Terms of Service
Last updated: October 1, 2015
Welcome to the Stanford Health Care Advantage website. Please read the following Terms and Conditions of Use ("Terms") carefully before using the Site. These Terms govern your access to and use of the Site (as defined below), and your relationship with Stanford Health Care Advantage , and constitute a legal and binding agreement between you and Stanford Health Care Advantage .
This website (including all of its content, databases, and domain names) (the “Site”) is the property of and is maintained by Stanford Health Care Advantage, on behalf of itself and all of its departments and affiliates, and all are referred to herein collectively as “Stanford Health Care Advantage,” “we,” “us” or similar terms). “you”, “your” and similar terms refer to you as a user of the Site.
Your use of the Site is expressly conditioned on your agreement to and compliance with these Terms. Stanford Health Care Advantage may modify these Terms at any time. In such event, we will post a notification of such change on the Site. Any such modifications will become effective no sooner than fourteen (14) days after they are posted to the Site; provided, however, that changes made for legal reasons or describing new functions of the Site will be made effective immediately. All such modifications will become a part of the Terms upon being posted to the Site. The last date on which these Terms were modified is as stated at the top of these Terms. We encourage you to visit the Site periodically to review whether there have been any modifications to these Terms that may affect you. If you disagree with any such modifications, you should cease using the Site. Your continued use of the Site constitutes your agreement to any modifications of these Terms made by Stanford Health Care Advantage.
2. The Site Does Not Provide Medical Advice
THIS SITE IS NOT A SOURCE FOR MEDICAL CARE OR ADVICE. IF YOU THINK YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 OR GO IMMEDIATELY TO YOUR NEAREST HOSPITAL.
This Site provides general information regarding Stanford Health Care Advantage and its offerings, and may provide health information produced by Stanford Health Care Advantage, or by third-party providers that Stanford Health Care Advantage has reviewed and approved. No such information is provided in the course of a professional relationship between a health care provider and a patient. Such information is not intended to be, and should not be used as medical advice or as a substitute for medical treatment by a health care professional. No portions of this Site are reviewed or moderated by health care providers.
Any information or forms accessible through the Site are provided solely as a convenience to you, and are not reviewed by a healthcare provider. Stanford Health Care Advantage is not making a diagnosis of your condition or a recommendation about the course of treatment for your particular circumstances through the use of this Site. You should not assume that information on a particular topic on the Site is complete or up-to-date. You should never disregard or delay seeking medical advice because of what you have read on this Site.
3. Your License to Use the Site
Subject to your compliance with these Terms and applicable law, Stanford Health Care Advantage grants you a limited, non-exclusive, non-transferable, and revocable license, without the right to sublicense, to access and the Site solely for your personal and non-commercial purposes.
4. Limitations on Your Use of the Site
Other than the license set forth in Section 3 (Your License to Use the Site) above, no right, title or interest in or to the Site is granted to you in this Agreement, and any other use, including any commercial use, is strictly prohibited. For clarity, you may not:
- frame all or part of the Site;
- interfere with, disable, breach, or circumvent any security- or authentication-related features of the Site, or attempt to test, scan or assess the vulnerability of the Site;
- distribute viruses, Trojan horses, worms, time or logic bombs, backdoors, trapdoors, or any program or other code or programming routines intended to damage, interfere, intercept, disable, or adversely affect computer systems or websites;
- reverse engineer, decompile, disassemble, or discover the source code or any other portion of the Site, or attempt to do any of the foregoing;
- sell any content on the Site, create course packs, or post information from this Site on another website;
- use any meta tags, metadata or hidden text containing the name, trademark, URL or product name of Stanford Health Care Advantage, its affiliates, or third parties;
- modify, produce derivative works of, adapt, copy, publicly display or perform any portion of the Site, or transmit, broadcast, stream, distribute, provide licenses to, transfer, or otherwise provide any data from the Site to a third party;
- change or delete any proprietary notices from materials downloaded, printed out or otherwise obtained from or through the Site;
- systematically download or print materials from the Site (“systematic” downloading means deliberately downloading or printing, or attempting to download or print, significant parts of the Site or its contents using robots or any similar software, or any other means designed for infringement);
- use the Site in any manner that is contrary with any applicable law (including without limitation, applicable federal and state laws governing the privacy and security of health information), or to compete with Stanford Health Care Advantage or its affiliates;
- use the Site to upload, post, email or otherwise transmit any information that infringes any third party’s intellectual property rights or privacy rights, or any information that you do not have the legal right to so transmit (including any information that, if transmitted by you, would violate your obligations to a third party);
- use the Site to collect information about individuals without their prior written consent thereto, or to harass, threaten, impersonate, attack or cause harm to any person or entity; or
- provide any false or inaccurate information through the Site.
5. Information You Provide to Us
To the extent you provide any information or materials to us on or through the Site (including without limitation, any suggestions, comments, data, or property you provide to us on or through the Site, or via any forms located on the Site that you complete and submit) (collectively, the “Provided Data”), you represent and warrant that (a) such Provided Data does not violate any proprietary (including intellectual property), confidentiality or privacy rights of any third party and (b) such provided Data is lawfully yours and that you have the legal right to provide such material to us. You further represent and warrant that all Provided Data is current, accurate, true and complete, to the best of your knowledge.
6. Use of the Site By Children.
The Site is intended for use by individuals who are at least eighteen (18) years of age. By using the Site, you represent and warrant that you are at least eighteen (18) years of age and have the legal right to enter into this Agreement and use the Site in accordance with these Terms. You are not permitted to use the Site if you are younger than eighteen (18) years of age. Further, and in accordance with the federal Children’s Online Privacy Protection Act of 1998 (COPPA), we do not knowingly collect personal information about individuals who are younger than thirteen (13) years of age (“Minor Personal Information”). If you become aware that we are in possession of Minor Personal Information belonging to your child, please notify us immediately, and we will delete such from our records.
8. Ownership of the Site and of Stanford Health Care Advantage Marks
As between you and Stanford Health Care Advantage, Stanford Health Care Advantage is and shall remain the owner of all patent, copyright, trademark and other intellectual property and proprietary rights in and to the Site and aspects thereof, including without limitation, the information, content, and software therein, and nothing grants to you any rights other than the limited license set forth in the first portion of Section 3 (Your License to Use the Site) above. You have no right to all or any portion of the Site (including any such content, software or services) to the extent such right is not expressly granted in this Agreement.
Further, "Stanford Health Care Advantage" and the logos or other proprietary marks of Stanford Health Care Advantage and its licensors and partners are trademarks of Stanford Health Care Advantage and its licensors and partners, and no right, title or interest in or to such trademarked and other trademarks is granted you in this Agreement, except the license stated above.
We reserve the right, in our sole discretion, to change the Site and any component thereof (including without limitation any information or content located thereon) at any time, or to discontinue the Site entirely, without providing advance notice to you. We may elect, in our sole discretion, suspend or terminate your access to the Site, for any reason (including without limitation your breach of any portion of these Terms) or no reason, and without providing advance notice to you. Any suspension or termination of your access to the Site will terminate all licenses and other rights granted by Stanford Health Care Advantage to you under these Terms. For clarity, however, and notwithstanding the foregoing, any suspension or termination hereunder shall not affect your obligations to Stanford Health Care Advantage pursuant to those provisions of these Terms that, by their nature, are intended to survive any such suspension or termination, including without limitation, Section 8 (Ownership of the Site and of Stanford Health Care Advantage Marks), Section 10 (The Site is Provided “As Is”), Section 11 (Stanford Health Care Advantage is Not Responsible for Third-Party Sites), Section 12 (You are Responsible for Your Use of the Site), Section 13 (Indemnification), Section 14 (Dispute Resolution), and Section 16 (Other Miscellaneous Provisions) shall survive; but your license to the Site (as set forth in Section 3 (Your License to Use the Site)) hereof) shall be suspended or terminated, as the case may be.
10. The Site is Provided "As Is"
ALL CONTENT AND OTHER INFORMATION MADE AVAILABLE TO YOU VIA THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. Stanford Health Care Advantage MAKES NO, AND HEREBY DISCLAIMS ANY AND ALL, WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE. FURTHER, Stanford Health Care Advantage DISCLAIMS ANY WARRANTY REGARDING THE PERFORMANCE, ACCURACY, RESPONSIVENESS, SECURITY, RELIABILITY, OR TIMELINESS OF THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT THE SITE WILL BE AVAILABLE AT ALL TIMES OR WILL OPERATE WITHOUT INTERRUPTION OR ERROR. Stanford Health Care Advantage FURTHER MAKES NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, ACCURACY, COMPLETENESS OR SUITABILITY OF THE SERVICES OR INFORMATION PROVIDED THROUGH THE SITE.
IF AND SOLELY TO THE EXTENT THAT YOUR JURISDICTION DOES NOT PERMIT US TO EXCLUDE OUR WARRANTIES AS STATED HERE, THEN THESE EXCLUSIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW OF SUCH JURISDICTIONS.
11. Stanford Health Care Advantage is Not Responsible for Third-Party Sites
12. You are Responsible for Your Use of the Site
YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SITE.
Stanford Health Care Advantage AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND INFORMATION PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES YOU MAY SUFFER OR CAUSE THROUGH YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Stanford Health Care Advantage AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND INFORMATION PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITE (INCLUDING THE CONTENT THEREIN). IF YOU AR NOT SATISFIED WITH YOUR USE OF THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE. IF YOUR JURSIDICTION DOES NOT PERMIT US TO LIMIT OUR LIABILITY IN THIS MANNER, THEN YOU AGREE AND ACKNOWLEDGE THAT Stanford Health Care Advantage AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND INFORMATION PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITE (INCLUDING THE CONTENT THEREIN) EXCEEDING ONE HUNDRED DOLLARS ($100.00).
Stanford Health Care Advantage SHALL NOT HAVE ANY LIABILITY FOR ANY LOSSES OR OTHER DAMAGES, WHETHER INDIRECT OR DIRECT, ARISING OUT OF OR RELATING TO YOUR USE OF THIRD-PARTY SITES (AS DESCRIBED IN SECTION 11 ABOVE).
THESE LIMITATIONS SHALL APPLY WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED IN CONTRACT (INCLUDING, BUT NOT LIMITED TO, BREACH OF WARRANTY), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE GROUNDS.
ANY CLAIM BY YOU ARISING OUT OF OR RELATING TO OUR RELATIONSHIP WITH YOU OR YOUR USE OF THE SITE (INCLUDING ANY CONTENT THEREIN) MUST BE BROUGHT BY YOU WITHIN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO SUCH CLAIM, OR SUCH CLAIM WILL BE FOREVER BARRED.
IF AND SOLELY TO THE EXTENT THAT YOUR JURISDICTION DOES NOT PERMIT US TO LIMIT OUR LIABILITY TO YOU AS STATED HERE, THEN THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW OF SUCH JURISDICTIONS.
You agree to indemnify and hold Stanford Health Care Advantage and its affiliates, and its and their respective officers, directors, employees, contractors, agents and representatives harmless from and against any claims, demands, causes of actions, costs, losses or damages, including attorneys fees and expenses, resulting from or arising in connection with any of the following:
- (a) your breach of any of these Terms;
- (b) your access to the Site;
- (c) any activity on the Site by you or anyone accessing the Site through you, including without limitation your negligent or willful conduct; and
- (d) your violation of any rights of a third party, including without limitation any violation of a third party’s intellectual property or other property, confidentiality, or privacy rights.
We reserve the right, at our expense, to assume the defense or control of any matter subject to indemnification by you, and you agree to cooperate with us, at your own expense, with respect to our defense or control thereof.
14. Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America, as such laws would apply to a contract fully negotiated, entered into, and performed in that state. You agree that any enactment of the Uniform Computer Information Transactions Act (UCITA), if such is enacted into law in California, shall not govern the interpretation of these Terms, in whole or in part. You irrevocably agree that any dispute, controversy or claim arising out of or related to these Terms or your use of the Site will be resolved and settled through arbitration administered by the American Arbitration Association and conducted in Santa Clara, California, United States of America. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. You agree that the state or federal courts located in or serving Santa Clara County, California, United States of America, shall have exclusive jurisdiction and venue over any action arising out of or relating to these Terms or your use of the Site. You irrevocably consent to the personal jurisdiction of such courts and waive any and all claims and objections that a court located in or serving Santa Clara County, California, lacks personal jurisdiction over you, is an improper venue, or is an inconvenient forum.
15. Contact Us
Please contact us if you have any questions regarding these Terms. We are located at the following address:
Stanford Health Care Advantage
Attention: Compliance Officer
P.O. Box 72530
Oakland, CA 94612
with a copy to: Stanford Health Care Advantage, Attention: Office of the General Counsel, Building 170, Third Floor, Main Quad, P.O. Box 20386, Stanford, CA 94305-2038.
You may also contact us via telephone at 1-855-996-8422 (TTY: 711).
Note: This address is provided solely so that you can send us questions or concerns about these Terms. Any correspondence you provide regarding any other topic, such as requests to be unsubscribed from mailings, inquiries for technical support, formal notices, or reports of instances of infringement, will not receive a response through this process.
© Stanford Health Care Advantage. All rights reserved.
16. Other Miscellaneous Provisions
- (a) Entire Agreement. These Terms constitute the entire and only understanding between you and Stanford Health Care Advantage regarding your use of the Site, and supersede any prior or contemporaneous agreements, whether written or oral, regarding the Site. No modification or attempted modification by you of these Terms by you shall be binding on Stanford Health Care Advantage unless made in writing and physically signed by an officer of Stanford Health Care Advantage. If there is any conflict between a provision of these Terms and a subsequent, separate, and written agreement between you and Stanford Health Care Advantage relating to the Site, the written agreement will control.
- (b) Relationship of Parties. Stanford Health Care Advantage’s relationship with you is solely as an independent contractor, and no agency, partnership, joint venture, employment or other relationship is created by these Terms.
- (c) No Third-Party Beneficiaries. Except with respect to Stanford Health Care Advantage’s licensors, who may have the right to enforce this agreement as third-party beneficiaries thereof, there are no third-party beneficiaries to these Terms.
- (d) Headings. The headings contained within these Terms are for ease of reference only, and shall not affect the interpretation of these Terms.
- (e) Typographical Errors. The Site may contain typographical or other errors or omissions, and may not be completely up-to-date or current. We reserve the right, in our sole discretion, to update the Site to correct such errors or omissions and to update or change information as needed, at any time, without providing prior written notice to you; but we do not guarantee that all such errors and omissions will be corrected, nor that such updates and changes will be made.
- (f) Severability. To the extent that a provision of these Terms is deemed invalid, illegal or unenforceable, the invalid, illegal or unenforceable provision will be removed from these terms and replaced with a valid, legal, and enforceable term that best accomplishes the objective of the invalid, illegal or unenforceable provision; and the remainder of the Terms will continue to be valid, legal and enforceable.
- (g) Waiver. Stanford Health Care Advantage’s failure to enforce any provision of these Terms shall not be deemed a waiver of that or any other provision of these Terms, and any waiver by Stanford Health Care Advantage must be in writing and signed by an officer of Stanford Health Care Advantage in order to be effective.
- (h) Notices. Notices sent to you by Stanford Health Care Advantage in connection with these Terms or your use of the Site may be delivered to you by electronic mail or first class U.S. Mail (solely to the extent that you provide your electronic mail or U.S. Mail addresses to us), or a general notice on the Site. You may give notice to Stanford Health Care Advantage at any time by letter delivered by first class postage prepaid U.S. Mail or overnight courier to the following address: Stanford Health Care Advantage, Attention: Web Center, P.O. Box 72530, Oakland, CA 94612, with a copy to: Stanford Health Care Advantage, Attention: Office of the General Counsel, Building 170, Third Floor, Main Quad, P.O. Box 20386, Stanford, CA 94305-2038.
- (i) California Department of Consumer Affairs. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or via telephone at (800) 952-5210 or (916) 445-1254.
17. Infringement: Digital Millennium Copyright Act (DMCA) Notices
We have a policy of responding to every notice of alleged copyright or trademark infringement that we receive. We reserve the right to respond as we deem appropriate, including by removing access to the allegedly infringing material or by terminating a user’s right to continue to access the Site. If we undertake either of these actions, we will use commercially reasonable efforts to contact individuals who have provided such information to permit them to make an Infringement Counter-Notice, as described below.
(a) Infringement Notice
If you have a good faith belief that your copyright or trademarked property (each, an “Item”) has been posted on the Site, you must provide written notice (an "Infringement Notice") to us, at the address below, which must include, at a minimum:
- Description of the Item that you allege is copyrighted or trademarked (in sufficient detail to permit us to identify it);
- Information regarding the location of the Item (e.g., the URL of each web page on which such Item is located) that permits us to locate the Item on the Site;
- A written affirmation stating that you have a good faith belief that the inclusion of the Item on the website is not permitted under applicable law, or by the owner or agent of the copyright or trademark;
- A written statement by you that you attest and swear under penalty of perjury that:
- a. The information contained in the Infringement Notice is accurate and complete; and
- b. You are the owner, or are authorized to act on the behalf of the owner, of an exclusive right to the copyright or trademark that has allegedly been infringed;
(b) Infringement Counter-Notice
If you have a good faith belief that an Item posted on the Site was improperly removed for alleged copyright or trademark infringement, you may provide written notice (an "Infringement Counter-Notice") to us, at the address below, which must include, at a minimum:
- Description of the Item that you allege is copyrighted or trademarked (in sufficient detail to permit us to identify it);
- Information regarding the location of the Item before it was removed (e.g., the URL of each web page on which such Item was located prior to its removal);
- A written statement by you that you attest and swear under penalty of perjury that you have a good faith belief that the removal of the Item from the Site was removed as the result of a misidentification or mistake. With respect to instances of alleged trademark infringement only, you must also provide to us information that explains why the trademarked Item is not being infringed;
- A written statement that you consent to the jurisdiction of:
- a. the Federal District Court for the judicial district in which you reside, if you are located in the United States; or
- b. the Federal District Court for the judicial district in which Stanford Health Care Advantage is located, if you are located outside the United States;
(c) Address for Infringement Notices and Infringement Counter-Notices.
All Infringement Notices and Infringement Counter-Notices must be sent to Stanford Health Care Advantage at the following address:
Stanford Health Care Advantage
Attention: Office of the General Counsel
Building 170, Third Floor, Main Quad
P.O. Box 20386
Stanford, CA 94305-2038
Note: This address is provided solely so that you can send us Infringement Notices and Infringement Counter-Notices. Any correspondence you provide regarding any other topic, such as requests to be unsubscribed from mailings, inquiries for technical support, or questions or concerns regarding these Terms generally, will not receive a response through this process.
© Stanford Health Care Advantage. All rights reserved.