Terms of Use
By viewing healthlocator.org (the “Website”) or using HealthLocator, you, on behalf of yourself and any person or entity on whose behalf you access or use the Website (collectively, “you” or “your”), agree to be legally bound by these terms of use (the “Terms of Use”), and these Terms of Use will constitute a binding contract between you and Mayo Clinic and its affiliates (collectively, “Mayo”). Mayo may amend these Terms of Use at any time by posting the amended terms on the Website, and your continued access to the Website or use of HealthLocator constitutes your acceptance of any changes or revisions to these Terms of Use. If you are accessing or using the Website on behalf of a person or an entity, you represent and warrant to Mayo that you are authorized to accept these Terms of Use on such person’s or entity’s behalf. As the Website is part of Mayo’s broader website and related sites, certain additional terms and conditions may apply to your use. These include the Mayo Clinic Privacy Policy and the Mayo Clinic Terms and Conditions. To the extent any such terms or conditions conflict with these Terms of Use, these Terms of Use shall govern your use of the Website and HealthLocator.
You are being granted access to the Website in order to enable you to assess and compare hospitals by viewing the ratings of HealthLocator. You may use HealthLocator only for your personal, noncommercial use. You must not reproduce, republish, distribute, modify, reverse engineer, display, transmit, perform, use for a commercial purpose or otherwise exploit HealthLocator results or the Website in whole or in part, in any manner not expressly permitted by these Terms of Use.
NO RECOMMENDATIONS OR MEDICAL ADVICE
HealthLocator does not recommend or endorse any particular hospital. Mayo does not offer, recommend or endorse any hospital other than its own, nor does it provide advice regarding the quality or suitability of any particular non-Mayo facility for specific treatments or health conditions. You should obtain any additional information necessary to make an informed decision prior to utilizing any specific hospital. Mayo is not responsible for the quality of the medical treatment that you receive from any other non-Mayo health care facility, whether or not you learned about such facility through the Website. Mayo assumes no (and hereby disclaims all) responsibility or liability of any kind, for any advice, treatment or other services rendered by any non-Mayo hospital or healthcare provider.
No information on the Website should be considered, or used as a substitute for, medical advice, diagnosis or treatment. You should always talk to your health care provider for diagnosis and treatment of your specific medical needs.
TERM, ACCESS AND CONDUCT
These Terms of Use take effect on the date you first access or use the Website or HealthLocator. Mayo reserves the right at any time in its sole discretion to terminate these Terms of Use and your access to, and use of, HealthLocator, with or without notice. Rights and obligations under these Terms of Use which by their nature are intended to survive such termination will remain in full effect.
The Website provides you, among other things, with access to ratings from HealthLocator. You agree to use the Website and its contents solely in accordance with these Terms of Use. You agree not to disable, hack, interrupt or otherwise interfere with the proper operation of the Website. Mayo reserves the rights, and you have no right except with Mayo’s express consent, to reproduce or otherwise use the Website or HealthLocator for the purpose of training artificial intelligence technologies, including technologies that are capable of generating text.
You further agree that you will not use the Website in violation of local, state, national, or international law or use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Website, deep-link to any feature or content on the Website, or bypass the Website’s robot exclusion headers or other measures Mayo may use to prevent or restrict access to the Website.
INTELLECTUAL PROPERTY
The marks “Mayo,” “Mayo Clinic,” “HealthLocator” and the triple shield Mayo logo are trademarks or service marks of Mayo. HealthLocator and all Intellectual Property Rights therein are owned by Mayo. “Intellectual Property Rights” means all intellectual property rights of any kind or nature however denominated throughout the world, including, without limitation all copyrights, patents, patent applications, trade secrets, inventions, proprietary know-how, registered and unregistered trademarks, registered and unregistered service marks, domain names, registered and unregistered trade names, rights of privacy and publicity, moral rights, and database rights.
You must not reproduce, republish, distribute, modify, reverse engineer, display, transmit, perform, use for a commercial purpose or otherwise exploit HealthLocator ratings or the Website in whole or in part, in any manner not expressly permitted by these Terms of Use and must not remove or modify any copyright or trademark notice, or other notice of ownership. If you make any modification of HealthLocator ratings in violation of these Terms of Use, you will, and hereby do, assign to Mayo all of your rights, title, and interests in and to such modifications and all Intellectual Property Rights therein.
You agree not to cite, reproduce or re-publish HealthLocator ratings in any way that would cause confusion in the marketplace, imply sponsorship or endorsement by Mayo or otherwise misappropriate or damage Mayo’s reputation, goodwill and brand identity, and you hereby waive any right to assert any "nominative fair use" or "nominative use" defense in any trademark infringement action brought against you in the event that you do cite, reproduce or re-publish HealthLocator ratings in such a manner.
All rights not explicitly granted to you under these Terms of Use will remain with Mayo. Unless explicitly stated herein, nothing in these Terms of Use will be construed as conferring any license to Intellectual Property Rights of Mayo, whether by estoppel, implication, or otherwise. You do not acquire any ownership rights by accessing and using HealthLocator.
In partial consideration of Mayo providing the Website and HealthLocator, you agree that all Intellectual Property Rights and all ownership of any ideas, modifications, enhancements, improvements, inventions, works of authorship, or any other suggestions you provide to Mayo relating to the Website or HealthLocator will be, and are hereby, assigned to Mayo and shall be the sole and exclusive property of Mayo.
LINKING
You are granted a limited, non-exclusive right to create a text hyperlink to the Website for noncommercial purposes, provided such link does not portray Mayo, the Website, HealthLocator, or any of Mayo’s other content and services, in any misleading, derogatory, or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. Mayo may revoke this limited right at any time. You may not use a Mayo logo or other proprietary graphic of Mayo to link to this Website without the express written permission of Mayo.
DISCLAIMERS AND LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT HEALTHLOCATOR AND THE WEBSITE ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS.” HEALTHLOCATOR RATINGS MAY CONTAIN TECHNICAL OR OTHER INACCURACIES OR ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE. MAYO DOES NOT WARRANT THAT THE WEBSITE OR HEALTHLOCATOR RATINGS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR HEALTHLOCATOR WILL OPERATE UNINTERRUPTED OR BE FREE FROM VIRUSES OR OTHER CODE THAT MAY HAVE CONTAMINATING OR DESTRUCTIVE ELEMENTS. MAYO DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, RESULTS TO BE OBTAINED FROM HEALTHLOCATOR, MERCHANTABILITY, USE, QUALITY, OR ARISING OUT OF ANY COURSE OF DEALING WITH RESPECT TO THE WEBSITE AND HEALTHLOCATOR. THE USE OF THE WEBSITE AND HEALTHLOCATOR IS ENTIRELY AT YOUR OWN RISK, AND MAYO WILL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR USE OF, OR RELIANCE UPON, THIS WEBSITE OR HEALTHLOCATOR. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR HEALTHLOCATOR IS TO STOP USING IT. MAYO IS NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES OR LIABILITIES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF HEALTHLOCATOR OR WEBSITE, EVEN IF MAYO HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree that you will defend, indemnify and hold harmless Mayo, its affiliates and its directors, officers, employees, independent contractors and agents (collectively “Indemnitees”) harmless from and against any and all liabilities, damages, demands, claims, causes of action, fines or penalties (including, without limitation, court costs and reasonable attorneys’ fees) arising out of or related to the failure of you to fulfill any of your obligations under these Terms of Use or your use of or access to HealthLocator or the Website. You hereby expressly forever release, and discharge Mayo and the Indemnitees from, and covenant not to assert against Mayo and the Indemnitees any and all causes of action, rights or claims of any type or description, known or unknown, which may arise in the future in any way resulting from, arising out of or in connection with your use of HealthLocator or the Website.
GENERAL TERMS
The use of HealthLocator and Website are intended for individuals 18 years of age or older. HealthLocator and Website are not directed for use by users under the age of 18. Users under the age of 18 should get the assistance of a parent or guardian to use of HealthLocator and Website.
Any express waiver or failure to exercise promptly Mayo’s rights under these Terms of Use in any particular circumstance does not constitute a waiver of its right to enforce these Terms of Use in any other circumstance, in any similar circumstance, or in any continuation or repetition of the circumstance in connection with which it has not previously enforced its right. If any part, term, or provision of these Terms of Use will be held void, illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over these Terms of Use, the validity of the remaining portions or provisions will not be affected hereby.
These Terms of Use, the rights and obligations hereunder, and any claims or disputes relating thereto, will be governed by and construed in accordance with the internal laws of the State of Minnesota. The exclusive forum for any such claims or disputes is the District Court of Minnesota sitting in Olmsted County, Minnesota. You agree that such court will have exclusive personal and subject matter jurisdiction over any such claim or dispute. These Terms of Use will also apply to anyone claiming on your behalf.
These Terms of Use constitute the entire agreement between you and Mayo relating to this subject matter. You acknowledge that it may be impossible to measure the damages that would be suffered by Mayo if you fail to comply with these Terms of Use and that in the event of any such failure, Mayo may not have an adequate remedy at law. Mayo shall, therefore, be entitled in addition to any other rights and remedies to seek specific performance or other equitable relief.