Terms of Use

The following statement (the "terms of use") describes the terms on which you (referred to throughout this document as "user" or "you") are permitted to access the Middlesexhealth.org website (the "website"). The website, other than the "health and wellness" section, is owned and operated by Middlesex Health Systems, Inc., on behalf of itself and its subsidiaries and affiliates (collectively referred to throughout this document as "Middlesex," "us" or "we"). The "health and wellness" section of the website is operated by a third party, EBSCO Publishing. A separate privacy policy and terms of use apply to your access of the health and wellness section. On each page within the health and wellness section, a link to such different privacy policy and terms of use appears of the applicable web pages. Or, if you prefer to view the privacy policy and terms of use applicable to the "health and wellness" section of the website now, please follow one of these links: 1) Krames Staywell privacy policy or 2) Krames Staywell terms and conditions of use. Please note that while there is a separate privacy policy and terms of use for the health and wellness section of the website, to the extent these terms of use do not directly conflict, these terms of use shall apply as well.

Before registering for access to the website or any services that may be available through the website (the "services"), please read all of these terms carefully. These terms of use constitute a legal agreement between the user and Middlesex. Your use of the website and/or our services is an acceptance of these terms of use. If you do not agree to these terms of use, you may not access the website or use any of our services.

We may amend these terms of use at any time. Except as stated below, all amended terms shall automatically be effective upon being posted by us on the website. Accordingly, you should check the website frequently for any changes to these terms of use. Your continued use of this website or our services after any change or amendment to these terms of use shall constitute your acceptance of such changes or amendments. These terms of use may not be otherwise amended except in a writing signed by you and Middlesex.

Not Medical Advice

The information and services available through the website are not intended as a substitute for medical professional help or advice. It is intended to be used only for educational or research purposes and may or may not be complete with respect to any particular topic. You should not rely on information contained in or the services available through this website in rendering a diagnosis or considering a course of treatment.

Middlesex does not intend for the information on the website or the services to be medical advice. Middlesex will not accept requests for medical advice or treatment, or render specific medical advice or treatment, through the website. No person is authorized to use this website to render medical advice or treatment. By using this website you agree that you will not solicit medical advice or treatment from Middlesex by way of the website or email. In addition, you agree that you will not provide to Middlesex via this website or email any individually identifiable health information. You hereby release Middlesex from any and all obligations or liability associated with your solicitation of medical advice or treatment, or providing individually identifiable health information, via this website or email. You further agree to indemnify, defend and hold Middlesex harmless from any and all liabilities, losses, costs or damages (including, without limitation, attorneys fees) in connection with, arising out of or related to your solicitation of medical advice or treatment, or providing individually identifiable health information, via this website or email.

Your Use of the Website

Subject to the others terms and conditions of these Terms of Use, your permitted use of and access to the Website is limited to: (i) searching and viewing information within the Website for Your own personal use, (ii) downloading and making limited printouts of the information You view on the Website for your own personal use, and (iii) interacting with those areas of the Website that permit interaction for its intended purpose. You agree that in no event shall your use or access to the Website be for commercial purposes. You are solely responsible for any actions you take while using the Website or the Services or based upon the Services or the information contained within the Website.

The Health and Wellness Section of the Website

As discussed above, the Health and Wellness Section of the Website is owned and operated by Healthgate Data Corp. The information contained in such section is provided to You as a convenience. You acknowledge and agree that Middlesex is not responsible for the information contained within the Health and Well Section of the Website. Accordingly, You release Middlesex from any and all liability that may arise out of, is related to or in connection with your use of the Health and Wellness Section of the Website or the information contained therein. In addition, You agree to indemnify, defend and hold Middlesex harmless from and against any and all liabilities, losses, costs or damages (including, without limitation, attorneys fees) in connection with, arising out of or related to Your use of the Health and Wellness Section of the Website or Your use of the information contained therein.

Your Information

"Your Information" is defined as any information you provide to Middlesex in the registration process, in any public message area (including the feedback system), through any upload feature, or through any e-mail feature.

You agree that: (a) Your Information shall not be false, inaccurate or misleading; (b) Your Information shall not violate the rights of any third party, including without limitation privacy and proprietary rights; (c) Your Information shall not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) Your Information shall not be fraudulent or involve counterfeit or stolen items; (e) Your Information shall not violate any law, statute, ordinance or regulation (including without limitation those governing consumer protection, unfair competition, antidiscrimination, or false advertising); (f) Your Information shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) Your Information shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, data or personal information; (h) Your Information shall not create liability for Middlesex; and (i) Your Information shall not contain any individually identifiable health information.

Solely to enable Middlesex to use the information you supply us with, and to ensure that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright and publicity rights you have in Your Information, including the right to reproduce, distribute, adapt, perform, display and prepare derivative works therefrom, in any media now known or hereinafter known (but no other rights). Middlesex will not sell, trade, or rent your personally identifying information to third parties without your prior consent. We may disclose, however, certain non-identifying aggregated information so we can provide general statistical information to third parties about the users of our services. Furthermore, any use of personally identifying information will be in accordance with our Privacy Policy.

What if You Breach These Terms of Use

Without limiting other remedies, We may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate Your access to the Website and refuse to provide any services to You, if: (a) You breach these Terms of Use or the documents they incorporate by reference; or (b) we believe that Your actions may cause legal liability for You, our users, or Us.

Links

The Website may contain links to third party sites within our content and through our advertisers. We are not responsible for and do not endorse or recommend any of the content on these sites, nor are we responsible for Your use of these sites or any transactions You perform on them. Be aware that any policies that govern this Website, including these Terms of Use and our Privacy Policy, do not govern the linked websites.

Termination of the Website or the Services

Middlesex reserves the right to terminate Your access to the Website or shut down the Website or the Services at any time for any reason or for no reason, without liability to You or any other person or entity. Middlesex need not provide you with any prior notice of any such termination or shut-down.

The Website is Provided As-Is

The website and any service that may be available through the website are provided "as is," "as available" and without any warranties of any kind including, without limitation, any warranty with respect to the quality, performance or functionality of the website or the services or with respect to the quality or accuracy of any information obtained from or available through use of the website or the services or that the website, the content contained therein or the service will be uninterrupted or error-free. Furthermore, Middlesex makes no warranty that any defects, errors or inaccuracies, whether known or unknown, will be corrected, or that the website or the services will be virus-free. Middlesex disclaims all warranties, express or implied, including, without limitation, warranties of title, merchantability, and fitness for a particular purpose and non-infringement. Some states do not allow limitations on implied warranties so these limitations may not apply to you. In those states, Middlesex’s liability is limited to the fullest extent permitted by law.

Limitation of Middlesex's Liability

Under no circumstances will Middlesex be liable under any section of these terms of use or under contract, negligence, strict liability or any other legal or equitable theory for any indirect, incidental, exemplary or consequential damages (including, without limitation, loss of use, lost profits, loss of data or information of any kind or loss of business goodwill or opportunity) whether or not we have been advised of the possibility of such loss or damages. Middlesex shall not be liable for the cost of procurement of substitute goods, services or technology and in no event shall our liability to you exceed the greater of (I) the amount of fees you have paid to us for use of the website or the services available through the website during the ninety (90) days immediately prior to damage or (ii) ten ($10) dollars ($10.00). No action, regardless of form, arising out of these terms of use may be brought by you more than one (1) year after the event underlying the cause of action has occurred. The terms of this section will survive any termination of these terms of use and your use of the website and our services. In jurisdictions that restrict limitation of liability provisions, Middlesex’s liability will be limited to the greatest extent permitted by law. The fees (or lack thereof) charged for access to the website or the services available through the website have been calculated based upon these limitations.

Indemnity

You agree to defend, indemnify and hold Middlesex and its officers, directors, employees, agents and affiliates harmless from and against any and all claims, losses, damages, liabilities and costs including, without limitation, reasonable attorney fees and court costs (collectively, the "claims") arising out of or relating to your use of the website or the services available through the website or a breach of any of these terms of use by you.   this indemnification obligation shall survive any termination of these terms of use or the website.

Legal Compliance

You shall comply at all times with all applicable laws, statutes, ordinances and regulations regarding your use of the Website and the Services.

Copyright

All content appearing on this Website is the copyrighted property of Middlesex unless otherwise noted. Reproduction or storage of materials retrieved from this service is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. No party may link to or frame any portion of this Website without the express prior written consent of Middlesex.

Notices

Except as explicitly stated otherwise, (i) any notices to Middlesex shall be made by postal mail to Middlesex Hospital, 28 Crescent Street, Middletown, CT, 06457, Attn: Chief Executive Officer, with a copy to Paul Knag, Esq., Cummings & Lockwood, Four Stamford Plaza, Stamford, CT 06904; and (ii) any notices to you shall be made by postings to our Website. Alternatively, we may give you notice by sending an e-mail to the e-mail address you provided us when registering or by postal mail to the postal address you provided us when registering. In the case of e-mail, notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. In the case of postal mail, notice shall be deemed given 4 days after the date of proper mailing.

Feedback

Middlesex welcomes your feedback. Please let us know if there is some way that we can improve the Website or the Services. To see how to send feedback, please click on the "Feedback" link that appears in the Middlesex & the Community section drop down menu, or click this link. Please note that by providing us feedback, you are granting Middlesex a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright and publicity rights you have in such feedback, including the right to reproduce, distribute, adapt, perform, display and prepare derivative works therefrom, in any media now known or hereinafter known (but no other rights). Feedback may not be used to solicit medical advice or treatment nor may feedback include any individually identifiable health information.

Miscellaneous Legal Provisions

These Terms of Use constitute the sole agreement between Middlesex and You regarding the subject matter contained herein and fully supersede any and all other understandings or agreements, either oral or written. You acknowledge and agree that you have read and understand these Terms of Use and agree to be bound by the same.

Middlesex will not be liable in any amount for failure to perform, or delay in performing, any obligations hereunder if such delay or failure is caused by any event beyond its reasonable control including, but not limited to, acts of third parties, wars, hostilities, revolutions, riots, civil commotion, national emergency, strikes, lock-outs, unavailability of supplies, epidemics, fire, flood, earthquake, force of nature, explosion, embargo, or any other Act of God, unavailability, errors or other failures of the Internet, other data networks, or telecommunications systems, any law, proclamation, regulation, ordinance, or other act or order of any court, government or governmental agency or delays.

These Terms of Use will be governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict of laws provisions. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. You consent to the jurisdiction of the state and federal courts located with in the State of Connecticut and waive all objections to such jurisdiction and venue.

If any provision of these terms and conditions as such may exist or may hereafter be amended, is found to be invalid, illegal or unenforceable for whatever reason, such provision shall be fully severable and the other remaining provisions shall remain in full force and effect, and shall be construed as if the illegal, invalid or unenforceable provision never comprised a part thereof. Furthermore, in lieu of such invalid, illegal or unenforceable provision there shall be added automatically in its place a provision as similar in its terms and intent to the illegal, invalid or unenforceable provision as may be possible and be legal, valid or enforceable.

Any failure of Middlesex to enforce any provision of these Terms of Use shall not constitute a waiver of any rights under such provision or any other provision of these Terms of Use. Middlesex may only make such waiver by an express writing.

Any rights or obligations granted to you hereunder may not be assigned or transferred to any other person or to any entity. These Terms of Use do not create any joint venture, partnership, employment or agency relationship between You and Middlesex.

28 Crescent Street
Middletown, CT 06457


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860-358-6000
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