Metro Health Hospital and its affiliates (“Metro Health”) maintains this Web site (the “Site”) as an online information and communication service. The information provided on this Site, or by any links to this Site, is for general consumer understanding and educational purposes only and should not be interpreted as a recommendation for a specific treatment plan, product, course of action or healthcare provider. Metro Health provides this Site and the information contained within, for the sole purpose of disseminating general health care information for the public benefit. Metro Health does not provide specific medical advice and does not endorse any medical or professional service obtained through the use of information provided on this Site or any links to this Site. Use of the Site does not replace medical consultations with a qualified health or medical professional to meet the health and medical needs of you or a loved one. Please check with a physician or health professional if you suspect you are ill.
By using this Site, you (“User” or “you”) agree to accept and abide by the Terms and Conditions of Use set forth in this agreement and agree to comply with all applicable laws and regulations. If User does not agree to accept and abide by these Terms and Conditions of Use, do not use the Site. Metro Health may revise or modify these Terms and Conditions of Use at any time from time to time and post such revisions or modifications on this page. Continued use of the Site after any such revision or modification constitutes User’s acceptance of the Terms and Conditions of Use as so revised or modified.
- LAWS AND REGULATIONS. User access to the Site is subject to any and all applicable federal, state and local laws and regulations.
- COPYRIGHT. All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Metro Health or its content suppliers and protected by United States and international copyright laws. All software used on this Site is the property of Metro Health or its software suppliers and protected by United States and international copyright laws.
- NO WARRANTIES/DISCLAIMER. THIS SITE IS PROVIDED ON AN “AS IS” BASIS AND AS SUCH THIS SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. ADDITIONALLY, MEDICAL INFORMATION CHANGES RAPIDLY, ALTHOUGH METRO HEALTH MAY UPDATE THIS SITE, SOME OF THE INFORMATION MAY BE OUT OF DATE OR CONTAIN OTHER ERRORS. METRO HEALTH DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, OPINION, ADVICE OR STATEMENT DISPLAYED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, METRO HEALTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SITE AND THE ACCURACY OF ANY INFORMATION ON THIS SITE. METRO HEALTH DOES NOT WARRANT THAT THIS SITE, ITS SERVICES OR E-MAIL SENT FROM METRO HEALTH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. METRO HEALTH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THIS SITE, AND ALL OTHER INFORMATION ON THIS SITE, IS PROVIDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR A SPECIFIC TREATMENT PLAN, PRODUCT OR COURSE OF ACTION. THE INFORMATION CONTAINED IN THIS SITE SHOULD NOT BE RELIED UPON AS SPECIFIC MEDICAL ADVICE FOR ANY USER. METRO HEALTH AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR HOW YOU USE THE INFORMATION PROVIDED THROUGH THIS SITE. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW TREATMENT OR WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.
- FORUMS. Postings by User to any message board-Bulletin Board, chat-room or forum, located in this Site, if any, will not be protected as confidential, and Metro Health may use and provide information contained in any such postings (including any remarks, suggestions, ideas, concepts, know-how or other intellectual property) to other Users, or any parent, subsidiary, and/or affiliates of Metro Health for any purpose whatsoever and as deemed appropriate by Metro Health. By providing any such information or materials to Metro Health, User grants to Metro Health an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, and display such information and materials, and you agree that Metro Health is free to use any remarks, suggestions, ideas, concepts, know-how or other intellectual property. User acknowledges and agrees that User is responsible for whatever material User submits on this Site and User agrees not to post or otherwise disseminate on this Site any unlawful, defamatory, libelous, threatening, obscene, harassing, vulgar or otherwise unlawful information of any kind, or materials that incorporate the proprietary rights of any person. User understands and agrees that Metro Health, its parent, subsidiaries, affiliates, officers, directors, employees and shareholders shall have no liability for any information or material contained on a bulletin board or other posting site.
- LINKS. Metro Health may provide hyperlinks on this Site to other Web sites. Any such link is provided for your convenience only. If User links to these sites, User will leave this Site and User does so at User’s own risk. By providing such links, Metro Health is in no way endorsing any material on such linked Web site or association with the owner and/or operator of such Web site. Metro Health makes no warranty or representation regarding any linked Web sites or the information or content appearing on such linked sites. The links do not imply that Metro Health sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in the linked sites. Metro Health prohibits caching, unauthorized hypertext links to this Site, or the framing of any Metro Health materials available on this Site. As such, Metro Health reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Metro Health materials available on any other Web site linked to this Site. Users should be aware that linked sites may contain rules and regulations, privacy policies, confidentiality policies, and other provisions that differ from the provisions of this Site. Metro Health is not responsible for such policies and expressly disclaims any and all liability related to such policies.
- LIMITATIONS OF DAMAGES. IN NO EVENT SHALL METRO HEALTH, ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND/OR SHAREHOLDERS HAVE ANY LIABILITY HEREUNDER TO ANY USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMIATION, ANY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF INFORMATION, LITIGATION, OR THE LIKE) THAT ARE RELATED TO THE USE OF THIS SITE AND THAT ARE BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF METRO HEALTH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION ON DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN METRO HEALTH AND USER REGARDING USE OF THIS SITE. THIS SITE WOULD NOT BE PROVIDED TO USER WITHOUT SUCH LIMITATION ON DAMAGES. NEITHER METRO HEALTH, NOR ANY OF ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND/OR SHAREHOLDERS HAVE ANY LIABILITY HEREUNDER OR ANY RESPONSIBILITY OF ANY KIND, TO ANY USER OR ANY THIRD PARTY IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS SITE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS SITE OR THE DATA CONTAINED THEREIN AVAILABLE TO USER, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO OR YOUR INABILITY TO ACCESS THE SITE, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF METRO HEALTH OR OF ANY VENDOR PROVIDING SOFTWARE OR SERVICES SUPPORT.
- INDEMNIFICATION. User agrees to indemnify Metro Health and any of its parent, subsidiaries, affiliates, officers, directors, employees and/or shareholders, together with any successor, assign, or licensee of Metro Health, against any damages, losses, liabilities, judgements, costs or expenses (including reasonable attorneys’ fees and costs) arising out of a claim by a third party relating to your use of the Site or any breach or violation of these Terms and Conditions of Use or any other agreements related to the Site.
- ACCESS TO PROTECTED/SECURE AREAS. Access to and use of password protected and/or secure areas of this Site, if any, are restricted to authorized Users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
- VIOLATIONS OF TERMS AND CONDITIONS. Metro Health reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use.
- DISPUTES. Any dispute relating in any way to your visit to metrohealth.net or to any services or products you may purchase through metrohealth.net shall be submitted to confidential arbitration in Grand Rapids, Michigan, except that, to the extent you have in any manner violated or threatened to violate Metro Health’s intellectual property rights, Metro Health may seek injunctive or other appropriate relief in any state or federal court in the state of Michigan, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms and Conditions of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions of Use shall be joined to an arbitration involving any other party subject to these Terms and Conditions of Use, whether through class arbitration proceedings or otherwise.
- INFORMATION/PRESS RELEASES. This Site may contain information and press releases concerning Metro Health. While this information was believed to be accurate to the best of Metro Health’s knowledge when put on this Site, Metro Health expressly disclaims any duty or obligation to update such information or keep such information current.
- GENERAL. User agrees to review these Terms and Conditions of Use prior to reviewing any information from the Site. Any cause of action User may have with regard to the use of this Site must be instituted within six (6) months after the claim or cause of action arises or be deemed forever waived and barred. If any court of competent jurisdiction finds any provision of these Terms and Conditions of Use to be unenforceable, such provision shall be enforced to the maximum extent permissible, and the remainder of this Agreement shall be separately enforced.