Terms and Conditions of Use

Effective Date: July 28, 2023

Use of Site

This website is owned by WellSpan Evangelical Community Hospital (referred to herein as “WellSpan Evangelical” “we,” “us,” or “our”).  WellSpan Evangelical reserves the right to change these terms and conditions at any time without notice and we reserve the right to revoke any or all access and use authorizations granted to site visitors. The permission granted to you with respect to your use of this site shall terminate automatically if you breach any of these terms and conditions. Upon termination, you must immediately destroy any downloaded and printed materials.

WellSpan Evangelical provides this website for your general personal, educational and informational purposes and it is for these purposes only that the site may be used. Information on this site is provided with the understanding that we are not rendering specific advice or recommendations. WellSpan Evangelical makes no representations that the information provided on this site may in any way be interpreted to diagnose or treat a particular medical condition or ailment, and we assume no responsibility for consequences resulting from the use of the information on this site. You should not rely on any information contained on this site in lieu of consultations with qualified professionals to meet your individual needs. We reserve the right to modify or remove any of the materials or services offered through this site at any time without notice.

Permission is granted to download, print, and copy the materials on this site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. While we encourage you to access and print information which will help you, other than as expressly provided herein, no materials from our site may be downloaded, reproduced, distributed, transmitted, performed, displayed, or used in any way, including for any commercial use. In addition, you may not alter or attempt to alter any information or materials on this site, or the site itself, and you may not interrupt any operation of the site.

You agree to comply with all applicable laws and regulations in connection with the use of this site. You are solely responsible for knowledge of and adherence to any and all applicable laws, statutes, rules, and regulations pertaining to your use of this site.

Ownership and Intellectual Property

You agree that WellSpan Evangelical is the owner of all rights in this site and the materials that appear on the site, and that you will not challenge those rights or do anything that might impair or damage those rights. Any unauthorized use of any material contained on this site may violate copyright laws, patent laws, trademark laws, the laws of privacy and publicity, and communication regulations and statutes.

The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this site, including but not limited to the “WellSpan Evangelical Community Hospital” mark, are registered and unregistered trademarks of WellSpan Evangelical and others. Under no circumstances may you use any of the Trademarks, whether owned by or licensed to us. Nothing on this site should be construed as granting, by implication, estoppel, or otherwise any license or right to use any Trademark displayed on this site, without the written permission of the Trademark owner. If you print anything from our site, you are required to include all trademark, copyright and other proprietary notices. No links may be established to any part of this site and no information on this site may be framed without our prior written approval. Any questions concerning the use of the Trademarks or to request approval for linking and/or framing should be referred to [email protected]. 

Duration of Agreement

This agreement will continue to be effective until either you or we terminate it. You may terminate this agreement at any time by destroying all materials obtained from this site, and ceasing to use the site in any way. We may terminate this agreement immediately and without notice if we, in our sole discretion, decide that you have failed to comply with any term or condition of this agreement, or if we decide to modify the terms and conditions governing future use of this site. 

Disclaimer and Limitation of Liability

THIS SITE, AND THE MATERIALS AND INFORMATION CONTAINED ON THIS SITE, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, WELLSPAN EVANGELICAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATIONS OF RIGHTS.  WELLSPAN EVANGELICAL DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE WELLSPAN EVANGELICAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AND INFORMATION ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Under no circumstances of any kind shall WellSpan Evangelical be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, that arise from or relate to the use of, or the inability to use, the materials on this site, even if we have been advised of the possibility of such damages. If your use of materials from this site results in need for service, repair or correction of equipment or data, you assume any costs thereof. Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on this site or content included on other sites linked to this site. As a result, WellSpan Evangelical does not represent that the information contained herein is correct in every case and WellSpan Evangelical disclaims any and all liability regarding such information. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so this limitation may not apply to you.

Dispute Resolution

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH WELLSPAN EVANGELICAL ON AN INDIVIDUAL BASIS AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM WELLSPAN EVANGELICAL.

a. Scope of Dispute Resolution Section

As used in this Dispute Resolution Section (the “Section”), “Dispute” means any disputes, claims, suits, actions, causes of action, and/or demands in any way relating to or arising out of the use of this website, to information shared by you or others over this website or through other websites, portals, or online services operated by WellSpan Evangelical, to WellSpan Evangelical’s collection or sharing of your information, or to these terms of use. This Section does not apply to any of the following types of claims: (i) claims by employees of WellSpan Evangelical entities related to the terms or conditions of their employment; (ii) claims by, or on behalf of, WellSpan Evangelical patients for alleged medical malpractice, wrongful death, or similar personal physical injury or survivor claims related to the patient’s medical care at any WellSpan Evangelical facility or by an WellSpan Evangelical provider; (iii) any individual action brought in small claims court for disputes and actions fully within the scope of such court’s jurisdiction; or (iv) claims in which either party seeks injunctive or other equitable relief in a court of competent jurisdiction to prevent the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

b. Waiver of Right to Pursue Class Action or Collective Claims (“Class Action Waiver Provision”)

You agree to resolve Disputes with us only in arbitration and only on an individual basis, and you waive any right to pursue any claims on a class, collective, or consolidated basis or in a representative capacity to the maximum extent permitted by applicable law. You and WellSpan Evangelical agree that each may bring claims against the other only on an individual (non-class) basis and not as a plaintiff or a class member in any purported class or representative action or proceeding. Further, you and WellSpan Evangelical agree that a Dispute cannot be brought as a class, collective, consolidated, or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals to the maximum extent permitted by law.

c. Agreement to Arbitrate Claims; Waiver of Jury Trial

By agreeing to these terms of use, both you and WellSpan Evangelical are waiving the right to a jury trial on any Disputes. For any Dispute in any way relating to or arising out of the online services or these terms of use, you and WellSpan Evangelical agree that the Dispute shall be resolved by final and binding individual arbitration. No class, collective, consolidated, or other type of representative action arbitration will occur.

In addition, you and WellSpan Evangelical agree that each party will notify the other party in writing of any arbitrable Dispute within thirty (30) days of the date the Dispute arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to WellSpan Evangelical shall be sent by certified mail or courier to 1 Hospital Drive, Lewisburg, PA 17837. Your notice must include: (i) your name, street address, telephone number, the email address you use or used for your online services account (as applicable), and, if any, an email address at which you can be contacted; (ii) a brief description of the Dispute; (iii) the amount of money, if any, at issue in the Dispute; and (iv) the specific relief you are seeking. WellSpan Evangelical will send notice to your last known street and email addresses on file, if any. Any WellSpan Evangelical notice will include: (i) our name, street address, telephone number and an email address at which we can be contacted with respect to the Dispute; (ii) a description in reasonable detail of the nature of basis of the Dispute; and (iii) the specific relief that we are seeking.

If you and WellSpan Evangelical cannot agree how to resolve the Dispute within thirty (30) days after the notice is received by the other party, then either you or WellSpan Evangelical may, as appropriate and in accordance with this Section, commence an arbitration proceeding with a written demand for arbitration.

d. Limitation on Time to Bring Action

You agree that regardless of any statute or law to the contrary, any claim or cause of action for or related to a Dispute brought by you must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will forever be barred. Note that this may be a shorter time period than allowed under otherwise applicable law.

e. Arbitration Administration and Certain Procedures

You and WellSpan Evangelical agree that, if and as available, any arbitration will be administered by American Arbitration Association, except as otherwise modified by these Terms.

https://www.adr.org/Rules

If American Arbitration Association is unavailable or unwilling to conduct the arbitration for any reason, or the parties mutually agree that American Arbitration Association should not conduct the arbitration, then by mutual agreement the parties shall select an alternative, impartial, substitute arbitration administration service. This agreement to arbitrate is not contingent on American Arbitration Association being available or willing to conduct the arbitration.

You and WellSpan Evangelical also agree to the following relating to any arbitration proceeding:

• You and WellSpan Evangelical waive any right to bring Disputes before any court of law. Rights that you would have if you went to court, such as access to discovery, may be unavailable or limited in arbitration.
• Arbitration proceedings will take place in a mutually convenient location as agreed by the parties. If the parties are unable to agree on a location, the arbitrator will select the arbitration venue, which will be within Pennsylvania. Alternatively, the arbitrator, in his or her discretion, may order that the arbitration proceedings be conducted by telephone, online, and/or solely based on written submissions.
• The arbitrator will be either a retired judge or an attorney licensed to practice law in Pennsylvania and will be selected by the parties from the American Arbitration Association roster of arbitrators. If you and WellSpan Evangelical are unable to agree to an arbitrator within fourteen (14) days of American Arbitration Association’s notice to the parties of its receipt of the arbitration demand, then American Arbitration Association will appoint the arbitrator in accordance with the American Arbitration Association Rules.
• The arbitrator may award declaratory or injunctive relief only in favor of you or WellSpan Evangelical and only to the extent necessary to provide the relief warranted by your or WellSpan Evangelical’s individual claim. The arbitrator shall not have any power to issue relief to anyone but you or WellSpan Evangelical.
• These Terms affect interstate commerce and the interpretation and enforceability of this Section shall be substantively, procedurally, and exclusively governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the maximum extent permitted by applicable law, except as otherwise modified by these Terms.
• Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
• All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.
• You have the right at your own expense to be represented by an attorney of your own choosing. WellSpan Evangelical, likewise, has the right, at its own expense, to be represented by an attorney of its own choosing.

Payment of all filing, administration and arbitrator fees will be governed by the American Arbitration Association Rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, WellSpan Evangelical will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines that the claim(s) you assert in the arbitration are frivolous, you agree to reimburse WellSpan Evangelical for all costs and fees associated with the arbitration that WellSpan Evangelical paid on your behalf which you otherwise would be obligated to pay under the American Arbitration Association Rules.

If any term, clause or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses, and provisions of this Section will remain valid and enforceable. Further, the waivers set forth in this Section are severable from the provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.

Information Provided by You

We do not want you to, and you agree through the use of this Website, that you will not send any confidential or proprietary information belonging to you or any other entity to us unless specifically requested by us. Any material information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by WellSpan Evangelical or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products or services. Notwithstanding the foregoing, personal data provided to WellSpan Evangelical through this Site will be handled in accordance with WellSpan Evangelical's Online Privacy Policy, (Privacy Policy), incorporated into these Terms and made a part hereof.

Any contact or communication which you may make with us or our employees via this Site must be for WellSpan Evangelical business-related purposes and all such communications are property of WellSpan Evangelical, and subject to review and monitoring by us. You are prohibited from posting or transmitting to this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. You understand that information transmitted over public networks may be accessed by third parties and WellSpan Evangelical will not be liable for any such unauthorized disclosure.

WellSpan Evangelical and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product or service names. Please do not send any original creative artwork, samples, demos or other works. The purpose of this policy is to avoid potential misunderstandings or disputes when WellSpan Evangelical's products, services or marketing strategies might seem similar to ideas submitted to WellSpan Evangelical. So, please do not send your unsolicited ideas to WellSpan Evangelical or anyone at WellSpan Evangelical. If, despite our request that you not send us your ideas and materials, you still send them, please understand that WellSpan Evangelical makes no assurances that your ideas and materials will be treated as confidential or proprietary.

Additional Terms

No images or materials from this site may be downloaded or otherwise exported or reexported in violation of U.S. laws or regulations controlling export transactions and by using this site you represent and warrant that you are not located in, under the control of, or a national or resident of any country on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders or Denied Persons List. This agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of law. In the event that you or we file a lawsuit against one another, you agree that the lawsuit will take place in the federal or state courts located in Dauphin County, Pennsylvania, which shall have exclusive jurisdiction over any such lawsuits, and you agree to submit to the jurisdiction of those courts. 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. This agreement constitutes the entire agreement between you and us with respect to the subject matter of this agreement, and all prior agreements, representations, statements and undertakings are hereby expressly terminated. Any waiver of any provision of this agreement will be effective only if in writing and signed by both WellSpan Evangelical and you.