BayCare Health System Internet Social Media Site End User Agreement
Amended August 4, 2014
BY POSTING ON ANY BAYCARE HEALTH SYSTEM INTERNET SOCIAL MEDIA SITE YOU AGREE TO THE TERMS SET FORTH IN THIS INTERNET SOCIAL MEDIA SITE END USER AGREEMENT ("AGREEMENT").
1. You must be at least 18 years old to post any content on a BayCare Internet Site.
2. You are prohibited from posting any content that is proprietary, confidential or contains any personal health information (including patient images) on any BayCare Internet Site without appropriate written approval from BayCare and providing BayCare with all requested documentation.
3. Nothing herein is intended as medical advice by or on behalf of BayCare. Information posted here shall not be used by you in place of receiving appropriate clinical and medical advice. Therefore, by participating, you agree that BayCare shall not be responsible for information provided herein under any theory of liability or indemnity.
4. You are prohibited from using the BayCare Internet Site to provide medical advice or medical commentary by non-BayCare physicians, or to use the BayCare Internet Site to make, recommend or promote the services of any non-BayCare physicians.
5. As a guest posting content to a BayCare Internet Site, you represent and warrant that your access to, and use of the BayCare Internet Site, will not: (i) violate any laws; (ii) be defamatory, deceptive, offensive, discriminatory, obscene, or otherwise inappropriate; (iii) consist of "spamming", sending unsolicited bulk e-mail or other messages, or sending unsolicited advertising; (iv) be threatening or harassing; (v) involve impersonating another person; or (vi) violate the terms and conditions or use of any software, or other function made available by BayCare.
6. BayCare reserves the right to monitor, prohibit, restrict, block, suspend, terminate, delete, or discontinue access to any BayCare Internet Site, at any time, without notice and for any reason, and in its sole discretion. BayCare may remove, delete, block, filter or restrict by any other means any materials in BayCare's sole discretion. As a public forum, you understand and agree that BayCare may disclose your communications and activities with BayCare for any and all reasons, including, but not limited to: in response to lawful requests by governmental authorities, including Patriot Act requests, judicial orders, warrants or subpoenas, or for the protection of BayCare rights. You agree that in the event that BayCare exercises any of its rights hereunder for any reason, BayCare will have no liability to you. You further acknowledge and agree that you may be asked to produce records regarding your use of the BayCare Internet Site and You shall produce all such requested records within five (5) days of receipt of any request.
7. By posting content on a BayCare Internet Site, you recognize that the forum is public and that the posted information becomes public.
8. You shall defend, indemnify, and hold BayCare and its respective officers, directors, employees, contractors, agents, successors and assigns harmless from and against, and shall promptly reimburse them for, any and all losses, claims, damages, settlements, costs, and liabilities of any nature whatsoever (including reasonable attorneys' fees) to which any of them may become subject arising out of, based upon, as a result of, or in any way connected with, your posting of any content to a BayCare Internet Site, any third party claims of infringement or any breach of this Agreement.
9. YOU EXPRESSLY ACKNOWLEDGE THAT YOU ASSUME ALL RESPONSIBILITY RELATED TO THE SECURITY, PRIVACY, AND CONFIDENTIALITY RISKS INHERENT IN SENDING ANY CONTENT OVER THE INTERNET. By its very nature, a website and the Internet cannot be absolutely protected against intentional or malicious intrusion attempts. BayCare does not control the third party sites and the Internet over which you may choose to send confidential personal or health information or other content and, therefore, BayCare does not warrant any safeguard against any such interceptions or compromises to your information. When posting any content on an Internet site, you should think carefully about your own privacy in disclosing detailed or private information about yourself and your family. The BayCare Internet may contain links to other Web sites, and other Web sites may provide links to the BayCare Internet. These links are provided for your convenience only. BayCare does not control these other sites and assumes no liability or responsibility for them, including any 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 BayCare.
10. BayCare may, at any time, enhance and/or make changes to the BayCare Internet, the terms and conditions in this Agreement and/or any other policies or conditions that may govern the use of the BayCare Internet and will provide notice of such changes, in its sole discretion, via hardcopy, e-mail or by posting such changes on the BayCare Internet. It is Your responsibility to periodically check the BayCare Internet for any such changes. Your continued access or use of the BayCare Internet shall be deemed to be your notification and acceptance of these changes.
11. This Agreement and your use of any BayCare Internet Site shall be governed by, and construed in accordance with, the laws of the State of Florida, exclusive of its choice of law rules. All disputes directly or indirectly related to this Agreement or any BayCare Internet Site shall be litigated solely in the state and federal courts sitting in the County of Pinellas in the State of Florida and no other place, and you hereby agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts.
12. This Agreement shall take effect at the time you first access the BayCare Internet and shall remain in effect until this Agreement is terminated.
Either party may terminate this Agreement at any time, with or without cause, upon ten (10) days' prior notice. If You wish to terminate this Agreement, You must do so in writing (via US Mail, Fax or email) by contacting the following:
BayCare Health System, Inc.
2985 Drew Street
Clearwater, Florida 33759
With a copy to:
BayCare Health System, Inc.
2985 Drew Street
Clearwater, Florida 33759
Attention: Legal Services Department
In addition, BayCare may terminate this Agreement immediately if: (i) You breach this Agreement; or (ii) in BayCare's sole discretion, an audit demonstrates unusual or inappropriate use of the BayCare Internet.
In the event of termination for any reason, Your right to use the BayCare Internet shall end immediately.
13. You may not provide any content to a BayCare Internet Site that contains any product or service endorsements or any content that may be construed as political lobbying, solicitations or contributions or use the BayCare Internet Site to link to any sites or political candidates or parties or use the BayCare Internet Site to discuss political campaigns, issues or for taking a position on any legislation or law.
14. ANY BAYCARE INTERNET SITE, INCLUDING ANY SITE CONTENT OR OTHER INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. BAYCARE AND ANY THIRD PARTIES MENTIONED ON ANY BAYCARE INTERNET SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE BAYCARE INTERNET SITE OR ANY SITE CONTENT. BayCare makes no warranties IN respect TO any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY BAYCARE INTERNET SITE OR ANY SITE CONTENT IS TO STOP USING THE BAYCARE INTERNET SITE AND/OR THE SITE CONTENT.
15. All such terms which by their nature are intended to survive termination and you shall continue to be bound by those terms.
16. If you link to any BayCare Internet Site, you agree to comply with BayCare's following linking agreement:
BayCare Linking Agreement
Links may be text-based using the words, such as "BayCare Health System" or "BayCare.org" (the "Licensed Marks"). You may not use the BayCare logo as a link. By linking, you acknowledge and agree that, other than as set forth herein all rights to the Licensed Marks, other BayCare marks, the content appearing on the BayCare site, and the design of the BayCare site belong to BayCare.
You may not create frames around BayCare's web pages or use other techniques that alter in any way the visual presentation or appearance of BayCare's website.
You must not misrepresent your relationship with BayCare or present false or misleading impressions about BayCare. No links to BayCare's website may be used in a manner that implies or suggests that BayCare approves or endorses you, your website or your goods and services. You may not use our logo on internal or external websites or on social networking sites such as MySpace, Facebook Twitter, or YouTube without BayCare's specific prior written authorization.
BayCare shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend BayCare against all claims arising out of or based upon your website.
No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
BayCare may at any time, in its sole discretion, without cause, terminate the license granted herein to use the Licensed Marks and your right to link to any pages on the BayCare website. In such event upon request, you agree to immediately remove all links to BayCare's website and to cease using the Licensed Marks.