Steward Terms of Use and Copyright Infringement Claims 

Steward Heath Care System LLC and its affiliates (collectively, “Steward,” “we,” “our,” and “us”), operates this website (“Site”). This Site is not an attempt to practice medicine or provide specific medical advice, nor does use of the site establish a doctor-patient relationship. By using the Site, you agree to these Terms of Use (the “Terms”).  If you do not agree to the Terms, do not use the Site. You will still be bound by the Terms as they existed when you last used the Site. These terms include an agreement to submit all disputes to individual mandatory arbitration. 

We remind visitors to this Site that nothing ever takes the place of a personal visit with your doctor. While we are happy to provide as much medical information as possible, if you have any questions about your health, make an appointment and discuss your questions with your caregiver. They are in the best position to make decisions with you about what is in your best interest. 

We reserve the right to make changes to these terms at any time. Please check back from time to time to ensure you are aware of any updates or changes. When you continue use of the Site, you agree to the new Terms. 

Information or Complaints  

If you have any questions, concerns, complaints or suggestions regarding our Website Terms and Conditions or otherwise need to contact us, please contact us via Postal Mail: Steward Health Care System LLC, 1900 N. Pearl Street, #2400, Dallas, TX 75201

Site Disclaimer

The Site and all of its text, images, and software (collectively, “contents”) are provided on an 'as is' basis without any warranties of any kind, whether express, implied or statutory. You agree that you must evaluate, and that you bear all risks associated with, the use of the site, including without limitation any reliance on the accuracy, completeness or usefulness of any content available through or in connection with the site. 

Steward Health Care may provide links to widely respected and recognized not-for-profit or other health care organizations that are not part of the Steward Web family or steward.org domain. These sites may provide more detailed information, which may be useful to web visitors. Organizations, companies or individuals other than Steward Health Care or its affiliates manage these sites, and they are not under Steward control. Steward Health Care is not responsible for the information or links you may find on such sites. Steward Health Care provides links to these sites only as a convenience, and the presence of these links is not a Steward Health Care endorsement of the sites, their contents or links. In addition, Steward Health Care is not responsible for the information collection practices of non-Steward Health Care sites. Once you link to another site, you are subject to the privacy policy of the new site, and you should read that site's policies on privacy and information collection. 

While using the Site, you are required to comply with these Terms and all applicable laws, rules and regulations. 

We expect users of the Site to respect the rights and dignity of others. Do not use the Site to harass, stalk, threaten or otherwise violate the legal rights of others. Do not impersonate anyone. Do not disrupt the operation of the Site.  We reserve the right in our sole discretion to restrict or terminate access that does not comport with these Rules of Conduct and to remove any materials that violate these Terms or which we find objectionable. 

You agree to defend, indemnify and hold harmless us, and our directors, officers, employees, agents, Affiliates, and representatives, from and against all claims, losses, costs and expenses (including without limitation attorneys’ fees) arising out of any violation of these Terms by you.  

We may terminate your access to the Site at our sole discretion, at any time, and without prior notice. We may immediately deactivate or delete all related information and files. 

Intellectual Property 

The Site and its Contents, including all trademarks, service marks, and graphical elements, are our sole property unless otherwise expressly noted and are protected by copyright, trademark, patent, and/or other proprietary rights and laws.  The Site and its Contents may also contain third-party names, trademarks, and service marks that are the property of their respective owners. Subject to these Terms, you are granted a personal, non-exclusive, non-transferable and revocable license to use the Site solely for your own personal, non-commercial purposes and solely in accordance with these Terms. 

This license is terminable at any time and does not grant you any additional rights to the Site or its Contents.  Steward reserves all other rights. You may not modify, alter or change any Content, or distribute, publish, transmit, reuse, re-post, reverse engineer, or disassemble the Content or any portion thereof for public or commercial purposes, including, without limitation, the text, images, audio and video. Your use of any Content, except as provided in these Terms, without our written permission is strictly prohibited. 

Limitation of Liability 

We recognize that some laws provide consumers specific rights and remedies and expressly prohibit waiver of these rights. Except with respect to these laws, you waive all damages under any cause of action other than actual damage for out-of-pocket loss. For example, except with respect to these laws, you waive all special, incidental, indirect or  consequential damages as well as the imposition of costs and attorney’s fees, with respect to use of the Site or its contents.

Dispute Resolution Terms 

Choice of Arbitrator and Rules: Any disputes, claims, and causes of action arising out of or connected with your use of the Site (each, a “Dispute”)  must be submitted exclusively to the American Arbitration Association (AAA) to be heard under its Consumer Arbitration Rules. If for any reason,  AAA is unable or unwilling to conduct the arbitration consistent with these terms, you and we will pick another arbitrator pursuant to 9 U.S. Code § 5.    

Mandatory (Individual) Arbitration: You agree that any Dispute between us shall be resolved exclusively in individual (non-class) arbitration.  The parties intend to be bound to the Federal Arbitration Act, 9 U.S.C. § 1 et seq.  An arbitration means there will be no jury, and no judge. 

Scope of Arbitration: The arbitrator shall exclusively determine all issues as to the Dispute, applying these Terms.  The arbitrator shall also determine any question as to whether any Dispute or issue is subject to arbitration.  The arbitrator shall not have the power to hear any Dispute as a class action, mass action, or representative action.  The arbitrator shall not have any power to issue relief to anyone but You or us. 

Exception to Arbitration (Small Claims Court): Disputes that can be fully resolved in small claims court need not be submitted to arbitration.    

Choice of Venue: You agree that any Disputes shall be heard exclusively in Dallas, Texas unless otherwise agreed to by the Parties or determined by the arbitrator.  You consent to jurisdiction in  Dallas, Texas for all purposes. 

Choice of Law: These Terms and your use of the Site are governed by the laws of the State of Texas, without regard to its choice of law provisions.  However, any determination as to whether a Dispute is subject to arbitration, or as to the conduct of the arbitration, shall be governed exclusively by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. 

Class Action Waiver: You agree that any Dispute between us shall be resolved in an individual action.  Under no circumstances will you file, seek, or participate in a class action, mass action, or representative action in connection with a Dispute. 

Remedies Available in Arbitration: The arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorney’s fees and costs, in accordance with the law(s) that applies to the case, except injunctive relief. 

Injunctive Relief: The arbitrator may not issue any injunction.  If either party in a Dispute seeks injunctive relief, the arbitrator will complete arbitration of the Dispute, issue an award of monetary compensation (if any), and then the party seeking injunctive relief may file a new action in state or federal court in Texas, solely for injunctive relief.  The findings of fact and conclusions of law of the arbitrator shall not be submitted as evidence or constitute precedent in this subsequent suit. 

Digital Millennium Copyright Act Notice. Claims of Copyright Infringement.

We respect the intellectual property rights of others and require that our users do the same. The following notice requirements are intended to comply with Steward’s media rights and obligations under the DMCA section 512(c) and do not constitute legal advice.  

If you believe that any content available on our Site or other activity taking place on our Site constitutes infringement of a work protected by copyright (each, a "Work"), then please notify us as follows:  

Provide a written, signed notice of infringement (a "DMCA Notice") to the designated agent at Steward, by postal mail: Steward Health Care System LLC, 1900 N. Pearl Street, #2400, Dallas, TX 75201

Such DMCA Notice should be in the form set forth below, which is consistent with the form suggested by the United States Digital Millennium Copyright Act (the "DMCA"). 

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. 
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. 
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. 
• Include both of the following statements in the body of the Notice: 
• “I hereby state that I 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 (e.g., as a fair use).” 
• “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

Your notice must comply with the Digital Millennium Copyright Act (17 U.S.C. §512) (the "DMCA"). The DMCA provides that you may be liable for damages (including costs and attorneys' fees) if you make a false or bad faith allegation of copyright infringement by using this process. If you are not sure what your rights are, or whether a copyright has been infringed, you should check with a legal advisor first. 

Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA. As part of our DMCA response, we may remove or disable access to material residing on a site that is controlled or operated by Steward that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.