Terms of Use
Last Updated: January 2, 2024
These Terms of Use are entered into by and between you and Saint Luke’s Health System, Inc. (“Saint Luke’s”, “we” or “us”). The Terms of Use govern your access to and use of the saintlukeskc.org website (the “Site”), our SMS text notifications, any applications or portals that link to these Terms of Use, and any content or services offered through the foregoing (collectively the “Services”).
ACCEPTANCE OF TERMS OF USE. It is your responsibility to carefully read these Terms of Use before using the Services. By using the Services, you accept and agree to be bound by these Terms of Use and the Privacy Policy found at www.saintlukeskc.org/privacy-policy (collectively, “Saint Luke's Policies”). If you do not agree to the Terms of Use, then you must not access or use the Services.
CHANGES TO TERMS OF USE. We may revise or modify Saint Luke's Policies from time to time in our sole discretion without notice. All changes are effective immediately when we post them. Thus, you should review the Saint Luke’s Policies periodically. Your continued use of the Services will be considered acceptance of the Saint Luke's Policies.
We reserve the right to update, change, or withdraw our Services in our sole discretion and without notice. Saint Luke’s will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Service, to you and/or other users.
MEDICAL DISCLAIMER. You acknowledge that the information provided through the Services is provided “as-is” for general information only. The information provided through our Services is not intended and shall not be construed as medical advice, diagnosis, or treatment and is not a substitute for consultations with qualified health professionals. The Services are not intended or designed to provide a response in a medical emergency. If this is a medical emergency, please immediately call emergency services (911) to get prompt medical attention. Do not rely on the Services or electronic communications for assistance in regard to your emergency medical needs.
USER REGISTRATION AND ACCOUNT SECURITY. You may be required to register in order to access certain features of the Services. You will choose a username and a password through the Service's registration process. You are responsible for keeping your username and password confidential. You are responsible for all activities (whether by you or by others) that occur under your password and account. By registering on the Services, you assert that your information is true, current, and complete to the best of your knowledge. You agree not to submit false information such as name, age/date of birth, address, and/or telephone number when registering with an applicable Service.
You agree to notify us immediately of any unauthorized uses of your account or any other breach of security. Saint Luke's cannot and will not be liable for any loss or damage arising from your failure to keep your account information protected. 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 or for any or no reason, including if, in our opinion, you have violated these Terms of Use.
By registering with the Services, you consent to receive periodic communication from Saint Luke's by email regarding the status of your account or other information associated with your account. For more information in how Saint Luke's may use the information you provide during registration, please see Saint Luke's Privacy Policy. You agree that all information you provide to register with the Services or otherwise, including but not limited to the use of any interactive features on the Services, is governed by the Saint Luke’s Policies.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting us to disclose the identity or other information of anyone posting materials on or through our Services. You waive and hold harmless Saint Luke’s, its affiliates and employees from any action taken by any of the forgoing parties during or as a result of such disclosures, and from any actions taken as a consequence of investigations by either Saint Luke’s, its affiliates, employees or law enforcement authorities.
INTELLECTUAL PROPERTY RIGHTS.
Saint Luke's Limited License to you. The Services and its 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 the property of Saint Luke's, its licensors or other providers of such material, and are protected by United States and/or international copyright, trademark, patent and other intellectual property or proprietary rights laws. Saint Luke's provides the Services solely for personal, non-commercial use. You must not use, reproduce, distribute, modify, publicly display, republish, create derivative works of, download, store or transmit the contents of the Services in any manner or for any purpose that would constitute infringement of Saint Luke's or our licensor's intellectual property rights. Permitted use of the material on this Site is as follows:
You may download and/or print one copy of individual pages of the Site or documents available for download for your personal, non-commercial use.
If we provide a desktop, mobile, or other application for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided that you agree to be bound by our end user license agreement for such application.
If we provide social media features with certain content, you may take actions that are enabled by such features.
You must not modify copies of any material provided through the Services or delete or alter any copyright, trademark, or other proprietary right notices from copies of materials provided through the Services.
You must not access or use for commercial purpose(s) any part of the Services.
Your License to Saint Luke’s. By posting or submitting any material (including, without limitation, text, photos, and videos) to us via the Services, you represent that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material. You grant us, or anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display the material in whole or in part.
FEDERAL AND STATE LAWS. When using the Services, you must obey all applicable federal, state, and local laws. The Services were created in and will be operated from the United States. Any use of the Services that violates any applicable laws will be grounds for discontinuing your rights to access the Services.
PROHIBITED ACTIVITIES. The following activities include, but are not limited to, activities that are prohibited from use of the Services:
A. transmit spam, bulk, or unsolicited communications;
B. forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted through the Services;
C. misrepresent your affiliation with a person or entity;
D. disrupt the normal flow of dialogue or otherwise disable, overburden, damage or impair the Services in a manner that negatively affects other users’ ability to use the Services;
E. introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technically harmful;
F. engage in activities that would violate any fiduciary or contractual relationship; any applicable local, state, national, or international law; or any regulations having the force of law, including but not limited to, stalking or making threats of harm; or
G. collect or store personal data about other users of the Services unless specifically authorized by such users.
USER SUSPENSION AND/OR TERMINATION. Saint Luke's may cancel or terminate your right to access or use all or any part of the Services at any time without notice. You agree that breach of any of the terms in this Agreement may result in the immediate termination of your account and/or give rise to civil action against you. The disclaimers herein and all restrictions regarding information downloaded or obtained by you from the Services shall survive any cancellation or termination of your right to use the Services.
THIRD PARTY LISTINGS. The listing of any third party professional or other goods or services provider on through the Services is provided solely as a convenience for you. Our listing of any third party does not create a partnership or affiliation with the third party. Our listing of any third parties does not constitute sponsorship or endorsement of these professionals or service providers. You shall make a competent consumer decision before employing the services of or interacting with any listed third party professional or service provider. You bear all risk associated with the employing of any third party and obtaining their goods or services. Saint Luke’s assumes no liability for any action or inaction regarding transmissions, communications, content, or services provided by any user or third party.
DISCLAIMER OF WARRANTY. The information and services offered on or through the Services and any referenced third party sites are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied. This includes any listing of any third party goods or services provider included in the Site. Any third party goods or services provider is supplied as a convenience to you and listing does not constitute sponsorship, affiliation, partnership, or endorsement. Saint Luke's disclaims all express and implied warranties to the fullest extent of the law, including but not limited to implied warranty of merchantability and fitness for a particular purpose.
Saint Luke's does not warrant or make any representations regarding the use or the results of the use of the Services, or material on the Services in terms of its correctness, accuracy, quality, timeliness, reliability, or otherwise. Saint Luke's disclaims all responsibility for any injury that may occur as a direct or indirect result of you posting any information on the Services intended to convey physical or medical information, questions, or concerns related to the care or diagnosis of a Saint Luke's patient. Such postings by you are prohibited.
LIMITATION OF LIABILITY. We will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer equipment, programs, data, or other proprietary material due to your use of the Services or items obtained through the Services, or to your downloading of any material posted on it, or on any website linked to it.
In no event will Saint Luke's be liable to any party for any direct, indirect, special, or other consequential damages for any use of the Services, or on any other hyperlinked website, including, without limitation, any lost profits, business interruption, loss of programs or other data on the user's information handling system or otherwise, even if Saint Luke's is expressly advised of the possibility of such damages.
USER INDEMNIFICATION. You agree to indemnify and hold harmless Saint Luke's and its affiliates, employees, agents, representatives, and third party service providers from any and all claims, demands, actions, liability, fines, penalties, and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Services. Such acts may include but are not limited to: submissions, unauthorized use of material obtained through the Services, or breach of these Terms of Use.
COPYRIGHT COMPLAINTS. Saint Luke's respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Saint Luke's copyright agent with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
Description of the copyrighted work that you claim has been infringed;
The location on the Services of the material that you claim is infringing a copyrighted work;
Your address, telephone number, and email address;
A statement that your claim of infringement is based on a good faith belief; and
A statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or are otherwise legally authorized to act on the copyright owner's behalf.
Saint Luke's copyright agent for notice of claims of copyright infringement on the Services can be reached via email at: webmaster@saint-lukes.org.
MISCELLANEOUS.
Severability. If any provision in the Terms of Use is found to be void, against public policy or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from the Terms of Use in its entirety, and the remainder of the Terms of Use shall survive.
Website Availability. Because public networks, such as the internet, occasionally experience disruptions, Saint Luke's cannot guarantee the Services will be available 100 percent of the time. Although Saint Luke's strives to provide the most reliable website possible, interruptions and delays in accessing the Services are unavoidable and Saint Luke's disclaims any liability for damages resulting from service disruption(s).
Headings. Section headings used in these Terms of Use are for convenience of reference only and shall not affect the interpretation of the Terms of Use.
Governing Law and Venue. The construction and interpretation of the Terms of Use and Privacy Policy and the relationship between the parties shall at all times and in all respects be governed by the laws of the State of Missouri, without giving effect to the conflict of laws provisions thereof. Venue shall be brought exclusively in the Sixteenth Circuit Court of Jackson County, Missouri or the United States District Court for the Western District of Missouri.
Inquiries or Concerns. Inquiries or concerns regarding these Terms of Use may be sent via email to webmaster@saint-lukes.org.
ADDITIONAL TERMS FOR iOS USERS.
The following terms apply if you are accessing or using our mobile application (“App”) on an Apple Inc. (“Apple”) branded mobile device.
(a) Acknowledgment. The Terms of Use are concluded between us only, and not with Apple, and, as between Apple and us, we are solely responsible for the App and the content thereof.
(b) Scope of License. The license granted to you for the App under the Terms of Use is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Apple Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via “Family Sharing” or volume purchasing.
(c) Maintenance. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
(d) Warranty. To the effect not effectively disclaimed under the Terms of Use, we are solely responsible for any warranties, whether express or implied by law. In the event of any failure of the App to conform to any applicable warranty not effectively disclaimed under the Terms of Use, you may notify Apple, and Apple may refund the purchase price (if any) for the App; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
(e) Liability. We, and not Apple, are responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(f) IP Claims. In the event of any third-party claim that the App or your possession and use of that App infringes any third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
(g) Third Party Beneficiaries. Apple and its subsidiaries are third party beneficiaries of these Terms of Use, and will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.
ADDITIONAL TERMS FOR SMS TEXT MESSAGING SERVICES.
When you signed the Consent and Agreement of Health Care Services, you agreed to receive SMS text communications from Saint Luke’s. For reference, this is your Consent to Contact:
“I consent to receive communications from SLHS, its contractors and collection representatives. I may be contacted in regards to my relationship with SLHS, including but not limited to updates related to my visits, mySaintLuke’s account, my one-time passcode, about an appointment, follow-up reminder, assignment of benefits and/or financial responsibility, billing notifications, prescription reminders, and care management. Contacts may be via live agent, voicemail, prerecorded or artificial voice messages, text message, automatic telephone dialing system, e-mail, communication apps or other communication technology, to any phone, e-mail address or other contact information or means I have provided. I understand depending on my phone plan I may be charged for calls or text messages. I understand my consent to receive such calls or texts is not a condition of receiving healthcare services.”
When you opt-in to receive text messages from Saint Luke’s Health System you are signing up to receive text messages related to:
- Short Code 24758:
- Updates or requests related to your visits
- Information related to your mySaintLuke's account
- One-time passcode
- Prescription reminders
- Overall messages related to your care management
- Short Code 27356
- Billing account notifications
You agree to the following additional terms for purposes of SMS text messaging:
(a) Message and data rates may apply.
(b) Text message frequency may vary.
(c) You are responsible for notifying us immediately if your phone number changes.
(d) Carriers are not liable for delayed or undelivered messages.
(e) Messages are unencrypted and may have inherent privacy risks.
(f) To opt out of receiving text messages from Saint Luke’s you may do one of the following:
- Reply to the text with STOP
- Update your notification settings in mySaintLukes
- Contact your provider's office
(g) If you have questions or need additional assistance please text “HELP” for help. For general questions about your appointment or care, contact your provider’s office.