Terms of Usage Statement
This site and related services are provided subject to your compliance with the
Terms of Use specified below. Your continued use of this site will indicate
your agreement to be bound by these Terms of Use. If you do not agree to be bound
by these Terms of Use, please exit this site promptly.
Note that "site" and "website" in this document should be understood
as including all/any websites with the SMDC Health System family: SMDC.org, DuluthClinic.org,
StMarysDuluth.org, Miller-Dwan.org, etc.
Use of Site
The information contained within this site is offered solely for your consideration,
and is subject to your verification. It is not to be taken as a warranty or representation
for which SMDC Health System or any of its affiliates assumes legal responsibility,
nor does SMDC Health System or any of its affiliates grant permission to use or
practice anything contained herein, or recommend such use or practice.
The SMDC Health System website is not intended to be a substitute for professional
medical advice. Do not use information from the SMDC Health System website to diagnose
or treat a health condition or disease without consulting a qualified health care
provider.
The contents of this site may be viewed and accessed only for your personal, non-commercial
use. The materials at this site may not be modified in any way or reproduced or
distributed or used for any public or commercial purpose unless expressly permitted.
Any use or display of the materials on this site on any other website or networked
computer environment for any purpose is prohibited. The materials at this site are
copyrighted and any unauthorized use of these materials may violate copyright, trademark,
and other laws. If you breach any of these terms, your authorization to use this
site is terminated and you must immediately destroy any downloaded or printed materials.
Online Conduct
The User agrees to use the SMDC Health System website only for lawful purposes.
Unacceptable uses of the website include without limitation: (i) engaging in any
illegal activity or the planning of any illegal activity; (ii) disseminating or
transmitting statements or material that, to a reasonable person, may be abusive,
obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening
or malicious; (iii) creating, disseminating or transmitting files, graphics, software
or other material that actually or potentially infringes the copyright, trademark,
patent, trade secret, publicity or other intellectual property rights of any person;
(iv) creating a false identity or otherwise attempting to mislead any person as
to the identity or origin of any communication; (v) exporting, re-exporting or permitting
the downloading of any message, software or content in violation of any export or
import law, regulation or restriction of the United States and its agencies or authorities,
or without all required approvals, licenses or exemptions; (vi) interfering, disrupting
or attempting to gain unauthorized access to other accounts on the website or any
other computer network; (vii) disseminating or transmitting viruses, worms, Trojan
horses, time bombs, Spyware, or any other malicious or invasive code or program;
or (viii) engaging in any other activity deemed by SMDC Health System to be in conflict
with the spirit or intent of this website
Copyright
SMDC Health System and its affiliates own copyrights for the materials contained
on this site, including all text, graphics, and photos. The use, reproduction, and/or
re-transmission by any means of any of the material contained in this site without
the written permission of SMDC Health System is strictly prohibited.
Links to Other Sites
Links to third party websites on this site are provided solely as a convenience.
If you use these links, you will leave this site. SMDC Health System does not claim
to have reviewed these third party sites in their entirety, nor does it control
these sites. SMDC Health System is not responsible for any of these sites or their
content. Moreover, SMDC Health System does not endorse or make any representations
about any of the websites, for which links are provided, or any information, software
or other products or materials found there, or any results that may be obtained
from using them. If you decide to access any of the third party sites linked to
this site, you do so entirely at your own risk.
Disclaimer and Limitation of Liability
The materials provided at this site are provided "AS IS" without any warranties
of any kind, including warranties of merchantability, fitness for a particular purpose,
or non-infringements of intellectual property. SMDC Health System further does not
warrant the accuracy or completeness of the materials at this site. SMDC Health
System makes no commitment to update the materials at this site, even if out of
date. Information published at this site may refer to products, programs or services
that are not available in your country or region. In no event will SMDC Health System,
its affiliates, suppliers, or other third parties mentioned at this site be liable
for any damages whatsoever (including, without limitation, those resulting from
lost profits, lost data or business interruption) arising out of the use, inability
to use, or the results of use of this site, any websites linked to this site, or
the materials or information contained at any or all such sites, whether based on
warranty, contract, tort or any other legal theory and whether or not advised of
the possibility of such damages.
Privacy and Protection of Personal Information
Subject to the SMDC Health System
Privacy Statement, any material, information
or other communication you transmit or post to this site will be considered non-confidential
and non-proprietary. SMDC Health System will have no obligations with respect to
such communications. SMDC Health System and its designees will be free to copy,
disclose, distribute, incorporate and otherwise use the communications and all data,
images, sounds, text, and other things embodied therein for any and all commercial
or non-commercial purposes. You are prohibited from posting or transmitting to or
from this site any unlawful, threatening, libelous, defamatory, obscene, pornographic,
or other material that would violate any law. No patient identifying information
is to be shared or transmitted to this site.
Applicable Law / Jurisdiction
These Terms of Use are entered into in the State of Minnesota and shall be governed
in accordance with the laws of the State of Minnesota, exclusive of its choice of
law rules.
Each party to these Terms of Use submits to the exclusive jurisdiction of the state
and federal courts sitting in Duluth, St. Louis County, Minnesota for any dispute
with SMDC Health System, or its affiliates, subsidiaries, employees, contractors,
officers, directors, telecommunication providers, and content providers.
If any provision of these Terms of Use is found to be invalid by any court having
competent jurisdiction, the invalidity of such provision shall not affect the validity
of the remaining provisions of these Terms of Use, which shall remain in full force
and effect. No waiver of any of these Terms of Use shall be deemed a further or
continuing waiver of such term or condition or any other term or condition.
Revisions
SMDC Health System may revise and update these Terms of Use at any time. Please
periodically review the terms, conditions, and privacy statements posted on the
SMDC Health System website. Continued usage of the SMDC Health System website will
be considered acceptance of any changes. Expressly designated legal notices
or terms on particular pages at this site may supersede certain provisions of these
Terms of Use.
Security
SMDC Health System reserves the right to monitor all traffic to this website to
identify and/or block unauthorized attempts or intrusion to upload or change information
or cause damage to this website in any fashion. Anyone using this website consents
to such monitoring.
Contacting Us
SMDC Health System welcomes your questions and comments regarding our Terms of Use
and anything else on this site. Please e-mail us at
webfeedback@smdc.org.
SMDC Health System is sensitive to the expectation of privacy by those
who access this site. For a complete statement of our policies on privacy, please
read our Privacy Statement.
Date Last Modified: December 2006