Last Revised April 15, 2013
Welcome to the Covenant Health Partners website and thank you for visiting.
of http://www.stjhs.org and other websites, online locations and apps
of Covenant Health Partners (the “Sites”). Through this Agreement,
Covenant Health Partners grants you permission to use the Sites subject
to the terms of this Agreement. This Agreement forms a legally binding
agreement between you and St. Joseph Health that is effective as if you
had signed it. If at any time you do not agree to these terms, please
do not access or use the Sites or any content.
1. NO MEDICAL ADVICE ON SITES
The Sites provide general background and educational information. This
information is not provided in the course of a professional relationship
between a health care provider and a patient. It is not intended to be,
and should not be used as, a substitute for medical treatment by a health
Covenant Health Partners will not make a diagnosis of your condition or
recommendation about a course of care or treatment for your particular
circumstances through the use of the Sites. You should not assume that
information on a particular topic on the Sites is complete or up-to-date.
Content, such as words, pictures, videos and other material found on the
Sites, is for informational use only. Information provided through the
Sites is not intended to take the place of advice from your doctor or
other health care professional on care, diagnosis or treatment. Always
speak with your doctor or other health care professional about any questions
you may have about a medical problem. Never ignore your doctor’s
advice or wait to get medical help because of something you have read
on the Sites. If you think you may have a medical emergency, call your
doctor or dial 911 immediately.
2. ACCEPTANCE OF AGREEMENT
You must agree to this Agreement before you access, browse or use the
Sites. Your use of the Sites is conditioned upon your acceptance of the
terms set forth in this Agreement. If you do not agree to the terms set
forth in this Agreement, you may not use the Sites.
By undertaking any of the following actions, you agree to be bound by
the terms of this Agreement:
- using the Sites;
- registering to create an online account on a Site as described below; or
- clicking that you accept or agree to these terms if presented with the
option to do so.
By agreeing to this Agreement, you acknowledge and agree that you have
read, understand and accept the terms described below and you agree to
be bound by these terms and all terms, policies and guidelines incorporated
in the Agreement by reference.
3. YOUR USE OF THE SITES
The Sites are directed to individuals residing in the United States. You
may use the Sites for personal or non-commercial purposes only. Any commercial
use of the Sites or content, such as selling content, posting information
on another website or otherwise copying, publishing or distributing the
content for commercial use, is prohibited. You may not modify the Sites,
or remove or obscure any acknowledgements, credits or notices on the Sites.
Use of the Sites by children under the age of 13 is prohibited. By using
the Sites, you warrant that you are 13 years of age or older. If you provide
information to a Site, you warrant that you are 18 years of age or older.
If you are 13-17 years of age, you may access the Site, but you may not
submit any information and you warrant that you have the permission of
your parent or guardian who agrees to this Agreement on your behalf.
In addition, in using the Sites you agree not to:
- frame all or part of any Site, or use automated devices to search or scrap
- change or delete any proprietary notices from materials downloaded or printed
out from the Sites;
- systemically download or print materials from the Sites;
- transmit or provide any data from the Sites to a third party;
- use the Sites in a manner or for any purpose contrary to any applicable law;
- upload or transmit any communications or content of any type that infringes
or violates any rights of any party;
- use the Sites as a means to distribute advertising or other unsolicited
material to any third party;
- post material that is unlawful, obscene, defamatory, threatening, harassing,
abusive, slanderous, hateful or embarrassing to any other person or entity
as determined by Covenant Health Partners in its sole discretion;
- impersonate another person on the Sites or through use of the Sites.
Additional terms may apply to sweepstakes, contests, surveys or other
activities that may be offered on the Sites.
4. REGISTRATION AND ACCOUNTS
Some services offered on the Sites may require that you register to create
an account. You must provide complete and accurate information during
registration, including your first name, last name, date of birth, zip
code, social security number and email address, and update your information
should it change in the future.
You must maintain the confidentiality of your username and password. You
agree to immediately notify Covenant Health Partners at email@example.com
of any unauthorized use of your username or password or any other breach
of security. If a password is lost or stolen, it is your responsibility
to change the password, and immediately notify Covenant Health Partners.
St. Joseph Health may assume that any use of your password is made and
authorized by you.
5. Covenant Health Partners’S PROPRIETARY RIGHTS
Covenant Health Partners or its licensors own and retain all right, title,
and interest to the Sites, their content, and any updates that may be
provided to you under this Agreement. Any unauthorized use of the Sites,
their content or updates is strictly prohibited and may be a violation of law.
All text, graphics, code, data, audio, video or other content on the Sites
is protected by United States and international copyright laws. You may
download and reprint a single copy of materials from the Sites only for
your personal, non-commercial use, provided you include all applicable
acknowledgements, credits or notices. Any other use of
http://www.covenanthealthpartners.org/about-us/legal-privacy-notices/online-privacy-policy/ the content is strictly prohibited without the prior written permission
of Covenant Health Partners and its licensors.
“Covenant Health Partners®” is trademark of Covenant Health
Partners registered in the United States. All other marks, slogans and
logos of Covenant Health Partners or its licensors are trademarks of Covenant
Health Partners or its licensors and protected under United States law.
6. PRIVACY AND COLLECTION OF INFORMATION
Covenant Health Partners collects information about you through your use
of the Sites. By using the Sites, you agree that Covenant Health Partners
may collect, retain, use and share information collected through your
use of the Sites in accordance with the Covenant Health Partners Web Privacy
Policy, located at
http://www.covenanthealthpartners.org/about-us/legal-privacy-notices/online-privacy-policy/, which is incorporated by reference in this Agreement.
7. LINKS TO OTHER SITES
The Sites may contain links to other websites or online locations, and
other websites or online locations may provide links to the Sites. These
links are provided for your convenience only. Covenant Health Partners
does not control these other websites or online locations and assumes
no liability or responsibility for them, including any content or services
provided to you by them or links from them. You should not consider any
link to or from another website or online location as an endorsement by
St. Joseph Health unless Covenant Health Partners expressly states so.
Covenant Health Partners may take down or block links at any time in its
8. USER CONTENT
The Sites may include features which allow users to submit content that
others can access, both within the Sites and through social media, apps,
APIs and the like. You retain any rights you hold in content that you
submit. All content submitted to the Sites is the sole responsibility
of the user who submitted the content. Covenant Health Partners may or
may not screen, review, monitor or respond to any content submitted to
the Sites by users, and is not responsible for the accuracy or truthfulness
of any user content. However, Covenant Health Partners reserves the right
to edit, block, or remove any content at any time. Use of or reliance
on user content is entirely at your own risk.
By submitting content to the Sites, you grant Covenant Health Partners
a royalty-free, perpetual, irrevocable, worldwide license, without further
compensation, to use, host, store, reproduce, modify, create derivative
works, communicate, publish, publicly perform, publicly display, and distribute
such content. This license continues indefinitely beyond termination of
this Agreement for any reason by any party. You warrant and covenant that
the content you submit is true, your own original work, and does not violate
any applicable law, infringe or violate any other person’s or entity’s
rights, or require any third party releases or any payment to a third party.
9. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the
laws of the State of California, without giving effect to choice of law
principles. If any claim or action is initiated by you or on your behalf
directly or indirectly arising from this Agreement or related to the Sites,
you irrevocably agree to submit to the exclusive personal jurisdiction
of the state or federal courts located in or serving Texas.
You waive any jurisdictional, venue or inconvenient forum objections to
such courts. Any such claim or action will be brought individually and
not on a class-wide basis. You knowingly waive any right to participate
in any form of “class,” “joint” or “representative”
litigation (including in any “private attorney general capacity”)
against Covenant Health Partners concerning any such action or claim.
If any of the provisions of this Agreement are held to be not enforceable
by a court or other tribunal of competent jurisdiction, then such provisions
will be limited or eliminated to the minimum extent necessary so that
this Agreement will otherwise remain in full force and effect.
10. MODIFICATION OR TERMINATION OF AGREEMENT OR SITES
Covenant Health Partners may, in its sole discretion, change or modify
any of the terms contained in this Agreement at any time by posting changes
from time to time). You are advised to regularly review the Agreement
for updates. You can determine when the Agreement was last changed by
referring to the “Last Revised” legend at the top of this
page. Each time you access, use or browse the Sites, you signify your
acceptance of the then-current Agreement.
Covenant Health Partners may, in its sole discretion, terminate your access
to the Sites, or any portion thereof, or discontinue providing the Sites,
or any portion thereof, with or without notice. These actions are in addition
to and not in lieu or limitation of any other right or remedy St. Joseph
Health may have available at law. Covenant Health Partners will not be
liable to you or any third party for any such termination or discontinuance.
Your sole and exclusive remedy for dissatisfaction with the Sites is to
stop using the Sites.
11. Disclaimers and Limitation of Liability
THE SITES AND ALL CONTENT ON THE SITES IS PROVIDED TO YOU ON AN “AS
IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
Covenant Health Partners MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS
OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITES. YOU ARE RESPONSIBLE
FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITES AND
CONTENT IS AT YOUR SOLE RISK.
Covenant Health Partners MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE
OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE
FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY
OBTAIN FROM THE SITES IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Covenant Health Partners DISCLAIMS
ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES OR DAMAGES,
INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE
OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS
TO OR USE OF THE SITES OR THE CONTENT, EVEN IF Covenant Health Partners
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Because some jurisdictions do not allow limitations on how long an implied
warranty lasts, or the exclusion or limitation of liability for consequential
or incidental damages, the above limitations may not apply to you. This
Limitation of Liability shall be to the maximum extent permitted by applicable law.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Covenant Health Partners
AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES,
PARTNERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, SUPPLIERS, VENDORS,
ACTIVITIES PARTNERS, SPONSORS, MERCHANTS, ADVERTISERS AND OTHERS ACTING
IN CONCERT WITH THEM, FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM OR DEMAND,
INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, MADE BY YOU
OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR
USE OF OR RELIANCE ON THE SITES OR ANY CONTENT, PRODUCTS, SERVICES, BRANDS,
OR ACTIVITY, YOUR DEALINGS IN CONNECTION WITH THE SITES OR ST. JOSEPH
HEALTH, OR YOUR SUBMISSION(S) OF ANY MATERIALS TO THE SITES OR ST. JOSEPH
HEALTH; (B) YOUR VIOLATION OF THIS AGREEMENT, ANY APPLICABLE LAWS, OR
THE RIGHTS OF Covenant Health Partners OR ANY THIRD PARTY; OR (C) ANY
ACTIVITY RELATED TO YOUR ACCOUNT OR PASSWORD, IF ANY.
13. Miscellaneous Provisions
This Agreement sets forth the entire understanding and agreement between
Covenant Health Partners and you with respect to the Sites. Covenant Health
Partners’s failure to act with respect to a breach by you or others
of this Agreement does not waive Covenant Health Partners’s right
to act with respect to subsequent or similar breaches. You may not assign
or transfer this Agreement or your rights or obligations under this Agreement
without the prior written consent of Covenant Health Partners. There are
no third party beneficiaries to this Agreement.
14. NOTICE REQUIRED BY CALIFORNIA LAW
Pursuant to California Civil Code Section 1789.3, users are entitled to
the following specific consumer rights notice:
The name, address and telephone number of the provider of the Sites is
Covenant Health Partners, 3445 MIchelson Dr., Ste 100, Irvine, CA 92612,
phone 949-381-4000 . Complaints regarding the Sites or content or requests
to receive further information regarding use of the Sites or content may
be sent to the above address or to
The Complaint Assistance Unit of the Division of Consumer Services of
the California Department of Consumer Affairs may be contacted in writing
at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by
telephone at 916-574-7950 or 800- 952-5210.
If you have questions about this Agreement or the Sites, you may contact us at
Covenanthealth@covhs.org, 1-949-381-4000, or Covenant Health Partners, 3615 19th Street, Lubbock, Texas 79410, Phone: 806-725-0711.