Patient and Family Internet Service Terms and Conditions of Use

LEGAL NOTICES. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.

Spectrum Health makes available a guest local area network (the "Service"). Any use of the Service is subject to the terms and conditions of use set forth in this document, and may be amended from time to time by Spectrum Health (the "Terms"). By using the Service, you agree to be bound by the Terms. Spectrum Health may amend the Terms at any time at its sole discretion and your use of the Service after such amendments shall constitute your agreement to abide by the Terms as amended. If you do not agree with the Terms, you may not use the Service.

You agree not to use or attempt to use the Service for any improper purpose. Improper purposes include, but are not limited to, fraudulent, unlawful, harassing or abusive purposes, or any use that may damage or injure any person or Spectrum Health's business, reputation, employees, or facilities. Spectrum Health shall determine what use of the Service is improper, in its sole discretion. If Spectrum Health knows or suspects that you are using the Service for an improper purpose, it may immediately, and without further notice to you: (a) terminate your use of the Service, (b) institute legal action and (c) take further other action as it deems necessary.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material posted on Internet sites infringes their rights under U.S. copyright law. Third party materials that are not owned or controlled by Spectrum Health may be transmitted, stored, accessed, or otherwise made available using the Service. If you believe in good faith that items, information or other materials appearing on the Service infringes your copyright, you (or your agent) may send Spectrum Health's Designated Agent a notice requesting that the item, information or material be removed, or access to it blocked. You can contact Spectrum Health's Designated Agent at: wifi@spectrum-health.org. Spectrum Health will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the applicable content.

You acknowledge (i) that the Service may not be uninterrupted or error-free; (ii) that viruses or other harmful applications may be available through the Service; (iii) that Spectrum Health does not guarantee the security of the Service and that unauthorized third parties may access your computer or files or otherwise monitor your connection. THE SERVICE AND ANY PRODUCTS OR SERVICES PROVIDED ON OR IN CONNECTION WITH THE SERVICE ARE PROVIDED ON AN "AS IS,""AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE CONTENT OR SERVICE AND THE OPERATION, CAPACITY, SPEED, FUNCTIONALITY, QUALIFICATIONS, OR CAPABILITIES OF THE SERVICES, GOODS OR PERSONNEL RESOURCES PROVIDED HEREUNDER, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY SPECTRUM HEALTH, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPECTRUM HEALTH BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SPECTRUM HEALTH KNOWS OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

You agree to indemnify and hold harmless Spectrum Health, any underlying carrier or network provider, and its and their suppliers and licensors, officers, directors, employees, agents and affiliates from and against any claims, liabilities, losses, damages, costs, or expenses (including, without limitation, reasonable attorneys and expert witnesses fees) arising out of or related to your use of the Service, any materials downloaded or uploaded through the Service, any actions taken by you in connection with your use of the Service, any violation of any third party's rights or an violation of law or regulation, or any breach of the Terms. This Section will not be construed to limit or exclude any other claims or remedies that Spectrum Health may assert under the Terms or by law.

The Terms shall not be construed as creating a partnership, joint venture, agency relationship or granting a franchise between the parties. If any provision of the Terms is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions of the Terms. Spectrum Health's performance under the Terms is subject to existing laws and legal process, and nothing contained in the Terms shall waive or impede Spectrum Health's right to comply with law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by Spectrum Health with respect to such use. The Terms shall be governed by and interpreted according to the laws of the State of Michigan, without regard to conflicts of law principles. You agree that all disputes and litigation regarding the Terms and matters related to your use of the Service shall be subject to, and you consent to jurisdiction and venue in, the state and federal courts in Kent County, Michigan. The Terms embody the entire agreement and understanding between you and Spectrum Health with respect to the subject matter of the Terms and supersedes all prior oral or written agreements and understandings relating to the subject matter of the Terms. No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in the Terms shall affect, or be used to interpret, change or restrict, the express terms and provisions of the Terms.