The Terms of Use set forth in this document (“Terms”) apply to The Children’s Mercy Hospital (“CMH”) 12345 Fit-Tastic! website (https://fittastic.org/), and any associated services or functionality that may be contained, accessed or provided therein (collectively, the “Website”).
Acceptance of the Terms of Use.
These Terms are entered into by and between you (“you” or “your”) and The Children’s Mercy Hospital (“CMH” or “our”) and govern your access and use of the Website. Please read these Terms carefully before you start to use the Website. If you are under 18 years of age, please be sure to review the Terms with your parent or guardian. By accessing or using the Website, you agree to be bound by all of the Terms. You acknowledge that, in providing you access to and use of the Website, CMH has relied on your agreement to be legally bound by these Terms. You may not use the Website (or any part thereof) if you do not agree to be bound by these Terms.
Changes to the Terms.
CMH may revise and update these Terms from time to time in our sole discretion, without further notice to you. All changes are effective immediately when CMH posts them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.
Children’s Privacy.
CMH is committed to protecting the privacy of children. The Website is offered to and intended for adults and young adults age 13 and over, and is not intended for or designed to attract children under the age of 13 (an individual under the age of 13 is referred to as “Child” in these Terms). While some sections of the Website may be of interest to a Child, CMH does not request, seek or intentionally collect personal information from any Child. If you are a Child, do not provide any information on this Website or through any of its features. If CMH determines it has collected or received personally identifiable information from a Child without verification of parental consent, CMH will attempt to alert such child’s parent or guardian of the information and will provide instructions on how the parent or guardian can delete the information, if so desired.
Scope of Use.
THE WEBSITE DOES NOT OFFER MEDICAL ADVICE, AND NOTHING CONTAINED IN THE WEBSITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
CMH offers the Website for general informational and educational purposes only. Nothing related to the Website is intended as medical advice nor should be used for the diagnosis, cure, mitigation, treatment or prevention of a disease or other conditions. The Website is not intended to create any physician-patient relationship between you or any third party and CMH, nor should it be considered a substitute for consultation with a healthcare professional. If you have questions or concerns about your health, please contact your healthcare professional. Your use or reliance upon the Website and/or any materials contained therein is done at your own risk.
Access to the Website.
CMH reserves the right to withdraw or amend the Website at our sole discretion without notice. CMH will not be liable if for any reason all or any part of the Website is unavailable at any time or for any reason. From time to time, CMH may restrict users’ access to some parts of the Website, or the entire Website, to users.
Account Security.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy accessible via the Website, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Limitation on Use.
You may access and use the Website only for lawful purposes and in accordance with these Terms. Without limiting the generality of the foregoing, you agree to not use the Website: (i) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries); (ii) to post or transmit any content that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; or (iii) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by CMH, may harm CMH or users of the Website or expose them to liability. You further agree to not (i) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (ii) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; or (iii) otherwise attempt to interfere with the proper working of the Website.
Accuracy.
Although CMH attempts to keep the materials contained within the Website current and accurate, CMH is under no obligation to update such materials. CMH shall not be responsible or in any way liable for any errors, omissions or inaccuracies in the Website, whether arising from negligence or otherwise, or for any consequences arising therefrom.
Intellectual Property Rights.
The Website and its entire contents and features (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof related to the Website) are owned by CMH or its licensors, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Nothing herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark or other proprietary interest of CMH or other third parties. All rights reserved.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows;
You must not:
If you breach any of these intellectual property rights Terms, your right to use the Website will terminate immediately and you must, at our option, return or destroy any copies of the materials you have made.
Trademarks.
All of our and our affiliates’ trademarks, service marks and trade names including, without limitation, The Children’s Mercy Hospital name and the CMH logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the CMH or its affiliates or licensors. You may not use such marks without the prior express written permission of CMH. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners and may not be used without permission from the owner.
Your Communications to the Website.
By posting, submitting, publishing, displaying, forwarding or transmitting any communications to CMH through the Website (“User Submissions”), you thereby grant CMH and its affiliates and each of their respective licensees, successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, adapt, publish, translate, create derivative works from, redistribute, display and otherwise disclose to third parties any such communications in any form for any purpose (except as stated in our Privacy Policy). Furthermore, CMH may use any suggestions contained in or resulting from User Submissions. You understand and acknowledge that you are responsible for any of your User Submissions, including its legality, reliability, accuracy and appropriateness. You represent and warrant to CMH that you own control all rights in and to the User Submissions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our[respective licensees, successors, and assigns]. CMH is not responsible or liable to any party for the content or accuracy of any User Submissions posted by you or any other user of the Website.
Privacy of User Submissions.
For a complete statement of our policies related to privacy of your User Submissions, please read our Privacy Policy accessible via the CMH website homepage.
Links to Third Party Websites.
If the Website contains links to other websites provided by third parties, such third party links are provided solely as a convenience and not as a guarantee, warranty, or recommendation by CMH of the third party links or as an indication of any affiliation, sponsorship or endorsement of such third party links. CMH has no control over the contents of those websites, expressly disclaims any responsibility for the content thereof, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
Linking to the Website and Social Media Features.
If you are a registered 12345 Fit-Tastic! Partner, you may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Geographic Restrictions.
CMH is located in the United States of America. CMH makes no claims that the Website is appropriate or may be downloaded outside of the United States. Access to the Website by certain persons or in certain countries may not be legal. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with local laws.
Monitoring and Enforcement.
We have the right to:
Disclaimer.
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CMH, ON ITS BEHALF AND ON BEHALF OF ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CMH MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE AS TO THE RELIABILITY, CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF THE WEBSITE; THAT THE WEBSITE MAY BE RELIED UPON FOR ANY REASON; THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS WILL BE CORRECTED; THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE COMPONENTS; OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR EXPECTATIONS.
Limitation on Liability.
TO THE MAXIMUM EXNTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL CMH OR ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT IN THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP ACCESSING THE WEBSITE.
Indemnification.
You agree to defend, indemnify, and hold harmless CMH, its affiliates, licensors and service providers, and all of their respective directors, officers, employees, agents, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, cost, fees and expenses (including reasonable attorneys’ fees and litigation expenses) arising out of or relating to your use of the Website or any violation by you of these Terms.
Governing Law and Jurisdiction.
This Agreement, and all matters arising out of or relating to the Agreement, are governed by the laws of the State of Missouri, United States of America, without giving effect to the conflict of laws principles and rules of the State of Missouri (to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Missouri). All disputes arising out of or relating to the Agreement will be subject to the exclusive jurisdiction and venue of the state and federal courts seated in Jackson County, Kansas City, Missouri. You irrevocably and unconditionally waive any objection to the laying of venue of any suit, action, or proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such suit, action, or proceeding brought in any such court has been brought in an inconvenient forum.
Waiver and Severability.
No waiver by CMH of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by CMH to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum necessary extent such that the remaining provisions of these Terms will continue in full force and effect.
Entire Agreement
Except as expressly provided in a particular “legal notice” on any portion of our Website, these Terms constitute the sole and entire agreement between you and CMH regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Last Modified: September 1, 2018.
610 E 22nd St., Kansas City, Missouri, MO 64108 | (816) 234-9249
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