DRH Health Terms of Use

Acceptance of the Terms

Welcome. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms”) are entered into by and between you and Duncan Regional Hospital (“DRH Health”) and govern your access to and use of https://www.duncanregional.com/ (the “Website”), our portals, our SMS text notification services, and any other internet-based services provided by DRH Health and/or any of its affiliates (“we,” “us,” or “our”) (collectively, our “Services”).

Please read these Terms carefully before using the Services. BY USING THE SERVICES OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND OUR PRIVACY POLICY, SOCIAL MEDIA TERMS OF USE, AND SMS MESSAGING POLICY, EACH INCORPORATED HEREIN BY REFERENCE. If you do not want to agree to these Terms, including the Privacy Policy, the Social Media Terms of Use, or the SMS Messaging Policy, you must not access or use the Services.

Our Services are not intended for users under the age of 13. We do not knowingly collect information from users under the age of 13. Users under the age of 13 are expressly prohibited from submitting their information to us via the Services or using portions of the Services that require registration. By using the Services, you represent and warrant that you are of legal age to form a binding contract with DRH Health and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

Changes to the Terms and Services

These Terms may have changed since you last used our Services. We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

We may update the content on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

Accessing the Services and Account Security

We reserve the right to withdraw or amend the Services or to modify or terminate your access to the Services or portions of the Services, at any time in our sole discretion, temporarily or permanently, with or without notice to you. We are not obligated to support or update the Services. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Services or the entire Services.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.

To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with this Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Use of Services; No Medical Advice

The information contained in or provided by our Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services (including the Website), or by anyone who may be informed of any of its contents.

The Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by DRH Health, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of DRH Health. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

OUR SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER. DO NOT USE INFORMATION PROVIDED VIA OUR SERVICES TO DIAGNOSE OR TREAT A HEALTH CONDITION OR DISEASE WITHOUT CONSULTING A QUALIFIED HEALTHCARE PROVIDER. THERE IS NO PHYSICIAN-PATIENT RELATIONSHIP ARISING SOLELY BY VIRTUE OF USING THE SERVICES. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ VIA THE SERVICES. DO NOT USE OUR SERVICES FOR MEDICAL EMERGENCY SERVICES. IN AN EMERGENCY, CALL 911, YOUR PERSONAL PHYSICIAN, AND/OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.

Intellectual Property Rights

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by DRH Health, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or other Services, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features in accordance with our Social Media Terms of Use.

You must not:

• Modify copies of any materials from the Website or other Services.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website or the other Services.

You must not access or use for any commercial purposes any part of the Website or other Services.

Any use of the materials or information available via our Services for any other purpose is prohibited. No right, title, or interest in or to the Website, the other Services or any content on the Website or other Services is transferred to you, and all rights not expressly granted are reserved by DRH Health. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or other Services in breach these Terms, your right to use our Services is terminated immediately and you must, at our option, immediately return or destroy any copies of the materials you have made. Any use of the Services not expressly permitted by these Terms is a breach of these Terms  and may violate copyright, trademark, and other laws.

Trademarks

DRH Health’s name, logo, and all related names logos, product and service names, designs, and slogans (the “Trademarks”) are trademarks of DRH Health or its affiliates or licensors, unless stated otherwise. You may not use the Trademarks for any purpose, including but not limited to, in advertising or publicity pertaining to distribution of materials via our Services, without our prior written consent. Any other trademarks appearing on third party websites linked to by our Services are the property of the respective owners or operators of those third-party websites.

User Conduct

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

• in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
• to post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic, illegal, or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law.
• to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
• for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
• to abuse, harass, stalk, threaten, or otherwise violate the legal rights of any third party; or
• to impersonate or attempt to impersonate DRH Health, a DRH Health employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or
• to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm DRH Health or users of the Services, or expose them to liability.

Additionally, you agree not to:

• delete, modify, hack, or attempt to change or alter any of the Services;
• attempt to gain unauthorized access to accounts, computer systems, or networks connected to any of our servers or to the Services, through hacking, password mining, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally or readily made available through the Services;
• use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of the Services or servers or networks connected to the Services, or take any other action that interferes with administration, security, and/or operation of the Services or other parties’ use of the Services;
• use any robot, spider, or other automatic device, process, or means to access the Services for any purposes, including harvesting or compiling information on the Services;
• use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent;
• use the Trademarks without prior written consent, including without limitation as metatags, search engine keywords, or hidden text;
• use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
• transmit or upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
• attack the Services via a denial-of-service attack or a distributed denial-of-service attack;
• otherwise attempt to interfere with the proper working of the Services.

Links to Other Websites

If our Services contain links to any third party websites or resources, these links are provided solely as a convenience to you. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of such websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. Moreover, we do not endorse or make any representations about any of the third-party websites or resources for which links are provided or any information, software, or other products or materials made available by such third-party websites or resources, or any results that may be obtained from using them. If you decide to access any of the third-party websites or resources linked to by our Services, you do so entirely at your own risk. We reserve the right to terminate such links at any time.

Geographic Restrictions

The owner of the Website is based in the State of Oklahoma in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of their content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Communication Program

DRH Health may offer a SMS text messaging or communication program (the “Communication Program”) as a convenience for our patients, in accordance with our SMS Messaging Policy. Data obtained from you in connection with this Communication Program may include your telephone number, your carrier’s name, and details of the message (date, time, and content). We may use this information to contact you in accordance with these Terms and to provide the services you request. For additional information on our data collection and use, please read our Privacy Policy.

By providing your telephone number to us or your physician or by otherwise agreeing to participate in the Communication Program, you consent to receive text messages and/or push notifications from or on behalf of us including messages using automated dialing technology. Such messages may be service-related or contain information regarding products or services that may be of interest to you, service announcements, or programs or other topics of interest and may include confirmation or reminders for billing purposes, medical appointments at our facilities, etc.

Participation in the Messaging Program is not required to purchase any products or services offered by DRH Health. However, you acknowledge that opting out of receiving SMS text messages may impact your experience with the Services that rely on communications via SMS text messaging. You may opt out of SMS text messages in connection with the Communication Programing at any time by following the protocol outlined in the SMS Messaging Policy.

By participating in the Communication Program, you agree and acknowledge that SMS text messages have inherent privacy risks, including that unencrypted text messages are not secure and could be accessed by an unauthorized party, intercepted, or altered without your knowledge or authorization. You should carefully decide what information you send to us via such communications channels. Any transmission of personal data is at your own risk.

By providing your telephone number to participate in the Communication Program, you represent that you are the owner of said telephone number. You are responsible for notifying us immediately if you change your telephone number. You agree to indemnify us and any third parties texting on our behalf in full for all claims, expenses, and damages related to or caused, in whole or in part, by your failure to immediately notify us if you change your telephone number, including but not limited to all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.

You acknowledge that SMS text messages are distributed via third-party mobile network providers, and therefore, we are unable to control all functions related to the delivery of text messages. You acknowledge that it may not be possible to transmit all text messages successfully. We will not be liable for any delays in the receipt of any SMS messages, nor will we be liable for any undelivered messages, as delivery is subject to effective transmission from your network operator. The Communication Program may not be available on all U.S. mobile carriers. While we do not charge you for these services, message and data rates may apply to each text message sent or received in connection with the Communication Program, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for details about available plans). Applicable roaming charges may apply.

We may immediately suspend or terminate your participation in the Communication Program for any or no reason, including without limitation, any breach of these Terms. Your participation in this Communication Program is also subject to termination in the event that your mobile telephone service terminates or lapses.

Physicians

The physicians displayed on our Services are credentialed to treat patients at our facilities and, to the best of our knowledge, are in good standing. We may allow you to search physicians by alphabetical listing or other searches based on individual needs or preferences. Physicians employed by the parent company of DRH Health may (but are not required to) appear before other physicians.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. YOU AGREE TO ASSUME THE RISK OF ACCESSING AND USING OUR SERVICES AND THEIR CONTENT. OUR SERVICES, INCLUDING ALL CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

WE MAKE NO WARRANTY OR REPRESENTATION THAT: (A) THE SERVICES OR FEATURES AVAILABLE THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (B) THE CONTENT OR INFORMATION PROVIDED OR MADE AVAILABLE VIA OUR SERVICES IS ACCURATE, COMPLETE, COMPREHENSIVE OR CURRENT; (C) ANY PARTICULAR RESULTS MAY BE OBTAINED FROM THE USE OF THE SERVICES; (D) THE QUALITY OF THE CONTENT, SERVICES, WEBSITE, OR OTHER MATERIALS OBTAINED THROUGH THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS; OR (E) OR THAT ANY DEFECTS IN OUR SERVICES WILL BE CORRECTED OR THAT OUR SERVICES OR THE SERVER THAT MAKES OUR SERVICES AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN OUR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. INFORMATION PUBLISHED OR MADE AVAILABLE VIA OUR SERVICES MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR REGION.

YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH OUR SERVICES IS TO CEASE USE OF OUR SERVICES. WE RESERVE THE RIGHT TO SUSPEND OR WITHDRAW THE WHOLE OR ANY PART OF OUR SERVICES AT ANY TIME WITHOUT NOTICE AND WITHOUT INCURRING ANY LIABILITY.

TO THE FULLEST EXTENT PROVIDED BY LAW, DRH HEALTH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW,  IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING OUR SERVICES (OR ANY PART THEREOF) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH YOUR USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES (OR ANY PART THEREOF), ANY WEBSITES LINKED TO OUR SERVICES, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEBSITES, INCLUDING DAMAGES CAUSED BY VIRUSES OR ANY INCORRECTNESS OR INCOMPLETENESS OF THE INFORMATION PROVIDED OR MADE AVAILABLE VIA OUR SERVICES (OR ANY PART THEREOF), OR THE PERFORMANCE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY TO YOU RELATING TO OUR SERVICES (OR ANY PART THEREOF) EXCEED ONE HUNDRED DOLLARS ($100).

Feedback

Any information, including but not limited to remarks, suggestions, ideas, graphics, or other submissions (collectively, “Feedback”), communicated to us through our Services is the exclusive property of us and/or our affiliates. You agree that we may, in our sole discretion, use the Feedback submitted for any purpose, without restriction (except as stated in our Privacy Policy), including in future modifications of the Website or in other Services, or compensation to the person sending the Feedback. You hereby grant us a perpetual, worldwide, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license to use, modify, create derivative works from, distribute, display, and otherwise exploit the Feedback for any purpose. You acknowledge the originality of any Feedback and accept responsibility for its accuracy, appropriateness, and legality.

Indemnity

You agree to defend, indemnify, and hold us, our affiliates, licensors, and service providers and each of our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, assigns, and affiliates harmless from and against any and all claims, losses, liabilities, damages, judgments, awards, costs, and expenses (including attorneys’ fees and costs of litigation) arising out of or in any way related to your use of our Services other than as expressly authorized in these Terms, violation of these Terms, or violation of any third-party rights.

Copyright Violations

If you believe that your copyrighted work has been copied and is accessible through our Services in a way that constitutes copyright infringement, including within any User Contributions, please notify us at info@drhhealth.org.

The notice must include all of the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). As of the date of the posting of this Agreement, the information that you must provide includes: identification of the copyrighted work(s) that you believe to have been infringed; identification of the material on our Services that you believe infringes the copyright (with sufficient specificity to allow us to locate it); a statement that you believe in good faith that the use is not authorized by the copyright owner, its agent, or the law; a statement that the information you have provided is accurate and, under penalty of perjury, that you are the owner of the copyright involved or are otherwise authorized to act for the owner; your physical or electronic signature or the signature of a person authorized to act on behalf of the owner of the allegedly infringed right; and your contact information. Please keep in mind that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be held liable for damages (including costs and attorneys’ fees).

Third Party Payments

We are not responsible for any charges or fees associated with financial transactions that occur on or through third party websites. Any payments you may make for services you have found through use of our Services (such as enrolling in a class) are made exclusively through an affiliated third-party website for which a separate terms of use and privacy policy applies, and not through our Services. We encourage you to read the privacy statements of each and every website that collects personally identifiable information.

Limitation on Actions

You agree that any claim, dispute, or cause of action arising out of these Terms or your use of the Services must be filed within one (1) year after the claim or cause of action accrues or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.

Governing Law and Jurisdiction

All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of Oklahoma without regard to its choice or conflict of law provisions (whether of the State of Oklahoma or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services will be instituted exclusively in the federal courts of the United States or the courts of the State of Oklahoma, in each case located in the City of Oklahoma City and County of Oklahoma County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

At DRH Health’s sole discretion, it may require you to submit any disputes arising from these Terms or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Oklahoma law. The arbitration shall be conducted before three neutral arbitrators in Oklahoma County, Oklahoma. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.

General

If any provision of these Terms is found to be invalid, illegal, or unenforceable by any court having competent jurisdiction, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will remain in full force and effect. No waiver by DRH Health of any term or condition set out in these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of DRH Health to assert a right or provision within these Terms will not constitute a waiver of such right or provision.

Section Titles

The section titles of the Terms are merely for convenience and will not have any effect on the substantive meaning of these Terms.

Entire Agreement

Except as expressly provided in a specific legal notice on our Services, these Terms including our Privacy Policy, Social Media Terms of Use, and SMS Messaging Policy constitute the sole and entire agreement between us and you with respect to the use of our Services and content contained therein and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

Contact Information

If you have any questions about these Terms, our practices or Services, or your use of the Website, please contact us by email at info@drhhealth.org or call 580.252.5300 x###.  You also may contact us at the address below:

DRH Health
Attention: Terms of Use
1415 N Whisenant Dr.

Duncan, OK 73533