As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the Websites is strictly prohibited without the express written permission of the Hospital. Permission is granted only when certain limited criteria are met. For information on requesting such permission, please contact the Compliance Officer at 402.269.2011.
ACCESS TO WEBSITES
The Hospital reserves the right to withdraw or amend the Websites, and any service or material we provide on the Websites, in its sole discretion without notice. The Hospital will not be liable if for any reason all or any part of the Websites are unavailable at any time or for any period. From time to time, the Hospital may restrict access to some parts of particular Websites, or an entire Website, to users, including registered users.
NO UNLAWFUL OR PROHIBITED USE
USE OF COMMUNICATION SERVICES
The Websites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
The Hospital has no obligation to monitor the Communication Services. However, the Hospital reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Hospital reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. The Hospital may disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. YOU AGREE TO WAIVE AND HOLD HARMLESS THE HOSPITAL AND ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS OR ITS SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE HOSPITAL OR ANY OF THE FOREGOING PARTIES DURING, OR AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. The Hospital assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party regarding the Communication Service.
DISCLAIMER OF WARRANTIES
THE INFORMATION, SOFTWARE, PRODUCTS, AND/OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITES (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. TO THE FULLEST EXTENT PROVIDED BY LAW, THE HOSPITAL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, THE HOSPITAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE CONTENT ON THE WEBSITES; THAT THE WEBSITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HAMFUL COMPONENTS. FINALLY, ANY ADVICE RECEIVED VIA THE WEBSITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. YOUR USE OF THE WEBSITES IS SOLELY AT YOUR OWN RISK. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE HOSPITAL, ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO: THE USE OF, OR INABILITY TO USE, THE WEBSITES; ANY WEBSITES LIKED TO IT; ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES; INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST DATA, REVENUE, OR PROFITS; PAIN AND SUFFERING, OR EMOTIONAL DISTRESS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INDEMNIFICATION AND FORCE MAJEURE
Neither Hospital nor any independent provider/transmitter of information shall be liable in any way, and you agree to indemnify and hold harmless the Hospital and its subsidiaries, other affiliated companies, the independent providers/transmitters and all employees, contractors, officers, and directors thereof (the "Indemnitees") for (1) any inaccuracy, error, or delay in, or omission of (a) any information, or (b) the transmission or delivery of information; (2) any loss or damage arising from or occasioned by (a) your use or misuse of the Websites as well as any such inaccuracy, error, delay, or omission, or (b) any non-performance, or interruption of information due either to any negligent act or omission by the Indemnitees or to any "force majeure" (i.e., flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction) or any other cause beyond the reasonable control of the Indemnitees.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:
We respect the intellectual property rights of others, and require that the people who use the Websites, or the services or features made available on or through the Websites, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to your Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
COPYRIGHT AGENT: Compliance Officer, 402.269.2011
LINKS TO THIRD PARTY SITES
The Websites may contain links to other websites ("Linked Sites"). The Linked Sites have not been reviewed and are not under the control of the Hospital. The Hospital is not responsible for the contents of any Linked Site. These sites may contain information or material that some users may find inappropriate or offensive. You acknowledge that the Hospital is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of any link does not imply endorsement by the Hospital of the site. Use of any such Linked Site is at the user's own risk.
SEVERABILITY AND INTEGRATION
CHOICE OF LAW AND FORUM
LAST REVISED: 12/13/18