Terms of Use
ACCEPTANCE OF TERMS THROUGH USE By
using this site, you signify your agreement to all terms, conditions,
and notices contained or referenced herein (the "Terms of Use"). If you
do not agree to these Terms of Use please do not use this site. We
reserve the right, at our discretion, to update or revise these Terms
of Use. Please check the Terms of Use periodically for changes. Your
continued use of this site following the posting of any changes to the
Terms of Use constitutes acceptance of those changes.
AGREEMENT TO RULES OF USER CONDUCT You
agree to abide by the Madison County Health Care System ("MCHCS") Rules
of User Conduct, including but not limited to, agreeing not to use this
site for any unlawful purpose. A copy of the Rules of Conduct, which
you should review, can be found below.
THIRD-PARTY SITES This
site may produce automated search results or otherwise link you to
other sites on the Internet. These sites may contain information or
material that some people may find inappropriate or offensive. These
other sites are not under the control of MCHCS, and you acknowledge
that MCHCS is not responsible for the accuracy, copyright compliance,
legality, decency, or any other aspect of the content of such sites.
The inclusion of such a link does not imply endorsement of the site by
MCHCS or any association with its operators.
PROPRIETARY RIGHTS You
acknowledge and agree that copyrights, trademarks, service marks,
patents, trade secrets, or other proprietary rights and laws protect
all content and materials available on this site. Except as expressly
authorized by MCHCS, you agree not to sell, license, rent, modify,
distribute, copy, reproduce, transmit, publicly display, publicly
perform, publish, adapt, edit, or create derivative works from such
materials or content. Notwithstanding the above, you may print or
download one copy of the materials or content on this site on any
single computer for your personal, non- commercial use, provided you
keep intact all copyright and other proprietary notices. Systematic
retrieval of data or other content from this site to create or compile,
directly or indirectly, a collection, compilation, database or
directory without written permission from MCHCS is prohibited. In
addition, use of the content or materials for any purpose not expressly
permitted in these Terms of Use is prohibited. As noted above,
reproduction, copying, or redistribution for commercial purposes of any
materials or design elements on this site is strictly prohibited
without the express written permission of MCHCS. Permission is granted
only when certain limited criteria are met. For information on
requesting such permission, please contact: Marcia Harris, Madison
County Health Care System, 300 Hutchings Street, Winterset, Iowa 50273.
MEDICAL INFORMATION DISCLAIMER The
information contained in this Internet site is presented for the
purpose of educating consumers on wellness and disease management
topics. Nothing is intended to be instructional for medical diagnosis
or treatment. The information should not be considered complete, nor
should it be relied on to suggest a course of treatment for a
particular individual. It should not be used in place of a visit, call,
consultation or the advice of your physician or other qualified health
care provider. Information obtained in this Internet site is not
exhaustive and does not cover all diseases, ailments, physical
conditions or their treatment. Should you have any health care related
questions, please call or see your physician or other qualified health
care provider promptly. Always consult with your physician or other
qualified health care provider before embarking on a new treatment,
diet or fitness program. You should never disregard medical advice or
delay in seeking it because of something you have read on this Internet
site. The information contained in this Internet site is compiled from
a variety of sources. Neither MCHCS nor its information providers
directly or indirectly practice medicine or dispense medical services
as part of this information service.
DISCLAIMER OF WARRANTIES ALL
MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED ON OR
AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND
"AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NONINFRINGEMENT. MCHCS, ITS SUBSIDIARIES, AND ITS LICENSORS
DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT
THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT
ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT
YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF
CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. LIMITATION
OF LIABILITY UNDER NO CIRCUMSTANCES SHALL MCHCS, ITS SUBSIDIARIES, OR
ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR
INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE
ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR ANY OTHER BASIS, EVEN IF MCHCS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, MCHCS'S
LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT
PERMITTED BY LAW.
INDEMNIFICATION Upon
a request by MCHCS, you agree to defend, indemnify, and hold harmless
MCHCS and its subsidiary and other affiliated companies, and their
employees, contractors, officers, and directors from all liabilities,
claims, and expenses, including attorney's fees, that arise from your
use or misuse of this site. MCHCS reserves the right, at its own
expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will
cooperate with MCHCS in asserting any available defenses.
CONTENT Statements
made in Internet sites, newsgroups, message boards, e-mail, forums,
conferences and chats reflect only the views of their authors. Forum
managers, forum hosts, or Merchants appearing on MCHCS are not
authorized MCHCS spokespersons, and their views do not necessarily
reflect those of MCHCS.
THIRD PARTY RIGHTS The
provisions of the Sections entitled Medical Information Disclaimer,
Disclaimer of Warranties, Limitation of Liability and Indemnification
are for the benefit MCHCS and its officers, directors, employees,
agents, licensors, suppliers, and information providers. Each of these
individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
INTERNATIONAL USE MCHCS
makes no representation that materials on this site are appropriate or
available for use in locations outside the United States, and accessing
them from territories where their contents are illegal is prohibited.
Those who choose to access this site from other locations do so on
their own initiative and are responsible for compliance with local laws.
LIMITED LICENSE By
this Agreement, MCHCS grants, subject to the terms of this Agreement,
only a limited, non-transferable and non-exclusive license to use the
software and documentation necessary to access, explore and otherwise
use this site in real time and to use the materials on this Internet
site in a manner consistent with this Agreement.
CHOICE OF LAW AND FORUM These
Terms of Use shall be governed by and construed in accordance with the
laws of the State of Iowa, excluding its conflicts of law rules. You
expressly agree that the exclusive jurisdiction for any claim or action
arising out of or relating to these Terms of Use or your use of this
site shall be filed only in the state or federal courts located in the
State of Iowa, and you further agree and submit to the exercise of
personal jurisdiction of such courts for the purpose of litigating any
such claim or action.
SEVERABILITY AND INTEGRATION Unless
otherwise specified herein, this Agreement constitutes the entire
agreement between you and MCHCS with respect to this site and
supersedes all prior or contemporaneous communications and proposals
(whether oral, written, or electronic) between you and MCHCS with
respect to this site. If any part of these Terms of Use is held invalid
or unenforceable, that portion shall be construed in a manner
consistent with applicable law to reflect, as nearly as possible, the
original intentions of the parties, and the remaining portions shall
remain in full force and effect.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE Any
software that is made available to download from this server
("Software") is the copyrighted work of MCHCS and/or its suppliers. Use
of the Software is governed by the terms of the end user license
agreement, if any, which accompanies or is included with the Software
("License Agreement"). An end user will be unable to install any
Software that is accompanied by or includes a License Agreement, unless
he or she first agrees to the terms of the License Agreement. The
Software is made available for downloading solely for use by end users
according to the License Agreement. Any reproduction or redistribution
of the Software not in accordance with the License Agreement is
expressly prohibited by law, and may result in severe civil and
criminal penalties. Violators will be prosecuted to the maximum extent
possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF
THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED,
IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT
AS WARRANTED IN THE LICENSE AGREEMENT, MCHCS CORPORATION HEREBY
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
RESTRICTED RIGHTS LEGEND Any
Software, which is downloaded from this Server for or on behalf of the
United States of America, its agencies and/or instrumentalities ("U.S.
Government"), is provided with Restricted Rights. Use, duplication, or
disclosure by the US Government is subject to restrictions as set forth
in subparagraph (C)(1 )(ii) of the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013 or subparagraphs (C)(1)
and (2) of the Commercial Computer Software -Restricted Rights at 48
CFR 52.227-19, as applicable. Manufacturer is MCHCS Corporation, One
MCHCS Way, Redmond, WA 98052-6399.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEBSITE IN
NO EVENT SHALL MCHCS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS,
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE
FROM THIS SERVER. NOTICES AND INFRINGEMENT.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT Pursuant
to Title 17, United States Code, Section 512(C)(2), notifications of
claimed copyright infringement should be sent to Service Provider's
Designated Agent. All inquiries not relevant to the following procedure
will not receive a response. For more information contact: Marcia
Harris, Madison County Health Care System, 300 Hutchings Street,
Winterset, Iowa 50273.
TERMINATION MCHCS reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.
RULES OF USE By
posting information in or otherwise using any communications service,
chat room, message board, newsgroup, software library, or other
interactive service that may be available to you on or through this
site, you agree that you will not upload, post, or otherwise distribute
or facilitate distribution of any content --including text,
communications, software, images, sounds, data, or other information
--that:1. is unlawful, threatening, abusive, harassing, defamatory,
libelous, deceptive, fraudulent, invasive of another's privacy,
tortious, contains explicit or graphic descriptions or accounts of
sexual acts (including, but not limited to, sexual language of a
violent or threatening nature directed at another individual or group
of individuals), or otherwise violates MCHCS's rules or policies;2.
victimizes, harasses, degrades, or intimidates an individual or group
of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;3. infringes on any patent,
trademark, trade secret, copyright, right of publicity, or other
proprietary right of any party;4. constitutes unauthorized or
unsolicited advertising, junk or bulk e-mail (also known as
"spamming"), chain letters, any other form of unauthorized
solicitation, or any form of lottery or gambling;5. contains software
viruses or any other computer code, files, or programs that are
designed or intended to disrupt, damage, or limit the functioning of
any software, hardware, or telecommunications equipment or to damage or
obtain unauthorized access to any data or other information of any
third party; or 6. impersonates any person or entity, including any
employee or representative of MCHCS. You also agree that you will not
harvest or collect information about the users or members of this site
or use such information for the purpose of transmitting or facilitating
transmission of unsolicited bulk electronic e-mail or communications.
MCHCS generally does not pre-screen, monitor, or edit the content
posted by users of communications services, chat rooms, message boards,
newsgroups, software libraries, or other interactive services that may
be available on or through this site. However, MCHCS and its agents
have the right, at their sole discretion, to remove any content that,
in MCHCS's judgment, does not comply with the Rules of User Conduct or
is otherwise harmful, objectionable, or inaccurate. MCHCS is not
responsible for any failure or delay in removing such content.
MADISON COUNTY HEALTH CARE SYSTEM PRIVACY POLICY OVERVIEW We
at Madison County Health Care System ("MCHCS") recognize your right to
confidentiality and are committed to protecting your privacy. MCHCS
operates under the following set of strict privacy principles:.The only
information MCHCS obtains about individual visitors to its Web site is
that supplied voluntarily by visitors. In cases when MCHCS may need
personal information to provide visitors with customized content or to
inform them about new features or services, visitors are explicitly
asked for that information. Personally identifiable information
provided by visitors (name, e-mail or home address, etc.) will not be
disclosed to anyone unless visitors indicate that MCHCS may do so. Only
statistical information about our visitors as a group (usage habits,
demographics) may be shared with any partner of MCHCS. Personally
identifiable information will not be shared at any time without the
visitor's permission. MCHCS employs strict security measures to
safeguard on- line transactions; personal information is stored in a
secured database and always sent via an encrypted Internet channel. The
following discloses our information gathering and dissemination
practices for this Web site.
IP ADDRESSES An
IP address is a number automatically assigned to your computer whenever
you access the Internet. All computer identification on the Internet is
conducted with IP addresses, which allow computers and servers to
recognize and communicate with each other. MCHCS collects IP addresses
in order to conduct system administration, report aggregate information
to sponsors, and to conduct site analysis. If a visitor requests pages
from MCHCS, the MCHCS servers enter the visitor's IP address into a
log. To maintain visitor anonymity, MCHCS does not associate IP
addresses with records containing personal information. However, MCHCS
will use IP addresses to identify any visitors who refuse to comply
with MCHCS's in-house rules or terms of service, and to identify
visitors who threaten our service, site, customers or others.
COOKIES Our
site will not place cookies in the browser files of your computer. Our
site places a text file called a "cookie" in the browser files of your
computer Cookies are pieces of information that a Web site transfers to
an individual's hard disk for record keeping purposes. Our site uses
cookies during your on-line session to deliver content specific to your
interests. Cookies allow us to avoid showing you the same ad or other
message repeatedly. Our cookies do not contain personal information.
They do enable MCHCS to relate your use of the site to information that
you have specifically and knowingly provided to our site.
EXTERNAL LINKS In
order to provide visitors with greater value, MCHCS may provide links
to various third party Web sites. However, even if a third-party
affiliation exists between MCHCS and that destination site, MCHCS
exercises no authority over linked sites, each of which maintains
independent privacy and data collection policies and procedures. MCHCS
assumes no responsibility or liability for these independent methods or
actions and is not responsible for the independent policies or
procedures of destination sites. Similarly, MCHCS cannot take
responsibility for the privacy initiatives or the content of such Web
sites. These destination links are provided only for your convenience,
and as such, you access them at your own risk. However, MCHCS wishes to
ensure the integrity of the MCHCS Web site and its destination links,
so any comments pertaining to the MCHCS Web site or any sites accessed
through MCHCS links are greatly appreciated.
COMMUNITY PARTNERS MCHCS
partners represent well-respected healthcare organizations across the
country. Through these partnerships, MCHCS provides its Web site
content and services to enhance the Web sites of our partners. These
sites also offer information about local healthcare resources, thereby
helping members of their communities take active steps towards
improving or maintaining their health.
SURVEYS AND QUESTIONNAIRES Our
on-line surveys and questionnaires may ask visitors for contact and
demographic information. The customer's contact information is used to
contact the visitor when necessary. Users may opt-out of receiving
future mailings; see the choice/opt- in/removal section below.
PUBLIC FORUMS MCHCS
may provide its users with chat rooms, forums, message boards and/or
news groups. Please remember that any information disclosed in these
areas becomes public information and you should exercise caution when
deciding to disclose your personal information.
SECURITY The
MCHCS Web site has security measures in place to protect the loss,
misuse and alteration of the information under our control. MCHCS
employs strict security measures to safeguard on-line transactions;
personal information is stored in a secured database and always sent
via an encrypted Internet channel.
CHILDREN'S GUIDELINES Some
sections of MCHCS may be designed specifically for use by children
under the age of 16. Contact information such as their name and e-mail
address, and demographic information such as their ZIP code or age may
be requested in those sections. In such cases, children will be
notified that they should obtain permission from their parents before
providing such information. MCHCS does not disclose personally
identifiable information about users under 16, whether or not an
approval is obtained. Information about users under the age of 16 may
be shared with third parties on an aggregate basis. Parents and those
permitting minors to use the MCHCS Web site should be aware that any
information voluntarily given by children in chat sessions, e-mail
exchanges, BBS's, forums, etc., may be used by third parties to
generate unsolicited mail or other contact with children.
CONTACTING THE WEB SITE If
you have any questions about this privacy statement, the practices of
this Web site, or your interaction with this Web site, contact: Marcia
Harris, Madison County Health Care System, 300 Hutchings Street,
Winterset, Iowa 50273.
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