These Terms and Conditions of Use are made by and between you and Covenant Health, on behalf of itself and each of its direct and indirect subsidiaries (collectively referred to as “Covenant Heath”), and govern your use of the Covenant Health websites (the “Website”). The Website and related services are provided subject to your compliance with these Terms and Conditions. Please read the following information carefully: Your continued use of the Website indicates your agreement to be bound by these Terms and Conditions. By accessing, visiting, browsing, using, or attempting to interact with any part of the Website, including any services available through the Website, you agree that you have read, understand, and agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, do not access or use any part of this Website.
Not Medical Advice. The Website’s content and information is provided for general informational purposes only and is not medical advice. Nothing in the Website should be interpreted as a recommendation for a specific treatment plan, product, course of action, or medical or healthcare provider. Although Covenant Health strives to provide accurate and current information, Covenant Health makes no guarantees whatsoever as to the correctness or accuracy of the content on this Website. Covenant Health does not endorse any medical or professional service obtained through information provided on this Website or any links to this Website. Use of this Website does not replace medical consultations with a qualified health or medical professional to meet an individual’s health and medical needs. Please see a physician or health professional if you suspect you are ill.
Restrictions on Use. Covenant Health’s Website is for your personal and non-commercial use only. You may not use this Website for any other purpose, including any commercial purpose, without Covenant Health’s express prior written consent. Any rights not expressly granted by these Terms and Conditions are reserved by Covenant Health. You may not use Covenant Health’s Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use and enjoyment of the Website. Further, you may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Website. As a condition of your use of Covenant Health’s Website, you warrant to Covenant Health that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.
Links or Pointers to Other Sites. This Website may contain links to other websites that are not operated or maintained by Covenant Health, and such links are accessed at the user’s own risk. Covenant Health does not endorse or accept any responsibility for the content or performance of such websites or your transactions with them, and Covenant Health makes no representations or warranties whatsoever about the content, completeness, safety, or accuracy of any other website you may access though this Website.
Passwords; Investigations and Reporting; Hold Harmless. Any passwords used for this Website are for individual use only. You will be responsible for the security of your password (if any). Covenant Health may monitor your password and, at its discretion, require you to change it. You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Covenant Health reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Covenant Health reserves the right to investigate suspected violations of these Terms and Conditions. Further, Covenant Health reserves the right to fully cooperate with any law enforcement authorities or court orders requesting or directing Covenant Health to disclose the identity of anyone using the Website in violation of these Terms and Conditions. BY ACCEPTING THESE TERMS AND CONDITIONS YOU WAIVE ALL CLAIMS AGAINST COVENANT HEALTH AND HOLD COVENANT HEALTH HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COVENANT HEALTH DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COVENANT HEALTH OR LAW ENFORCEMENT AUTHORITIES.
Disclaimer. Covenant Health assumes no responsibility and disclaims all liability for how you use the information provided through this Website and any decision made or action taken in reliance upon the materials or content of the Website. You exercise your own judgment when using any service or selecting a physician through this Website or any site or service linked to this Website. Your use of the Covenant Health Website is at your own risk, and you assume total responsibility and risk for your use of this Website, any website-related services, and linked websites. THE CONTENT OF THIS WEBSITE IS PROVIDED “AS IS”, WITH ALL FAULTS, AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. COVENANT HEALTH DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT RELATED TO THE WEBSITE AND ITS CONTENT. COVENANT HEALTH MAKES NO WARRANTIES THAT USE OF THE CONTENT ON THIS WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. FURTHER, COVENANT HEALTH DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU, AND NOT COVENANT HEALTH, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE, ITS CONTENT, AND LINKS. COVENANT HEALTH DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MAY HAVE CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY AND SAFETY OF DATA INPUT AND OUTPUT AND FOR MAINTAINING A MEANS EXTERNAL TO THE WEBSITE FOR ANY RECONSTRUCTION OF LOST DATA.
Limitation of Liability; Release. Covenant Health, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors shall not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, arising out of or relating in any way to the Website, any Website-related services, content or information contained within the Website, and/or any hyperlinked websites, even if Covenant Health has been advised of the possibility of such damages. You hereby release and forever waive any and all claims you may have against Covenant Health, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors (including but not limited to claims based upon the negligence of Covenant Health, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors) for losses or damages you sustain in connection with your use of this Website and any links from such Website. Neither Covenant Health, nor any of its subsidiaries, affiliates, directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the Website, or resulting from the act or omission of any other party involved in making the Website or the data contained therein available to you, or from any other cause relating to your access to or your inability to access the Website, whether or not the circumstances giving rise to such cause may have been within the control of Covenant Health or of any vendor providing software or services support.
Indemnity. You agree to indemnify and hold Covenant Health, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, arising as a result of (a) any breach of these Terms and Conditions by you, including any use of the Website’s content other than as expressly authorized in these Terms and Conditions; and (b) any activity related to any account you create, including any negligent or wrongful conduct by you or any other person accessing your account. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any information accessed from this Website.
Third Party Rights. The provisions of Sections 6 and 7 are for the benefit of Covenant Health’s officers, directors, employees, agents, licensors, suppliers, and information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its/his/her own behalf.
Proprietary Information. All pages and content within this Website (the “Content”) are the property of Covenant Health, Copyright © 2009 Covenant Health, 100 Fort Sanders West, Building 401, Knoxville, Tennessee 37922, USA. All rights reserved. The Content is the proprietary information of Covenant Health or the party that provided or licensed the Content to Covenant Health, whereby such providing party retains all right, title, and interest in the Content. The Content may not be copied, distributed, republished, uploaded, posted, modified, displayed, licensed, used to create derivative works, transmitted, or sold in any way, in whole or in part, without the prior written consent of an authorized representative of Covenant Health, except that you may print a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Trademarks, service marks, and logos appearing in this Website are the property of Covenant Health or the party that provided the trademarks, services marks, and logos to Covenant Health, and Covenant Health and any party that provided trademarks, service marks, and logos to Covenant Health retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Website.
Links to Our Site. Third-party links to Covenant Health’s Website do not necessarily reflect any official association or relationship with such third party.
Termination of Access. Covenant Health reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice.
Choice of Law and Venue. These Terms and Conditions are entered into in the State of Tennessee and shall be governed by and construed in accordance with the laws of the State of Tennessee, exclusive of conflict of law principles. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in Knox County in the State of Tennessee, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. You specifically consent to personal jurisdiction in Tennessee in connection with any dispute between you and Covenant Health arising out of these Terms and Conditions or pertaining to the subject matter hereof. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to reasonable costs and attorney fees.
Entire Terms and Conditions. These Terms and Conditions constitute the entire agreement between Covenant Health and you pertaining to the subject matter of these Terms and Conditions and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Covenant Health with respect to Covenant Health’s Website. Notwithstanding the foregoing, any additional terms and conditions on this Website will govern the items to which they pertain.
Hard Copy. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Waiver; Assignment. Covenant Health’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. Covenant Health may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.
Severability. If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Your Representations. You represent and warrant that you are at least eighteen (18) years of age and that you possess the legal right and ability to enter into these Terms and Conditions and to use the Website in accordance with these Terms and Conditions.
Effective Date: September 14, 2009