Social Media Use

Notice of Social Media User Agreement

THIS NOTICE GOVERNS THE USE OF TUCSON ORTHOPAEDIC INSTITUTE SOCIAL MEDIA SITES.  PLEASE REVIEW IT CAREFULLY.

Tucson Orthopaedic Institute ("TOI") participates on the internet, including participating on publicly facing social media sites for viewing content and/or videos and posting comments about TOI. These sites include but are not limited to various blogs, bulletin boards, networks, multi-media and news media sites or other user generated content sites ("TOI Sites").

This Social Media User Agreement ("Agreement") governs the use of TOI Sites.  Please read the terms in the Agreement carefully. You can access the Agreement any time. Your use of any aspect of a TOI Site will constitute your agreement to comply with the Agreement's terms and has the same effect as if you had actually physically signed an agreement. If you do not agree with the Agreement's terms, please do not use the TOI Sites.

The Agreement may be modified from time to time; the date of the most recent revisions will appear on this page, so check back often. Continued access of a TOI Site by you will constitute your acceptance of any changes or revisions to the Agreement.

Your failure to follow the Agreement's terms, whether listed below or in bulletins posted at various points on a TOI Site, may result in suspension or termination of your access to the TOI Sites, without notice.

1. You must be at least 18 years old to post any content on any TOI Site.

2. You may not: (a) post any content that is personal health information, including patient images, on any TOI Site; (b) use a TOI Site to provide medical advice or medical commentary (except commentary posted by TOI physicians); or (c) use a TOI Site to make, recommend or increase referrals to physicians who are not employed by TOI.

3. Nothing posted on a TOI Site is intended as medical advice. Material posted on a TOI Site should not be used in place of professional clinical expertise. Under no circumstances will TOI be responsible for material posted on a TOI Site under any theory of liability or indemnity.

4. TOI does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions, or statements posted on the TOI Sites. Any information or material placed online, including advice and opinions, are the views and responsibility of those making the comments and do not necessarily represent the views of TOI or its affiliates or their officers, directors, employees, contractors or agents. By submitting a comment for posting, you agree that the neither TOI nor its affiliates or their officers, directors, employees, contractors and agents will be responsible or have liability to you with respect to any information or materials posted by others, including defamatory, offensive or illicit material, including material that violates this Agreement.

5. By posting content on a TOI Site, you recognize that the forum is public and that the posted material will become public.  When posting content on a TOI Site, you will not:

(a)        Violate any local, state, federal or international law or regulation, including but not limited to copyright and intellectual property rights laws, regarding any content that you send or receive via a TOI Site;

(b)        Transmit any material (by uploading, posting, email or otherwise) that is unlawful, disruptive, threatening, profane, abusive, harassing, embarrassing, tortuous, defamatory, obscene, libelous, or is an invasion of another's privacy, is hateful or racially, ethnically or otherwise objectionable as determined in TOI's sole discretion;

(c)        Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

(d)        Transmit any material (by uploading, posting, email or otherwise) that violates any contractual or fiduciary relationships;

(e)        Transmit any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(f)         Transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising (including advertising of non-TOI services or products), promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation;

(g)        Transmit any material (by uploading, posting, email or otherwise) that contains software viruses, worms, disabling code, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(h)        Harass another; or

(i)         Collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent; or

(j)         share confidential pricing information of any party.

6. TOI reserves the right, but undertakes no duty, to monitor, prohibit, restrict, block, suspend, terminate, delete or discontinue your access to any TOI Site, at any time, without notice and for any reason, in TOI's sole discretion. TOI may remove, delete, block, filter or restrict any materials by any other means, in TOI's sole discretion.

7. TOI may disclose your communications and activities on the TOI Sites in response to lawful requests by governmental authorities, including Patriot Act requests, judicial orders, warrants or subpoenas, or for the protection of TOI' rights. If TOI exercises any of its rights hereunder for any reason, TOI will have no liability to you.

8. By posting any content on any TOI Site, you grant to TOI the irrevocable right to reproduce, distribute, publish, display such content and the right to create derivative works from your content, edit or modify such content and use such content for any TOI purpose.  

9. Reference on a TOI Site to any specific commercial products, process or service by trade name, trademark, manufacturer or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by TOI. The views and opinions of authors expressed on a TOI Site do not necessarily state or reflect those of TOI, and will not be used for advertising or product endorsement purposes. With respect to materials available on a TOI Site, neither TOI nor any of its corporate affiliates, makes any warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose, or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, apparatus, product or process disclosed, or represents that its use would not infringe privately owned rights The appearance of external hyperlinks on a TOI Site does not constitute endorsement by TOI of linked web sites or the information, products or services contained therein. TOI does not exercise any editorial control over the information you may find at these locations. All links are provided consistent with the stated purpose of the TOI Sites.

10. You will defend, indemnify, and hold TOI and its corporate affiliates and their respective officers, directors, employees, contractors, agents, successors and assigns harmless from and against, and will promptly reimburse them for, any and all losses, claims, damages, settlements, costs, and liabilities of any nature whatsoever (including reasonable attorneys' fees) to which any of them may become subject arising out of, based upon, as a result of, or in any way connected with, your posting of any content to a TOI Site, any third party claims of infringement or any breach of this Agreement.

11. YOU EXPRESSLY ACKNOWLEDGE THAT YOU ASSUME ALL RESPONSIBILITY RELATED TO THE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN SENDING ANY CONTENT OVER THE INTERNET. By its very nature, a website and the internet cannot be absolutely protected against intentional or malicious intrusion attempts. TOI does not control third party sites and the internet over which you may choose to send confidential personal or health information or other content and, therefore, TOI DOES NOT WARRANT ANY SAFEGUARD against any such interceptions or compromises to your information. When posting any content on an internet site, you should think carefully about your own privacy in disclosing detailed or private information about yourself and your family.

12. You agree that any claim or dispute relating to your posting of any content on a TOI Site will be construed in accordance with the laws of the State of Arizona without regard to its conflict of laws provisions and you agree to be bound and will be subject to the exclusive jurisdiction of the local, state or federal courts located in Pima County, Tucson.

13. You may not post any content on a TOI Site that may be construed as political lobbying, solicitations or contributions or use a TOI Site to link to any sites or political candidates or parties or use a TOI Site to discuss political campaigns, issues or for taking a position on any legislation or law.

14. If you are a TOI employee you must adhere to the TOI SOCIAL MEDIA POLICY AND GUIDELINES.

This notice is effective on or after March 22, 2011.