Terms and Conditions

Welcome to the BroMenn Healthcare System (“BroMenn”) web site. Please read the following terms and conditions of use (“Terms of Use”) carefully before using the Site. The following Terms of Use govern your relationship with BroMenn regarding your use of the BroMenn web site.

Binding Agreement

This is a binding agreement: by using the BroMenn web site located at www.bromenn.org, www.bromenn.com, www.eurekahospital.org, www.eurekahospital.com or www.bromennmedicalgroup.com (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by BroMenn from time to time. BroMenn will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of any Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

Your Use of Information

INFORMATION PROVIDED VIA THE SITE IS NOT INTENDED TO BE, AND SHOULD NOT BE USED AS, MEDICAL OR PROFESSIONAL ADVICE OR A SUBSTITUTE FOR MEDICAL TREATMENT BY A HEALTHCARE PROFESSIONAL. Information provided via the Site is provided as a service to the community and is intended to be general in nature. This information is not provided in the course of a professional relationship between a health care provider and a patient. BroMenn is not recommending a course of treatment for your particular circumstances or making a diagnosis through the use of the Site. Do not disregard or delay in seeking medical advice because of any information you read on the Site.  Your health care provider should be consulted regarding matters concerning the medical condition, treatment, and needs of you and your family.  Reference to products or medications on the Site is for informational purposes only and should not be considered an endorsement, recommendation, or approval of such products or medications.

Limited Personal Permission to Use the Site; Prohibited Uses

BroMenn is giving limited personal permission to use the Site.  You may not transfer or assign your personal permission to any other party.  Such personal permission is limited in that you may not:

• Use, download, or print material from the Site for commercial use (i.e., selling, posting information on another web site, etc.).
• Modify or delete any proprietary notices from material downloaded or printed from the Site. 
• Transmit or otherwise provide data from the Site to a third party.
• Use the Site in any manner that is contrary to any applicable law.

BroMenn further imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing,” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP /IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by BroMenn in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

Your limited personal permission to use the Site shall terminate immediately in the event you breach these Terms of Use. You are solely responsible for your use of the Site.

Medical Privacy

Information on BroMenn’s medical information privacy policy can be found by clicking on HIPAA Privacy Information.  BroMenn’s policy regarding patient rights can be found by clicking on Patient Rights.

Site Confidentiality and Privacy

BroMenn respects your privacy and permits you to control the treatment of your personal information. A complete statement of BroMenn’s current Site privacy policy regarding this Site can be found by clicking on Site Privacy.  

When you are required to open an account to use or access the Site or the Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify BroMenn immediately on any unauthorized use of your account, user name, or password. BroMenn shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by BroMenn, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

Trademark and Copyright

BroMenn is the owner or licensee of all rights in the Site, its content, software, and the Service.  Unless expressly stated in these Terms of Use, you have no right to such content, software, or the Service.  “BroMenn Healthcare” and the logos or other proprietary marks of BroMenn or its licensors and partners are trademarks of BroMenn or its licensors and partners.  These Terms of Use do not grant you any right, title or interest in those trademarks.  You should assume that everything you see or read on the Site is copyrighted by BroMenn or others unless otherwise noted.  You may download material from the site for non-commercial, personal use as long as you also retain all copyright and other proprietary notices contained on the materials.

When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

Inappropriate Content

You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

Feedback

BroMenn is committed to providing a user-friendly environment for visitors and users of the Site.  Your comments and questions are welcomed.  Please send your comments and questions to webmaster@bromenn.org. PLEASE NOTE: EMAIL THAT YOU SEND US IS NOT NECESSARILY SECURE AGAINST INTERCEPTION.  IF YOU WISH TO COMMUNICATE SENSITIVE INFORMATION TO US, SUCH AS YOUR SOCIAL SECURITY NUMBER, BANK ACCOUNT NUMBER, MEDICAL OR HEALTH-CARE RELATED INFORMATION, OR CREDIT CARD NUMBERS, CONTACT US THROUGH ONE OF OUR SECURE ONLINE FORMS OR BY MAIL OR TELEPHONE, INSTEAD OF VIA EMAIL.  BROMENN IS NOT ABLE TO PROVIDE MEDICAL ADVICE VIA E-MAIL.  FOR MEDICAL ADVICE, PLEASE CONSULT YOUR DOCTOR OR CLICK ON FIND A DOCTOR TO LOCATE A DOCTOR.

BroMenn’s Use of Certain Information About You

You agree that, should you elect to supply it, BroMenn may use your name, e-mail address, physical address, or other data to communicate with you. You may request to have this information modified or deleted from our records by contacting webmaster@bromenn.org.  BroMenn may use this information as necessary to enforce these Terms of Use. BroMenn will not sell this information to any other party.  A complete statement of BroMenn’s current Site privacy policy, including information regarding how BroMenn may use information about you and how you can limit such use, can be found by clicking Site Privacy.

Site Provided “As-Is”

INFORMATION AND THE SERVICE PROVIDED ON THE SITE ARE PROVIDED AS IS AND AS AVAILABLE.   BROMENN MAKES NO, AND HEREBY DISCLAIMS ANY, WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE.  BROMENN DISCLAIMS ANY WARRANTY AS TO THE AVAILABILITY OF THE SITE OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.  BROMENN MAKES NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE SERVICE OR INFORMATION PROVIDED THROUGH THE SITE. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE.  BROMENN IS NOT RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF INFORMATION PROVIDED.

Limited Liability

BROMENN’S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BROMENN BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER INFORMATION OR THE SERVICE PROVIDED TO YOU BY THE SITE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.

Affiliated Sites

BroMenn has no control over, and no liability for, any third party web sites or materials. BroMenn works with a number of partners and affiliates whose internet sites may be linked with the Site. Because neither BroMenn nor the Site has control over the content and performance of these partner and affiliate sites, BroMenn makes no guarantees about the accuracy, currency, content, or quality of the information or services provided by such sites, and BroMenn assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that BroMenn makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.  Links to third party web sites do not imply BroMenn’s endorsement of such site or such site’s products or services.

Indemnity

YOU AGREE TO INDEMNIFY BROMENN FOR CERTAIN OF YOUR ACTS AND OMISSIONS. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS BROMENN, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND REPRESENTATIVES FROM ANY AND ALL THIRD PARTY CLAIMS, LOSSES, LIABILITY, DAMAGES, AND /OR COSTS (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING FROM YOUR ACCESS TO OR USE OF THE SITE, YOUR VIOLATION OF THESE TERMS OF USE, OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. BROMENN WILL NOTIFY YOU PROMPTLY OF ANY SUCH CLAIM, LOSS, LIABILITY, OR DEMAND, AND WILL PROVIDE YOU WITH REASONABLE ASSISTANCE, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, LOSS, LIABILITY, DAMAGE, OR COST.

Notices

Notices sent to you by BroMenn in connection with these Terms of Use or your use of the Site or the Service may be delivered to you by electronic mail, a general notice on the Site, or by written communication delivered by first class U.S. mail. You may give notice to the BroMenn Healthcare System at any time by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:

BroMenn Healthcare System
Attention: Webmaster
P.O. Box  2850
Bloomington, IL   61702-2850

Governing Law

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of Illinois, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in McLean County, Illinois, USA, in all disputes arising out of or related to the use of the Site or Service.

Severability; Waiver

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

No License

Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by BroMenn or by any third party.

Illinois Use Only

The Site is controlled and operated by BroMenn from its offices in the State of Illinois. BroMenn makes no representation that any of the materials or the Service to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as BroMenn ’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Illinois.

Modifications

BroMenn may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. BroMenn shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.  No modification or attempted modification of these Terms by you shall be binding on BroMenn unless made in writing and physically signed by an authorized representative of BroMenn.

Entire Agreement

The Terms of Use constitute the entire agreement between BroMenn and you pertaining to the subject matter hereof.

Contact Us

For more information regarding the Site, please contact us at webmaster@bromenn.org or at the address below:

BroMenn Healthcare System
Attention: Webmaster
P.O. Box  2850
Bloomington, IL   61702-2850

Acknowledgment

BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Copyright

All contents of Site or the Service are: Copyright © 2007 BroMenn Healthcare System, P.O. Box 2850, Bloomington, IL   61702-2850. All rights reserved.