only to those individuals who are18 years of age or older. By accepting these Terms of Use you represent that you are of legal age to form a binding contract with us, and, to the extent accepting these terms on behalf of an entity, have the authority to represent such entity.   If you do not agree with these Terms of Use, you may not access the Website.

Please read these Terms of Use carefully each time you access this site or any of our other websites, as the terms may change from time to time. We may update these Terms of Use from time to time in our sole discretion. You can always refuse to accept any changes by not continuing to use the Website. We reserve the right to terminate or modify the Website and any of its content, in whole or in part without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time.

Deborah Specialty Physicians is a private physician practice. Deborah Heart and Lung Center manages the Deborah Specialty Physicians’ Website. The name “Deborah” is a registered trademark of Deborah Heart and Lung Center and is used under license granted by Deborah. All Rights Reserved.

1. THE AGREEMENT

The URL, http://www.demanddeborah.org and all of its subpages (“the Website”), is an Internet-based online information and communication service provided by or on behalf of Deborah Heart and Lung Center and Deborah Specialty Physicians. It is sometimes referred to in this Agreement as the Service.

By accessing the Website, you agree to be bound by the terms and conditions of this Agreement, which includes our Digital Privacy Policy linked to this Agreement. We may modify this Agreement at any time. You agree to review this Agreement periodically in connection with your access and use of the Website and any Content.  “Content” means all Website compilations, content, design, graphics, information, interfaces, digital conversion, media and other technology and matters which are made available in connection with and related to the Website and the Services. Your continued access or use of the Website and Content after any modifications have become effective shall be deemed your acceptance of the modified Agreement.

2. LICENSE

We hereby grant you the limited right to view and use this Website and Content subject to the terms and conditions of this Agreement. You may use, download and/or print a copy of the Content provided on this Website for your personal use only

3. PRIVACY

We take your personal privacy seriously. In addition to the publicly accessible pages on this Website, there are sections on the Website where you can request more information, request an appointment with a health care provider, answer general health questionnaires or submit personal information to be considered for a specific employment opportunity with the hospital. For additional information about the privacy of information that you submit, and how we may use and disclose such information, please read our Digital Privacy Policy.

For information about how we secure personal information, please read Section 15 “Security” below.

4. LINKS TO OTHER SITES

This Website may contain links to other websites, and other websites may provide links to this Website. These links are provided for your convenience only. We do not control these other sites and do not endorse, nor do we assume any liability or responsibility for them, including any third party providers, content or services provided to you by such sites. You should not consider any link to or from another site as an endorsement of that site by us unless we expressly state so. Your access to third party websites is at your sole risk. See our Digital Privacy Policy regarding information that may be transferred to third parties by using these links or advertisements.

Other websites on the Internet may contain unedited, sexually explicit, violent, racist or other types of material, which may be offensive to you. Please access other websites at your own discretion. You should direct any concerns regarding any other websites to their administrators. You should also refer to the separate terms of use, privacy policies and other rules posted by such websites before you use them.

The framing or use of any links to this Site or any subdomains from any other websites is prohibited without our prior written approval. Deep linking to interior pages of this Site is also strictly prohibited without our prior written approval.

This Website may also contain a link to our Patient Portal, which is subject to its own terms of use.  You may also have the opportunity to view your Patient Portal account through a third party application which can be downloaded onto your mobile device and this application also has its own terms of use. If you sign up for a Patient Portal account, please review these separate terms of use carefully.  Any information that you provide in connection with your Patient Portal account, such as user name, password, date of birth, medical record number or last four digits of your social security number, and the medical information which is made available in your Patient Portal account is also subject to our Notice of Privacy Practices.

5. EDUCATIONAL INFORMATION

General health and other information is provided in our Content areas on our Website for educational purposes only. It should not be viewed nor is intended as a recommendation or endorsement of a specific treatment plan, tests, procedures, products, opinions, or course of action that may be mentioned in this Website. You may not rely upon the Website or Content for specific medical advice or as a tool for self-diagnosis. Any reliance on such by you is at your own risk.  Neither the transmission of information using our Website, nor the use of any Content on our Website, including health Quizzes or Risk Assessments, constitutes or creates a doctor-patient relationship between you and us or our physicians. You should always seek the advice of your physician or other qualified health provider prior to starting any new treatment or with any questions you may have regarding a medical condition.

Information on our Website regarding our or Deborah Specialty Physician providers, health Quizzes and Risk Assessment tools are provided as a general community health resource and for informational purposes only. You exercise your own judgment when selecting a health care professional through any site or service linked to this Website. In addition, while we frequently update the Website Content, medical information changes rapidly and therefore, some information may be out of date, incomplete and/or contain inaccuracies or typographical errors. It is your responsibility to evaluate the accuracy, completeness and/or usefulness of this Website for your purposes.  Please refer to our Digital Privacy Policy for more information on how we use this information.

6. GENERAL DISCLAIMERS

Due to the nature of the Internet, we do not warrant or make any representations that access to this Website or any of its pages will be uninterrupted, error-free or free of viruses, malware or similar malicious codes or effects. We do not warrant or make any representations regarding the usefulness of or the expected results of the Content contained on this Website. We assume no responsibility for any circumstances arising out of the use, misuse, interpretation or application of any Content supplied on or through this Website. All Content on our Website,  including any link to other websites and content found at linked sites, is provided “as is” and without any express or implied warranties or representations, including without limitation, warranties of merchantability, non-infringement or fitness for a particular purpose. Note that some jurisdictions may not allow the exclusion of implied warranties so some of the above exclusions may not apply to you. In such cases, our liability is limited to only that required by such jurisdiction.  Please check your local laws for any such restrictions.

7. COMMUNICATIONS

We cannot guarantee the confidentiality of any communications transmitted to us via the Website, such as the “Contact Us” box, or via electronic transmission (i.e., email). We cannot guarantee that any such communications will reach us due to firewalls, software incompatibilities and other such factors. You must use caution and accept these inherent risks when transmitting any information via the Internet. We expressly disclaim any liability for damages resulting from third party interception of your communications with us via the Website or other electronic transmission. If you choose to send us any information via the Website or electronic transmission, you do so solely at your own risk.

8. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES ARE WE OR DEBORAH SPECIALTY PHYSICIANS LIABLE FOR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, STATUTORY, EXEMPLARY, SPECIAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THIS WEBSITE, THE CONTENT, THE SERVICES OR THESE TERMS OF USE, REGARDLESS OF THE CIRCUMSTANCES OR THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO STRICT LIABILITY, NEGLIGENCE, WARRANTY, OR TORT, CONTRACT, PATENT OR COPYRIGHT LAWS YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE IS TO STOP USING THIS WEBSITE. Some jurisdictions do not allow the exclusion or limitation of certain damages so some of these limitations may not apply to you. In such cases, our liability is limited to only that required by such jurisdiction.

9. INTELLECTUAL PROPERTY

The Website, Content and Services are proprietary to us or Deborah Specialty Physicians or to our licensors, and are protected under applicable intellectual property rights, including, without limitation, copyrights, trademarks, trade secrets, patents or other proprietary rights, regardless of their form or format. You agree to comply with all applicable intellectual property laws and you shall not encumber any interest in, or assert any right to, the Content. No ownership rights are provided to you in connection with your use of the Website, Content or the Services and all right, title and interest shall remain with us or Deborah Specialty Physicians, as applicable, or any third-party content providers and/or licensors as the case may be. The posting of Content on the Website does not constitute a waiver of any right to such.

10. WEBSITE USERS

• • A) User Representations and Responsibilities

You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use this Website in accordance with this Agreement. You agree to be responsible for your use of this Website and to comply with your responsibilities and obligations as stated in this Agreement.

• • B) Prohibited Conduct

As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this Website you agree not to, do the following things: (i) use our Website to send confidential information (ii) introduce material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (iii) remove, disable or circumvent any Website security protocols or standards; (iv) exploit the Website or any portion thereof commercially, including in any manner or in connection with any device or action that could disable, overburden, damage, interfere with or impair the Website’s operation or interfere with other users’ use of the Website, (v) export, modify, transmit, copy, participate in the sale or transfer of, sub-license, distribute, publish or create derivative works based on the Website and any Content, in whole or in part except as expressly permitted by these Terms of Use; (vi) remove, alter or tamper with any proprietary notices or labels contained within the Website or Content; (vii) take any action relating to the Website or Content which would violate applicable laws and regulations.

• • C) Minors and Child Online Privacy Protection Act

This Website does not direct Content to Minors and does not intend to collect personal information from Minors and therefore is not subject to the Child Online Privacy Protection Act.

If you allow your minor child, or a child for whom you are legal guardian (a “Minor”), to access and use this Website, you agree that you will be solely responsible for: (i) the online conduct of such Minor; (ii) monitoring such Minor’s access to and use of this Website; and (iii) the consequences of any use.

11. THE DIGITAL MILLENNIUM COPYRIGHT ACT

We reserve the right, but are under no obligation, to terminate your access to this Website if we determine in our sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. We may deliver notice to you under this Agreement by means of electronic mail (e-mail), a general notice on this Website or by written communication delivered by first class U.S. mail to your address on record in our account information, if any.

We do not interfere with standard technical measures used by copyright owners to protect materials. We have implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Our designated agent to receive notification of claimed infringement is: WebsitePrivacy@deborah.org

Any written notice regarding any infringement of copyright or of other proprietary rights, should be sent to our designated agent, listed above, and must include the following information:

• • A physical or electronic signature of a person authorized to act on behalf of the copyright or other owner of an exclusive right that is allegedly infringed or of the copyright owner or person whose right has been allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing, or to be the subject of infringing activity, including information reasonably sufficient to permit us to locate the material.
  • Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the information you have provided is accurate and that you are the copyright or other owner or duly authorized to act on the copyright or other owner’s behalf.

12. INTERNATIONAL USE

We do not intend for this Website to be accessed from outside of the United States. If you choose to access this Website from outside the United States you do so on your own initiative and are responsible for compliance with U.S. and local laws, if and to the extent that local laws are applicable. Software is subject to United States export controls. No software may be downloaded or otherwise exported or re-exported (i) into (or to a national resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (ii) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national resident of any such country or on any such list. You agree to comply with U.S. export control laws and that you will not transfer any software or other content from this Website to a foreign national or foreign country in violation of those laws.  Please contact us directly by phone if you are outside of the United States of America and you need additional information.  Any use of the Services and provision of information from outside of the United States of America in disregard of this is at your own risk and you understand and agree that your information may be transferred to and stored on servers located outside your resident jurisdiction in any such circumstance and thereafter processed within the United States.

13. TRADEMARKS

There are references throughout this Website to various trademarks or service marks and these, whether registered or not, are the property of their respective owners.

14. MISCELLANEOUS

• • A) Changes

We reserve the right to make changes to this Website, to the Content and to our Terms of Use and Digital Privacy Policy at any time and in our sole discretion. We encourage you to review the Website and these terms periodically for any updates or changes. Your continued access or use of this Website shall be deemed your acceptance of these Terms of Use and any changes and the reasonableness of these standards for notice of changes.

• • B) Applicable Law/Dispute Resolution

Use of this Website will be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to its conflict of law provisions. You agree that any legal action or proceeding between you and this Website will be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of New Jersey.

Any dispute arising out of or in connection with this Agreement, or your use of any Content or this Website, shall be resolved by arbitration before a neutral arbitrator administered by the American Arbitration Association in Burlington County, New Jersey, in accordance with its Commercial Arbitration Rules, as then in effect. Except for punitive damages (which may not be awarded), any provisional or equitable remedy which would be available from a court of law shall be available from a sole arbitrator to parties. Any determination by such arbitration shall be final and conclusively binding and shall not include any damages expressly prohibited in this Agreement. The award of the arbitrator may be enforced in any court having jurisdiction thereof. All parties hereto hereby consent (a) to the jurisdiction of the courts of the State of New Jersey or any Federal Court located within New Jersey for any action (i) to compel arbitration; (ii) to enforce the award of the arbitrators or (iii) at any time prior to the qualification and appointment of the arbitrator, for temporary, interim or provisional equitable remedies and (b) to service of process in any such action by registered mail or any other means provided by law. Some jurisdictions may provide additional rights to consumers.

• • C) Severability; Causes of Action; Waiver; Assignment

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Any cause of action or claim you may have with respect to your use of the Website, the Content or the Services must be commenced within one (1) year after the claim or cause of action arises. Our 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. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. We may assign our rights and duties under this Agreement to any party at any time without notice to you.

15. SECURITY

We take the technical side of security seriously. The Website employs industry standard security practices and safeguards.  We use technical and other security measures to protect your information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. You should understand that no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be 100 percent secure. Any information that you choose to transmit over the Internet is done at your own risk and you accept the risks inherent with any use of the Internet or in connection with e-mail.