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Terms and Conditions

Rochester Health’s Terms and Conditions of Use

Last reviewed: November 2012 Last updated on: October 2008

Please carefully review these Terms and Conditions of Use. By accessing, browsing, downloading or otherwise using Rochester Health, Inc.’s website (“the Website” or the “Rochester Health Website”) you are agreeing to these Terms and Conditions of Use.  If you do not agree to the Terms and Conditions of Use set forth below, you may not use the Website.  Rochester Health may modify or update the Terms and Conditions from time to time without prior notice.  Rochester Health may also modify, add to, delete, and/or discontinue any or all parts of the Website without prior notice.  Your continued use of the Website following any modification or update means you accept any changes made.

The Rochester Health Website is operated and managed by Rochester Health, Inc. (“Rochester Health”).

Rochester Health reserves the right to restrict access to any or all parts of the Website without notice or liability. 


Medical Disclaimer

The information provided on the Website is for general informational purposes only and is not a substitute for professional medical advice and treatment.  You should always seek the advice of your physician or other medical professional if you have questions or concerns about a medical condition.  If you think you have a medical emergency, please immediately call 911 or your physician.   Rochester Health does not endorse any opinion, product, medication, test, procedure, physician, or other medical professional that is published on the Website.  Never disregard professional medical advice or delay in seeking such advice because of information contained on the Website. 

Use of Content

All designs, text, graphics, photographs, video, audio files, Java applets and scripts, and other works on the Website (“Website Content”), and all associated patent, trademark, service mark, trade dress, trade secret, copyright, and other intellectual property rights, are the property of Rochester Health or its licensors, or represented as the property of content suppliers, contributors and vendors.  All rights not expressly granted herein are reserved for Rochester Health or its licensors.  Any unauthorized redistribution or reproduction of any materials on the Website is strictly prohibited.

Registered, Unregistered and Registered Professional Users may use the Website Content only as outlined below.  All other uses of the Website Content are strictly prohibited.  

Registered, Unregistered and Registered Professional Users (collectively, “Users”) of the Rochester Health Website may access, view, and browse the Website Content through a personal computer or other access device that uses a communications connection.  Unless these Terms and Conditions of Use state otherwise, Users may not reproduce, prepare derivative works, modify, copy, sell, transmit, republish, distribute or upload, any material from the Website in any manner or medium including, but not limited to, by email or other electronic means.  However, Users may, from time to time, download and/or print one copy of individual papers, alerts, or other communications from the Website for personal, non-commercial use.  The following copyright notice and any other proprietary rights notice provided in the Website Content must be included on any downloaded material: “© 2008 Rochester Health, Inc.”   Registered Users and Registered Professional Users may access the MyHealthcare Directory, but Unregistered Users may not.

If you are a healthcare professional practicing in the Rochester-area of Monroe, Genesee, Livingston, Ontario, Orleans or Wayne counties, you may become a Registered Professional User of the Rochester Health Website.  In addition to the rights indicated above, Registered Professional Users may submit User Content to the Website.  User Content includes, but is not limited to, content, text, information, photos, video, audio, images, graphics, or other information that you publish, display, upload, or post on the Website, or transmit to other Users through the Website.  By submitting any User Content to Rochester Health through the Website you represent and warrant that: (i) you own the material or are making the submission with the express, written consent from the owner of the User Content; and (ii) the owner of such User Content has expressly granted to Rochester Health a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication, content and/or intellectual property in any media or medium, or any form, format, or forum now known or hereafter developed. Rochester Health may sublicense its rights through multiple tiers of sublicenses.

You understand that Rochester Health may, but is not obligated to, review and delete or remove any of the User Content, without prior notice, that in the sole judgment of Rochester Health violates these Terms and Conditions of Use. 

You will not upload, post, transmit or otherwise make available any communication or User Content including, but not limited to, any photographs, images, icons, videos, audio or other content which: (i) infringe or violate any third party rights, or which is unlawful, harmful, threatening, abusive, harassing, slanderous, libelous, vulgar, obscene, invasive of another’s privacy, or hateful; or (ii) that contain software viruses or any other computer software routine intended or designed to, or which has the capacity to, permit access or use of the Website or Rochester Health’s systems by any person not authorized by Rochester Health or disable, damage, erase, disrupt or impair the normal operation of the Website or any other software or data on Rochester Health’s and its Users’ computer systems (collectively, “User Submission Requirements”).  Your submission of any User Content means you agree that such submission meets these User Submission Requirements and is non-confidential for all purposes. 

Uploading photographs, videos, images and the like of other people without their permission is strictly prohibited.  By submitting User Content to the Rochester Health Website, you represent and warrant that you have permission, from all individuals appearing in the User Content, to provide such submission and to grant the rights provided herein. 

The personally identifiable information you submit to the Website will be treated by Rochester Health in accordance to the Rochester Health Website Privacy Policy.  To the extent there is an inconsistency between these Terms and Conditions of Use and the Rochester Health Website Privacy Policy, these Terms and Conditions of Use shall govern.  Any additional rules governing the use of Website Content, software, and other items accessible on the Website may be included elsewhere within the Website, and such rules are incorporated into these Terms and Conditions of Use by reference. 


Copyright Policy

If you are a copyright owner or an agent thereof and believe that any of the Website Content or other content or material on the Website infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing as outlined in 17 U.S.C. §512(c)(3):

  1. a physical or electronic signature of the owner of an exclusive right that is allegedly infringed or a person authorized to act on behalf of such owner;
  2. identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of the copyrighted works;
  3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Rochester Health to locate the material;
  4. information reasonably sufficient to permit Rochester Health to contact the owner or agent, such as an address, telephone number and, if available, email address;
  5. a statement that the owner or agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated Copyright Agent for receiving notifications of claimed infringement is:

Copyright Agent
Rochester Health, Inc.
16 West Main Street
Suite 200
Rochester, New York  14614
585-454-1490
copyrightagent@rochesterhealth.com

In an effort to protect the rights of copyright owners, Rochester Health has adopted and maintains a policy for the termination, when appropriate, of Users of the Website who are repeat infringers.


Termination Policy for Repeat Infringers

All Users must be on notice that should Rochester Health directly or indirectly become aware of actual or alleged repeat offenses involving the prevailing copyright laws of the United States, codified in Title 17 of the United States Code, by a Website User, any and all services provided by Rochester Health to such a repeat offender may be terminated within seven (7) business days or less of such determination. 
For purposes of this policy, a “repeat offender” may be a User who has been notified by Rochester Health, either via email or in writing, of an actual or alleged copyright infringement associated with the User on three (3) or more separate occasions.  Such a determination will be made in the sole discretion of Rochester Health and Rochester Health is not required to seek judicial validation of any kind in making this determination.  All decisions to terminate the services provided by Rochester Health to such a repeat offender will be final.   Rochester Health shall make a good faith effort to provide notice to the repeat offender upon making such determination and prior to termination.  Rochester Health also reserves the right to terminate any and all services provided to a User after a single violation of these Terms and Conditions of Use.

Children’s Privacy

The Website is not designed to attract children under the age of 13. Rochester Health does not collect personally identifiable information from any person that Rochester Health actually knows is a child under the age of 13, nor does Rochester Health knowingly allow children under the age of 13 to become Registered Users or Registered Professional Users of the Website.  Please do not send personally identifiable information to Rochester Health if you are under the age of 13.


Indemnity

You will indemnify and hold Rochester Health, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, and liabilities, due to or arising out of your use of the Website and/or your violation of these Terms and Conditions of Use, and you shall pay all costs, expenses, settlements and damages finally awarded, including reasonable attorneys’ fees.


Disclaimers

The Rochester Health Website and its content are provided on an “as is” basis.  USE OF THE WEBSITE AND ANY WEBSITE CONTENT IS AT YOUR OWN RISK.  ROCHESTER HEALTH DISCLAIMS, to the fullest extent permitted by law, all warranties, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, non-infringement of third-party rights, AND FITNESS FOR A PARTICULAR PURPOSE. 

Rochester Health makes no guarantees, endorsements, promises, representations, or warranties of any kind regarding the following: 

  1. the accuracy, efficacy, completeness, reliability, or timeliness of the Website or Website Content including, but not limited to, information, text, graphics, communications and links provided on or through the Website;
  2. the availability of the Website or any specific results from use of the Website or Website Content for any purpose;
  3. adherence to or compliance with any federal, state, local, or government regulations requiring information disclosure, such as on prescription drug products; and
  4. adherence to or compliance with any federal, state, local, or government regulations regarding the Website or Website Content.

The reference to any goods or services on the Website by third parties is not a recommendation or endorsement by Rochester Health of such goods and services.  Each third party is solely responsible for that content and any representations made therein.

The responsibility for the proper conduct and safety of any Clinical Trial or related clinical research project/initiative disclosed on the Website is outside the purview of Rochester Health and such responsibility rests exclusively with one or all of the following: the Principle Investigator, the trial sponsor, applicable Data Monitoring Committee, applicable Institutional Review Board/Independent Ethics Committee (IRB/IEC) and/or any other applicable designated governing/controlling associated authority.


Limitation of Liability

IN NO EVENT WILL ROCHESTER HEALTH OR ANY OF ITS SUPPLIERS, licensors, AGENTS, or third parties mentioned on the website BE LIABLE to you or to any third party FOR any delay, failure, interruption of service, LOSS OF USE, lost DATA, corruption of data, lost profit, lost revenue, diminished GOODWILL, personal injury, wrongful death, fraudulent misrepresentation, OR any OTHER INDIRECT, INCIDENTAL, special, punitive, exemplary, OR consequential DAMAGES, arising from or related to the website, the website content, and/or your use or inability to use the website or the website content, whether based on warranty, contract, tort, or any other legal theory, and whether or not ROCHESTER HEALTH, OR ANY OF ITS SUPPLIERS, licensors, AGENTS, or third parties mentioned on the website Have BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

IN NO EVENT WILL ROCHESTER HEALTH OR ANY OF ITS SUPPLIERS, licensors, AGENTS, or third parties mentioned on the website BE LIABLE to you or to any third party for any damages of the types described above related to the reliability, efficacy, currentness, completeness, timeliness, or opinions of third-party websites to which links are provided on the Rochester Health Website.  you agree to access such third-party websites at your own risk.

THE aggregate liability OF ROCHESTER HEALTH, ITS SUPPLIERS, licensors, AGENTS, or third parties mentioned on the website FOR ALL CLAIMS SHALL NOT EXCEED one-thousand u.s. dollars (U.S. $1,000).  any claims arising in connection with your use of the website OR WEBSITE CONTENT must be brought within one (1) year of the date of the event giving rise to such action, and such claims must be brought in the jurisdiction defined by these Terms and Conditions of Use.  Rochester health, its licensors, its suppliers, or any third parties mentioned on the website are not liable for any personal injury, including death, caused by your use or misuse of the website or its content.  you agree that all remedies set forth in these Terms and Conditions of Use are exclusive and are limited to those expressly provided herein.


Passwords

Registered Users and Registered Professional Users will select a username and password upon completing the registration process.  Registered Users and Registered Professional Users are fully responsible for maintaining the confidentiality of their username and password.  Registered Users and Registered Professional Users agree to immediately notify Rochester Health through the Contact Us page on the Website should the User know, or have reasonable grounds to suspect that the username and password have been compromised.  Rochester Health is not responsible for the User’s failure to abide by this paragraph.  You agree not to use the account, email address, or password of any other User at any time.  You are solely responsible for all activity by anyone using your account and/or password, regardless of whether you had or have knowledge of such use.


Linking to the Rochester Health Website

Rochester Health welcomes links to the Rochester Health homepage.  You may establish such a link if it does not appear to be an express or implied endorsement or approval by Rochester Health.  Links to the Rochester Health homepage should be in text format only and should not include any Rochester Health trademarks, service marks or logos without permission from Rochester Health.  Rochester Health reserves the right to demand that you delete a link to our website if the link is created on a webpage that Rochester Health deems inappropriate.


General Provisions

Waiver. No waiver of a breach of any term of these Terms and Conditions of Use will be effective unless in writing and duly executed by the waiving party.  No such waiver will constitute a waiver of any subsequent breach of the same or any other term of these Terms and Conditions of Use.  No failure on the part of a party to exercise, and no delay in exercising any of its rights hereunder, will operate as a waiver thereof, nor will any single or partial exercise by a party of any right preclude any other or future exercise thereof or the exercise of any other right.  No course of dealing between the parties will be deemed effective to modify, amend or discharge any part of these Terms and Conditions of Use or the rights or obligations of any party hereunder.

Entire Agreement. These Terms and Conditions of Use, Rochester Health’s Privacy Policy, and Rochester Health’s MyHealthcare Directory Terms and Conditions of Use    contain the entire agreement between the User and Rochester Health with respect to the use of the Website and the Website Content.  In the event of any conflict between these Terms and Conditions of Use and Rochester Health’s Privacy Policy or MyHealthcare Directory Terms and Conditions of Use, the terms of these Terms and Conditions of Use will control.

Governing Law and Dispute Resolution. These Terms and Conditions of Use and any dispute arising between you and Rochester Health will be governed by and interpreted in accordance with the laws of the State of New York, excluding its conflicts of law principles.  In the event that any legal proceedings are commenced with respect to any matter arising under these Terms and Conditions of Use, the parties specifically consent and agree that the courts of the State of New York and/or the Federal Courts located in the State of New York will have exclusive jurisdiction over each of the parties and over the subject matter of any such proceedings, and that the venue of any such action will be in Monroe County, New York and/or the U.S. District Court for the Western District of New York. Additionally, the party that loses any such proceeding will pay all reasonable costs and expenses incurred by the other party(s) in connection therewith, including all attorneys’ and other professional fees and expenses.

Partial Invalidity. If any provision of these Terms and Conditions of Use is held invalid or unenforceable by competent authority, that provision will be construed so as to be limited or reduced to be enforceable to the maximum extent compatible with the law as it shall then appear.  The total invalidity or unenforceability of any particular provision of these Terms and Conditions of Use will not affect its other provisions and these Terms and Conditions of Use will be construed in all respects as if the invalid or unenforceable provision was omitted.

Your permission to use the Website Content will automatically terminate should you violate any of these Terms and Conditions of Use and you must immediately destroy any copies you have made of any portion of the Website and/or the Website Content.

Healthcare Directory

Healthcare Directory Terms and Conditions of Use:

Last reviewed: August 2013 Last updated on: August 2013

By using the Rochester Health Healthcare Directory (RH Healthcare Directory), you agree to the Terms and Conditions of Use set forth herein.   Rochester Health provides the Healthcare Directory to the public as a resource for information regarding physicians, dentists, allied-healthcare professionals and ancillary healthcare providers (“Medical Professional(s)”).  The RH Healthcare Directory should not be used as a reference for confirming a Medical Professional’s qualifications, credentials or professional abilities, and such use is strictly prohibited.  Rochester Health does not perform primary source verification of professional credentials of healthcare providers under the standards of the National Committee for Quality Assurance, the Joint Commission for the Accreditation of Healthcare Organizations, or the Utilization Review Accreditation Commission.

The information contained in the RH Healthcare Directory is for your personal, noncommercial use only.  You may not sell, republish, or scrape the data listings or any other information contained in the RH Healthcare Directory for any reason.

The inclusion of a Medical Professional does not reflect Rochester Health’s endorsement of that Medical Professional and the exclusion of a Medical Professional does not reflect Rochester Health’s disapproval of a Medical Professional.


The RH Healthcare Directory is an on-line resource for the Rochester Community representing a comprehensive listing of healthcare providers, medical services and health resources. The RH Healthcare Directory listings are limited to the Rochester Health service area of the Greater-Rochester area consisting of the following counties: Cayuga, Monroe, Genesee, Livingston, Ontario, Orleans, Seneca, Wayne and Wyoming; all physicians, dentists and allied-healthcare professionals practicing in these counties are welcome to participate in the directory.

Rochester Health makes great effort to ensure the accuracy and completeness of the healthcare directory information but as the directory information is self-reported to Rochester Health by the healthcare community Rochester Health cannot be held responsible for inaccuracies in the directory.

It is always advisable to contact healthcare providers beforehand to confirm hours of operation, insurance plans accepted and other healthcare provider specifics such as languages, accepting new patients status, board certification, hospital affiliations and clinical interests/keywords.


Clinical Interests

Clinical Interests represent clinical areas of expertise of healthcare professionals and/or health conditions or medical procedures of particular interest to a physician, dentist or allied-healthcare professional. Clinical Interests may represent special training/certification, research fellowships and clinical experience. Clinical Interests are self-reported to Rochester Health by the healthcare providers themselves and Rochester Health does not verify the providers' Clinical Interests with respect to certification, research etc. Clinical Interests are listed as an additional tool in matching prospective patients with healthcare providers. Patients and prospective patients are encouraged to ask providers specifically about their qualifications, education, training etc. regarding the Clinical Interests the providers may have submitted to Rochester Health.


Languages

This refers to languages, other than English, spoken by the physician, dentist or healthcare provider. It may also include languages spoken by the provider's office or clinical staff. Rochester Health does not confirm the languages spoken information supplied to the Healthcare Directory, nor can Rochester Health attest to the provider's profiency and fluency with respect to using the language in a clinical setting so it is recommended to discuss matters related to languages other than English with the provider's office.


Accepting New Patient Status

This indicates whether a physician, dentist or healthcare provider is accepting new patients. It is always recommended to verify with the provider's office whether the provider is accepting new patients as this status is subject to change without notification to Rochester Health. Please note that a variety of factors may determine whether a provider accepts new patients such as, type of insurance, type of patient etc. so it is recommended to clarify with the provider's office.


Board Certification

Board Certification is the process by which a physician (MD or DO) or dentist (DDS or DMD) demonstrates by written, practical and/or other types of testing a proficiency of the basic knowledge and skills defining a particular area of medical specialization. Board certification indicates that the physician or dentist has mastered the requirements of a particular medical specialty and has passed certification exams administered by the specialty board.The American Board of Medical Specialties (ABMS) certifies physicians and the American Osteopathic Association certifies osteopaths.Non-physician and non-dentist healthcare providers also can undergo certification by relevant certifying agencies. Rochester Health does not verify the certification status that providers supply to the Healthcare Directory. It is recommended that if you wish to verify a provider's certification status to check with the certifying agency or speak with your healthcare provider.


The on-line resources and informational content in the RH Healthcare Directory is provided “AS IS,” and all warranties, express or implied, are disclaimed, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, accuracy or completeness of informational content, or non-infringement.

Rochester Health assumes no responsibility for any data loss or other loss suffered by any User of this Website.  Rochester Health shall not be liable to any User for any decision made or action taken in reliance on the on-line resources and informational content of the RH Healthcare Directory.  By using the RH Healthcare Directory, you assume full responsibility for your communications with any Medical Professional contacted as a result of using the RH Healthcare Directory. 

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