Banner Health Continuing Medical Education  

Banner Health Terms of Use Agreement

 

Do not use this web site for medical emergencies.  For emergency services dial 9-1-1 or your local emergency assistance number.

I. Welcome
Welcome and thank you for visiting the Banner Health web site ("Website") and reviewing our Terms of Use.  Banner Health makes this Website, including all information, documents, catalogs, communications, files, text, graphics, and audio/visual files (collectively, the "Materials") available for your use subject to the Terms of Use set forth in this document.  It spells out what you can expect from us and what we expect from you.

II. Terms of use, acceptance of terms of use, and non-transferability
By accessing, using or downloading in any way, without limitation, any materials from this website or merely browsing this website, you agree to and are bound by these terms of use.  Please read these terms of use carefully.  Banner Health reserves the right to change the Terms of Use at any time, without prior notice to any Website visitor ("User").  If Banner Health makes material changes to the Terms of Use, we will post a notice on our home page, which will run for seven (7) consecutive days following the effective date of the modified Terms of Use.  You are hereby advised that your continued use of our website constitutes your acceptance of any amendments to and the most recent version of the terms of use.  If you breach any of the Terms of Use, your authorization to use this Web site automatically terminates, and any of the Materials downloaded or printed from this Web site must be immediately destroyed.  A User's right to use this Web site is NOT transferable.

III. Medical Disclaimers
The content of the Banner Health Web site, such as text, graphics, images, information obtained from Banner Health's licensors, and other Material contained on the Banner Health Website are for informational purposes only and are not intended in any way to substitute for professional medical advice, diagnosis, or treatment.  Users are encouraged to develop a professional relationship with physicians and other medical practitioners and regularly consult with them to seek their advice.  Never disregard professional medical advice or delay in seeking it because of something you have read, viewed, or heard on the Banner Health Web site.  Users should review any information supplied to or on this Web site with their own medical professional.

Banner Health's Chats and Forums are conducted or moderated by Banner Health employees of Banner hospitals.  By providing this service, none of our professionals are entering into a physician-patient relationship with you.  Our professionals will not diagnose, treat, or prescribe for anyone using our Web site.  Our professionals will not accept payment from you and will not bill any insurance company, government payment program or other source of health benefits for information provided on our Web site.

Since no physician-patient relationship exists between you and Banner Health, please do not share personal medical information that you wish to keep confidential.  Information you provide is not protected under confidentiality laws that protect physician-patient communications.  By posting information you are sharing your personal information.  Please carefully select what you choose to disclose.  Additionally, while Banner Health attempts to prevent unauthorized access to our Web site files, such access may occur.  Our professionals do not keep any records of their communications on our Web site and will not have any records of any prior contacts you may have had with our Website.

This Web site may contain health or medical related materials that are sexually explicit.  If you find these materials offensive, you may not want to use our Web site.

IV. Intellectual Property Rights
A. Copyright Information and personal and non-commercial use limitation

All Materials and the compilation of all content included on this Website are owned or licensed by Banner Health and protected by United States and international copyright laws.  Copyright © 2003-2004 Banner Health System.  All Rights Reserved.  Banner Health does not claim ownership of Copyrights owned by third parties.

You have been granted a license to view and use the Website Materials subject to these Terms of Use.  Unless otherwise specified, the Materials on this Web site are for your personal and non-commercial use.  You may download and make one copy of Web site Materials for your own non-commercial home use, provided that you maintain all copyright, service mark and other proprietary notices.  You may not sell or modify Web site Materials or reproduce, display publicly or otherwise use the Web site Materials in any way for any public or commercial purpose.  Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Banner Health.  You may contact us at 1441 N. 12th Street, Phoenix, AZ  85006, Attn: Strategic Services, Web Project Manager or E-mail us through this form.  Users may not provide copyrighted or other proprietary information to Banner Health without permission from the owner of such material or rights.  Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures.

B. Notice and Procedure for Making Claims Under the Digital Millennium Copyright Act Notice

The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet.  If you believe that your copyrighted work has been copied without your authorization and is available on this Web site in a way that may constitute copyright infringement, you may provide notice of your claim to Banner Health's designated agent listed below.  For your notice to be effective, it must include the following information:  (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that Website; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If a third party has wrongly filed a copyright infringement notice with Banner Health against you, and your access to the allegedly infringing material has been disabled, you have the right to provide Banner Health's designated agent with a counter notification.  That notification must include the following information: (1) Physical or electronic signature of the subscriber; (2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (3) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and (4)The subscribers name, address, telephone number and e-mail address, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.

Banner Health's Designated Agent is:

Nathan Rice
Strategic Development
1441 North 12th Street
Phoenix, AZ 85006
(602) 747-4847
(602) 747-4185

The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this web site.  All other inquiries directed to the designated agent will not be answered.

C. Trademarks
Banner Health is the owner of a family of trademarks for its health care services.  This family includes, without limitation, Banner Health System®, Banner Health, Banner, Banner Helpline and each of the Banner Health Medical Center Names, including but not limited to Banner Baywood, Banner Good Samaritan, Banner Thunderbird, etc.  Banner is also the owner of the federally registered Heart logo and a variety of unregistered marks, including garden of gratitude, gift from the heart,healing vine, the tree of life collaboration, generations, the villa, and adolescents for change.  These and other Banner Health graphics, logos and service marks are trademarks of Banner Health and may not be used without prior written consent of Banner Health or its affiliates, as the case may be.  All other trademarks, product names, and company names and logos appearing on the Banner Health Web site are the property of their respective owners.

D. Ideas and Inventions
All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to Banner Health in connection with your use of this website shall be the exclusive property of Banner Health.  User agrees that unless otherwise prohibited by law Banner Health may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to User.

V. Privacy and Protection of Personal Information
Banner Health respects the privacy of visitors to our Website.  Please see Banner Health's Privacy Statement relating to the collection and use of your information.  User acknowledges and agrees that this Privacy Statement, including but not limited to the manner that Banner Health collects, uses and discloses User's personally identifiable information, is incorporated and made part of these Terms of Use. If User does not agree to each and every part of Banner Health's Privacy Statement, then User should not use this site or submit or post any personally identifiable information on this site.  Questions regarding privacy issues should be directed to Banner Health System Web Services.

VI. Disclaimers and Limitation of Liability
User expressly agrees that use of Banner Health's Web site and service is at User's sole risk.  Neither Banner Health, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, "Providers"), or the like, warrant that websites affiliated with Banner Health, including but not limited to www.BannerHealth.com, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, harmful or malicious code, or other defects.  The information, products and services published on this Web site may contain inaccuracies or typographical errors.  The Providers make no warranty as to the results that may be obtained from the use of Banner Health's Web sites or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Banner Health's Web sites.

This Web site contains several links to other web sites.  These web sites are not under the control of Banner Health, and the existence of a link on Banner Health's Web site does not imply any endorsement of the linked websites by Banner Health or any affiliation between Banner Health and the owners of the linked Web sites.  Banner Health makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked Web sites.  You agree that Banner Health has no responsibility to you with respect to such material.  Visitors to other websites are encouraged to examine the privacy policies and/or terms of use policies of that website.

This web site is provided by Banner Health on an "as is" and "as available" basis.  Banner Health and the providers make no representations or warranties of any kind, express or implied, as to the operation of the website, the availability of any services or prices offered on or through the website, or the information, content, materials or products, included on this website.   To the full extent permissible by applicable law, Banner Health and the providers disclaim the warranties and conditions, express or implied, with regard to the information, content, materials, products and services available on this website, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.  You expressly agree that your use of this website is at your sole risk.

Banner Health and the providers will not be liable for any damages of any kind arising from the use of or inability to use this web site, including but not limited to direct, indirect, incidental punitive and consequential damages.  No oral advice or written information given by Banner Health nor its affiliates, nor any of their officers, directors, employees, agents, providers, or the like, shall create a warranty of any kind; nor shall user rely on any such information or advice.  The limitation of this paragraph shall apply not withstanding any reliance by a user on any information obtained from the website www.bannerhealth.com or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays on operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Banner Health's records, programs, or services, and whether or not Banner Health and/or any  other providers have been advised of the possibility of such damages.  User hereby acknowledges this paragraph shall apply to all content, merchandise, and services available through www.bannerhealth.com and all other websites affiliated with Banner Health.  Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by the law.

If you are dissatisfied with any Banner Web site content, your sole and exclusive remedy is to discontinue your use of this Web site.

VII. Online Conduct
The User agrees to use the Banner Health Web site only for lawful purposes.  Unacceptable uses of the Web site include without limitation: (i.e.) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on the Website or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, time bombs, spyware, cancelbots or any other malicious or invasive code or program; or (viii) engaging in any other activity deemed by Banner Health to be in conflict with the spirit or intent of this Website.

VIII. Credit and Credit Card Authorization
You may pay for your orders of merchandise or donations with major credit cards issued in the United States of America.  Currently, Banner Health accepts Visa®, MasterCard®, and Discover® Card.  Generally, credit cards are not charged until we either ship the item(s) to you or confirm availability (at which time you will be charged only for the goods we have actually shipped along with any appropriate taxes or shipping charges).  However, Banner Health may pre-authorize your order amount with your credit card issuer at the time you place the order, which may have an effect on your available credit line.  Please contact your credit card issuer for more information.

After you place an order on the Banner Health Web site, we will check the information you give us for validity, by verifying your method of payment or shipping address.  Banner Health reserves the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason.  If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order.  Your credit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your credit card.

IX. Termination
These Terms of Use are effective until terminated by either party.  You may terminate these terms at any time by discontinuing use of the Banner Health Web site and destroying all Materials obtained from this Website and all copies thereof, whether made under these Terms of Use or otherwise.  Your access to the Banner Health Web site may be terminated immediately without notice from Banner Health if in our sole discretion you fail to comply with any term or provision of these Terms of Use.  Upon termination, you must cease use of the Banner Health Website and destroy all Materials obtained from this Web site and all copies thereof, whether made under these Terms of Use or otherwise.

X. Applicable Law/Jurisdiction
This Website is hosted by Banner Health in the State of Arizona.  As such, by visiting Banner Health's Web site, even if accessed from a location outside the United States, you agree that the laws of the State of Arizona will govern these disclaimers, terms of use, without giving effect to any principles of conflicts of laws.  Banner Health reserves the right to make changes to its Web site and these disclaimers, terms of use, and privacy statement at any time.  User hereby irrevocably and unconditionally consents to jurisdiction in the State of Arizona.

XI. Waiver/Severability
The failure of Banner Health to require or enforce strict performance by User of any provision of these Terms of Use or to exercise any right under them shall not be construed as a waiver or relinquishment of Banner Health's right to assert or rely upon any such provision or right in that or any other instance.

The provisions of these Terms of Use are intended to be severable.  If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner and without affecting the remaining provisions hereof, which shall continue to be in full force and effect.

XII. International Users
The Banner Health Web site can be accessed from locations around the world.  Banner Health makes no representations that this Website or the Materials available through it are appropriate for use at other locations outside the United States.  Access to this Web site from locations where this Web site or any of its Materials are illegal is prohibited.  If you access this Web site from a location outside the United States, you are responsible for compliance with all local and/or international laws.

XIII. Security
Banner Health reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Web site in any fashion.  Anyone using this Web site expressly consents to such monitoring.

Date Last Modified:  April 11, 2006

These terms of use may be changed at any time,
without prior notice to any visitor.


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