Terms of Use

Welcome to the website of HealthyKansasCity, a project of Metropolitan Medical Health Foundation ("HealthyKansasCity") (the "Site"). Please review these Terms of Use. By accessing or using the Site, you agree to follow and to be legally bound by these Terms of Use.

1. GENERAL HEALTH-RELATED INFORMATION; USE OF INFORMATION
The information obtained from this Site is intended to provide broad consumer understanding and knowledge of healthcare topics and resources in the Kansas City metropolitan area. The information is not exhaustive and does not cover all diseases, ailments or physical conditions or all treatments. It should not be used for medical diagnosis or treatment and should not be used in place of a visit or call to or the advice of your physician or other health care provider. The Site and the information that you can obtain from using the Site are not intended to be and must not be taken to be the rendering of professional healthcare advice or services or the practice of medicine, nursing or other professional health care in any jurisdiction.

Should you have any healthcare related questions, please call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you read here or on any other website.

Although the Site is sponsored by Metropolitan Medical Health Foundation, an affiliate of Metropolitan Medical Society of Greater Kansas City, the information on the Site on health-related issues and resources is not routinely screened or reviewed by members of the Society or any other healthcare professionals.

The information on the Site is from a variety of sources ("Information Providers"), including websites. You agree that neither HealthyKansasCity nor any Information Provider shall be responsible for or liable for your use of information provided on or through this Site under any theory of liability.

2. OWNERSHIP AND USE OF SITE MATERIALS
The Site contains information, data, logos, graphics, images, photographs and other elements and materials (collectively, "Materials") that are owned by and are the copyrighted works of HealthyKansasCity or its third party providers. HealthyKansasCity also owns a copyright in the selection and arrangement of the Materials. Except as stated herein, you may not use, copy, reproduce, modify, create derivative words from, distribute, republish, download, display, post or transmit in any form or by any means, including electronic, mechanical, photocopying, recording or other means, any Materials without the prior written permission of HealthyKansasCity. Any unauthorized use of any Materials contained on or obtained through this Site may violate copyright, trademark, privacy, publicity or communications laws and regulations.

HealthyKansasCity hereby grants you permission to copy, print and download Materials on this Site on an occasional and irregular basis, provided that: (a) all the copyright and other proprietary notices appear in the Materials; (b) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer, broadcast in any media or used for commercial gain; and (c) the Materials are not modified in any way.

3. TRADEMARKS
"HealthyKansasCity," "Healthy Kansas City," "Healthy KC" and other marks are trademarks of HealthyKansasCity and may be registered in certain jurisdictions. "Vital Seek" and other company names, marks, logos and symbols may be the trademarks of Today Communications, Inc., other third party providers of HealthyKansasCity or other third parties. Any unauthorized use of any such trademarks may be a violation of the rights of HealthyKansasCity or a third party.

4. ON-LINE CONDUCT; CHAT ROOMS
You may not use the Site for any unlawful purpose or to collect personal information about others. You may not transmit through or post on the Site any unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful or any racially, ethnically or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate applicable laws. Except for information you submit to your personal health record, all information and communications you transmit to any chat rooms or bulletin boards or otherwise post to the Site are public and are not confidential. Do not post any information in such chat rooms or other interactive areas that you do not want to be accessible to everyone on the Internet. You are responsible and liable for the consequences of transmitting or posting all such information and communications.

5. APPROPRIATENESS OF CONTENT
Although some of the Materials on the Site may be specifically designed for children, other content on or obtained through this Site may not be appropriate for children. Parent or guardians are solely responsible for providing supervision of their children's use of the Site.

6. LINKS TO THIRD PARTY SITES
This Site contains links to websites controlled by parties other than HealthyKansasCity. HealthyKansasCity does not screen or endorse and is not responsible or liable for the contents or use of these third party sites or for their policies respecting privacy of personal information. HealthyKansasCity is providing these links to you only as a convenience.

7. TERMINATION OF ACCESS
HealthyKansasCity may cease operating the Site or terminate your access to all or part of the Site, without notice, at any time, for any reason.

8. DISCLAIMERS RESPECTING SITE AND MATERIALS
THE SITE AND MATERIALS ARE PROVIDED "AS IS," AND THE USE OF THE SITE AND MATERIALS IS AT YOUR SOLE RISK. HEALTHYKANSASCITY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE, THE OPERATION OF THE SITE, THE MATERIALS OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE MATERIALS OR THAT USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER DESTRUCTIVE PROPERTIES. HEALTHYKANSASCITY HEREBY DISCLAIMS, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ALL SUCH EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES AND GUARANTIES.

HEALTHYKANSASCITY DOES NOT REPRESENT OR WARRANT THAT ANY INFORMATION ACCESSIBLE ON OR THROUGH THE SITE IS ACCURATE, RELIABLE, COMPLETE OR CURRENT. ALL INFORMATION IS SUBJECT TO CHANGE WITHOUT PRIOR NOTICE TO USER.

9. LIMITATION OF LIABILITY RESPECTING SITE
HEALTHYKANSASCITY, METROPOLITAN MEDICAL HEALTH FOUNDATION, METROPOLITAN MEDICAL SOCIETY OF GREATER KANSAS CITY, THE MEMBERS OF SAID SOCIETY AND ANY OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS OR AFFILIATES OF ANY OF THE FOREGOING SHALL NOT BE LIABLE (AND YOU AGREE THAT THEY SHALL NOT BE LIABLE) FOR ANY DAMAGES OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE USE OF ANY MATERIALS OR OTHER INFORMATION OBTAINED THROUGH THIS SITE OR THE USE OR INABILITY TO USE THE SITE, INCLUDING INTERRUPTIONS, ERRORS, DEFECTS, MALFUNCTIONS, VIRUSES OR DELAYS IN OPERATION OR TRANSMISSION. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING COMPENSATORY, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OR INACCURACY OF DATA OR LOSS OF REVENUE).

10. INDEMNIFICATION BY SITE USER
You agree to hold HealthyKansasCity and its affiliates harmless from and indemnify them against any claims by third parties based on or related to your on-line actions, your failure to comply with these Terms of Use or your use of the Site or the Materials and all damages, costs and expenses relating thereto.

11. CHANGES TO SITE OR TERMS OF USE
HealthyKansasCity may make improvements or changes to the Site or to the services and programs described on this Site at any time without notice. HealthyKansasCity may revise these Terms of Use at any time, without prior notice, by posting the revision or the revised Terms of Use on the Site; any revision is effective upon your accessing this Site.

12. LOCAL LAWS; USE LIMITED TO USA
HealthyKansasCity makes no representation that the Site or the Materials are appropriate or available for use outside the USA. If you use this Site from locations outside the USA, you are responsible for compliance with USA and foreign export and import laws and regulations and all applicable local laws. All marketing or promotional materials found on this Site are directed solely to individuals and entities located in the USA.

13. RIGHTS AND REMEDIES OF HEALTHYKANSASCITY
You agree that HealthyKansasCity shall have all rights and remedies provided under these Terms of Use and under applicable law.

14. GOVERNING LAW; CHOICE OF FORUM
These Terms of Use and all other transactions conducted through the Site or with HealthyKansasCity will be governed by and construed and enforced under the laws of the State of Missouri (excluding any conflict of laws rules). These Terms of Use represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional, communications. The exclusive jurisdiction and venue for any legal proceedings relating to these Terms of Use or to the Site or transactions or activity conducted on or relating to the Site will be the appropriate state or federal courts in Jackson County, Missouri; you consent to such jurisdiction and waive all objections to such courts based on jurisdiction, venue and inconvenience of the forum.

Privacy Policy

To better protect your privacy, HealthyKansasCity, a project of Metropolitan Medical Health Foundation ("HealthyKansasCity"), provides this notice of our privacy policy to explain our online information practices and the choices you can make about the way your information is collected and used. This policy applies to all information collected on or submitted to the HealthyKansasCity website (the "Site").

1. PERSONALLY IDENTIFIABLE INFORMATION
HealthyKansasCity will not collect any personally identifiable information or data about you (such as your name, address, telephone number or e-mail address) unless you provide it to us voluntarily (for example, when you register to use a Personal Health Record or when you respond to surveys or questionnaires). If you do not want your personally identifiable information collected, do not submit it to us.

If you do submit personally identifiable information to the Site, unless and until you specifically notify us otherwise in writing, we may use it to contact you and for our internal purposes. (For example, we may use that information to send you e-mails and respond to your questions, and we may store and process it to better understand your needs and how we can improve our services.)

We will not give or sell your name, e-mail address or other personally identifiable information to any third party for its use in marketing or solicitation without your prior authorization. We will take the measures referred to below to maintain the security of any information you submit, including information you submit to your Personal Health Record.

2. COLLECTION OF NON-PERSONALLY IDENTIFIABLE INFORMATION
The Site uses "cookies" and other tools to automatically collect and temporarily store certain information and data about your computer and your visit to the Site (such as your log-in, the domain and host from which you accessed the Internet, the date and time you arrived at the Site, how long you spent at the Site and the pages you visited). Such information is not personally identifiable (that is, it does not identify you as the user), and HealthyKansasCity may collect and use such information and data for its own marketing and planning purposes and to create aggregate reports. HealthyKansasCity may share non-personally identifiable aggregated information and data with partners, collaborators, funders, advertisers or other third parties, but no reports or other information collected from the Site and furnished to third parties will contain any of your personally identifiable information without your prior authorization.

You may set your browser to reject cookies, but your use of the Site may be impaired if you do so.

3. PERSONAL HEALTH RECORD
The Site has a feature we call the "Personal Health Record" which you can use to organize and keep a record of your health-related information, such as your family medical history and information on your medications, allergies, immunizations and surgeries. To register for a Personal Health Record, you must submit to us your name, a password selected by you and your e-mail address. We will not share such information with any third parties except as described in this Privacy Policy.

Your Personal Health Record itself will only contain the personal information that you submit. Only you (or a person using your name and password) will have access to your Personal Health Record, and only you can change such information or furnish it to third parties. (HealthyKansasCity and its third party providers will also have access to all Personal Health Records for purposes of maintaining and upgrading the Site. Those third parties will be required by us to hold all such information in confidence and to not use it for any purpose other than to perform the services for us.)

HealthyKansasCity wants all personal information to remain as secure as possible. Our Site resides on servers in a network that is protected by a Cisco PIX firewall; the firewall features an intrusion detection system that guards against would-be hackers. We use Secure Socket Layer (SSL) encryption technology in transmitting your personal information to the servers we use. In order to take advantage of this encryption technology, however, you need to have an Internet browser that will support 128-bit encryption, such as Netscape or Microsoft Explorer.

Although HealthyKansasCity will take reasonable measures to protect your personal health information from loss, misuse or unauthorized access, there is always some risk involved in transmitting information over the Internet and some risk that our security can be broken.

4. LINKS TO OTHER SITES
The Site provides links to third party websites, and certain content and services offered to you through the Site are served by websites hosted and operated by third parties. You should review the privacy policies posted on these other sites to understand how they collect and use your personal information. HealthyKansasCity is in no way responsible for any websites operated by third parties, for the privacy practices of these third parties or for the security of their sites. Our privacy policy applies solely to information collected by the HealthyKansasCity Site.

5. CHANGES IN PRIVACY POLICY
HealthyKansasCity will use information in accordance with the privacy policy in effect when the information was collected. If we change our privacy policy, we will post those changes or the revised privacy policy on the Site so that our users are always aware of what information we collect, how we use it and under what circumstances, if any, we may share or otherwise disclose it.

6. EXCEPTIONS
Notwithstanding the foregoing, HealthyKansasCity will (a) comply with all laws and court orders and cooperate fully with state, local and federal officials in any investigation relating to any content (including electronic communications transmitted to HealthyKansasCity or on or through the Site) or purported unlawful activities of any user, including threats of physical violence, and (b) take reasonable measures to protect its proprietary rights and business operations.