. CTOFundamentals.org (“CTOF”) is an interactive community to provide resources to Healthcare Professionals and patients to improve CTO angioplasty results. CTOF is operated by Saint Luke’s Hospital Foundation. Inquiries or concerns regarding this agreement may be sent via e-mail to
USER REGISTRATION. You are required to register in order to access certain features of the Site. You will choose or be assigned a user name and a password through the Site’s registration process. You are responsible for keeping your user name and password confidential. You are responsible for all activities (whether by you or by others) that occur under your password and account. You agree to notify us immediately of any unauthorized uses of your account or any other breach of security. SLHF cannot and will not be liable for any loss or damage arising from your failure to keep your account information protected.
INTELLECTUAL PROPERTY RIGHTS.
SLHF Limited License to You. The Site and all materials available on it are the property of SLHF, its licensors, or contributors of the Site and are protected by copyright, trademark and other intellectual property laws. SLHF provides the Site solely for personal, non-commercial use. You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of SLHF’s, its licensors’s, or the Site’s contributor’s intellectual property rights. You may download and/or print one copy of individual pages of the Site or documents available for download for your personal, non-commercial use.
Your License to SLHF. By posting or submitting any material (including, without limitation, case studies, charts, records, studies, text, photos and videos) to us via the Site, you are representing that you are the owner of the material, or are making your posting or submission with the express consent of the owner or subject of the material, including any waivers of the right of publicity or privacy. You grant us, or anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display the material in whole or in part.
HEALTHCARE PROFESSIONAL’S OBLIGATION REGARDING PATIENT DATA AND LEGAL COMPLIANCE. Features of the Site may enable you to upload, post, transmit, store, review or receive confidential patient information ("Patient Information"). [Do we need any language addressing HIPAA directly?]
FEDERAL, STATE AND IiNTERNATIONAL LAWS. When using the Site, on the Site, or in any other media selected by SLHF, the User must obey all applicable international, federal, state and local laws. The Site was created and will be operated from the United States. Any use of the Site that violates any applicable laws will be grounds for discontinuing the User’s rights to access the Site.
PROHIBITED ACTIVITIES. The following activities are expressly prohibited from the Site:
- State laws, federal laws, and your professional ethical and licensure requirements may impose obligations on you with respect to patient confidentiality that limit your (and the persons acting on your behalf) ability to make use of certain materials or to transmit certain information to third parties. You represent and warrant that you will comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of patient information, and use your best efforts to cause all persons or entities under your direction or control to comply with such laws at all times.
- You are solely responsible for obtaining and maintaining all patient authorizations and consents, if applicable, and all other legally necessary permissions required or advisable in order to disclose, process, retrieve, transmit, and view the patient information you post on the Site. You agree that CTOF and SLHF licensors and licensees, and all other persons or entities involved in the operation or use of the Site, have the right to monitor, retrieve, store, review and use the patient information you post on the Site and you acknowledge that CTOF and SLHF act on your behalf in hosting the posted patient information and the discussion thereof.
- SLHF DISCLAIMS ALL RESPONSIBILITY FOR YOUR USE OR MISUSE OF PATIENT INFORMATION OR OTHER INFORMATION UPLOADED, POSTED, TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE USING THE SITE. SLHF AND CTOF RESERVE THE RIGHT TO AMEND OR DELETE ANY MATERIAL, AND REVOKE ANY MEMBERSHIP OR RESTRICT YOUR ACCESS AND USE OF THE SITE THAT IN OUR SOLE DISCRETION THAT VIOLATES THE ABOVE.
- Posting or uploading any information that is intended to convey physical or medical information, questions, or concerns in an attempt to obtain care or diagnosis of you or another person using this Site in place of seeing a qualified health professional. All physical or medical information, questions, or concerns should be made by contacting your physician or qualified health professionals directly.
- Posting or uploading any information or content that violates the patient, publicity, or privacy rights of any third party.
- Posting or uploading any content that is unlawful, harmful, tortious, defamatory, obscene, libelous, deceptive, fraudulent, or hateful as determined by CTOF or SLHF in its sole discretion.
- Creating a username in violation of anyone's trade secret, copyright, or other intellectual property right.
- Creating a username that contains offensive content. Offensive content may include, but is not limited to, obscene language, obscene references, threatening or harassing messages, or defamatory statements.
- Engaging in activity that compromises the Site. Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, and mail bombing or crashing.
- Engaging in any activity designed to impede the use of the Site by other users, including overloading and flooding.
- Framing or deep linking into the Site.
- Accessing the Site by means of automated process, spiders, bots or similar device.
USER SUSPENSION AND/OR TERMINATION. SLHF may cancel or terminate the User’s right to access or use any part of the Site at any time without notice. The User agrees that breach of any of the terms in this Agreement may result in the immediate termination of the User’s account and/or give rise to civil action against the User. The disclaimers herein and all restrictions on the User regarding information downloaded or obtained from the Site shall survive any cancellation or termination of the User’s right to use the Site.
Third Party Listings. The listing of any third party professional or other goods or services provider on the Site is provided solely as a convenience for the User. SLHF’s listing of any third party does not create a partnership or affiliation with the third party. SLHF’s listing of any third parties does not constitute sponsorship or endorsement of these professionals or service providers. The User shall make a competent consumer decision before employing the services of any listed third party professional or service provider. The User bears all risk associated with the employing of any third party and obtaining their goods or services.
MEDICAL DISCLAIMER. YOU ACKNOWLEDGE THAT THE INFORMATION ON THE SITE IS PROVIDED “AS-IS” FOR GENERAL INFORMATION ONLY. THE INFORMATION CONTAINED ON THIS SITE IS NOT INTENDED AND SHALL NOT BE CONSTRUED AS MEDICAL ADVICE, DIAGNOSIS OR TREATMENT AND IS NOT A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH PROFESSIONALS. THE INFORMATION ON THIS SITE SHALL NOT REPLACE A HEALTH CARE PROFESSIONAL’S JUDGMENT AND HEALTHCARE PROFESSIONALS SHALL NOT SOLELY RELY ON THE INFORMATION ON THE SITE IN DIAGNOSING OR TREATING PATIENTS.
THE SITE IS NOT INTENDED OR DESIGNED TO PROVIDE A RESPONSE IN A MEDICAL EMERGENCY. IF THIS IS A MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL EMERGENCY SERVICES (911) TO GET PROMPT MEDICAL ATTENTION. DO NOT RELY ON THE SITES ELECTRONIC COMMUNICATIONS FOR ASSISTANCE IN REGARD TO YOUR EMERGENCY MEDICAL NEEDS.
DISCLAIMER OF WARRANTY. THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SLHF DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF TITLE, NON-INFRINGEMENT, NO VIRUS, UPTIME, OR DATA SECURITY. THIS ALSO INCLUDES ANY LISTING OF ANY THIRD PARTY GOODS OR SERVICES PROVIDER INCLUDED IN THE SITE. ANY THIRD PARTY GOODS OR SERVICES PROVIDER IS SUPPLIED AS A CONVENIENCE TO THE USER AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. SLHF DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, OR MATERIAL ON THE SITE IN TERMS OF THEIR AVAILABILITY, CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
- patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits any person in a sexual or violent manner;
- contains nudity, excessive violence, or offensive subject matter;
- solicits or is designed to solicit personal information from anyone under 18;
- constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- involves commercial activities and/or sales without prior written consent from SLHF such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person; and
- material related to criminal or tortious activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets.
SLHF DISCLAIMS ALL RESPONSIBILITY FOR ANY INJURY THAT MAY OCCUR AS A DIRECT OR INDIRECT RESULT OF THE USER POSTING ANY INFORMATION ON THE SITE INTENDED TO CONVEY PHYSICAL OR MEDICAL INFORMATION, QUESTIONS, OR CONCERNS RELATED TO THE CARE OR DIAGNOSIS OF A PATIENT. SUCH POSTINGS ARE PROHIBITED PER SECTION 6(a) OF THIS AGREEMENT.
LIMITATION OF LIABILITY. THE LIABILITY OF SLHF, ITS AGENTS, EMPLOYEES, SUBCONTRACTORS AND SUPPLIERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF THE USER’S USE OF THE SITE, OR THE RENDITION OF SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, THE NET TOTAL COST (EXCLUDING TAXES AND FREIGHT) FOR SUCH PRODUCTS OR SERVICES PROVIDED BY SLHF.
IN NO EVENT WILL SLHF BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON the User’s INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF SLHF IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
USER INDEMNIFICATION. You agree to indemnify CTOF, SLHF and its affiliates, employees, agents, representatives and third party service providers. You agree to defend and hold each of them harmless, from any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Site. Such acts may include but are not limited to: uploads, postings, commentary, unauthorized use of material obtained through the Site, or any other breach of this agreement.
COPYRIGHT COMPLAINTS. SLHF respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide SLHF’s copyright agent with the following information.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Description of the copyrighted work that you claim has been infringed;
- The location of the material that you claim is infringing is located on the Site;
- Your address, telephone number and e-mail address;
- A statement that your claim of infringement is based on a good faith belief; and
- A statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
SLHF’s copyright agent for notice of claims of copyright infringement on its site can be reached as follows: [Note to web designer: please provide Hyperlink to Copyright Agent’s e-mail and/or provide mailing address of SLHF’s Copyright agent or web-site administrator]
Severability. If any term or provision in the Agreement is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from the Agreement in its entirety, and the remainder of this Agreement shall survive with the said offending provision eliminated.
Waiver. The failure by SLHF at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this Agreement.
Website Availability. Because public networks, such as the internet, occasionally experience disruptions, SLHF cannot guarantee the Site will be available 100% of the time. Although SLHF strives to provide the most reliable website possible, interruptions and delays in accessing the Site are unavoidable and SLHF disclaims any liability for damages resulting from such problems.
Typographical Errors. Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make the Site’s postings as accurate as possible, but SLHF does not warrant the content of the Site is accurate, complete, reliable, current, or error-free.
Headings. Condition and section headings are for convenience of reference only and shall not affect the interpretation of this Agreement.
CONTROLLING LAW AND VENUE. It is understood and agreed that all the construction and interpretation of this Agreement and the relationship between the parties shall at all times and in all respects be governed by the internal laws of the State of Missouri, without giving effect to the conflict of laws provisions thereof. Venue of any action brought to enforce or relating to this Agreement or arising out of the relationship between the parties shall be brought exclusively in the Jackson County Missouri District Court or the United States District Court for the Western District of Missouri.
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The Effective Date of this Privacy Statement is February 23, 2012.
- Collection of your Personal Information.
Use of your Personal Information.
- SLHF may collect personally identifiable information for registration or subscription purposes, such as your e-mail address, name, home or work address, or telephone number. SLHF also collects anonymous demographic information, which is not unique to you, such as your state and ZIP code of residence, age, gender, and may track your preferences, interests and favorites while using the Site.
- There is also information about your computer hardware and software that may be automatically collected by SLHF. This information can include: your IP address, browser type, domain names, access times and referring web site addresses. This information may be used by SLHF for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Site.
- SLHF encourages you to review the privacy statements of other websites you choose to link to from the Site so that you can understand how these other websites collect, use and share your information. SLHF is not responsible for the privacy statements or other content on web sites outside of the Site.
- SLHF collects and uses your personal information to operate the Site and deliver the services provided. SLHF does not sell, rent or lease any user’s or visitor’s information to third parties, except as described below. SLHF may, from time to time, contact you on behalf of external partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, SLHF may share composite data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are strictly prohibited from using your personal information except to provide these services to SLHF and they are required to maintain the confidentiality of your information.
- SLHF keeps track of the web sites and pages our users, visitors, or subscribers visit within the Site in order to determine what SLHF services are the most popular. This data may be used to deliver customized content and other information to you within the Site when your behavior indicates that you may be interested in a particular subject area.
- The Site will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on SLHF or the Site; (b) protect and defend the rights or property of SLHF; and, (c) act under exigent circumstances to protect the personal safety of users of SLHF, or the public.
SLHF may also use your non-personally identifiable information in the aggregate by combining it with the non-personally identifiable information of other users for any purpose or reason.
Our Commitment to Children’s Privacy. Protecting the privacy of the very young is extremely important to us. No part of our website is structured to attract anyone under 13. We never collect or maintain information at our website from those under the age of 13. If we obtain actual knowledge that we have collected information about a child under the age of 13, that information will be immediately deleted from our records.
Security of your Personal Information. SLHF uses commercially reasonable measures to secure your personal information from unauthorized access, use or disclosure.
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- The Site uses “cookies” to help personalize your online experience at the Site and for other internal uses. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
- One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize pages on the Site, or register with the Site or services, a cookie helps the Site to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the Site, the information you previously provided can be retrieved, so you can easily use the features of the Site that you customized.
- You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Site.
- Information on deleting or controlling cookies is available at www.AboutCookies.org. Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of the Site.