NEMCH WEB SITE

TERMS OF USE AGREEMENT BETWEEN USER AND
NORTHEAST MEDICAL CENTER HOSPITAL

The NEMCH Web Site is provided as a courtesy by Northeast Medical Center Hospital (“NEMCH”).

The NEMCH Web Site, and the content and services provided via the NEMCH Web Site (the “Services”), are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of any portion of the NEMCH Web Site constitutes your agreement to all such terms, conditions, and notices.

Additionally, the NEMCH Web Site may contain additional terms that govern particular features or offers (for example, forums or surveys).

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular NEMCH Web Site, then these terms shall control.

NO MEDICAL ADVICE; DISCLAIMER

The NEMCH provides this web site and related services as a courtesy in order to educate and inform users about the NEMCH and its activities, as well as health and medical information in general. THE NEMCH DOES NOT PROVIDE ANY MEDICAL ADVICE; INSTEAD, THE NEMCH URGES YOU TO CONSULT WITH YOUR DOCTOR. Never disregard or fail to seek medical advice from a doctor because of anything you see on the NEMCH web site. We do not control or guarantee the accuracy, completeness or usefulness of any information on any web site for which a link may be provided. THE NEMCH EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES CONCERNING THE ACCURACY OR COMPLETENESS OF INFORMATION AVAILABLE ON THIS WEB SITE. YOU ASSUME ALL RISKS ASSOCIATED WITH ANY AND ALL USE OF SUCH INFORMATION. THE NEMCH SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, CAUSES OF ACTION, OR DAMAGES, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, RELATING TO THIS WEB SITE OR THE INFORMATION PRESENTED HEREIN. YOUR USE OF THIS WEB SITE CONSTITUTES ACCEPTANCE OF THESE TERMS.

MODIFICATION OF THESE TERMS OF USE

NEMCH reserves the right to change the terms, conditions, and notices under which the NEMCH Web Site and the Services are offered. You are responsible for regularly reviewing these terms and conditions.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the NEMCH Web Site and the Services are solely for non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the NEMCH Web Site.

LINKS TO THIRD PARTY SITES

The NEMCH Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of NEMCH and NEMCH shall not have any liability or responsibility for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. NEMCH shall not have any liability or responsibility for webcasting or any other form of transmission received from any Linked Site. NEMCH is providing these links to you only as a convenience, and the inclusion of any link does not constitute or suggest any endorsement by NEMCH of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the NEMCH Web Site and the Services, you represent and warrant to NEMCH that you will not use the NEMCH Web Site or the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the NEMCH Web Site or the Services in any manner which could damage, disable, overburden, or impair the NEMCH Web Site or interfere with any other party's use and enjoyment of the NEMCH Web Site or the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the NEMCH Web Site.

USE OF COMMUNICATION SERVICES

The NEMCH Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other messaging or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

Advertise or offer to sell or buy any goods or services for any business purpose.

Conduct or forward surveys, contests, pyramid schemes or chain letters.

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

Violate any applicable laws or regulations.

NEMCH has no obligation to monitor the Communication Services and shall have no liability in connection with the Communication Services. However, NEMCH reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. NEMCH reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

NEMCH reserves the right at all times to disclose any information NEMCH deems appropriate or necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in NEMCH’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. NEMCH does not control or endorse the content, messages or information found in any Communication Service and, therefore, NEMCH specifically disclaims and shall have no liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized NEMCH spokespersons, and their views do not necessarily reflect those of NEMCH.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO NEMCH OR POSTED AT ANY NEMCH WEB SITE

By posting, uploading, inputting, providing or submitting any materials, data, or information in any form (a “Submission”), you are granting NEMCH, its affiliates and sublicensees permission to use your Submission, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, prepare derivative works from, translate and reformat your Submission, and to publish your name in connection with your Submission.

No compensation will be paid with respect to any use of your Submission. NEMCH is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in NEMCH’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission.

DISCLAIMERS & LIMITS OF LIABILITY

THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE NEMCH WEB SITE ARE PROVIDED ”AS IS;” THE WEB SITE MAY INCLUDE INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE NEMCH WEB SITE. NOTHING ON THE NEMCH WEB SITE SHOULD BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

NEMCH DISCLAIMS AND NEGATES ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, WITH REGARD TO ANY INFORMATION, PRODUCTS, SERVICES AND/OR GRAPHICS ON THE NEMCH WEB SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

IN NO EVENT WHATSOEVER SHALL NEMCH BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: THE USE OR PERFORMANCE OF THE NEMCH WEB SITE; ANY DELAY OR INABILITY TO USE THE NEMCH WEB SITE OR SERVICES; AND/OR ANY PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR GRAPHICS ON THE NEMCH WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE NEMCH WEB SITE OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NEMCH HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE NEMCH WEB SITE, ANY SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NEMCH WEB SITE.

INDEMNITY

You shall defend, indemnify, and hold harmless NEMCH, and its affiliates, officers, employees, agents, from any claims, demands, suits, causes of action, liabilities, damages, costs, attorney’s fees, or the like (“Claims”) based on, due to, or relating to or arising from: (1) any Submission by you; (2) any violation by you of any of the terms or conditions of these Terms of Use; or (3) your use of any portion of the NEMCH Web Site or any of the Services. BECAUSE NEMCH DOES NOT CHARGE YOU FOR ACCESS AND USE OF THE NEMCH WEB SITE, YOU AGREE TO ASSUME ALL RISKS OF ANY OF THE FOREGOING CLAIMS, REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OF NEMCH.

SERVICE CONTACT: webmaster@nemch.org

TERMINATION/ACCESS RESTRICTION

NEMCH reserves the right, in its sole discretion, to terminate your access to any or all NEMCH Web Site and the Services or any portion thereof at any time, without notice.

GENERAL

This agreement is governed by the laws of the State of Texas, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Harris County, Texas, U.S.A. in all disputes arising out of or relating to the use of the NEMCH Web Site or the Services. Use of the NEMCH Web Site or the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and NEMCH as a result of this agreement or use of the NEMCH Web Site. NEMCH’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NEMCH’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the NEMCH Web Site or information provided to or gathered by NEMCH with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and NEMCH with respect to the NEMCH Web Site and the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NEMCH with respect to the NEMCH Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES:

NEMCH is the service mark of Northeast Medical Center Hospital. The names of other actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein by NEMCH are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), Northeast Medical Center Hospital is the full legal name of the service provider, and does business only under this name and “NEMCH” as an abbreviation. Notifications of claimed copyright infringement should be sent to the NEMCH’s designated agent at the following physical mail address Agent: Tom Broad, Phone: 281.540.7866, Fax: 281.540.6384, Address: 18951 Memorial North Humble, Texas 77338, or by email at tbroad@nemch.org. If you believe in good faith that your copyrighted work has been used on our site without proper authorization in a way which constitutes copyright infringement, please feel free to notify the NEMCH at the above address. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

FOR INFORMATION REGARDING THE NEMCH PRIVACY POLICY CLICK HERE TO VIEW THE HOSPITAL’S PRIVACY POLICY.