Website Privacy Policy

Last updated: November 6, 2023

This Privacy Policy (“Policy”) applies to data collected by Rogers Memorial Hospital, Inc. d/b/a Rogers Behavioral Health and any of its affiliates (“Rogers”, “we”, “us”) and applies to your use of our website (https://rogersbh.org/) (the “Website”), and through our interactions with individuals by email, telephone, or other means. This Policy explains how we collect, use and disclose personally identifiable information that we collect from you when you use the Website or you otherwise interact with us.  Visitors of this Website should also review our Terms of Use. This Policy applies to all pages and sites where it is posted.

Rogers respects the privacy of all visitors to its Website. Rogers is committed to maintaining the integrity and security of personal information of its Website visitors.

This Policy does not apply to the protected health information that Rogers may collect. For more information about our privacy practices relating to protected health information, please see the Rogers Memorial Notice of Privacy Practices.

Information We Collect:

We collect information, including personal information, to provide better services to you. We use the term “personal information” to refer to any information that identifies or can be used to identify you. Common examples of personal information include: name, email address, digital identifier, such as your IP address, information about your device, and certain metadata.

The personal information which we collect includes, but is not limited to, the following circumstances and data elements:

Information that you provide to Rogers.

• Contact Us. When you express an interest in obtaining additional information about our services, request information about the patient portal and mobile app, request support, fill out forms, or use our “Contact Us” or “Connect Care” features, we collect your personal information, such as your name, practice name, phone number, email address, location, parent or guardian name, date or birth, and primary language. This includes personal information on any document you may attach to form.
• Communications, Inquiries, and Surveys. When you communicate with Rogers by phone, email or chat functions, or responding to surveys, we collect the personal information you provide, such as your name, email address, and phone number.  This also includes personal information on any documents you may attach emails.
• Newsletter Subscription. If you subscribe to our newsletter, we may collect your name and email address to send you emails and information about our services.
• Payment of Medical Bills. If you pay a medical bill online through the website of one of our service providers, at the point of service, or send a payment by mail, we will collect or receive your name, billing address, mailing address, phone number, bank account or credit card information, and other payment information; we also use a third party payment processors to process payment card payments.
• Workshops. If you participate in a workshop, we collect the information you provide as part of that process.

Job Applicants. Job application information may be collected by us directly through the Website, in-person, or by email, or job application information may be collected on our behalf by our contracted third-party administrator(s) for applicant tracking purposes and by background check providers. These third-party administrators are permitted to process the information you provide only for purposes of providing services to us.

Social Media. If you post information on our webpage on a social media platform, we may use the information to respond, to promote our business and services, and in the normal course of our business operations. We may collect your personal information, such as your social media username, and other personal characteristics that you have made publicly available on the social media website. Note that the third-party operators of social media websites also receive such information, and their use of your personal information is governed by their own privacy policies.

Automated Data Collection: Cookies & Similar Technologies. We and our partners use various technologies to collect and store information when you visit one of our Website or open one of our emails, and this may include using cookies or similar technologies to identify your browser or device. These similar technologies include web beacons and web server logs. We also use these technologies to collect and store information when you interact with services from our partners, such as advertising services.

Cookies & Similar Technologies. We use “cookies,” which are small text files stored on your computer/device (and maintained by your browser), and often include a randomized unique identifier so that our Website can ‘recognize’ this cookie again. We may use such technologies to collect personal identifiers (such as your IP address), information about your device (such as your browser characteristics, device IDs and characteristics, and operating system version) and information concerning your usage of our Website (including the link you used to reach a given webpage) and interactions with our emails. We use this information to determine how many users have visited particular webpages, viewed particular videos, or opened messages or alerts, and we may also use such information. This helps us establish, maintain, and manage our relationship with you, and also helps us to optimize and provide the Website for your use and benefit, to improve our marketing activities, and to enforce our Website’s service terms and prevent malicious conduct.

We may also use cookies, pixels, beacons or various analytics tools for audience measurement purposes, and to personalize the delivery of content to you. Information from analytics tools may also be used for legal purposes.  We may also participate in interest-based advertising.  That means that you may see advertising on our Website tailored to how you browse or shop, or you may see advertising for Rogers on other websites based on your browsing behavior across websites.   Please note that without cookies enabled, you may not be able to complete certain transactions on our Website.

In some cases, our third-party partners may process information collected by cookies and similar technologies that we permit them to use on the Website. Please see our Cookie Policy for more details. With respect to any social media pages that we may use, please see the privacy policies and any cookie policies of the applicable social media providers as to their automated data collection practices.

You may be able to change a web browser’s settings to block and delete cookies when you access the Website through that web browser. However, if you do that, the Website may not work properly; also, we will still receive basic information (such as last URL visited) when you navigate to the Website. Rogers does not respond to Do Not Track (DNT) signals or similar signals, unless required by applicable law.

How We Use Information We Collect

We use the personal information we collect from our Website to provide, maintain, and improve it, to develop new products and services, and to protect our company and you. We also use your personal information in ways that are compatible with the business and commercial purposes for which it was collected or authorized by you, including for the following purposes:

• To present, operate, or improve the Website and our products and services, including analysis of Website activity;
• To inform you about the services and products available from Rogers;
• To authorize access to our Website;
• To process your payments;
• To personalize your experience to deliver content and products that most interest you;
• To market other products and services to you;
• To administer surveys or other Website features;
• To improve our customer service;
• To respond to your questions, comments, and requests and to provide support to you;
• To comply with all applicable legal requirements; and
• To investigate possible fraud or other violations of our Website’s service terms or this Policy and/or attempts to harm you.

For job applicants, we process your information to review your job application and for other employment-related purposes consistent with applicable law, including to contact you regarding your application and/or to contact you about other job openings that we believe may be of interest to you.

Our Disclosures of Information

We may disclose any of the categories of personal information listed above for our business and commercial purposes as described below.

Service Providers and Vendors. Rogers uses service providers and vendors to provide services on Rogers’ behalf and Rogers may disclose your personal information to them. Rogers informs these vendors and services providers that they may not share or use your information for any other purposes.

Legal and Similar Purposes. We may disclose your personal information for legal reasons. Specifically, we will share personal information with companies, organizations or individuals outside of Rogers if we have a good-faith belief that access, use, preservation, or disclosure of the information is reasonably necessary to:

• meet any applicable law, regulation, legal process or enforceable governmental request;
• enforce Website’s service terms, including investigation of potential violations;
• detect, prevent, or otherwise address fraud, security or technical issues; or
• protect against harm to the rights, property or safety of Rogers, you, or the public as required or permitted by law.

We will attempt to notify you about legal demands for your personal information when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.

Merger, sale, or other asset transfers. We may disclose your personal information in the event of a business transfer. If we establish a new related entity, are acquired by or merged with another organization, or if substantially all of our assets are transferred to another organization, personal information about our users is often a transferred business asset. In the event that Rogers itself or substantially all of our assets are acquired, personal information about our users may be one of the transferred assets.

Links to Unaffiliates Third-Party Websites

The Website may contain links to webpages operated by parties other than Rogers. We do not control such websites and are not responsible for their contents or the privacy policies or other practices of such websites. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. This Policy only applies to our Website.

No Use by Children

The Website is intended for use by individuals 18 years of age and older.  We do not intend to collect information on anyone under 13 years old. If a child has provided us with personal information, a parent or guardian of that child may contact us to have the information deleted from our records. If you believe that we might have any information from a child under age 13 in the applicable jurisdiction, please contact us compliance@rogersbh.org.

How We Protect Information

The security of the information that is transmitted to us through the Website is important to us, and we implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure.  However, it is not possible to guarantee that information sent through the internet will be completely secure, and we are not responsible for the actions, content, information or data of third parties that may affect you or your information. No method of electronic transmission or storage is 100% secure.

Privacy Rights

Certain jurisdictions have specific legal requirements and grant privacy rights with respect to personal information, and we will comply with the restrictions and any requests you submit as required by applicable law. If you are seeking to exercise your rights under the law of a specific jurisdiction, please contact us using the Contact Us section below.

Pursuant to California Civil Code Section 1798.83, California residents have the right to request from a business any personal information that a business may have shared with a third party for direct marketing purposes.  We do not share personal information with any third party for direct marketing purposes.

Changes to this Policy

Rogers reserves the right to change this Policy from time to time, without advance notice.  We will post any privacy policy changes on this page and, if the changes are material, we will provide a more prominent notice for a reasonable time period (including, for certain services or programs, email notification or privacy policy changes). We encourage you to review this Policy periodically.

Contact Us

If you have any questions about our Policy, please do not hesitate to contact us by emailing compliance@rogersbh.org.

Terms of Use

ACCESSING THIS WEBSITE MEANS YOU AGREE TO THESE TERMS OF USE

These Terms of Use are a legal agreement between You (as defined below) and Rogers Memorial Hospital, Inc., d/b/a Rogers Behavioral Health (“Rogers”) and govern Your use and access to the Website (as defined below).

The website (https://rogersbh.org/) and services provided through the website or other electronic means (collectively, the “Website”) are operated by Rogers (“We, “Us” or “Our”). You (“You” or “Your”) have a limited right to access and use the Website for Your noncommercial, personal use and information only, if You agree to and comply with these Terms of Use. By using the Website, You agree to the Terms of Use. If You are not willing or able to be bound by these terms and conditions, You may not access or use the Website.

Note: These Terms of Use specifically relate to our Website. Note that personal information that is collected on the Website and through our services is collected and handled in accordance with our Privacy Policy.

In addition, You may be required to acknowledge Your consent to these Terms of Use to navigate to certain pages of Our Website or to complete some transactions.

You must be 18 years of age or older to access or use the Website.

PLEASE READ SECTIONS VII-XI BELOW REGARDING YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING ROGERS, THESE TERMS OF USE, OR OUR PRIVACY POLICY, INCLUDING A WAIVER TO BRING ANY CLAIM UNDER A CLASS ACTION OR TO HAVE A TRIAL BY JURY. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE WEBSITE OR USE OUR PRODUCTS OR SERVICES.

THIS WEBSITE IS NOT INTENDED TO PROVIDE MEDICAL ADVICE. ANY MEDICAL OR HEALTH INFORMATION ON THE WEBSITE IS INTENDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NEVER BE USED AS A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. YOU SHOULD ALWAYS TALK TO YOUR HEALTH CARE PROVIDER REGARDING YOUR SPECIFIC MEDICAL NEEDS AND FOR ANY DIAGNOSIS OR TREATMENT.

All use of this Website must comply with all applicable laws.  Further, this Website is intended for use in the United States only. Any use outside of the United States is at Your sole risk. You may not use this Website in violation of any export laws or data privacy or security laws.

1. MODIFICATION OF TERMS OF USE; CONTROL OF THE WEBSITE; TERMINATION

From time to time, Rogers may change these Terms of Use at its sole discretion and without prior notice. It is Your responsibility to regularly review these Terms of Use. If You do not agree with the revised Terms of Use, do not continue to use the Website. Accessing or Using the Website means that You have accepted any changes to these Terms of Use.

We reserve the right at any time to modify or discontinue the Website (or any part or content thereof) without notice at any time. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Use for all purposes. These Terms of Use are effective unless and until terminated by either You or Us. If in Our sole judgment You fail, or We suspect that You have failed to comply with any of these Terms of Use, We also may terminate these Terms of Use at any time without notice and You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny You access to the Website (or any part thereof).

1. USE OF WEBSITE, WEBSITE CONTENT, AND ROGERS PROPRIETARY RIGHTS

You understand and agree that the Website is provided “as-is” and that Rogers assumes no responsibility for the availability or functionality of the Website, or for the deletion, mis-delivery or failure to store any user communications or personalization settings.

The Website includes a broad array of content and functionality. All user interfaces, software, and other information and content, or portion or combination thereof, provided and made available by or for Rogers in connection with the Website (“Website Content”) are to be used for only individual, non-commercial purposes. You agree not to use the Website for commercial purposes. We retain all of Our right, title and interest in and to Website Content. This includes, but is not limited to all copyrights, trademarks, patents, derivative works, moral rights, trade secrets, and proprietary information in all content that appears on the Website (other than the content of our third-party business partners who have permission to appear on the Website), and in all software that We develop in connection with the Website. Nothing on the Website shall be construed as granting any license or right to use any image, trademark, service mark or logo.

Downloading, copying or printing individual pages and/or parts of the Website is allowed for personal, non-commercial use only, and will not transfer title to any software or material on the Website to You. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website without express written permission by Us.

Rogers grants You a limited, revocable, non-exclusive, non-transferable, and non-sub-licensable right to access and make personal use of the Website. Explicit attribution to Rogers must be made in the event that Website Content, or any part thereof, is reproduced in any form, written or electronic. Furthermore, any reproduction, re-publication or distribution of this material requires the express consent of Rogers.

III. ACCEPTABLE USE

By Using the Website, posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to You on or through the Website, You view all materials at Your own risk. You also acknowledge and agree to not directly or indirectly:

• publish content or otherwise post information that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts or language or otherwise harasses an individual or group of individuals on the basis of race, color, religion, age, gender identity, sex, sexual orientation, disability or national origin;
• post medical advice;
• impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity in connection with Your use of the Website;
• use or access the Website (i) from a jurisdiction where such use or access is not authorized, (ii) for any illegal purpose, or (iii) in violation of any local, state, national, or international law;
• reverse engineer, disassemble, decompile, modify, or translate any software or other components of the Website;
• distribute viruses or other harmful computer code through the Website;
• use scrapers, robots, or other data gathering devices not provided by Rogers on or through the Website;
• attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through hacking, password mining or any other means;
• remove or modify any proprietary notice, copyright notice, or trademark legend, author attribution, or other notice placed on or contained within any of the Website or Website Content or attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the Website or Website Content;
• upload to the Website the personal information of others that You are not authorized to provide or using the Website to collect or track the personal information of others;
• provide any content, data or information to Rogers that contains viruses or malicious code or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or right of publicity, hateful, or racially, ethnically or otherwise objectionable;
• use the Website or Website Content in a way that suggests You are a representative of Rogers;
• use the Website or Website Content as a platform for external applications, or to develop applications, services, websites, or any other functionalities that leverage the Website or Website Content;
• infringe or misappropriate the intellectual property, proprietary or privacy rights of any third party;
• interfere with or disrupt the proper functioning of the Website or Website Content, Rogers’ or any third party’s systems used to host the Website, or other equipment or networks used to provide the Website or Website Content;
• communicate the Website Content to the public, provide or make available any links, hypertext (Universal Resource Locator (URL) address) or otherwise grant access (other than a “bookmark” from a web browser) to the Website, or any part thereof;
• circumvent the security of the Website or any host, network, or account related thereto;
• use any application programming interface to access the Website or Website Content;
• fail to use commercially reasonable efforts to prevent the unauthorized license, access, sale, transfer, lease, transmission, distribution, or other disclosure of the Website or Website Content;
• cause damage to Rogers’ business, reputation, employees, members, facilities, or to any other person or legal entity;
• otherwise use the Website or Website Content in any manner that exceeds the scope of use granted above; or
• attempt to do any of the acts described in this section, or assist or permit any person in engaging in any of the acts described in this section.

At any time, Rogers may disclose information to satisfy applicable laws or regulations.

Rogers reserves the right to remove any content You post and monitor or terminate Your use of the Website with or without notice at any time and for any reason.

Any use which violates these Terms of Use, gives Rogers the right (without notice or liability) to revoke the aforementioned license or to refuse, restrict, terminate or discontinue Your access to the Website or Website Content (or any portions, components, or features thereof). We shall not be liable to You or to any third-party for any modification, suspension or discontinuance of the Website. Content (or any portions, components, or features thereof). We shall not be liable to You or to any third-party for any modification, suspension or discontinuance of the Website.

1. THIRD-PARTY WEBSITES AND THIRD-PARTY PAGES HAVE DIFFERENT TERMS OF USE AND POLICIES

The Website may produce automated search results or otherwise link You to other websites on the Internet (“Linked Sites”). These other Linked Sites are not under the control of Rogers, and You acknowledge that Rogers is not responsible for the accuracy, content, privacy policies, products, services, legality, reliability, viewpoint, currency, copyright compliance, decency or any other aspect of the content of such Linked Sites. The inclusion of such a link does not imply endorsement of the Linked Site by Rogers or any association with its operators. Except for information, products, services or merchandise clearly identified as being supplied by Rogers, Rogers does not operate, control, supply, endorse, warrant or guarantee any information, products, services or merchandise available on this Linked Site or through the Internet generally in any way. Rogers expressly disclaims any liability for direct, consequential, or incidental damages arising from the products, services, advertisements, actions or website content of these and any other third parties, and You waive any claims against Rogers for damages arising from such transactions or Your reliance upon statements contained therein.

It is important to understand that when You access or use these other websites, the terms governing Your use of other websites may be different from these Terms of Use and the Privacy Policy.

If You visit another website, Your use of such websites and Your associated rights and obligations are governed by the separate terms of use and privacy policies, if any, of those websites. Complaints, claims, concerns, or questions regarding third-party websites, services, and products should be directed to the third party.

1. ADVERTISING MATERIAL ON THE WEBSITE

Rogers is a healthcare provider and as such strives to meet the needs of the community through coordination with other health care providers serving in the community. Information regarding Our medical staff and other care providers may be available via the Website and may contain advertising and marketing materials.

1. MEDICAL MATERIALS DISCLAIMER – THE MATERIALS ON THE WEBSITE ARE NOT A SUBSTITUTE FOR MEDICAL ADVICE FROM YOUR HEALTH CARE PROVIDER

UNLESS EXPRESSLY STATED OTHERWISE, NOTHING CONTAINED IN OR PROVIDED THROUGH THE WEBSITE, INCLUDING ALL MATERIALS, IS OR IS INTENDED TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, OR TO BE RELIED ON AS AN ENDORSEMENT BY ROGERS OF THE MATERIALS. THE WEBSITE  SHOULD NOT BE USED IN PLACE OF A VISIT, CALL, CONSULTATION OR THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU READ, VIEWED, OR HEARD VIA THE WEBSITE. IF YOU ARE HAVING A MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL EMERGENCY PERSONNEL (911) TO GET PROMPT MEDICAL ATTENTION.

VII. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION ON THE WEBSITE

Although Rogers attempts to provide accurate product descriptions and other information, We are not responsible if information made available on the Website is not accurate, complete or current. The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Website is at Your own risk.

The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for Your reference only. We reserve the right to modify the contents of the Website at any time, but We have no obligation to update any information on the Website. You agree that it is Your responsibility to monitor changes to the Website.

VIII. DISCLAIMER OF WARRANTIES

THE WEBSITE, WEBSITE CONTENT, AND ALL MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND AND YOU ACKNOWLEDGE THAT YOU ARE USING THIS WEBSITE AT YOUR OWN RISK. WE DO NOT MAKE ANY REPRESENTATIONS ABOUT THE INTEGRITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, COMPLETENESS AND/OR ACCURACY OF THE WEBSITE, WEBSITE CONTENT, AND THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE, THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR BUGS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, WEBSITE CONTENT, AND ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

1. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, under no circumstances shall ROGERS, its DIRECTORS, OFFICERS, EMPLOYEES, agents, subsidiaries, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS or its licensors be liable for any INJURY, LOSS, CLAIM, OR ANY direct, indirect, punitive, exemplary, incidental, special, or consequential damages, fees, fines, penalties, loss of revenue or business or liabilities that result from the use of, or inability to use, the Website, or which arise from sites accessed through the Website, and/or WEBSITE content or information OR SERVICES provided on or through the Website INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY WEBSITE CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE OR ANY CONTENT (OR SERVICE) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF ROGERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU UNDERSTAND THAT ROGERS WOULD NOT BE ABLE TO OFFER THE WEBSITE IF THESE TERMS OF USE DID NOT INCLUDE THESE LIMITATION OF LIABILITY PROVISIONS, AND YOU AGREE THAT THEY ARE REASONABLE.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

IN NO EVENT SHALL ROGERS BE LIABLE, UNDER ANY LEGAL THEORY (CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY, OR OTHERWISE) UNDER THESE TERMS OF USE OR OTHERWISE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED DOLLARS ($100). SUCH LIMITATION SHALL EXTEND TO ALL LIABILITY OR POTENTIAL LIABILITY, INCLUDING FOR PERSONAL INJURY OR WRONGFUL DEATH.

By using or accessing the Website, You acknowledge and agree that Your sole and exclusive remedy for dissatisfaction with the Website is to stop using the Website.

1. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Us, Our affiliates, licensors, subsidiaries, partners, officers, directors, agents, contractors, subcontractors, suppliers, employees, and service providers, and Our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) Your violation of these Terms of Use, the documents they incorporate by reference, or any applicable law, (b) all claims pertaining to the Website or Your use of the Website, including, but not limited to, Your Submissions (as defined below), any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use and/or Your use of any information obtained from the Website or that arise from or allege negligence, fraud, or intentional misconduct committed by You, (c) Your violation of the rights of a third party, (d) Your access to or use of the Website, and (e) any dispute or issue between You and any third party concerning the Website.

1. GOVERNING LAW; JURISDICTION; CLASS ACTION AND JURY TRIAL WAIVER

EXCLUDING DISPUTES ADDRESSED THROUGH ARBITRATION AS PROVIDED BELOW, YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT STATE AND FEDERAL COURTS LOCATED IN WAUKESHA COUNTY, WISCONSIN IN RELATION TO ANY CLAIM, DISPUTE, OR DIFFERENCE ARISING FROM THESE TERMS OF USE, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON-CONVENIENS OR OTHER REASON. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Transaction Act (UCITA) are expressly excluded from these Terms of Use.

We are reachable via the contact information at the end of these Terms of Use to address any concerns You may have regarding Your use of Our Website, Website Content, or our services. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to You initiating a lawsuit or arbitration against Us. Any matter or dispute relating in any way to Your use of the Website, Website Content, our services, or these Terms of Use, which is not so resolved shall be submitted to binding confidential arbitration as provided below.

Excluding claims by Us for injunctive or other non-monetary relief, any claims related to Website, Website Content, or Our services and any dispute or controversy arising out of or relating to these Terms of Use, including without limitation, any and all disputes, claims (whether in tort, contract, statutory, or otherwise) or disagreements concerning the existence, breach, interpretation, application, or termination of these Terms of Use, shall be resolved by final and binding arbitration in accordance with the American Arbitration Association (“AAA”) Rules & Procedures then in effect. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, except to the extent that disclosure may be legally required of a party, necessary to protect or pursue a legal right, or to enforce or challenge an award in legal proceedings before a court or other judicial authority.

The arbitration shall take place in Wisconsin or at the option of the party seeking relief, online, by telephone, via written submissions alone or in Your state of residence if requested, and be administered by AAA; provided however, that in the event that five (5) or more individuals seek to initiate (or do initiate) arbitration proceedings against Us in a coordinated or related manner (e.g., coordination among plaintiffs or their counsel in regard to similar claims), then instead of such arbitrations being administered by AAA, We may elect to consolidate such arbitrations before an arbitrator mutually agreed-upon by the parties (and terminate any pending administration by AAA), (i) with such arbitrator being a retired federal or state judge and experienced with the subject matter of the arbitration, and (ii) except with respect to administration of the arbitration proceedings, the arbitrator shall follow AAA  Rules and Procedures.

YOU WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY JUDICIAL PROCEEDING. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT FOR CONSOLIDATED ARBITRATION AS PROVIDED ABOVE, YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both You and We agree (and for consolidated arbitration as provided above), no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

XII. YOUR PERSONAL MEDICAL INFORMATION

By posting information to the Website, You are sharing Your personal information. For more information about our privacy practices relating to protected health information, please see the Rogers Memorial Notice of Privacy Practices.

XIII. COMMENTS, FEEDBACK, AND SUBMISSIONS

We do not claim ownership of any materials and other information, such as feedback, suggestions and ideas for new or improved products or services, that You provide to Us or post or upload to the Website (“Submissions”). By providing a Submission, You grant Rogers a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services). You waive all rights to such Submissions and warrant that You have the right to any Submissions. You agree that You will not receive any compensation or payment and shall have no recourse against Rogers for any alleged or actual infringement or misappropriation of any proprietary right in Your communication to Rogers. We are not required to post or use any Submission, and We may remove any Submission at any time in Our sole discretion. By providing or submitting a Submission You warrant and represent that You own or otherwise control all of the rights to the Submission.

XIV. SEVERABILITY AND ENTIRE AGREEMENT

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

The failure by Us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by Us on the Website or in respect to the Website constitutes the entire agreement and understanding between You and Us and governs Your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of these Terms of Use).

1. PROCEDURE FOR UNLAWFUL MATERIAL

If You have any copyright concerns about materials posted on the Website, You agree to let Rogers know. Pursuant to Title 17, United States Code, Section 512(C)(2), as amended (the Digital Millennium Copyright Act (the “DMCA,”), notifications of claimed copyright infringement should be sent to Rogers’ Designated Agent at the following address: Harbor Compliance, Registered Agents Inc., 2800 E. Enterprise Avenue, Suite 333, Appleton, WI 54913.

Please note that, under applicable law, if You knowingly give false, misleading or inaccurate information that material is infringing, You may be subject to civil or criminal penalty. Any notice under the DMCA alleging that materials hosted by or distributed through the Website infringe intellectual property rights must include all of the information required by the DMCA for such notices.

Contact Us

Please contact Us at compliance@rogersbh.org if You have questions or concerns regarding these Terms of Use.