Last modified: 02/07/2025
Introduction
Thank you for visiting Kettering Health’s website.
Information found on www.ketteringhealth.org (the “Website”) is sponsored by Kettering Health (“Kettering”, “we” or “us”) and includes, without limitation, information on our facilities, services, and health care providers as well as references, tools, patient resources, and FAQs (collectively, “Content”).
The Terms and Conditions set forth herein, as updated by Kettering from time-to-time, govern any individual’s (“You” or “Your”) use of the Website and Content. You should carefully read the Terms and Conditions in their entirety before using the Website. By using the Website, You (i) agree to be bound by the Terms and Conditions and (ii) represent and warrant that You have the legal authority to accept the Terms and Conditions. This is a legally binding agreement. If You do not agree with the Terms and Conditions, You are not authorized to use the Website.
Medical Disclaimer
IF YOU ARE CURRENTLY EXPERIENCING A MEDICAL EMERGENCY, IMMEDIATELY CALL EMERGENCY PERSONNEL (911) TO GET PROMPT MEDICAL ATTENTION. DO NOT RELY ON ELECTRONIC COMMUNICATIONS THROUGH THIS WEBSITE FOR ASSISTANCE IN REGARD TO YOUR IMMEDIATE, URGENT MEDICAL NEEDS.
The Website is not a substitute for traditional medical advice, consultation, diagnosis, or treatment. The determination of the need for medical services and the types of health care to provide a patient are decisions that should only be made by a physician or other licensed health care provider. If You are a patient viewing this information, You should not use it in place of Your physician’s advice. For all medical concerns, patients should always consult their physician and should never disregard medical advice or delay seeking such advice because of any Content.
Acceptable Use of this Website
By using the Website, you agree not to do the following:
- communicate material that is unlawful, fraudulent, libelous, obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any person or entity.
- communicate a sexually-explicit image.
- impersonate another person. I acknowledge the information I share pertains only to me.
- violate the Children’s Online Privacy Protection Act (available at https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule).
- communicate material that is copyrighted, without the permission of the copyright owner.
- communicate material that reveals trade secrets, unless I have permission of the owner.
- communicate material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others.
- attempt to disrupt the operation of the Website by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming.
- use the Website in any manner that could damage, disable or impair the Website or service(s) contained within.
- use any robot, scraper or other means to access the Website for any purpose.
- use the Website to advertise or provide any commercial services to third parties.
- use the Website to collect or store data with respect to Kettering or third parties except as contemplated by these Terms and Conditions.
Kettering grants a limited license to each user to make personal use only of the Website in accordance with these Terms and Conditions. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale, or together commercial use of the Website and the associated services, making any derivative of the Website or the associated services, the collection and use of the user email addresses or other user information, including, without limitation, health information or any data extraction or data mining whatsoever.
Access to Sections of the Website Requiring a Login and Password
Access to portions of this Website requires login and password information provided by Kettering. To obtain a password, You must register with the Website and provide the information requested in the registration process. You will be provided with a login and password. The login and password are provided for Your use only, are not transferable and are subject to the Terms and Conditions and Privacy Policy set forth within those areas of the Website.
You agree that You will be responsible for maintaining Your password as confidential and for any activity that occurs as a result of Your enabling or permitting another person or entity to use Your password. You agree to immediately notify Kettering in the event that (i) Your password is lost or stolen, (ii) You become aware of any unauthorized use of Your password or of any other breach of security related to the Website, or (iii) You receive a login and password that belong to another person (in which case You are not authorized to use that login account).
Kettering is not responsible for any loss or damage arising from Your failure to comply with the provisions of this Section. Misuse of a login account, including, without limitation, unauthorized sharing of the login and password, may result, at Kettering’s sole discretion, in cancellation of Your password and other remedies, and Kettering shall have no liability to You.
You may contact Kettering and have Your login and password information inactivated. For more information about how to do this, You should follow the instructions found in the relevant terms and conditions for that portion of the Website.
MyChart Access
If you chose to access and/or use MyChart through the Website, you are subject to the MyChart Terms and Conditions, available at:
Links to Other Resources
Areas of the Website may contain links to other web sites. Please note that when you click on any of these links, you are entering another website for which Kettering has no responsibility or control. The inclusion of any link does not imply affiliation, endorsement, or adoption by us of the linked site or any medical or other information contained therein. Kettering encourages you to read the terms and conditions, data-gathering practices and privacy policies of all linked sites to which you may be bound, as they may materially differ from ours. You agree that Kettering shall not be responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such links on this site. It is up to you to take precautions to ensure that whatever linked material you select is free of items such as viruses, worms, Trojan horses, and otherdestructive items.
Governance, Disputes, and Indemnification
The laws of the State of Ohio govern these Terms and Conditions. By using this Website, You agree to be bound and shall be subject to the exclusive jurisdiction of the local, state or federal courts located in Montgomery County, Ohio.
If You do not comply with these Terms and Conditions, We have the right to suspend or eliminate Your account and remove any information You have placed on the Website. We may also take any legal action We think is appropriate.
You agree to hold harmless and indemnify Kettering and its affiliates, and each of its officers, directors, employees and agents from and against any and all third party claims, demands, proceedings and any losses, liabilities, damages, costs, payments and expenses, including reasonable attorneys’ fees, costs and expenses arising out of, directly or indirectly, Your use of the Website including, without limitation (a) any unlawful use of the Website, (b) any use of the Website that violates the Terms and Conditions; and/or (c) any use of the Website that causes harm to yourself or others.
Privacy Policy
Your privacy is important, and We will take all commercially reasonable steps to protect Your privacy. You may learn more about the information We may collect about You, the uses We may make of Your information, and the security measures We take to protect Your information, by reviewing Our Privacy Policy at: [LINK]
Minors
Except as otherwise indicated, Kettering does not knowingly or intentionally collect personal information from children under age 18. The content of this Website is directed at adults, and therefore this Website is intended for use only by adults over the age of 18. If you are under the age of 18, please consult a parent or guardian for help in using this Website.
By registering for emails on the Website, You acknowledge and agree that, from time to time, We may forward to You e-mail messages from Our communications department or other departments. We will never share Your email address(es) with any third party unless You have specifically given Us permission to do so.
Disclaimers and Limitation of Liability
CONENT, MATERIALS, SERVICES AND OTHER INFORMATION ARE PROVIDED “AS IS” BY KETTERING FOR EDUCATIONAL PURPOSES ONLY.
KETTERING MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE OR NON-INFRINGEMENT.
ALTHOUGH OUR HEALTH INFORMATION CONTENT IS REVIEWED AND APPROVED BY HEALTHCARE PROFESSIONALS, KETTERING DOES NOT GUARANTEE THE ACCURACY, ADEQUACY, OR COMPLETENESS OF ANY INFORMATION AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.
YOU ACKNOWLEDGE AND AGREE THAT KETTERING DOES NOT OPERATE OR CONTROL THE INTERNET AND THEREFORE KETTERING DOES NOT GUARANTEE THAT THE USE OF THIS WEBSITE WILL BE ERROR FREE OR FREE OF TECHNOLOGY DOWNTIMES OR UNAVAILABILITY.
YOU ACKNOWLEDGE AND AGREE THAT KETTERING CANNOT AND DOES NOT GUARANTEE AGAINST VIRUSES, WORMS, OR OTHER UNAUTHORIZED USERS OR HACKERS ATTEMPTING TO OBTAIN ACCESS TO THIS WEBSITE OR INFORMATION TRANSMITTED TO OR FROM THIS SITE.
IN NO EVENT SHALL KETTERING BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR MONETARY DAMAGES, INCLUDING FEES, AND PENALTIES IN CONNECTION WITH YOUR USE OF MATERIALS POSTED ON THIS WEBSITE OR CONNECTIVITY TO OR FROM THIS WEBSITE TO ANY OTHER WEBSITE.
Kettering also reserves the right to temporarily or permanently discontinue this Website, any page, or any functionality on this Website at any time and without notice.
About Our Content
Kettering reserves complete and sole discretion with respect to the operation of the Website. Subject to applicable law, Kettering reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Website and/or service contained within, pursuant to Kettering’s internal record retention and/or destruction policies. THE CONTENT FOUND ON THIS SITE MAY NOT BE APPROPRIATE OR SATISFACTORY FOR YOUR USE, AND YOU SHOULD VERIFY ALL CONTENT BEFORE RELYING ON IT.
Licensed Editorial Content
All Content included on the Website, including but not limited to, text, photographs, graphics, button icons, images, artwork, names, logos, trademarks, service marks and data, in any form including the compilation thereof, are protected buy U.S. and international copyright law and conventions. The Content includes both Content owned or controlled by Kettering, and Content owned or controlled by third parties and licensed to Kettering. Except as permitted in these Terms and Conditions, direct or indirect reproduction of the Content, in whole or in part, by any means, is prohibited without the express written consent of Kettering.
Copyright
The Content is owned by Kettering and third parties and is protected by the United States Copyright Act of 1976, as amended, and the copyright laws of other countries. Certain materials are used by permission of their respective owners. The Content of the Website may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written permission of Kettering, except that, subject to Your compliance with the Terms and Conditions, Kettering authorizes You to view or download a single copy of the Content provided that You keep intact all copyright, trademark, and other proprietary notices. Modification or use of Content for any other purpose is a violation of the rights of Kettering or third parties.
Trademarks
“Kettering Health” and other Kettering marks used on this Website are trademarks owned by Kettering. Other trademarks are used with the permission of their respective owners. You agree not to use or display trademarks without the prior written consent of Kettering or the owner of such mark.
Third Party Materials
Some of the material on the Website is provided by third parties, and Kettering shall not be held responsible for any such third-party material. Kettering disclaims any responsibility for or liability related to such third-party material. Any questions, complaints, or claims related to any third party product should be directed to the appropriate third party.
Reporting Violations
In the event Kettering decides to allow communications venues for registered users such as blogs, internal networks, etc., pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c) (2), Kettering’s designated agent for notice of alleged copyright infringement in connection with the Website is the Webmaster. To file a notice of infringement with Kettering, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office web site, located at http://www.copyright.gov.
Advertising
Advertising is not permitted on the Website.
Contact Information
If You have questions or concerns regarding these Terms and Conditions, then please contact the Webmaster at privacy.officer@ketteringhealth.org.
Changes
These Terms and Conditions are subject to change by Kettering periodically. If such a change is made, Kettering will post the revised Terms and Conditions on the “Terms and Conditions” section of the Website. Kettering reserves the right to add to or change the Website or cease offering the Website or terminate Your use of the Website at any time and without liability. Kettering reserves the right to refuse to offer access to the Website and/or Content to anyone at anytime without notice.
Miscellaneous
The Terms and Conditions constitute the entire agreement between and by You and Kettering relating to the Website and Content. There is no agency, partnership, joint venture, employee-employer or physician-patient relationship between any user, including, without limitation, You, and Kettering arising solely through the use of the Website. The Terms and Conditions are binding upon Your successors, assigns, heirs and executors. If any provision of the Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect. The failure of Kettering to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or condition. Any claim or cause of action arising out of or related to the Website, Content or the Terms and Conditions must be filed within one year after such claim or cause of action arose. The section titles of the Terms and Conditions are merely for convenience and will not have any effect on the substantive meaning of this Agreement.
