Terms and Conditions

Thank you for visiting midwesthealthcollaborative.org!

Information found on midwesthealthcollaborative.org (the “Site”) is sponsored by Midwest Health Collaborative (“MHC”, “Us” or “Our”) and includes, without limitation, information on our services as well as references tools (collectively, “Content”).

The Terms & Conditions set forth herein, as updated by MHC from time-to-time, govern any individual’s (“You” or “Your”) use of the Site and Content. You should carefully read the Terms & Conditions in their entirety before using the Site. By using the Site, You (i) agree to be bound by the Terms & Conditions; (ii) represent and warrant that You are at least fourteen (14) years old; and (iii) represent and warrant that You have the legal authority to accept the Terms & Conditions. This is a legally binding agreement. If You do not agree with the Terms & Conditions, You are not authorized to use the Site.

The Site is not a substitute for traditional medical advice, consultation, diagnosis, or treatment. IF YOU ARE EXPERIENCING AN EMERGENCY OR URGENT MEDICAL PROBLEM, GO TO THE NEAREST EMERGENCY ROOM OR CALL 9-1-1.

By using the Site, you agree not to do the following:

  • communicate material that is unlawful, fraudulent, libelous, obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any person or entity
  • communicate a sexually-explicit image
  • impersonate another person
  • violate the Children's Online Privacy Protection Act (available at https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule).
  • communicate material that is copyrighted, without the permission of the copyright owner
  • communicate material that reveals trade secrets, unless I have permission of the owner
  • communicate material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others
  • attempt to disrupt the operation of the Site by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming
  • use the Site in any manner that could damage, disable or impair the Site or service(s) contained within
  • use any robot, scraper or other means to access the Site for any purpose
  • use the Site to advertise or provide any commercial services to third parties
  • use the Site to collect or store data with respect to MHC or third parties except as contemplated by these Terms and Conditions

 

MHC grants a limited license to each user to make personal use only of the Site in accordance with these Terms & Conditions. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale, or together commercial use of the Site and the associated services, making any derivative of the Site or the associated services, the collection and use of the user email addresses or other user information, including, without limitation, health information or any data extraction or data mining whatsoever.

 

Links to Other Resources

Areas of the Site may contain links to other web sites. Please note that when you click on any of these links, you are entering another website for which MHC has no responsibility or control. The inclusion of any link does not imply affiliation, endorsement, or adoption by us of the linked site. MHC encourages you to read the terms and conditions, data-gathering practices and privacy policies of all linked sites to which you may be bound, as they may materially differ from ours. You agree that MHC shall not be responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such links on this site. It is up to you to take precautions to ensure that whatever linked material you select is free of items such as viruses, worms, Trojan horses, and other destructive items.

 

Governance and Disputes

The laws of the State of Ohio govern these Terms and Conditions. If You do not comply with these Terms & Conditions, We have the right to suspend You and remove any information You have placed on the Site. We may also take any legal action We think is appropriate.

You agree to hold harmless and indemnify MHC and its affiliates, and each of its officers, directors, employees and agents from and against any and all third party claims, demands, proceedings and any losses, liabilities, damages, costs, payments and expenses, including reasonable attorneys’ fees, costs and expenses arising out of, directly or indirectly, Your use of the Site including, without limitation (a) any unlawful use of the Site, (b) any use of the Site that violates the Terms & Conditions; and/or (c) any use of the Site that causes harm to yourself or others.

 

Privacy Policy

Your privacy is important, and We will take all commercially reasonable steps to protect Your privacy. You may learn more about the information We may collect about You, the uses We may make of Your information, and the security measures We take to protect Your information, by reviewing Our privacy policy.

 

Disclaimer

YOU USE THE SITE AND CONTENT AT YOUR OWN RISK. WHILE MHC MAKES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON OUR SITE, THE SITE AND CONTENT ARE PROVIDED TO YOU “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY, EXPRESS OR IMPLIED. MHC MAKES NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS OR COMPLETENESS OF ANY INFORMATION ACCESSED THROUGH OUR SITE. MHC ALSO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MHC EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND RELATED TO THIS SITE OR CONTENT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MHC EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACTIONS OF ANY OTHER INDIVIDUAL WHO USES THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. MHC MAKES NO WARRANTY THAT THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE OR CONTENT WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE AND CONTENT IS TO CEASE USE OF THE SITE. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR WITHIN NATIONAL JURISDICTIONS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MHC SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, EVEN IF MHC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO: (A) ERRORS IN OR OMISSIONS FROM THIS SITE AND CONTENT, INCLUDING, WITHOUT LIMITATION, TECHNICAL INACCURACIES AND CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THIS SITE; (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE, INCLUDING, WITHOUT LIMITATION, ANY ERRORS IN OR OMISSIONS THEREFROM; (C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF OR THE COST OR PROCUREMENT OF ANY SUBSTITUTE SITE OR SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN; (D) YOUR USE OF AND ACCESS TO THE SITE; (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE; (F) ANY VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE SITE; OR (G) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE.

 

About Our Content

MHC reserves complete and sole discretion with respect to the operation of the Site. MHC may, among other things withdraw, suspend, or discontinue any functionality or feature of the Site. Subject to applicable law, MHC reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Site and/or service contained within, pursuant to MHC’s internal record retention and/or destruction policies. THE CONTENT FOUND ON THIS SITE MAY NOT BE APPROPRIATE OR SATISFACTORY FOR YOUR USE, AND YOU SHOULD VERIFY ALL CONTENT BEFORE RELYING ON IT.

 

Licensed Editorial Content

All Content included on the Site, including but not limited to, text, photographs, graphics, button icons, images, artwork, names, logos, trademarks, service marks and data, in any form including the compilation thereof, are protected by U.S. and international copyright law and conventions. The Content includes both Content owned or controlled by MHC, and Content owned or controlled by third parties and licensed to MHC. Except as permitted in these Terms and Conditions, direct or indirect reproduction of the Content, in whole or in part, by any means, is prohibited without the express written consent of MHC.

 

Third Party Materials

Some of the material on the Site is provided by third parties, and MHC shall not be held responsible for any such third-party material. MHC disclaims any responsibility for or liability related to such third-party material. Any questions, complaints, or claims related to any third party product should be directed to the appropriate third party.

 

Copyright

The Content is owned by MHC and third parties and is protected by the United States Copyright Act of 1976, as amended, and the copyright laws of other countries. Certain materials are used by permission of their respective owners. The Content of the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written permission of MHC, except that, subject to Your compliance with the Terms & Conditions, MHC authorizes You to view or download a single copy of the Content provided that You keep intact all copyright, trademark, and other proprietary notices. Modification or use of Content for any other purpose is a violation of the rights of MHC or third parties.

 

Trademarks

Trademarks used on this site are used with the permission of their respective owners. You agree not to use or display trademarks without the prior written consent of MHC or the owner of such mark.

 

Reporting Violations

In the event MHC decides to allow communications venues for registered users such as blogs, internal networks, etc., pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), MHC’s designated agent for notice of alleged copyright infringement in connection with the Site is the Webmaster. To file a notice of infringement with MHC, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office web site, located at http://www.copyright.gov.

 

Advertising

Advertising is not permitted on the Site.

 

Contact Information

If You have questions or concerns regarding these Terms & Conditions, then please contact the Webmaster at michael.gold@mhcol.com.

 

Changes

The Terms & Conditions of this Agreement are subject to change by MHC periodically. If such a change is made, MHC will post the revised Terms & Conditions on the “Terms & Conditions” section of the Site. MHC reserves the right to add to or change the Site or cease offering the Site or terminate Your use of the Site at any time and without liability. MHC reserves the right to refuse to offer access to the Site and/or Content to anyone at anytime without notice.

 

Miscellaneous

The Terms & Conditions constitute the entire agreement between and by You and MHC relating to the Site and Content. There is no agency, partnership, joint venture, employee-employer or physician-patient relationship between any user, including, without limitation, You, and MHC arising solely through the use of the Site. The Terms & Conditions are binding upon Your successors, assigns, heirs and executors. If any provision of the Terms & Conditions 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 the Terms & Conditions, which shall remain in full force and effect. The failure of MHC to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or condition. Any claim or cause of action arising out of or related to the Site, Content or the Terms & Conditions must be filed within one year after such claim or cause of action arose. The section titles of the Terms & Conditions are merely for convenience and will not have any effect on the substantive meaning of this Agreement.