Terms and Conditions of Use
Your use of any of the social media or other internet channels maintained by Owensboro Health is subject to the Terms and Conditions of Use set forth below. By accessing, viewing, posting or otherwise using any content on or available through the Owensboro Health sites, you unconditionally accept these Terms and Conditions of Use. Your use of Owensboro Health social media sites or other Owensboro Health internet sites is acceptance of this Policy and has the same effect as if you had actually physically signed an agreement.
If you do not agree to the Terms and Conditions, you may not use the Owensboro Health sites.
- Owensboro Health cannot offer medical advice, diagnosis or treatment via the internet. If you have a question about your specific medical condition, you should contact your doctor or other qualified healthcare professional.
If you are in the United States and are experiencing a medical emergency, please call 911.
- You must be at least 18 years old to post any content on any Owensboro Health social media site or any other Owensboro Health internet site.
- Owensboro Health employees must adhere to Owensboro Health’s Employee Communications policy in addition to these Terms and Conditions of Use.
- Use of any Owensboro Health social media site or any other Owensboro Health internet site does not create a physician-patient relationship with any Owensboro Health medical professional. Owensboro Health’s social media sites and other Owensboro Health internet sites are made available with the understanding that the content and service providers are not engaged in rendering medical, health, psychological or any other kind of personal professional services through these sites. Users should consult with a medical, health or other competent professional before taking any action or drawing any inferences based upon the information accessed or viewed through the sites; any action taken by a user in response to information obtained from any social media site or any other internet site is at the user’s discretion. Nothing read on any Owensboro Health social media site or any other Owensboro Health internet site should be relied upon to replace or overrule a licensed healthcare professional’s judgment or clinical diagnosis.
- Neither Owensboro Health nor its content or service providers guarantee or warrant the Owensboro Health social media sites or any other Owensboro Health internet sites against errors, defects, delays, omissions, interruptions or losses, including losses of data, nor are any files downloaded from a Owensboro Health site warranted or guaranteed to be free of viruses, bugs, worms or other such destructive properties.
- Users are responsible for content submitted to Owensboro Health social media sites or any other Owensboro Health internet sites. You agree that you will not violate any local, state, federal or international laws or regulations. You agree that you will not submit or transmit any material or content that infringes any patent, trademark, trade secret, copyright or any other proprietary right of any party. You agree that you will not submit or transmit any material that is unlawful, disruptive, threatening, profane, abusive, harassing, embarrassing, tortious, defamatory, obscene, libelous, or is an invasion of another’s privacy, or is hateful or racially, ethnically or otherwise objectionable as solely determined in Owensboro Health’s discretion.
- Copyright Infringement Policy: It is Owensboro Health’s policy to respond to notices of alleged copyright infringement that comply with applicable intellectual property law, including but not limited to the Digital Millennium Copyright Act. Where appropriate, Owensboro Health may exercise its discretion and deny access to any Owensboro Health social media site or other Owensboro Health internet site and any of the content, services and products available on or through such sites, including but not limited to, the termination of any subscriptions or registrations for the use of www.owensborohealth.org, to any person who infringes its intellectual property rights or the intellectual property rights of others.
If your copyright is infringed: If you believe that material posted on this site violates your copyright, or provides references or links to any other websites which contain allegedly infringing materials, please immediately provide Owensboro Health’s Copyright Agent (see name and address below) with a written statement (“Notification of Copyright Infringement”) which contains all of the information stated below.
Notification of Copyright Infringement: Any Notification of Copyright Infringement provided to Owensboro Health must contain all of the following information:
- The electronic or physical signature of the person authorized to act on behalf of the copyright owner;
- Identification of each copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on this site that is reasonably sufficient for Owensboro Health to locate the material;
- Your name, address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your statement is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Owensboro Health’s Copyright Agent: Owensboro Health’s Copyright Agent is Pam Cox and she can be reached as follows:
By mail: 811 East Parrish Ave., Owensboro, KY 42303
By Phone: (270) 688-2875
By Fax: (270) 688-1044
By E‑mail: firstname.lastname@example.org
Procedure After Notification: After Owensboro Health’s Copyright Agent receives a written notification of copyright infringement which substantially complies with the requirements listed above, Owensboro Health will take the following steps:
- Owensboro Health will disable access to or to remove the allegedly infringing material.
- Owensboro Health will take reasonable steps to promptly notify the person who wrote or posted the allegedly infringing material (the “Alleged Infringer”) that it has removed or disabled access to the material.
- At the same time, Owensboro Health will inform the Alleged Infringer that he or she has the right to send a counter-notification (“Counter Notification”) to Owensboro Health which contains all the information stated below.
- Upon receipt of a Counter-Notification, Owensboro Health will take reasonable steps to promptly send a copy of the Counter-Notification to the person who provided the original notification (the “Copyright Owner”).
- At the same time, Owensboro Health will inform the Copyright Owner that Owensboro Health will replace the material it removed or will cease disabling access to it in ten (10) business days.
- Owensboro Health will replace the material it removed or will cease disabling access to it in not less than ten (10) and in not more than fourteen (14) business days following receipt of the Counter-Notification. It will do this unless its Copyright Agent receives a notice from the Copyright Owner that the Copyright Owner has filed an action seeking a court order to restrain the Alleged Infringer from engaging in infringing activity relating to the material on Owensboro Health’s system or network. Owensboro Health must not be listed as a party to the action; any lawsuit should solely be between the Copyright Owner and the Alleged Infringer.
Counter-Notification: To send a Counter-Notification, the Alleged Infringer should provide Owensboro Health’s Copyright Agent (see name and address above) with a written statement which contains all of the following information:
- The electronic or physical signature of the Alleged Infringer or a person authorized to act on his or her behalf.
- Identification of the material which Owensboro Health removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the Alleged Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The Alleged Infringer’s name, address and telephone number, and a statement that the Alleged Infringer consents to the jurisdiction of the Federal District Court for the judicial district in which the Alleged Infringer’s address is located. If the Alleged Infringer’s address is outside the United States, the Alleged Infringer must include a statement that he or she consents to jurisdiction of the Federal District Court for any judicial district in which Owensboro Health may be found. The Alleged Infringer’s written statement must also state that he or she will accept service of process from the person who provided the original notification of copyright infringement or from that person’s agent.
- Misrepresentation: Please note that under Section 512(f) of the Digital Millennium Copyright Act (17 U.S.C. § 512), any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
- You agree that you will not use any Owensboro Health social media site or any other Owensboro Health internet site to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
- You agree that you will not: (i) submit/transmit any material that you do not have a right to make available under any law or under contractual or fiduciary relationships; (ii) submit/transmit any advertising materials, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation; or (iii) submit/transmit any material that contains software viruses, worms, disabling code, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- You agree that you will not collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent or share confidential pricing information of any party.
- You agree that you will not submit/transmit any content that contains any product or service endorsements or any content that may be construed as political lobbying, solicitations or contributions or use Owensboro Health’s social media sites or other Owensboro Health internet sites to link to any sites of political candidates or parties or use Owensboro Health’s social media sites or its other internet sites to discuss political campaigns or issues, or for taking a position on any legislation or law.
- Users grant to Owensboro Health the irrevocable, perpetual, transferable, non-exclusive, royalty-free worldwide license (with the right to sublicense) and right (i) to reproduce, publish, distribute and display content, (ii) to create derivative works from the content, (iii) to edit, modify or delete content, and (iv) to use content for any Owensboro Health purpose.
- Users may not make any commercial use of any Owensboro Health social media site or any other Owensboro Health internet site or any content, code, data or materials on or available through the Owensboro Health social media sites or other Owensboro Health internet sites. Users may not download, post, display, publish, copy, reproduce, distribute, submit, transmit, perform, broadcast, create derivative works, sell or otherwise exploit any content, code, data or materials on or available through the Owensboro Health social media sites or other Owensboro Health internet sites. Users also agree not to alter, edit, delete, remove or otherwise modify the meaning, appearance or purpose of any content, code, data or materials on or available through the Owensboro Health social media sites or other Owensboro Health internet sites, including, but not limited to, altering, obscuring or removing any trademarks, trade names, logos or other proprietary rights notices.
- Owensboro Health does not moderate or censor user comments, and cannot respond to every comment posted by every user.
- Owensboro Health reserves the right to edit, modify, remove or delete any content or other information or materials submitted by users.
- Owensboro Health also reserves the right to monitor, restrict, block, suspend or discontinue your access to any or all Owensboro Health social media site(s) or other Owensboro Health internet site(s), at any time, without advance notice, and for any reason or for no reason at all.
- Owensboro Health may, without any liability to you, disclose your communications and activities on Owensboro Health social media or other internet sites in response to lawful requests by governmental authorities, judicial orders, warrants or subpoenas, or for the protection of Owensboro Health’s rights.
- Protecting the privacy of the very young is especially important. For that reason, Owensboro Health never collects or maintains information on Owensboro Health social media or other internet sites from those Owensboro Health actually knows are under 13, and no part of our Owensboro Health social media or internet sites are structured to attract anyone under 13.
- You agree to defend, indemnify and hold Owensboro Health and its content providers and service providers harmless from any and all claims, liabilities, losses, damages, settlements, judgments, costs and expenses, including attorneys’ fees, arising in any way from your use of or access to Owensboro Health social media sites or other Owensboro Health internet sites. Owensboro Health reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Owensboro Health’s defense of such claim.
- Owensboro Health may suspend, change or discontinue any aspect of any and all Owensboro Health social media sites and other Owensboro Health internet sites at any time.
- You are prohibited from posting any content that is personal health information, including patient images, on any Owensboro Health social media site or any other Owensboro Health internet site. You are also prohibited from using the Owensboro Health social media sites and other Owensboro Health internet sites to provide medical advice or medical commentary if you are not an Owensboro Health physician.
- OWENSBORO HEALTH SOCIAL MEDIA SITES AND OTHER OWENSBORO HEALTH INTERNET SITES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS, MATERIALS AND INFORMATION PROVIDED THROUGH OWENSBORO HEALTH SOCIAL MEDIA AND OTHER OWENSBORO HEALTH INTERNET SITES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OWENSBORO HEALTH HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND/OR IMPLIED.
- USER ASSUMES ALL RESPONSIBILITY RELATED TO THE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS ASSOCIATED WITH SENDING ANY CONTENT OVER THE INTERNET. OWENSBORO HEALTH DOES NOT WARRANT OR SAFEGUARD AGAINST INTENTIONAL OR MALICIOUS ATTEMPTS TO INTERCEPT OR COMPROMISE USER INFORMATION POSTED TO OWENSBORO HEALTH SOCIAL MEDIA SITES OR OTHER OWENSBORO HEALTH INTERNET SITES OR SENT OVER THE INTERNET.
- IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL OWENSBORO HEALTH, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, OWENSBORO HEALTH SOCIAL MEDIA SITES OR OTHER OWENSBORO HEALTH INTERNET SITES OR THE CONTENT, MATERIALS AND INFORMATION RELATED THERETO, USER’S PROVISION OF INFORMATION VIA OWENSBORO HEALTH SOCIAL MEDIA SITES OR OTHER OWENSBORO HEALTH INTERNET SITES, LOST BUSINESS OR LOST SALES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE IN ADVANCE.
- Any dispute, claim or action related to your use, viewing, posting or access to Owensboro Health social media sites or other Owensboro Health internet sites shall be construed in accordance with the laws of the Commonwealth of Kentucky, without regard to conflicts of laws principles, and you agree to be bound by and shall be subject to the exclusive jurisdiction of the local, state or federal courts located in Owensboro, Kentucky.
- OWENSBORO HEALTH RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO SUSPEND, MODIFY OR UPDATE THESE TERMS AND CONDITIONS AT ANY TIME WITHOUT ADVANCE NOTICE. Changes will be effective when posted. Users’ continued use of Owensboro Health social media sites or other Owensboro Health internet sites after such changes to the terms and conditions are posted will be considered acceptance of those changes. Owensboro Health suggests that you review the Terms and Conditions of Use at regular intervals.
- If any term, condition or provision of these Terms and Conditions of Use is found to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remainder of the Terms and Conditions of Use.