Terms and Conditions of Use
This web site (the "MeritCare site") is an online information and communications service provided by MeritCare Health System ("Provider"). In order to use the MeritCare site, you must agree to be bound by all of the terms and conditions set out below. These terms and conditions contain disclaimers of liability which you should read carefully. Your only remedy for dissatisfaction with this site is to stop using it. The Provider may modify this Agreement at any time and these modifications will be effective immediately upon posting. Therefore, you agree to review this Agreement periodically to be aware of any modifications of this Agreement. By using the MeritCare site, you agree to be bound by Terms and Conditions of Use as they appear at the time of your access or use.
Not Medical Advice. THE INFORMATION PROVIDED IN THIS SITE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS CONTACT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW TREATMENT OR WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NOTHING CONTAINED IN THE MERITCARE SITE IS INTENDED OR IMPLIED TO BE FOR MEDICAL DIAGNOSIS OR TREATMENT.
Copyright Notice. The news, information and other material on the MeritCare site is copyrighted by Provider, or by other information providers who have licensed their content for electronic publication by Provider. It is protected by international copyright and trademark laws. You have permission to download information from this site for your personal, non-commercial use, provided that you agree to keep intact all copyright and other proprietary notices. Aside from downloading information for your personal, non-commercial use, you may not reproduce, republish or redistribute material from the MeritCare site without express written consent of Provider or of the copyright holder, if the copyright holder is not Provider.
No Warranties. While Provider and the other parties which provide content for this site try to keep the information as accurate as possible, Provider disclaims any implied warranty or representation about its accuracy, completeness, or appropriateness for a particular purpose. Information on this site may be changed or updated without notice. Information may be out of date at any given time since Provider has no obligation to update information on this site. You assume full responsibility for using the information on this site, and you understand and agree that Provider is neither responsible nor liable for any claim, loss, or damage resulting from use of this site. THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, WARRANTIES OF NONINFRINGEMENT, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE MERITCARE SITE, OR WITH REGARD TO ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE MERITCARE SITE. EXCEPT AS OTHERWISE EXPRESSLY SPECIFIED, THE PROVIDER DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, MERCHANDISE OR OTHER INFORMATION PROVIDED THROUGH THE MERITCARE SITE OR ON THE INTERNET GENERALLY. IN NO EVENT WILL THE PROVIDER BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE MERITCARE SITE.
IN NO EVENT SHALL THE PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SITE, OR SITES ACCESSED THROUGH THIS SITE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. A USER'S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE MERITCARE SITE IS TO STOP USING THE MERITCARE SITE.
Information Provided By You. By using the MeritCare site, you also agree that you will not upload any copyrighted material to this site without the written consent of the copyright holder. You agree that you will not use language that is unlawful, threatening, abusive, discourteous, criminal, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent. You agree that you will not post or transmit information or materials that would violate rights of any third party or which contain a virus or other harmful component. Provider is not obligated to monitor chat rooms or bulletin boards, but reserves the right to remove or edit any messages or material submitted by users. Provider is not responsible for material submitted to the site, or posted in chat rooms or bulletin boards by site users. By communicating with Provider, however, you grant provider permission to use any information, suggestions, ideas, drawings or concepts that you communicate without any compensation to you whatsoever.
Other Terms and Conditions. Except for information, products or services clearly identified as being supplied by the Provider, the Provider does not operate, control or endorse any information, products or services on the Internet, including on the MeritCare site, in any way. The Provider cannot and does not guarantee or warrant that files available for downloading through the MeritCare site will be free of viruses or code that could cause damage to your computer and the information and files contained within your computer. If you use this site, you are responsible for taking steps necessary to protect your computer and the information on it, and for maintaining a means external to the MeritCare site for the reconstruction of any lost data.
The MeritCare site provides links to sites operated by third parties. These links are not under the control of Provider and Provider is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such site. Provider is not responsible for any webcasting or any other form of transmission received from any linked site. Provider provides these links merely as a convenience to you. The inclusion of any linked site on the MeritCare site does not imply endorsement by MeritCare of the site or the information, products or services contained on it.
THE MERITCARE SITE IS NOT INTENDED TO CONSTITUTE THE DOING OF BUSINESS IN ANY JURISDICTION, NOR TO BE A SOLICITATION OF BUSINESS ANYWHERE ON BEHALF OF MERITCARE HEALTH SYSTEM OR ANY OF ITS AFFILIATED CORPORATIONS, NOR TO CONSTITUTE ANY CONTACTS WITH ANY JURISDICTION OUTSIDE OF THE STATES OF NORTH DAKOTA OR MINNESOTA. This Agreement is entered-into and performed in the State of North Dakota, United States of America, and is governed by and shall be construed in all respects under the laws of North Dakota, exclusive of its choice of law or conflict of laws provisions. In any claim or action directly or indirectly arising under this Agreement or related to the MeritCare site, each party irrevocably submits to the exclusive personal jurisdiction of the North Dakota State District Court sitting in Cass County, North Dakota, or if such court does not have subject-matter jurisdiction, then each party irrevocably submits to the exclusive personal jurisdiction of the United States Court for the District of North Dakota, Southeastern Division, and whichever of those two courts has jurisdiction, each party waives any jurisdictional, venue, or inconvenient forum objections to such court. If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction not to be enforceable, then such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Agreement constitutes the entire agreement between the parties pertaining to its subject matter. It may not be modified except as described elsewhere in this Agreement. Anything in the MeritCare site inconsistent with or conflicting with the terms of this Agreement is superseded by the terms of this Agreement. The marks "MeritCare" and "Bassinet" and their logos are service marks or trademarks of MeritCare Health System.
Privacy Policy
Provider will explicitly ask you when we need information that personally identifies you ("Personal Information"). We use your Personal Information to improve this site and we may occasionally inform you of new features, services, and products. MeritCare will not provide your personal information to third parties unless, in MeritCare's good-faith belief, it is required under the law. We may place a text file called a "cookie" in the browser files of your computer. The cookie itself does not contain Personal Information although it will enable the Site to relate your use of the Site to information that you have specifically and knowingly provided to the Site. The site may also collect your IP address, which does not contain Personal Information. The IP addresses will be used to monitor site usage statistics.