St.Vincent Health Terms of Service and Acceptance of Terms

St. Vincent Health (“St.Vincent”) provides its service to you subject to the following terms of service ("TOS"), which may be updated by us from time to time without notice to you. If you visit our web site at http://peytonmanning.stvincent.org (the "Site"), you accept the terms of the TOS. In addition, when using particular St.Vincent services, you may also be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

LICENSE AND USE OF SITE  
St. Vincent grants you a limited license to the access and make personal use of the documents and incorporated graphics on the Site (the “Documents”). The foregoing license is subject to the following limitations: (i) the Documents may be used solely for personal information and non-commercial purposes; and (ii) the Documents may not be modified or altered in any way. Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from the Site in whole or in part without the express authorization of St. Vincent. 

DESCRIPTION OF SERVICE 
St. Vincent provides users with the ability to register and participate in a customizable user portal - mystvincent. Within this portal, users will be able to perform interactions such as pre-registering for procedures or registering for classes. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You also agree that from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions, (ii) periodic maintenance procedures or repairs which St. Vincent may undertake from time to time, or (iii) causes beyond the control of St. Vincent or which are not reasonably foreseeable by St. Vincent. 

PRIVACY POLICY 
St. Vincent knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. Please review our Privacy Policy to understand our practices. By visiting the Site, you are accepting the practices described in the Privacy Policy.

COPYRIGHT 
All content included on the Site, such as text, graphics, logos, images, and data compilations, is the property of St. Vincent or its content suppliers and is protected by United States and international copyright laws. St. Vincent respects the intellectual property of others and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow the procedures outlined in our Copyright Notice.

NO RESALE OF SERVICE 
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY 
THE SITE IS PROVIDED BY ST. VINCENT ON AN "AS IS" AND "AS AVAILABLE" BASIS. ST. VINCENT MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ST. VINCENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ST. VINCENT DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM ST. VINCENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ST. VINCENT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 

TERMINATION 

You agree that St. Vincent, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if St. Vincent believes that you have violated or acted inconsistently with the letter or spirit of the TOS. St. Vincent may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that St. Vincent may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that St. Vincent shall not be liable to you or any third-party for any termination of your access to the Service.

INDEMNIFICATION 
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of this agreement, or your violation of any law or the rights of any third party.

GENERAL INFORMATION 
The TOS constitutes the entire agreement between you and St. Vincent and governs your use of the Service, superseding any prior agreements between you and St. Vincent with respect to this matter. The TOS and the relationship between you and St. Vincent shall be governed by the laws of the State of Indiana without regard to its conflict of law provisions. The failure of St. Vincent to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.