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Last Modified: March 8, 2016

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Southcoast Health System, Inc. and its entities, which include Southcoast Hospitals Group, Inc. (which consists of Charlton Memorial Hospital, St. Luke’s Hospital, and Tobey Hospital), as well as Southcoast Visiting Nurse Association, Inc., and Southcoast Physicians Group, Inc. (hereinafter referred to as “Southcoast,” “we,” or “us”). The following terms and conditions (these “Terms of Use”) govern your access to and use of this website, including any content, functionality and services offered on or through the website (the “Site”). Please read the Terms of Use carefully before you start to use the Site. By using the Site you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at southcoast.org/terms-of-use, including our Notice of Privacy Practices, found at southcoast.org/privacy-policy, and incorporated herein by reference. If you do not agree to these Terms of Use, the Privacy Policy, or the Notice of Privacy Practices you must not access or use the Site.

Use of Site/Updates to Site

This Site is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Site and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site. We may, at any time, for any reason, update, revise, or modify the Terms of Use without notice to you. We recommend you periodically review the Terms of Use for changes. Your continued use of the Site after changes are posted constitutes your continued agreement to the then-current Terms of Use.

Not Medical Advice

Southcoast offers the information on this Site for general information and educational purposes only. The content on this Site is not intended for medical diagnosis or treatment. Always seek the advice of your doctor or other qualified health provider. Never disregard medical advice or delay seeking it because of something you have read on this Site. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information.

Electronic Communications

By visiting the Site or by sending e-mails to us, you are knowingly and voluntarily consenting to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you would like to opt-out of receiving electronic communications from us you may do so by contacting us at info@southcoast.org or by using the unsubscribe functions at the bottom of our communications.

Intellectual Property Rights

The trademarks, service marks, trade names, and trade dress on and copyrights to the content of this Site are the property of Southcoast or its content suppliers and protected by United States and international laws. Nothing in this Site grants to you any license or right to use any trademark, service mark, trade name or logo, copyright, trade dress, or other content displayed on this Site without prior written permission of Southcoast. Your use or misuse of any intellectual property displayed on or used in connection with this Site, or any other content on this Site, is strictly prohibited. This restriction includes copying, reproducing, or modifying any content of this Site for any purpose other than your own personal use.

We welcome any comments you may have regarding the Site, its products and services. Any such comments or content you submit to us, such as remarks, suggestions, ideas, graphics, or other information, becomes and remains the exclusive property of Southcoast, even if these Terms of Use or any other agreement you have entered into with us is later terminated or amended. This means that we do not have to treat any such submission (including, but not limited to, product or advertising ideas) as confidential. We will not pay you or anyone else for any information that you provide which is used by us. Additionally, you acknowledge that you have full responsibility for any such submissions you make, including its legality, reliability, appropriateness, originality, and copyright.

Prohibited Uses

You agree that you will not use the Site for any purpose that is unlawful or that is otherwise prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site. You agree that you are responsible for your own conduct while using the Site and for any consequences thereof. You agree that Southcoast shall decide, in its sole discretion, if your conduct violates any aspect of these Terms of Use and that Southcoast may take whatever action it deems appropriate to address such violation, including without limitation notification of appropriate authorities and removal of your access to the Site and/or cancellation of any services.

Disclaimer

You agree that the materials provided by Southcoast on this Site (including any products, graphics, software, recommendations or other materials) and any materials or products made available through this Site are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Southcoast disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Southcoast does not warrant or make any representations regarding the use or the results of the use of the materials on this Site in terms of their correctness, accuracy, reliability, or otherwise. The materials in this Site could include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of developments occurring after their respective dates. Southcoast undertakes no obligation to verify or maintain the currency of such information.

Southcoast makes no warranty that (i) the operation of the Site will meet your requirements; (ii) access to the Site will be uninterrupted, timely, secure, free of viruses, worms, Trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the Site will be accurate or reliable; or (iv) defects will be corrected. You (and not Southcoast) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this Site. You hereby agree to hold harmless and indemnify Southcoast, and its subsidiaries, affiliates, officers, directors, agents, and employees, licensors, suppliers, partners, successors, and assigns, harmless from and against all liability, losses, damages, and expenses (including without limitation defense costs and associated reasonable attorney’s fees and associated costs) associated with any claim, action, or demand brought against Southcoast arising out of (a) any breach of or violation of these Terms of Use; (b) any information you submit, share, or upload on or to the Site; and/or (c) any claim that information or content that you provide violates any applicable law or otherwise infringes the rights of a third party. You shall cooperate fully in the defense of any claim. Southcoast reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Infringement Claims

Infringement Notification Procedure. If you are an intellectual property rights owner or an agent thereof and believe that any content posted to this Site infringes upon your intellectual property rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the following information in writing (see 17 U.S.C §512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the work claimed to have been infringed, or, if multiple 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 and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such information should be sent to info@southcoast.org. You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.

Counternotice. If you have had your content removed under the above take-down procedure, and believe that the content is not infringing, you may send a counternotice containing the following information to info@southcoast.org:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Washington, D.C., and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counternotice is received by Southcoast, Southcoast may send a copy of the counternotice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counternotice, at Southcoast’s sole discretion.

Links from the Site

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept 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 this Site, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such websites.

Limitation on Liability

IN NO EVENT WILL SOUTHCOAST, ITS AFFILIATES OR ITS 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 OF, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, 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. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Southcoast, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, any use of the Site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

Governing Law and Jurisdiction

These Terms of Use are governed under the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions.

Your Comments and Concerns

This Site is operated by Southcoast Health System, Inc. located at 101 Page Street, New Bedford, MA 02740. All feedback, comments and other communications relating to the Site should be directed to info@southcoast.org.