Sanford provides the Sanford Health News (“Sanford site”) to you subject to your compliance with these Terms and Conditions. In order to use the Sanford site, you must agree to be bound by all of these Terms and Conditions. These Terms and Conditions contain disclaimers of liability which you should read carefully. Your only remedy for dissatisfaction with the Sanford site is to stop using it. Sanford may modify these Terms and Conditions at any time and these modifications will be effective immediately upon posting. Therefore, you agree to review these Terms and Conditions periodically to be aware of any modifications. By using the Sanford site, you agree to be bound by the Terms and Conditions as they appear at the time of your access or use.
If you choose to use certain digital products displayed or otherwise governed by these Terms and Conditions, including the Sanford site, Sanford mobile sites and applications, and any of the features of the Sanford site, including but not limited to podcasts and other downloads, you will be agreeing to abide by all of these Terms and Conditions.
The contents of the Sanford site are intended for your personal, noncommercial use. All materials published or available on the Sanford site (including, but not limited to text, photographs, images, illustrations, designs, audio clips, video clips, “look and feel,” metadata, data, or compilations, all also known as the “Content“) are protected by copyright, and owned or controlled by Sanford or the party credited as the provider of the Content. Sanford also owns copyright in the selection, coordination, compilation, and enhancement of such Content (“Arrangement”). You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
The Sanford site and the Content are protected by copyrights, trademarks, database rights, sui generis rights and other intellectual or proprietary rights therein pursuant to U.S. and international laws. You may not modify, publish, transmit, participate in the transfer or sale of, or reproduce (except as provided in these Terms and Conditions), create new works from, distribute, perform, display (including framing and inline linking), communicate to the public or in any way exploit, any of the Content (or its Arrangement) or the Sanford site (including Software) in whole or in part.
You may download or copy the Content and other downloadable items displayed on the Sanford site for your personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from Sanford, or the copyright holder identified in the copyright notice contained in the Content.
Not Medical Advice. THE CONTENT PROVIDED IN THE SANFORD SITE IS FOR INFORMATIONAL PURPOSES AND IS NOT TO BE USED AS MEDICAL ADVICE. CONTACT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NOTHING CONTAINED IN THE SANFORD SITE IS INTENDED OR IMPLIED TO BE FOR MEDICAL DIAGNOSIS OR TREATMENT. THE SANFORD SITE DOES NOT CONSTITUTE AN ATTEMPT TO PRACTICE MEDICINE NOR DOES IT ESTABLISH A DOCTOR-PATIENT OR HOSPITAL PATIENT RELATIONSHIP. THE OPINIONS EXPRESSED ON THE SANFORD SITE OR THE PODCASTS APPEARING ON THE SITE ARE SOLELY THOSE OF THE PERSON PROVIDING THEM, AND ARE NOT THE OPINIONS OF SANFORD AND ARE NOT ENDORSED BY SANFORD.
THE SANFORD SITE IS PROVIDED “AS IS.” WE DO NOT WARRANT THAT THE SANFORD SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, CONTENT, OR OTHER MATERIALS AVAILABLE THROUGH THE SANFORD SITE. SANFORD DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. IF YOU RELY ON THE SANFORD SITE AND ANY CONTENT MADE AVAILABLE THROUGH THE SANFORD SITE, YOU DO SO SOLELY AT YOUR OWN RISK
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SANFORD DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, (D) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS OR COMPLETENESS OF CONTENT MADE AVAILABLE ON THE SANFORD SITE OR OTHERWISE BY SANFORD, INCLUDING ANY ADVICE, OPINION, STATEMENT, OR OTHER CONTENT OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THE SANFORD SITE OR AVAILABLE THROUGH THE SANFORD SITE, AND WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY SANFORD OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SANFORD SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
SANFORD MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED (A) THAT THE CONTENT PROVIDED THROUGH THE SANFORD SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, (B) THAT THE SANFORD SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION (C) THAT DEFECTS OR ERRORS IN THE SANFORD SITE WILL BE CORRECTED, OR (D) THAT THE CONTENT ON THE SANFORD SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT ON THE SANFORD SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND SANFORD DISCLAIMS ALL RESPONSIBILITY FOR THE SANFORD SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SANFORD SITE.
IN NO EVENT WILL SANFORD OR ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SANFORD SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SANFORD SITE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SANFORD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SANFORD’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
The Sanford site may contain third-party owned content and links to other websites (“Linked Sites”). Sanford does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under the control of Sanford, and Sanford is not responsible for the content or privacy practices of the Linked Sites.
Information Provided By You. By using the Sanford site, you agree that you will not:
- Upload any copyrighted material to the Sanford site without the written consent of the copyright owner;
- Upload any information that is not your own or that you do not have the right to upload;
- Use language that is unlawful, threatening, abusive, discourteous, criminal, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in Sanford’s sole discretion);
- Upload any information or materials that would violate rights of any third party or which contain a virus or other harmful component;
- mpersonate any person or entity;
- Upload any unsolicited or unauthorized advertising, promotional materials, junk mail, chain letters, or spam;
- Violate any applicable local, state, national or international law;
- Stalk or otherwise harass another user of the Sanford site; or
- Attempt to obtain personal data about other users of the Sanford site.
Sanford is not obligated to monitor the Sanford site, but reserves the right to remove or edit any messages or material submitted by users. You understand and agree that you are responsible for the content posted by you to the Sanford site and anything posted by you, including your login name and profile, will be available to other users of the Sanford site and will not be kept confidential. You agree to respect others’ opinions that may be posted during panel discussions or to the Sanford site generally, and you will not hold Sanford responsible for other users’ comments you may find objectionable. Sanford will cooperate with law enforcement or a court order requesting or directing Sanford to disclose the identity of anyone posting any information or material prohibited by these Terms and Conditions. Sanford may also disclose such information if such disclosure is reasonably necessary to protect the rights, property, or personal safety of Sanford, its employees, clients, other users of the Sanford site, or the public. Sanford is not responsible for material submitted to the Sanford site by Sanford site users. By communicating with Sanford, however, you grant Sanford permission to use any information, suggestions, ideas, drawings or concepts that you communicate without any compensation to you whatsoever.
Sanford cannot and does not confirm that users are who they claim to be. Because Sanford does not and cannot be involved in user-to-user transactions or control the behavior of the Sanford site’s users, in the event that you have a dispute with one or more Sanford site users, you release Sanford (and its subsidiaries, affiliates, agents and employees) from all claims, demands and damages (actual and consequential, direct and indirect) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
You agree to indemnify, defend and hold Sanford, our affiliates, sponsors, officers, trustees, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from your breach of these Terms and Conditions or your activities in connection with the Sanford site or Sanford site-related services.
Registration; Use of Secure Areas and Passwords. The Sanford site may require you to register with us. When and if you register, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our registration form (including your e-mail address) and (b) to maintain and update your information (including your e-mail address) to keep it accurate, current, and complete. You acknowledge that should any information provided by you be found to be untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement with you and your use of the Sanford site.
YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND SOLELY AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
Miscellaneous. These Terms and Conditions are entered into in the State of South Dakota and shall be governed by and construed in accordance with the laws of the State of South Dakota, exclusive of its choice of law rules. Each party to these Terms and Conditions hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Minnehaha, State of South Dakota for any dispute arising under or in connection with these Terms and Conditions, the Sanford site or any Sanford site-related services, and waives any jurisdictional, venue or inconvenient forum objections to such courts.