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Terms of Use
Instructions
Please review the
following terms, conditions and notices. These provisions will govern your use
of this Program Site. If you do not agree to abide by the terms and conditions
hereafter, do not use this Program Site.
Your use of this Program Site
indicates your acceptance of the following terms and conditions. Mercy Medical
Group ("MMG") reserves the right, at its sole discretion, to update and revise
these terms and conditions at any time. "Program Site" refers to all
information, text and visual images, software, products and/or services used to
produce the MMG Diabetes Manage-Net Web Site, or made available to you via the
MMG Diabetes Manage-Net Web Site. "You" and "User" refer, collectively, to any,
and all individuals or groups choosing to access this Program Site. "Content"
refers to any information, text, graphical, HTML, or otherwise, submitted by a
user to this Program Site.
We may change these terms and conditions at
any time by posting revisions to this Program Site. Your continued use of this
Program Site after any changes have been posted indicates your agreement to the
revised terms and conditions.
Medical Disclaimer
This Program Site is not being used to make diagnoses,
administer treatment, prescribe medications, or order tests. The information
contained is provided as an educational service, which can assist you in your
personal research on diabetes. The interactive tools contained on this Program
Site are provided to help you participate with MMG healthcare providers in the
self-management of your disease.
This Program Site is not a replacement
for the relationship you have with your healthcare provider. Any information
provided should not be substituted for regular consultation with your healthcare
provider. If you have any concerns about your health, please contact your
healthcare provider's office immediately.
Privacy; Security
We agree to respect your privacy and treat all data that
we receive from you as confidential. To ensure privacy of your data, never share
your username and password with anyone who you do not want to access your data.
This Program Site utilizes a Secure Socket Layer, with encryption for all
interaction and reporting in connection with this Program Site.
Please
review our Privacy Policy about how we protect your privacy.
Confidentiality On the Internet
Use of the Internet
is solely at your own risk and is subject to all applicable laws and
regulations. We take measures to protect the security of your personal
information and to ensure that your choices for its intended use are honored. We
take precautions to protect your personal information from loss, misuse,
unauthorized access or disclosure, alteration, or destruction. All sensitive
information is stored on a secured server protected from unauthorized access by
a firewall and an access control system. However, we cannot guarantee the
confidentiality of any communication or material transmitted to us over the
Internet. We are not responsible for the security of any information transmitted
over the Internet.
Use of Material
This Program Site is the property of MMG. All of the editorial content, graphics and
HTML language used to generate and support this Program Site as well as this
Program Site itself, are protected by U.S. copyright laws and international
treaties and may not be copied without the express written consent of MMG.
Unauthorized use of this Program Site, or images, text, software or products
thereon, may violate copyright, trademark, and other laws. You may not sell or
modify any portion of this Program Site or reproduce, display, publicly perform,
distribute, or otherwise use this Program Site in any way for any public or
commercial purpose. The use of any portion of this Program Site on any other web
site or in a networked computer environment for any purpose is
prohibited.
Use of this Program Site
This Program Site is provided for your personal and
non-commercial use only. Unless otherwise expressly provided, you may not use
this Program Site or its applications to transmit, distribute, store or destroy
material (a) in violation of any applicable law or regulation, (b) in a manner
that will infringe the copyright, trademark, trade secret or other intellectual
property rights of others or violate the privacy, publicity or other personal
rights of others, or (c) that is defamatory, obscene, threatening, abusive or
hateful.
Users are prohibited from violating or attempting to violate the
security of this Program Site, including, without limitation, (a) accessing data
not intended for such user or logging into a server or account which the user is
not authorized to access, (b) attempting to probe, scan or test the
vulnerability of a system or network or to breach security or authentication
measures without proper authorization, (c) attempting to interfere with service
to any user, host or network, including, without limitation, via means of
submitting a virus to this Program Site, overloading, "flooding", "spamming",
"mailbombing" or "crashing", (d) sending unsolicited e-mail, including
promotions and/or advertising of products or services, or (e) forging any TCP/IP
packet header or any part of the header information in any e-mail posting.
Violations of system or network security may result in civil or criminal
liability. MMG will investigate occurrences that may involve such violations and
may involve, and cooperate with, law enforcement authorities in prosecuting
users who are involved in such violations.
Specific Prohibited Uses
MMG specifically prohibits any use of this Program
Site, and all users agree not to use this Program Site, for any of the
following:
- Providing any incomplete, false or inaccurate medical information or medical
information which is not your own.
- Providing material that is obscene, defamatory, threatening, harassing,
abusive, hateful, or embarrassing to another user or any other person or entity.
- Providing a sexually explicit image or statement; post advertisements or
solicitations of business.
- Impersonating another person.
- Posting material that contains viruses, trojan horses, worms, time bombs,
cancelbots or other computer programming routines or engines that are intended
to damage, detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or information.
- Deleting or revising any material posted by any other person or entity.
- Using any device, software or routine to interfere or attempt to interfere
with the proper working of this Program Site or any activity being conducted on
this Program Site.
- Taking any action that imposes an unreasonable or disproportionately large
load on this Program Site's infrastructure.
- Disclosing to or sharing your password with any third parties or using your
password for any unauthorized purpose.
- Notwithstanding anything to the contrary contained herein, using or
attempting to use any engine, software, tool, agent or other device or mechanism
(including without limitation browsers, spiders, robots, avatars or intelligent
agents) to navigate or search this Program Site other than the search engine and
search agents available from MMG on this Program Site and other than generally
available third party web browsers (e.g., Netscape Navigator, Microsoft
Explorer).
- Attempting to decipher, decompile, disassemble or reverse engineer any of
the software comprising or in any way making up a part of this Program Site.
User Information
You understand and
agree that your participation in the MMG Diabetes Manage-Net program (the
"Program") requires you to exchange certain confidential medical information
(the "User Information") with the Program administrator and that the User
Information is subject to certain privacy standards as required by applicable
law. You understand and agree that the User Information may be reviewed by MMG
designated physicians, nurses and health care practitioners participating in the
Program, and that the User Information will not be otherwise reviewed or
released without your prior approval. Please see MMG's Privacy Policy for
further details regarding the User Information.
User Submissions
You are responsible for the accuracy and truthfulness
of the User information you provide. MMG reserves the right to expel users and
prevent their further access to this Program Site for violating the terms and
conditions described herein or the law and the right to remove communications
which are abusive, illegal, or disruptive.
Termination
MMG reserves the right, at its sole
discretion, to pursue all of its legal remedies, including but not limited the
immediate termination of your registration with or ability to access this
Program Site, upon any breach by you of these Terms and Conditions or if MMG is
unable to verify or authenticate any information you submit to this Program
Site.
Indemnity
You agree to defend,
indemnify, and hold harmless MMG, its affiliates, officers, directors, employees
and agents, from and against any claims, actions or demands, including without
limitation reasonable legal and accounting fees, alleging or resulting from your
use of this Program Site or your breach of the terms of these Terms and
Conditions.
Enforcement/Interpretation
These terms and
conditions shall be governed by applicable federal laws and the laws of the
State of Missouri, without regard to such state's conflict of laws principles.
Irrevocable consent is hereby granted by both parties to the exclusive
jurisdiction and venue for any action or dispute arising under these terms and
conditions, including, but not limited to your contact with this Program Site,
in the state and federal courts located in St. Louis, Missouri. Notwithstanding
the foregoing provisions, these terms shall be severable and construed to the
extent of their enforceability in light of the parties mutual intent if deemed
at all unenforceable by a court of competent jurisdiction. MMG reserves all of
its rights at law and equity against you in the case of a breach of these terms
and conditions.
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©2001 Mercy Medical Group
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