CommonSpirit Health
Terms & conditions
The CommonSpirit Health website (the “Site”) and CommonSpirit Health mobile application (“MyCommonSpirit – Mountain” or the “App”) offer health care information and access to various services (collectively, the “Services”) provided by CommonSpirit Health, its affiliates or organizations, successors, assigns or licensees, together with any of their respective officers, directors and employees (“CommonSpirit Health”). Use of the Site or App and their Services is governed by the terms and conditions of this agreement (“Terms of Use” or “Agreement”). Throughout this Agreement, CommonSpirit Healthis referred to as “we” or “us.” Individuals accessing the Site or App and the Services shall be referred to as “You” or “User(s)”. You agree that your use of the Site or App and any uses of Services are subject to your agreement with these Terms of Use. Your access and continued use of the Site or App indicates your consent to this Agreement. If You do not agree to the Terms of Use, You may not use the Site or App or the Services. CommonSpirit Health may modify these Terms of Use from time to time or at any time by posting updates to this page or any successor of this page. Your access and continued use of the Site or App after any such change indicates your consent to any such modified Terms of Use.
Your account profile, access & use of the site
Prior to Your access to certain Services available on the Site or App (such as appointment scheduling or online payments), You will be required to create a personal profile account and reconfirm your acceptance of these Terms of Use. You are responsible for maintaining the confidentiality of all user identification, password and other confidential information relating to the use of your account and are fully responsible for all activities that occur under your account. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your account. Payment transactions may be subject to additional terms of use.
Medical emergency disclaimer
If You are experiencing a medical emergency, call emergency personnel (911) immediately and/or contact your local hospital right away. Do not rely on electronic communications through this Site or App for assistance for medical emergencies or urgent medical needs. Any information provided on this Site regarding emergency room wait times or availability is provided for informational purposes only, and CommonSpirit Health does not warrant the accuracy or timeliness of any such information.
Site services are not medical advice
We advise Users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of something You have read on this Site or App. If You have or suspect that You have a medical problem or condition, please contact a qualified health care professional immediately. Nothing contained in the Site or App is or should be considered, or used as a substitute for, individual medical advice, diagnosis or treatment.
Medical records storage & electronic communications
You may have the opportunity to access healthcare records and information through the Site or App (“Your Records”). You hereby grant CommonSpirit Health, our employees, officers, directors, agents, and contractors, and all other persons or entities involved in the operation of this Site or App, the right to access, transmit, receive, monitor, retrieve, store, maintain, and use Your Records in connection with the establishment and maintenance of your CommonSpirit Health account to provide the Services and operate the Site or App. You are also responsible for reviewing your account information as well as any documents produced by CommonSpirit Health. Some Services provide secure electronic communications services related to Your healthcare. Note that email transmissions cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, and CommonSpirit Health therefore does not accept liability for any errors or omissions in the contents or receipt of e-mail transmissions. You are responsible for utilizing provided secure electronic communication services provided in the Services in order to preserve security of Your Records.
Disclaimer, warranties & limitation of liability
THE SERVICES AND ANY INFORMATION CONTAINED ON THE SITE OR APP OR PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. WE WILL REGARD ALL ACCESS TO AND USE OF THIS SITE OR APP AS VOLUNTARY AND AT THE SOLE RISK OF THE USER. WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE SERVICES OR ON THE SITE GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
Children’s privacy
We are committed to protecting the privacy of children. You should be aware that this Site and App are not intended or designed to attract children, or anyone under the age of 18. Parents and authorized legal guardians may utilize the Site or App and authorize use of the Site or App by minors as provided herein and in accordance with CommonSpirit Health policies.
Indemnity
You agree that You are solely responsible for anything You post on the Site or App and that You will defend, indemnify, and hold CommonSpirit Health, its officers, directors, affiliates, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use or any claims based upon your Postings on the Site or App or use of the Services.
Governing law & venue; territory; devices
This Agreement is entered into between You and CommonSpirit Health in the State of Colorado, and is performed within the State of Colorado and governed by and shall be construed in all respects under the laws of the State of Colorado, exclusive of its choice of law or conflict of laws provisions. In any claim or action by You directly or indirectly arising under this Agreement or related to the Services, You irrevocably agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Denver County, Colorado. You waive any jurisdictional, venue or inconvenient forum objections to such court. If any of the provisions of this Agreement are held to be unenforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Site and App are intended for use within the United States and its territories and protectorates (the “Territory”). You assume full responsibility for any use of this Site or App outside the Territory, which is at Your sole risk. CommonSpirit Healthmay provide this Site or App or Services on multiple platforms, operating systems, mobile devices, etc. Use of modified systems or devices may compromise the Site or App and/or Services, including necessary security services. Any use of the Site or App or Services on a rooted, jailbroken or otherwise adulterated device is expressly forbidden.
Rights, remedy & termination of services
CommonSpirit Health may, in its sole discretion, terminate your access to the Services, or any portion thereof, or discontinue providing the Site or App, or any portion thereof. CommonSpirit Health may notify You that You have breached the Agreement and your account is being terminated. These actions are in addition to and not in lieu or limitation of any other right or remedy CommonSpirit Health may have available at law. Further, CommonSpirit Health shall not be liable to You or any third party for any such termination or discontinuance.
Limitation of liability
TO THE EXTENT ALLOWED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMMONSPIRIT HEALTH SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR INJURY, ILLNESS, DISABILITY, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMMONSPIRIT HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES. NOT WITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMMONSPIRIT HEALTHEXCEED THE TOTAL AMOUNT OF FEES PREVIOUSLY PAID BY YOU TO COMMONSPIRIT HEALTHRELATING TO THE AFFECTED SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Proprietary rights
The materials on the Site and App are copyrighted by CommonSpirit Health and/or other applicable rights holders. You acknowledge and agree that the Site and App and any necessary software used in connection with the Site and App (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any content contained in sponsor advertisements or information presented to You through the Site or App or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by CommonSpirit Health or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or App or the Software, in whole or in part. You may download and reprint a single copy of the materials from the Site or App and/or the Services for your own personal, noncommercial use only, provided You include all applicable notices and disclaimers. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site or App. You agree not to access the Site or App by any means other than through the interface that is provided by CommonSpirit Healthfor use in accessing the Site or App. You shall not, in whole or in part, adapt, translate, modify, decompile, reverse engineer, or disassemble the Site or App, merge the Site or App into other program material, nor shall You otherwise create or attempt to obtain the source code of the Software.
Cookies
To help make this site more responsive to Your needs, we may also automatically collect certain information through the use of “cookies” or “clear gifs.” “Cookies” are small data files that are stored on a user’s hard drive and a standard feature of browser software, which helps us tailor the site to Your needs, deliver a better, more personalized service, and remember certain preferences, history and choices You’ve made, so You don’t have to re-enter them. Clear gifs (also known as web bugs or web beacons) are small, invisible graphic images that may be used on the site and in emails to collect certain information about Your use of, and activity with, our site and emails. Such information (including Your type of request and other information) is collected, stored and used in accordance with applicable laws and in a manner appropriate to fulfill the nature of Your request.
In cases where You may be using or accessing one of our services that require You to establish and enter a user name and password, the user name and password may be temporarily stored in a cookie. Data stored in the cookie will allow You to automatically log back on without re-entering Your information during the same session. CommonSpirit Healthwill only use this information to identify and access Your account to provide the requested services or information. The cookies we use don’t directly identify visitors to, or users of, the site as particular individuals; rather, they contain information sufficient to simplify and improve a visitor’s or user’s experience on the site.
We may also include advertisements or other content on this site. This advertiser may use cookies, web beacons, or similar technologies on the hard drive of Your computer to serve You advertisements or content tailored to interests You have shown by browsing on this and other websites You have visited. In doing so, the advertiser may collect non-personally identifiable information such as Your browser type, Your operating system, web pages visited, time of visits, content viewed, ads viewed, and other click stream data. The use of cookies, web beacons or similar technologies by these advertisers is subject to their own privacy policies and not the privacy policy for this site.
Interaction with Your data
The App may interact with Your sensitive data to provide certain features, such as video visits or mobile appointment check-in. The first time You try to use any of these features, we will ask for Your consent within the app and will only allow You to use a feature if You give consent. You do not have to provide consent if You do not want to allow the App to interact with Your data as requested. The App is developed by Epic Systems Corporation (Epic); please refer to Epic’s Mobile Application Privacy Policy for Patients for more detailed information about the limited ways Epic may interact with Your information to make Your use of the App possible.
Use of location data
The App may offer location-based check-in for in-person appointments or allow You to find healthcare providers near You. The first time You try to use any features that use Your location, we will ask for Your consent within the App and will only access your location if You give consent. You do not have to provide consent if You do not want to allow the App to use Your location. We do not store Your location data.
If You have enabled the appointment arrival feature in the App, CommonSpirit Health may use Your precise geographical location information in order to identify when You arrive for Your appointment so that we can automatically check You in. You can disable this feature through the App at any time if you no longer wish to have your location disclosed. CommonSpirit Health does not collect precise geographical location information while you are accessing the Site.
Links to third-party sites
The Site or App may contain links to sites maintained by third parties. Such links are provided for Your convenience and reference only. CommonSpirit Health does not operate or control in any respect any information, software, products or services available on such sites. CommonSpirit Health’s inclusion of a link to a site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization. When You leave the Site or App please note that CommonSpirit Health is not responsible for the accuracy or content of the information provided by that site, nor is it liable for any direct or indirect technical or system issues arising out of Your access to or use of third party technologies or programs available through that site. Your use of a third party site linked from the Site or App is at Your own risk and will be governed by such third party’s terms and policies.
Sharing Data with Third Parties
We will not disclose Your information except as set forth in our Notice of Privacy Practices.
Digital Millennium Copyright Act (DMCA) Notice
The Site follows the safe harbor provisions of 17 USC. § 512, otherwise known as the Digital Millennium Copyright Act (DMCA). As such, we will respond to written notification of copyright infringements in accordance with the DMCA. If You believe your copyrighted material is being infringed on the Site or App, please contact us immediately.
Complete agreement
The Terms of Use, the Privacy Policy, and any Additional Terms of Use related to specific Services, and all associated and incorporated agreements (collectively the “Agreements”) which together set forth the relationship between You and CommonSpirit Health are intended to be read concurrently. The Agreements constitute the entire agreement between You and CommonSpirit Health with respect to the use of the Site or App and its Services.
You & CommonSpirit Health
You may not use this Site or App unless You agree to these Terms of Use. Electronic acceptance (logging in) via the Site or App may be required before further access to certain Services will be granted.
Contact information
Questions or comments regarding the Site or App should be directed to CommonSpirit Health at:
9100 E. Mineral Circle
Englewood, CO 80112
Phone: 303-290-6500
