TSRHC

Legal Disclaimer

Legal Disclaimer

Contact Information for Texas Scottish Rite Hospital for Children ("TSRHC")

TSRHC's mailing address is:

2222 Welborn Street
Dallas, TX 75219

TSRHC can also be reached via e-mail,
tsrh@tsrh.org, or telephone, (214) 559-5000 or (800) 421-1121.

Visitors to the Texas Scottish Rite Hospital for Children Web Site

TSRHC gladly provides access to its Web site free of charge, though subject to the following terms and conditions and all applicable laws. As a condition to your accessing and browsing this Web site, you signify your informed acceptance of TSRHC's Legal Disclaimer (as it may be amended from time to time) and your agreement to follow the terms and conditions that are stated in this Legal Disclaimer. This Legal Disclaimer is a legally binding contract regarding your use of the products and services offered on TSRHC's Web site. Please check back periodically for our Legal Disclaimer updates.

Use of Materials on Texas Scottish Rite Hospital for Children Web Site

Materials found on the TSRHC Web site may be downloaded, used and copied for your personal, noncommercial use only, as long as all copies include any copyright, trademark or other proprietary notice found on the page of the Web site containing the materials of this Legal Disclaimer.

However, TSRHC is not granting you a license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology described in the materials. TSRHC, its affiliates and subsidiaries and/or any third party owner of such rights retain all rights.


Use of Names and Logos of Texas Scottish Rite Hospital for Children

All of the TSRHC names and logos and all related product information, service names, design marks and slogans are solely the trademarks or service marks of TSRHC, and/or its subsidiaries or affiliates. The use of any TSRHC name or mark in any advertising, publicity or in any other commercial manner, by you, or anyone authorized by you, is prohibited without the express written consent of TSRHC. Please submit requests for such use to TSRHC, attn: General Counsel.

How to Use Information on the Web Site

TSRHC gladly provides information in this Web site to educate the community about certain medical conditions and possible treatments. The information provided is not intended to act as a substitute for an examination, diagnosis and/or medical care provided by a certified and skilled healthcare professional. Use of this Web site does not establish a doctor-patient relationship. Although TSRHC endeavors to keep this Web site current, healthcare information changes rapidly and thus the Web site should not be relied upon as fully comprehensive or error free. TSRHC does not advocate attempting to treat yourself, your child or someone you know without proper medical supervision. TSRHC does advise you to seek the guidance of your healthcare provider if you feel that you, your child or someone you know suffers from the conditions described within this Web site.

Warranties and Liability

TSRHC PROVIDES THE PRODUCT, SERVICES AND MATERIALS FOUND ON THE WEB SITE "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT.

IN NO EVENT SHALL TSRHC BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE OR DATA WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH ANY TSRHC WEB SITE OR THE USE, RELIANCE UPON OR PERFORMANCE OF ANY PRODUCTS, SERVICES OR MATERIAL CONTAINED IN OR ACCESSED FROM ANY TSRHC WEB SITE, EVEN IF TSRHC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES SET FORTH IN THIS LEGAL DISCLAIMER FAIL THEIR ESSENTIAL PURPOSE. 

Viruses

There is always a possibility of computer viruses. Although TSRHC is making every commercially reasonable effort to prevent the transmission of any viruses to or from the TSRHC Web site, placing your system online can expose you to outside attack. You release TSRHC from all responsibility or liability for viruses. TSRHC assumes no responsibility and cannot be held liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of or browsing of the Web site, or your downloading of materials, data, texts, images, video or audio from the site.

External Link Disclaimer

For your convenience, the TSRHC Web site provides links to Web sites operated by third parties. When you click on an external link, you will leave the TSRHC Web site and enter a non-TSRHC site. TSRHC does not operate, control or endorse any information, products or services provided by third party operators via the Internet. TSRHC is not responsible for the content and performance of third party sites. Please know that if you choose to utilize the external linked sites, your use is at your own risk including any risks associated with harmful viruses.

Linking the TSRHC Web site to any other Web site through hypertext, text, banner, logo or contextual link that permits a user to go from one party’s Web site to another by clicking on the image or deep linking is not permitted without TSRHC prior written consent.


Endorsements

The trademarks and service marks referenced in this Web site are the trademarks and service marks of their respective owners unless they are expressly marked as being owned by TSRHC. Any references that TSRHC may make on the Web site to any names, marks, products or services of third parties, or to hypertext links to third party sites, or to third party information, are not meant to constitute or imply TSRHC's endorsement, sponsorship or recommendation of the third party, information, product or services.

Privacy of Information Gathered on the TSRHC Web Site

The information that TSRHC receives about you from your visit to our Web site depends upon your actions when visiting the site. For example, our TSRHC Web server automatically recognizes the consumer's domain name and email address for each visitor on the Web site.

While you are visiting the TSRHC Web site, TSRHC may collect two types of information about users: "Personal Information" (such as name, email address, mailing address, phone, credit card or debit card, personal preferences and other account-related information) and "Aggregate Information" (such as information about how many users log on to the Web Site on a daily basis). Personal Information is collected online when you voluntarily submit non-public personal information on the Web Sites by requesting information, purchasing our products or services, receiving electronic notices or other similar communications and other similar activities. Aggregate Information is non-personally identifiable/anonymous information about you, such as pages most frequently accessed by you, time spent on a page or area of the Web Site, the number of visits to the Web site by you, types of browser used by you, cookie preferences or search terms entered by you. Aggregate Information is used in a collective manner, and no single person can be identified by that compiled information (for example, the number of people who logged into the Web Sites in a particular day). Aggregate Information does not personally identify a specific user. 

TSRHC will retain your Personal Information for fulfillment of the intended purposes for which such Personal Information is collected. TSRHC will establish minimum and maximum retention periods based upon the type of information collected (i.e. sensitivity), the intended purposes and as otherwise may be legally required. As a general policy, TSRHC does not share, sell or trade Personal Information with non-affiliated third parties without permission from the user; however, TSRHC will provide your Personal Information to third parties directly involved in the  marketing, sale, operation, performance, support and/or maintenance of the Web Site or each product or service offered on the Web Site, including our web site designers, hosts, service providers, technical consultants and business partners. Any Personal Information, however, will be used by such organizations only to perform their functions, to provide products and services related to or offered on the Web Site and/or as otherwise approved by you and for no other purpose. TSRHC also may divulge Personal Information if such information is required for us to comply with any valid legal process (such as a subpoena, search warrant, statute or court order) or if TSRHC reasonably believes that you have or will commit unlawful acts or acts that may endanger the health or safety of another user or of the general public.

TSRHC maintains commercially reasonable safeguards to ensure the security, integrity and privacy of the Personal Information provided by you. Such security safeguards are intended to be appropriate to the sensitivity of the Personal Information collected. To the extent TSRHC transfers any Personal Information to third-parties, TSRHC will use commercially reasonable efforts to assure that such third-parties to whom it may transfer any Personal Information have knowledge of our Notice of Privacy Policy and provide sufficient protection of such Personal Information. In particular, TSRHC requires that a secure session be established using Secure Socket Layer (SSL) and Secure Electronic Transaction (SET) protocol when you submit Personal Information to Us through Your use of the Sites to establish an account, use the shopping cart, input credit card or debit card information for payment, and access certain product pages. 

"Cookies" are used to enable TSRHC to collect Aggregate Information. Cookies are small text files that your Web browser places on your hard drive when you visit a web site. For example, cookies may contain information to remind the Web site of you the next time you visit. If you do not wish to accept cookies on your hard drive or would like to be notified when this takes place, your browser should allow you to configure it to not perform these functions. Cookies do not collect Personal Information, only Aggregate Information, and TSRHC does not combine Aggregate Information collected through cookies with other Personal Information to determine who you are or what your e-mail address is. The Web Site can access the Aggregate Information only from a cookie sent by the Web Sites or obtained by the TSRHC Server. TSRHC cannot access other cookies sent by other web sites or the information contained therein. TSRHC use cookies to track usage of the Web Site and further customize your experience when you are visiting the Web Site. By tracking usage, TSRHC can best determine what features of the Web Site best serve the users. Without cookies, the Web Site would "forget" items that may be stored, such as purchases or searches, when you go to a different page. The session information used by the Web Site is deleted when your browser is closed. Please note that TSRHC gathers Aggregate Information to benefit its Web site visitors and improve the content or layout of each page for each visitor through the use of this information.

Lack of Confidentiality if Information Provided Through the Internet to TSRHC

You may make the choice to disclose personally identifiable information to TSRHC when sending TSRHC an electronic mail message or completing an order or form online. Please note that any communication or material that you transmit to the TSRHC Web site by electronic mail or otherwise will be treated as non-confidential and non-proprietary. Further, it may be necessary for TSRHC to use the personally identifiable information that you gave to respond to your inquiries, donations or purchases or for other internal business purposes. This information will not be sold or rented to third parties, but it is important that you are aware that other Internet users might be able to access such information and use it via the Internet. TSRHC does not give consent to any of these uses. Please note that TSRHC will not obtain personally identifiable information about you when you visit our site, unless you choose to provide such information through an email message, donation form or purchase order form.

When sending TSRHC email messages, please do not send TSRHC any confidential or proprietary information. Please note that your email, like most non-encrypted Internet communications, can be accessed and viewed by other Internet users, without your knowledge or permission in transit to us. Any feedback, data, answers, questions, comments, suggestions, ideas, or similar information that you send to TSRHC via the Internet will be treated as non-confidential and non-proprietary. Further, by your choosing to provide confidential information to the TSRHC Web site thought the Internet, you agree that any such information may be reproduced, used, and distributed by TSRHC for any purpose without restriction or payment.

Product and Information Availability

The TSRHC Web site is managed in the State of Texas, United States of America. TSRHC does not make any representation that it is doing business in all geographic areas or that its products or services will be available in any particular country or jurisdiction. You are responsible for compliance with all applicable local laws and regulations if you access the TSRHC Web site from other locations.

Privacy of Patient Information

The Health Insurance Portability and Accountability Act, ("HIPAA"), regulates and limits the use and disclosure of your private health information by TSRHC. Note that the HIPAA regulations apply to information gathered in the treatment of TSRHC patients and not to information gathered by or through the TSRHC Web site. For details on how TSRHC protects the privacy of its patients, please see our Notice of Privacy Practices.

Accounts for Product Purchases and Donations


In order to purchase products from TSRHC's Web site store or make donations online, you must submit the necessary contact and payment information, including without limitation your name, address, credit card and e-mail. You are responsible for the accuracy of the information in your account(s) supplied by you to TSRHC. By providing such information to TSRHC by any means (e.g. e-mail, fax, telephone, mail, etc.), you represent that any information or materials provided by you shall be accurate, complete and correct and that you shall have lawful right to provide such information to TSRHC for use in processing your orders from TSRHC's Web site.

Certain portions of the Web site may be protected by passwords or require a login. If you have been given a password or other PIN for access to nonpublic areas of the Web site, you are solely responsible for all activities occurring in connection with or originating from such password or PIN. You are responsible for the security of your passwords and all use of any account set up by you on TSRHC's Web site, and TSRHC will not provide passwords to your account to anyone but you.

In order to purchase the products and services using the payment method displayed on the Web site (e.g. VISA, Mastercard, PayPal, etc.), you must be 18 years of age or over. By using the TSRHC Web site payment method, you confirm that you possess the legal authority to enter into the conditions of use for the Web site, including instructing TSRHC to collect any payments from a credit or debit card and to use the Web site in accordance with all terms and conditions.

Billing to your credit card or to your account occurs at the time of purchase or shortly thereafter. ALL SALES ARE FINAL. TSRHC will charge tax in states where such purchases are taxable and your invoice will include both the purchase price and sales tax based on the bill-to address for you for your credit card at the sales tax rates then in effect at the time of purchase. You agree that you are responsible for all charges incurred by your use of the Web site, and you expressly authorize TSRHC to charge the credit card provided by you or listed on your account for any outstanding fees or costs due to TSRHC.

You may terminate any use of any account(s) in your name at any time by notifying TSRHC in writing of your intent to terminate subject to full payment of any costs charged to your account(s). You agree that TSRHC, in its sole discretion, may terminate your account(s) (or any part thereof) or access to and use of the TSRHC Web site, and remove and discard any information stored on the TSRHC Web site, for any reason, including, without limitation, for lack of use or if TSRHC believes that you have violated or acted inconsistently with the intent of this Agreement or otherwise are in breach of its agreement with TSRHC (including without limitation nonpayment). You agree that any termination of your accounts and your access to the TSRHC Web site (or any products and services) under any provision of this Legal Disclaimer may be affected without prior notice, and acknowledge and agree that TSRHC may immediately deactivate or delete your account(s) and/or bar any further access to such accounts or the TSRHC Web site. Further, you agree that TSRHC shall not be liable to you or any third party for any termination of your access to your account(s) or the TSRHC Web site.

Improper Use of TSRHC's Web Site

You shall not access or use any files or portion of TSRHC's Web site for which you have not been authorized. You shall not upload onto TSRHC's Web site, or otherwise use this Web site for, any destructive or unlawful purposes including, but not limited to, the dissemination of computer viruses, libelous or inflammatory materials, pornographic or obscene information, or any works infringing upon the patents, copyrights, trademarks, trade secrets or other proprietary rights of third parties. You shall not upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized information or materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or other false or misleading information. You shall not impersonate any person or entity, including, but not limited to, TSRHC employee or government official, or falsely state or otherwise misrepresent your affiliation with a person or entity. TSRHC reserves the right to object to any use of, and immediately terminate access to, TSRHC's Web site including prohibited and unlawful conduct, even if that use is not expressly prohibited by this Agreement. IMPROPER USE OF THIS WEB SITE WILL RESULT IN LOSS OF ACCESS TO THIS WEB SITE AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.

Governing Law

You agree that this Legal Disclaimer is governed by the laws of the State of Texas and that proper and convenient venue lies exclusively with the courts of Dallas County, Texas. You agree that the statute of limitations for any claim against TSRHC shall be brought within one year from when the claim arose, and any claims not brought within such period of time shall be deemed waived.

Reservation 

TSRHC reserves the right to amend the terms and conditions of this Legal Disclaimer at any time without prior notice. Notice of modifications may be given by posting notice of such changes on the TSRHC Web site, by e-mail, by facsimile or by regular mail. You agree that your use of the TSRHC Web site constitutes acceptance of all of the terms and conditions as they may be amended in the future. TSRHC shall not be deemed to have waived any rights hereunder unless such waiver is in writing signed by a duly authorized officer of TSRHC. TSRHC further reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the TSRHC Web site (or any part thereof) with or without notice. You agree that TSRHC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the TSRHC Web site.

Coppa Clause

TSRHC does not knowingly solicit data from children or knowingly market to children. TSRHC is concerned about the safety of children and their use of the Internet. Therefore, in accordance with the U.S. Children's Online Privacy Protection Act of 1998, it does not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. In the event that TSRHC receives actual knowledge that it has collected such personal information without the requisite and verifiable parental consent, TSRHC will delete that information from its database as quickly as is reasonably practical.