Terms & Conditions of Use
Duke LifePoint Healthcare is a joint venture of Duke University Health System and LifePoint Hospitals, Inc. LifePoint Hospitals, Inc. is a publicly traded company listed on the NASDAQ under the symbol “LPNT.” Acting through its subsidiaries, Duke LifePoint operates facilities in non-urban communities in North Carolina and the surrounding area. This website is dedicated to the purposes of making certain information accessible to shareholders of LifePoint Hospitals, Inc., as required by NASDAQ and the U.S. Securities and Exchange Commission (the “SEC”), and serving as an information source for Duke LifePoint’s communities, prospective employees and physicians interested in serving in our communities.
The term “Duke LifePoint” as used in this website refers to Duke LifePoint Healthcare and its affiliates, unless otherwise stated or indicated by context. The terms “facilities” or “hospitals” refer to entities owned or operated by subsidiaries of Duke LifePoint. References to “Duke LifePoint employees” or to “our employees” refer to employees of subsidiaries of LifePoint. Duke LifePoint does not employ any employees or physicians, or own, lease or operate any facilities.
This website includes links to websites for Duke LifePoint-affiliated hospitals. Each Duke LifePoint -affiliated hospital is owned and operated by a separate and distinct legal entity. Users acknowledge and agree that, by accessing this additional information, they will look solely to the individual facility and will not hold Duke LifePoint responsible for the accuracy of the content on such websites and will hold Duke LifePoint harmless for any act or omission that may arise from the user’s reliance on this information.
The following Disclosure Statement is provided on behalf of Duke LifePoint Healthcare:
This website includes forward-looking statements that discuss expectations about future events and conditions. Such statements are not historical fact and are subject to significant risks and uncertainties. Actual results or future events may vary from these forward-looking statements, and the variations may be material. Visitors to this site are referred to the sections entitled “Risk Factors” in LifePoint Hospitals, Inc.’s SEC filings, including its Annual Report on Form 10-K, for a summary of some of the risks that could cause actual results to differ materially from those expressed or implied by any of the forward-looking statements.
Usage Restrictions & Limited License
This Site contains material, including written materials, third party information, software, source and/or object code, data, images, video, music, sounds, trademarks (collectively “Content”), which is derived in whole or in part from material supplied by Duke LifePoint and other sources, and is protected by international copyright, trademark, patent, privacy, publicity, communications and other laws, rules and regulations. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any Content without Duke LifePoint’s prior written permission.
You may use the Site and the Content offered on the Site only for personal, non-commercial purposes. You may use Content offered for downloading (if any) for personal use only and subject to the rules that accompany that particular Content. You may not use any Content in a manner that exceeds the rights granted for your use of the Content. You may not use any data mining software, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Site or the Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without Duke LifePoint’s prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.
Duke LifePoint Name and Trademarks
Duke LifePoint does not permit the use of its name or any of its trademarks, service marks, or product names in advertising, as an endorsement for any product or service or for any other commercial purpose. Graphics, logos and content created by Duke LifePoint are the property of Duke LifePoint and may not be used without our express written permission.
Acceptable Use of the Site
You may use the Site for lawful purposes only. You may not submit or transmit through the Site any material, or otherwise engage in any conduct that: violates or infringes the rights of others including, without limitation, the patent, trademark, trade secret, copyright, publicity/privacy or other proprietary rights of any third party; is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions, or accounts, of sexual acts or is obscene/pornographic; victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; impersonates any person, business or entity, including Duke LifePoint and its employees and agents; contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network; encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; violates these Terms or any other guidelines or policies posted on the Site; could damage, disable, overburden, or impair Duke LifePoint’s servers or networks, or interfere with the operation, or any other party’s use and enjoyment, of the Site.
Information Available on the Site
Duke LifePoint does not guarantee, and assumes no responsibility for, the accuracy, timeliness, correctness, or completeness of the Content. Any conclusions that users draw from the information presented here are their own and are not to be attributed to Duke LifePoint. You agree that you must evaluate, and bear all risk associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Links to Third Party Sites
Duke LifePoint provides many relevant links to information outside of the Site as additional resources for users of the Site. However, Duke LifePoint does not endorse any views expressed, or products or services offered, through or on such third party websites. Neither Duke LifePoint, its subsidiary companies, nor their affiliates, operate or control in any respect, or are in any way responsible for, any information, products or services on these third party sites. You should carefully review the terms of service and privacy policies on any such third party sites, as these Terms do not apply to your activities on such third party sites. Users acknowledge and agree that, by accessing this additional information, they will hold Duke LifePoint harmless for any act or omission that may arise from the user’s reliance on this information.
DISCLAIMER OF WARRANTIES
THE CONTENT AVAILABLE ON THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DUKE LIFEPOINT DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DUKE LIFEPOINT DOES NOT WARRANT THAT THIS SITE WILL FUNCTION UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY DEFECTS WILL BE DISCOVERED AND/OR CORRECTED. DUKE LIFEPOINT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT AVAILABLE ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DUKE LIFEPOINT, ITS SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT AND/OR THE SITE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT DUKE LIFEPOINT IS NOT LIABLE FOR ANY CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT AVAILABLE ON THE SITE, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
You agree to defend, indemnify, and hold harmless Duke LifePoint and its owners, principals, affiliates, subsidiaries licensors and licensees and their directors, officers, employees, contractors and representatives from any and all liabilities, claims, judgments and expenses, including attorneys’ and expert fees and court costs, that arise from your use or misuse of the Site or your violation of these Terms (an “Indemnifiable Event”). Duke LifePoint will give you notice in the event of an Indemnifiable Event. Duke LifePoint reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Duke LifePoint in asserting any available defenses. This defense and indemnification obligation will survive the termination or expiration of these Terms.
This agreement is effective until terminated by Duke LifePoint, at any time with or without notice. Additionally, in the event that you violate these Terms, these Terms shall be deemed to be automatically terminated. In the event of termination, you are no longer authorized to use or access the Site. You hereby acknowledge that the restrictions imposed on you with respect to any Content downloaded from the Site, the disclaimers and limitations of liabilities, and your indemnification obligations, shall survive the termination of these Terms.
You hereby agree that these Terms and your use of the Site shall be governed in all respects by the internal substantive laws of the State of North Carolina, without regard to its conflicts of laws provisions. You hereby submit to exclusive jurisdiction and venue in the state and federal courts located in North Carolina for all disputes, cases and controversies regarding this Site, your use of this Site, and your relationship with Duke LifePoint.
YOU AND DUKE LIFEPOINT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
No waiver of any of these Terms shall be deemed a further or continuing waiver of such Term or any other Term, and Duke LifePoint’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Unless otherwise specified herein, these Terms constitute the entire agreement between you and Duke LifePoint with respect to your use of the Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Duke LifePoint with respect to subject-matter hereof. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
These Terms, and any rights and/or licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by Duke LifePoint without restriction.
Date Last Revised: August 2011