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Website Terms of Use Effective Date : 06/01/14 Welcome to the BayCare Clinic website! BayCare Clinic maintains this website for your personal information, education and communication. Your access to and use of this website is subject to the following Terms of Use. Please read these Terms of Use carefully before accessing or using the website, so that you fully understand your rights and responsibilities. IN THE EVENT OF A MEDICAL EMERGENCY, CALL 911. IF THIS IS A MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL EMERGENCY PERSONNEL (911) TO GET PROMPT MEDICAL ATTENTION. DO NOT DISREGARD OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF CONTENT YOU HAVE READ ON THIS WEBSITE OR ADVICE OBTAINED THROUGH THIS WEBSITE. THIS WEBSITE DOES NOT CONTAIN MEDICAL ADVICE AND WE DO NOT MONITOR THIS WEBSITE FOR MEDICAL DIAGNOSTIC OR EMERGENCY HEALTH CARE PURPOSES. Your Agreement ALL PAGES WITHIN THIS WEBSITE AND ANY INFORMATION, MATERIAL, CONTENT OR SERVICES MADE AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED SUBJECT TO YOUR AGREEMENT WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR USE OF THIS WEBSITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, PROMPTLY EXIT THIS WEBSITE. SHOULD YOU CHOOSE TO SIGN UP FOR ANY PRIVATE ACCESS OR “MEMBERS ONLY” PORTION OF THIS WEBSITE, OR SET UP AN ACCOUNT FOR ONLINE EMPLOYMENT APPLICATIONS YOUR USE OF SUCH WEB PAGES AND SERVICES PROVIDED IN SUCH ONLINE FORUMS MAY BE SUBJECT TO ADDITIONAL TERMS. Changes to These Terms of Use BayCare Clinic reserves the right to modify or amend these Terms of Use at any time. All changes shall be effective immediately upon their posting. Material changes will be posted conspicuously on the website. By accessing the website following posting of changes to the Terms of Use, you agree to all such changes. Your Representations You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to be legally bound by these Terms of Use. You agree to be responsible for your use of the website and to comply with your responsibilities and obligations as stated in these Terms of Use. If you are not 18 years of age, you are not permitted to use this website and must exit now. Purpose of This Website The information contained in this website is presented for the purpose of educating consumers on health and wellness topics, providing general information on BayCare Clinic, and providing tools to assist you in managing your health and the health of your family. NOTHING CONTAINED IN THE SITE IS INTENDED TO BE ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT AND SHOULD NOT BE RELIED UPON AS YOUR PRIMARY SOURCE OF YOUR HEALTH OR MEDICAL INFORMATION. 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. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE WEBSITE. INFORMATION ON THIS WEBSITE IS INTENDED TO AUGMENT OTHER SOURCES OF INFORMATION AND SHOULD NOT BE CONSIDERED A SUBSTITUTE FOR YOUR PERSONAL RESPONSIBILITY AND DILIGENCE. INFORMATION CONTAINED IN THE WEBSITE IS NOT EXHAUSTIVE AND DOES NOT COVER ALL DISEASES, AILMENTS, PHYSICAL CONDITIONS OR THEIR TREATMENT. SHOULD YOU HAVE ANY HEALTH CARE RELATED QUESTIONS, CALL OR SEE YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER PROMPTLY, OR CONTACT YOUR LOCAL EMERGENCY SERVICES IN CASE OF AN EMERGENCY. ALWAYS CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH YOUR HEALTH CARE RELATED QUESTIONS, OR BEFORE EMBARKING ON A NEW TREATMENT, DIET OR FITNESS PROGRAM. Certain information contained in the website is compiled from a variety of third party sources. Neither BayCare Clinic nor its information providers directly or indirectly practice medicine or dispense medical services as part of the website, including, but not limited to the "My Aurora" features. Website Content Although BayCare Clinic attempts to ensure the integrity and accuracy of the content on the website, it makes no guarantees whatsoever as to the correctness or accuracy of such content. It is possible that the website and its content could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the website by third parties. In the event you become aware of an inaccuracy, please inform BayCare Clinic so that it can be corrected. NEITHER BAYCARE CLINIC NOR ANY THIRD PARTY SOURCE MAKES ANY WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE WEBSITE OR ANY CONTENT OR INFORMATION CONTAINED WITHIN IT. The website may contain health or medical related materials that you find sexually explicit or otherwise offensive. BayCare Clinic accepts no responsibility for such materials. Use of the website is at your own risk. Information contained on the site may be changed or updated without notice. BayCare Clinic reserves the right to modify such information without any obligation to notify past, current or prospective website users. Information regarding BayCare Clinic and its services is applicable only in Wisconsin unless otherwise noted. Some services may not be available in certain areas. BayCare Clinic makes no representations that the materials on this website are appropriate or available for use in other states or other countries besides the United States. Those who do access this website from other states or countries are solely responsible for compliance with the laws of such state or country. You are responsible for the accuracy of information that you submit to us via this website. We have no obligation or liability for any information that is not accurate. MyBayCare myBayCare is a private access portion of this website that allows you access to additional health tools and BayCare account information. To sign up for myBayCare please contact us at 1-888-550-5384. The tools available in myBayCare are for your information and personal use only and the accuracy of such tools cannot be guaranteed. You are solely responsible for the accuracy of any information you provide to us via myBayCare. Information gathered and maintained via myBayCare is personally identifiable and protected health information. You may see how we collect, use and maintain your information via our Privacy Policy and our Notice of Privacy Practices. Online Employment Applications BayCare Clinic accepts applications for employment online. You may register to submit your application or resume online, subject to additional terms and conditions applicable to such online employment application process. Submission of your resume or online application for employment does not guarantee or entitle you to any employment or consideration for any particular position. Restrictions on Your Use You may view material from the website for your own personal use or the internal use of your business. You may not download, reproduce or otherwise distribute any materials on this website without our prior express written consent and/or the consent of any third party copyright owner. Any rights that are not expressly granted by these Terms of Use or any applicable end user license agreements are reserved by BayCare Clinic. You may not use this website or its content for any purpose prohibited or restricted by law or in violation of these Terms of Use. Intellectual Property Rights The website and its content is the property of BayCare Clinic, its affiliates or its third party sources and vendors. The website and its content are protected by federal and international copyright and trademark laws. The distinctive and original layout and presentation of the website also constitutes protectable trade dress under applicable federal law. "BayCare Clinic" and the logo are trademarks and service marks of BayCare Clinic. All other trademarks, service marks and logos used on this website are the trademarks, service marks or logos of their respective owners. No portion of the materials on these pages may be reprinted, republished, modified or distributed in any form without the express written prior permission of BayCare Clinic and/or any third party copyright holder. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to BayCare Clinic or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law. NO WARRANTY BayCare Clinic cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. BayCare Clinic cannot and does not guarantee or warrant that this website will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. BayCare Clinic and its information providers do not warrant or guarantee that the functions or services performed in the site will be uninterrupted or error-free or that defects in the website will be corrected. THIS WEBSITE IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AND DISCLAIMS ALL SUCH WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BAYCARE CLINIC MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE, OR USE OF MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THIS WEBSITE, OR REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THIS WEBSITE. BAYCARE CLINIC SHALL HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATION. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR ACCESS OR USE OF THE INTERNET AND THIS WEBSITE. You acknowledge and agree (1) that your use of this website is at your own discretion and risk, (2) that use of any material, information or data downloaded or otherwise obtained through the use of this website is at your own discretion and risk, and (3) that you are solely responsible for any damage to your computer system for loss of data that results from the download of such material, information or data, and for any other form of damage that may be incurred. No advice or information, whether oral or written, obtained by you from BayCare Clinic or in any other manner from this website shall create any warranty. LIMITATION OF LIABILITY NEITHER BAYCARE CLINIC, ITS AFFILIATES, ANY THIRD PARTY SUPPLIER NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS ARE RESPONSIBLE OR LIABLE TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR ACCESS OR USE OF THE WEBSITE OR ANY OF ITS CONTENT OR SERVICES. FURTHERMORE, NEITHER BAYCARE CLINIC, ITS AFFILIATES, ANY THIRD PARTY SUPPLIER NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY KIND ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE AND/OR ANY CONTENT ON THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BAYCARE CLINIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR ANY DAMAGE RESULTING FROM THE SITE IS TO STOP USING THE SITE, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. Indemnification You agree to indemnify, defend and hold harmless BayCare Clinic, its affiliates and their respective officers, directors, employees and agents from and against all losses, expenses, liabilities, damages and costs, including without limitation reasonable attorney fees, resulting from or arising from any use of the website or its content or any violation of these Terms of Use. Privacy Policy Use of this website is also governed by the terms of the BayCare Clinic Privacy Policy, which are incorporated into these Terms of Use by this reference. Security BayCare Clinic uses encryption technology during the collection of personally identifiable information to protect the personally identifiable information that we collect from you, as further described in our Privacy Policy. However, we cannot ensure that your information will not be intercepted or misused by others. Carefully choose, use, and save your passwords for any private access portion of this website, such as the online employment application portal. BayCare Clinic has no control over use of passwords, and cannot tell whether someone else is accessing the website under your password. As a result you are solely responsible for any use of your password or other login information by you or any third party and BayCare Clinic has no responsibility or liability for any such use. Third-Party Sites BayCare Clinic has no liability for any third party website that you may access through this website. When you access a third party website, please understand that it is independent from BayCare Clinic, and that BayCare Clinic has no control over the website or its content. In addition, BayCare Clinic does not endorse any third party whose website may be linked from this website. BayCare Clinic does not and cannot ensure that the propriety, security or accuracy of any third party website. Disputes, Choice of Law and Venue These website Terms of Use are a binding agreement between you and BayCare Clinic, entered into in the State of Wisconsin, and shall be governed by and construed in accordance with the laws of the State of Wisconsin, exclusive of its choice of law rules. Each party to these website Terms of Use submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Milwaukee in the State of Wisconsin, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these website Terms of Use, BayCare Clinic will be entitled to all costs and attorney fees it incurs. This website is not targeted to users in any particular locality, nor is it intended to constitute the doing of business in any jurisdiction, nor to be a solicitation of business anywhere on behalf of BayCare Clinic or any of its affiliated entities, nor to constitute any contacts with any jurisdiction outside the state of Wisconsin. Any cause of action or claim you have regarding the website or the myBayCare service must be commenced within one year after the claim or cause of action arises or the claim or cause of action is barred. Notice may be given to you as a user of this site by posting information to this site. Notice may be given to BayCare Clinic only by delivery to BayCare Clinic, Attn: Chief Executive Officer, 164 N. Broadway, Green Bay, WI, 54303 with a copy to General Counsel at the same address Entire Agreement These website Terms of Use, along with the BayCare Clinic Privacy Policy, constitute the entire agreement between BayCare Clinic and you pertaining to the subject matter hereof. If a court deems any provision of this Agreement unenforceable or invalid, then the court shall modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable then the provision shall be severed and the remaining terms of this Agreement shall be interpreted and read to give them maximum enforceability.