These Terms of Use (“Terms”) govern your use and access to the Website maintained by Summit Healthcare (“Summit”). The Website consists of all web pages located on the following root domain(s): https://summithealthcare.net. The Website may link to websites hosted by third parties which are not located at the https://summithealthcare.net root domain (“Third Party Sites”). Summit has no control of Third Party Sites and your use of such sites is governed by the terms, if any, posted to such site or any other agreement which you may have with the owner of such site, including any “click-through” or “end-user license terms.”
1. Amendment
These Terms may be amended from time to time at the sole discretion of Summit. Your use of the Website evidences your acceptance of these Terms and your continued use of the Website evidences your continued acceptance of the then current Terms. In addition, individual webpages and groups of webpages (“Microsites”) within the Website may contain additional or more specific terms governing the use, access, and rights of the parties with respect to such the information and services made available on the Microsites.
2. Medical Information Disclaimer
IF THIS IS A MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL EMERGENCY PERSONNEL (911) TO GET PROMPT MEDICAL ATTENTION.
DO NOT RELY ON ELECTRONIC COMMUNICATIONS FOR ASSISTANCE IN REGARD TO YOUR IMMEDIATE, URGENT MEDICAL NEEDS. E-MAIL, CHAT, INSTANT MESSAGE AND TEXT MESSAGES ARE NOT MONITORED FOR PURPOSES OF RESPONDING TO EMERGENCIES.
The information contained in this Website is presented for the purpose of educating consumers on wellness and disease management topics. Nothing is intended to be instructional for medical diagnosis or treatment. Summit does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Website. The information should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. Always seek the advice of your physician, nurse or other qualified healthcare provider before you undergo any treatment, diet or fitness program or for answers to any questions you may have regarding a medical or health related condition.
Nothing contained on or provided through this Website is intended to be or is intended to be used for medical diagnosis or treatment. It should not be used in place of a visit, call, appointment or the advice of your physician or other qualified healthcare provider. Information obtained in this Website is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. You should never disregard medical advice or delay in seeking it because of something you have read on this Website. Neither Summit nor its information providers directly or indirectly practice medicine or dispense medical services as part of this information service.
Users are encouraged to develop a relationship with physicians and other medical practitioners and regularly consult with them to seek their advice. Users should review any information supplied to or on this Website with their own medical professional. By providing this Website, none of our professionals are entering into a physician-patient relationship with you.
Unless you are logged into the Patient Portal, please do not share personal medical information on this Website that you wish to keep confidential. By posting information you are sharing your personal information. Please carefully select what you choose to disclose.
The information contained in this Website is compiled from a variety of sources. This Website contains links to Third Party Sites. Third Party Sites are not under the control of Summit, and the existence of a link on this Website does not imply any endorsement of the linked Third Party Sites by Summit or any affiliation between Summit and the owners of the linked Third Party Sites. Summit makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked Third Party Sites. You agree that Summit has no responsibility to you with respect to such material. Visitors to Third Party Sites are encouraged to examine the privacy policies and/or terms of use policies of that website.
3. Privacy Policy
This section of the Website Terms of Use (“Privacy Policy”) relates solely to how Summit uses information received directly from you through the Website in the absence of more specific terms which may apply to a Microsite. For avoidance of doubt, this Privacy Policy does not govern the use of information provided by you to Summit through other means or through the Patient Portal. The Privacy Policy does not apply to information Summit obtains about you from other sources. Certain portions of the Website may require that you provide certain personal information: e-mail address, name, zip code, age, gender, etc., in order to provide you with more focused information on a health care topic. In other instances, Summit may give you the option to provide information or additional information. In addition to assisting in your use of the Website (see cookies below), Summit may use this information in aggregate form to produce anonymous, aggregated statistical information which we use to improve the Website and information made available through the Website.
Summit knows that you care how information about you is used and appreciates your trust that it will do so carefully and sensibly. To the extent that you are using the Website, a Microsite or a Third Party Site for purposes of scheduling treatment, communicating with a health care provider regarding treatment, or paying for or inquiring about payment for health care services provided by Summit, the information you provide to Summit may be governed by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and accessed only in compliance with the Summit Notice of Privacy Practices. In accordance with the requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the regulations implementing it, Summit maintains a Notice of Privacy Practices which can be viewed by clicking here https://summithealthcare.net/notice-of-privacy/. To the extent that Summit creates, receives, maintains or transmits electronic PHI on your behalf, Summit shall:
(a) Comply with 45 C.F.R. §§164.308, 310, 312, and 316 in the same manner as such sections apply to a covered entity, pursuant to Section 13401(a) of HITECH, and otherwise implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of electronic PHI;
(b) Ensure that any agent to whom Summit provides electronic PHI agrees to implement reasonable and appropriate safeguards to protect it; and
(c) Report to you any security incident of which Summit becomes aware.
4. Contents of Website
The entire content of the Website is copyrighted as a collective work under the United States and other copyright laws. Summit holds the copyright in the collective work. The collective work includes works which are the property of Summit’s licensors, which are also protected by copyright and intellectual property laws. This Website contains a variety of types of information: (1) information about Summit (locations, hours of service, services offered, etc.); (2) educational information about health care related topics and treatment options that is developed by Summit and/or licensed from third parties; (3) information about the medical staff of Summit; (4) links to third party sites; and (5) access to the Patient Portal.
1). Information about Summit. Summit has taken reasonable efforts to ensure the accuracy of the information that it provides. However, Summit is a dynamic organization and no warranty is made regarding the accuracy of information that is provided via the Website.
2). Educational Information. The educational information made available via the Website is either licensed from third party providers or has been derived from third party sources. In certain limited instances, educational information has been developed by Summit. In any case, Summit makes no warranty regarding the accuracy of the educational information provided via the Website and all such information is provided “AS-IS”. Educational information is not a substitute for, and should not be construed as medical advice. The educational information is a summary of general findings in medicine and does not take into account all of the factors that may impact a particular medical issue or condition experienced by a particular patient. You should consult a health care provider if you have any specific questions or concerns regarding your health.
3). Medical Staff Information. Summit will use reasonable care to ensure that information contained on the Website about our medical staff is current and accurate. However, due to the dynamic nature of health care, Summit makes no guarantees regarding the accuracy of this information.
4). Links. The Website may contain links to other sites. These links are for the convenience of visitors to the Website only and Summit makes no representations whatsoever regarding such other sites. You should review the privacy policies of other sites carefully before providing any information to such sites. Summit is not responsible for the privacy policies or procedures or the content of any other site.
5). Patient Portholes. The Patient Portal may provide a secure method of communicating with Summit and health care professionals. The Patient Portal is provided by one or more third parties and the use of the Patient Portal is subject to the third party’s terms of use and privacy policy. Through the Patient Portal you may have access to lab results and test conducted at the direction of your provider. You should consult a physician before attempting to interpret the results of a laboratory test or image. Lab and test result accuracy may be impacted based on existing medications and medical conditions. Your physician can help you understand the results of lab test and can provide context for such results within the context of your overall care. Your provider may also validate the accuracy of lab and test results against other measures. Before taking any action with respect to a lab result or test result, you should talk with your physician. Summit is not responsible for harm caused to you based on action, delay in action, or inaction of you related to lab results and test results.
5. Passwords
Summit implements security procedures to protect personal information you submit from misuse or unauthorized disclosure. The personal information that you submit is stored in Summit’s secure databases behind an electronic firewall. You may be able access some personal information only by using a password. If you have personal information that is secured by a password then Summit encourages you to change your password regularly and not to share it with anyone.
6. Cookies
Summit is committed to providing you with full and transparent information about cookie use. Cookies are small text files which are stored on your computer (or smartphone or other device used to access the internet) whenever you visit a website. The Website uses cookies for different reasons to enhance your visit, including to navigate between pages, store your user ID and password securely, store preferences and personalize home pages, identify which parts of a site you have visited and to perform other administrative functions. A cookie cannot retrieve any other data from your computer or capture your E-mail address. Each cookie is unique to your web browser. Some of the functions that cookies perform can also be achieved using alternative technology. Summit uses the term ‘cookies’ in this policy to mean cookies and all similar mechanisms.
Summit cookies do not store sensitive information such as your name, address or payment details; they simply hold the ‘key’ or ‘id’ that, once you’ve signed in, is associated with this information. However, if you’d prefer to restrict, block or delete cookies, you can use your browser to do this. Each browser is different and your browser ‘Help’ function will show you how to do this.
Please note that if you choose to disable cookies, it will affect how the Website works. For example, while you will still be able to view the Website, you will not be able to log on to secure portions of the Website or make payments.
7. Children’s Notice
Summit is committed to protecting the privacy of children. The Website is intended for adults (people 18 years old and older) and for children (people under the age of 18) with the supervision of a parent or guardian. Summit does not knowingly allow children under the age of 13 to register on the Website for any purpose or to access any features that require registration. Summit requires visitors to indicate their year of birth to register. If Summit learns that it inadvertently collected identifying personal information from a child under the age of 13, Summit will promptly delete that information from the system.
8. International Use
Summit makes no representation that materials on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws.
9. Disclaimer of Warranties
SUMMIT AND THIRD PARTY LICENSORS MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO THIS WEBSITE OR THE ACCURACY OF THE INFORMATION PRESENTED ON THIS WEBSITE, INCLUDING INFORMATION MADE AVAILABLE VIA THE PATIENT PORTAL. ALL INFORMATION MADE AVAILABLE THROUGH THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS, UNLESS EXPRESSLY AGREED OTHERWISE IN A SIGNED WRITING. SUMMIT AND THIRD PARTY PROVIDERS, DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE WEBSITE (MUCH OF WHICH IS PROVIDED BY THIRD PARTY PROVIDERS). SUMMIT AND THIRD PARTY PROVIDERS DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SUMMIT AND THIRD PARTY PROVIDERS DO NOT WARRANT THAT THE WEBSITE, ITS SERVERS OR ANY E-MAIL SENT FROM SUMMIT AND THIRD PARTY PROVIDERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
10. Limitation of Liability
SUMMIT AND THIRD PARTY PROVIDERS ASSUME NO RESPONSIBILITY, AND SHALL NOT BE 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 IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE. IN NO EVENT SHALL SUMMIT AND THIRD PARTY PROVIDERS BE LIABLE FOR ANY CLAIMS WITH RESPECT TO THE SERVICES OR INFORMATION OFFERED OR PROVIDED THROUGH THIS WEBSITE. SUMMIT HEREBY DISCLAIM ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, IN CONNECTION WITH THE INFORMATION, GOODS OR SERVICES PROVIDED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE OR OTHERWISE, OF SUCH SERVICE PROVIDERS.
11. Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SUMMIT AND ANY THIRD PARTY PROVIDERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, FROM AND AGAINST ANY CLAIM, COST, DAMAGES, LIABILITIES, EXPENSES, CAUSES OF ACTION OR DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES, BROUGHT (I) BY OR ON YOUR BEHALF IN CONNECTION WITH OR RELATING IN ANY MANNER TO THE TRANSACTIONS CONTEMPLATED BY THE TERMS OF USE OR (II) BY ANY THIRD PARTIES AS A RESULT OF YOUR USE OR RECEIPT OF INFORMATION MADE AVAILABLE THROUGH THIS WEBSITE.
12. Notice Specific to Software Available on this Website
Any software that is made available to download from this server (“Software”) is the copyrighted work of Summit and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the terms of the License Agreement.
The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited.
The software is warranted, if at all, only according to the terms of the License Agreement. Summit hereby disclaims all warranties and conditions with regard to the software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
13. Notices Regarding Software, Documents, and Services Available on this Website
In no event shall Summit and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from this server.
14. Termination
Summit reserves the right, in its sole discretion, to terminate your access to all or part of this Website, with or without notice.
15. Rules of Use
By 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 this Website, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content – including text, communications, software, images, sounds, data, or other 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 (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates Summit’s rules or policies; victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or impersonates any person or entity, including any associate or representative of Summit.
You also agree that you will not harvest or collect information about the users or members of this Website or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic email or communications.
Summit generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Website. However, Summit and its agents have the right, at their sole discretion, to remove any content that, in Summit’s judgment, does not comply with the Rules of User Conduct or is otherwise harmful, objectionable, or inaccurate. Summit is not responsible for any failure or delay in removing such content.
16. Marketing opt out
The Website provides users the opportunity to opt-out of receiving communications from Summit and its partners. To opt-out, please notify the Foundation Department in writing. Send requests to Foundation Department at Summit Healthcare, 2200 E Show Low Lake Road, Show Low, AZ 85901.
Copyright and Trademark Notices.
All content of this Website is the property of Summit or its licensors. All rights reserved. Summit and the Summit logo are registered trademarks of Summit. Other product and company names mentioned herein may be the trademarks of third party licensors.
17. Digital Millennium Copyright Act Compliance
This Website is a conduit for content licensed and provided by third parties. If you have any copyright concerns about any materials posted on this Website by others, please let Summit know. Summit complies with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512). Please provide Summit with written notice (“Notice”) by contacting our Designated Agent at the following address:
Summit Healthcare
Attn: Legal Department
2200 E Show Low Lake Road
Show Low, AZ 85901
18. Choice of Law
This Agreement shall be interpreted in accordance with and governed by the internal laws of the State of Arizona excluding its conflict of laws rules.
19. Jurisdiction
Each party irrevocably agrees that any claim brought by it in any way arising out of the Website must be brought solely and exclusively in state or federal courts located in Tucson, Arizona, and each party irrevocably accepts and submits to the sole and exclusive jurisdiction of each of the aforesaid courts in person, generally and unconditionally, with respect to any action, suit, or proceeding brought by it or against it by the other party.
20. Notice
Summit may deliver notice to you under these Terms by means of electronic mail, a general notice on the Website, or by written communication delivered by first class U.S. mail to your address on record with Summit account information.
Any notice provided to Summit with respect to these Terms should be provided to
Summit Healthcare
Attn: Legal Department
2200 E Show Low Lake Road
Show Low, AZ 85901
