BY POSTING ON ANY ARISE HEALTHCARE MEDIA SITE, YOU AGREE TO THESE TERMS.
Arise Healthcare (“ARISE”) has opened publicly facing pages on social media sites for viewing content and/or videos and posting comments about ARISE. These social media sites include but are not limited to various blogs, bulletin boards, networks, multi-media and news media sites or other user generated content sites (“Social Media Sites”). These guidelines are for anyone who may wish to interact with ARISE through social media. We encourage your posts and comments in social media channels maintained by ARISE.
Please understand that we cannot respond to every comment, and that we cannot offer medical advice, diagnosis or treatment via the Internet. For your privacy, you should consider carefully before posting personal medical information to the Internet. Please remember that your posts and comments are available for all to see.
TERMS AND CONDITIONS OF USE
1. You must be at least 18 years old to post any content on any Social Media Site.
2. Although ARISE acknowledges the conveniences of Social Media Sites, there are a number of risks that you should seriously consider prior to using a Social Media Site. These risks include, but are not limited to, the following:
a. Information you post on Social Media Sites is immediately broadcasted worldwide.
b. INFORMATION POSTED ON A SOCIAL MEDIA SITE IS NOT PRIVATE.
SOCIAL MEDIA SITES SHOULD NOT BE USED FOR MEDICAL EMERGENCIES.
3. Use of ARISE social media does not create a physician-patient relationship with any ARISE medical professional. ARISE’s social media 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 a social media site is at the user’s discretion. Nothing read on any ARISE social media site should be relied upon to replace or overrule a licensed health care professional’s judgment or clinical diagnosis.
a. I understand ARISE is authorized by me to use or disclose my Protected Health Information that I initiate for distribution by posting on a social media site. This use will be for a reason or for a purpose other than treatment, payment, or health care operations I undertook to distribute this information by participating in the Social Media Sites.
b. In no way does Arise intend to violate Health Information Portability and Accountability Act of 1996, PL 104-191 (“HIPAA”) or PL104-191 section 262 and 264; PL 110-233 section 105 of 492; PL 111-5; and section 1104 of PL 111-148. by operating any social media sites. Arise will make its best efforts to remove social media content published by an individual that contains PHI.
c. I understand that by participating in the Social Media Sites my name AND ANY OTHER INFORMATION I POST ABOUT MYSELF WILL BE MADE PUBLIC AND DISCLOSED WORLDWIDE.
d. I understand that treatment, payment, enrollment, or eligibility for benefits may not be conditioned upon me signing this form.
e. I specifically authorize ARISE or its designated employee(s) to disclose my Protected Health Information as described on this form as part of its Social Media Sites. I understand that when the information is used or disclosed pursuant to this form, it is subject to re-disclosure by ARISE and the GENERAL PUBLIC and may no longer be protected by state or federal privacy regulations. I further understand that I retain the right to revoke my participation in the Social Media Sites and any authorization provided on this form by emailing Hollie.Bottone@arisemedicalcenter.com. I have a right to revoke my authorization and participation in the Social Media Sites in writing, except to the extent that action has been taken in reliance on this authorization and to the extent information has already been disclosed in the Social Media Sites. In other words, once you make a posting on the Social Media Site, it is impossible to “take back” that post.
f. Authorization and permission provided by this form shall continue indefinitely.
5. Neither ARISE nor its content or service providers guarantee or warrant the ARISE social media sites against errors, defects, delays, omissions, interruptions or losses, including losses of data, nor are any files downloaded from a ARISE site warranted or guaranteed to be free of viruses, bugs, worms or other such destructive properties.
6. Users grant to ARISE 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 ARISE purpose.
7. Users are responsible for content submitted to social media sites. You may not submit any material or content that violates the right of privacy of other persons, including the unauthorized posting of personal financial or health information about other persons, or that infringes any patent, trademark, copyright or other proprietary rights of any party. You agree that you will not violate any local, state, federal and international laws and regulations, including those related to copyright and other intellectual property rights. You further agree that you will not submit any information that (i) is disruptive, threatening, abusive, profane, harassing, embarrassing, defamatory, libelous, obscene, hateful or racially, ethnically or is otherwise objectionable as solely determined by ARISE, (ii) contains any product or service advertisements or endorsements, or (iii) can be construed as political lobbying.
8. Users may not make any commercial use of any ARISE social media site or any content, code, data or materials on or available through the ARISE social media sites. Users may not download, post, display, publish, copy, reproduce, distribute, transmit, perform, broadcast, create derivative works, sell or otherwise exploit any content, code, data or materials on or available through the ARISE social media 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 ARISE social media sites, including, but not limited to, altering, obscuring or removing any trademarks, trade names, logos or other proprietary rights notices.
9. ARISE reserves the right, in its sole discretion, to edit, modify, remove or delete any content or other information or materials submitted by Users.
10. ARISE also reserves the right to monitor, restrict, block, suspend or discontinue your access to the ARISE social media sites, at any time, with or without advance notice, and for any reason or no reason at all.
11. ARISE may, without any liability to you, disclose your communications and activities with ARISE social media in response to lawful requests by governmental authorities, judicial orders, warrants or subpoenas, or for the protection of ARISE rights.
12. You agree to defend, indemnify and hold ARISE, and its corporate affiliates, and their respective officers, directors, employees, contractors, agents, successors, and assigns 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 ARISE social media. ARISE reserves the right, at its sole expense, 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 ARISE’s defense of such claim.
13. ARISE may suspend, change or discontinue any aspect of ARISE social media at any time.
14. ARISE SOCIAL MEDIA, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS, MATERIALS AND INFORMATION PROVIDED THROUGH ARISE SOCIAL MEDIA, 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, AND ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ARISE HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED.
15. USER ASSUMES ALL RESPONSIBILITY RELATED TO THE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS ASSOCIATED WITH SENDING ANY CONTENT OVER THE INTERNET. ARISE DOES NOT WARRANT OR SAFEGUARD AGAINST INTENTIONAL OR MALICIOUS ATTEMPTS TO INTERCEPT OR COMPROMISE USER INFORMATION POSTED TO ARISE SOCIAL MEDIA OR SENT OVER THE INTERNET.
16. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL ARISE, 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, ARISE SOCIAL MEDIA OR THE CONTENT, MATERIALS AND INFORMATION RELATED THERETO, USER’S PROVISION OF INFORMATION VIA ARISE SOCIAL MEDIA, LOST BUSINESS OR LOST SALES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
17. ARISE 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 the ARISE social media after such changes to the terms and conditions are posted will be considered acceptance of those changes.
18. You agree not to use any social medial webpage for any illegal purpose.
19. Any dispute, claim or action related to your use, viewing, posting or access to ARISE social media shall be construed in accordance with the laws of the State of Texas, without regard to its conflicts of laws principles.
20. 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.
21. THESE TERMS AND CONDITIONS OF USE MAY BE UPDATED AT ANY TIME WITHOUT NOTICE, AND EACH TIME A USER ACCESSES A SOCIAL NETWORKING SITE, THE NEW TERMS AND CONDITIONS OF USE WILL GOVERN, USAGE, EFFECTIVE UPON POSTING. To remain in compliance, ARISE suggests that you review the Terms and Conditions of Use, as well as the other website policies, at regular intervals. By continuing to post any content after such new terms are posted, you accept and agree to any and all such modifications to these Terms and Conditions of Use.