Website Privacy Policy

Effective Date August 2024 – Revised, December 2024

Note: This Privacy Policy relates specifically to our website. For HIPAA Notice of Privacy Practices, please visit https://www.wakemed.org/patients-and-visitors/patient-rights-and-privacy-policies and select “Patient Notice of Privacy Practices.”

WakeMed and its affiliates (referred to in this Privacy Policy as “WakeMed,” “we,” “us,” or “our”) respect your privacy and are committed to protecting it through our compliance with this Privacy Policy.

By accessing or using this website, including any content, functionality, products, and services delivered through wakemed.org (collectively, the “Site”), you agree to the terms of this Privacy Policy and our Terms of Use.

As you browse the Site, you may also be able to access websites that are operated by third parties that are not part of WakeMed. Neither this Privacy Policy nor any other WakeMed policy apply to websites or mobile applications that are operated by third parties.

About this Policy

The purpose of this Privacy Policy is to tell you how WakeMed collects, uses, shares, and protects your personal information accessed by or through the Site.

Please read this Privacy Policy carefully to understand our policies and practices regarding your personal information and how we will treat it. If you do not agree with our policies and practices, you must not use or access the Site. We will update this Privacy Policy from time to time and will update the Effective Date accordingly. Your continued use of the Site after changes have been made is deemed to be acceptance of those changes, so we encourage you to periodically review the Privacy Policy to remain informed of how we use and protect your personal information. Our use of personal information gathered or accessed is subject to the Privacy Policy in effect at the time of such access.

This Privacy Policy does not apply to information that has had identifiers removed or other actions taken so that you are no longer identified in the data (“de-identified data”). For example, identifiers such as your name, date of birth, or other data elements may be removed from certain data sets. WakeMed may use and share with third parties any de-identified data for any purposes permitted by applicable law, such as for WakeMed or third party operations, research, or development or provision of services or products.

Contact Us

If you have any questions or concerns about this Privacy Policy, the Site, or your personal information, please contact us by telephone at (919) 350-8115 or submit a “Contact Us” form at https://www.wakemed.org/contact-us.

Information Collected –

We collect personal information that you provide to us when you:

• Provide information to open an account
• Respond to a survey
• Fill out a form
• Submit or provide content
• Engage in other activities, services, features or resources we make available on the Site

We collect several types of information from and about individuals who access or use the Site. Information you provide to us may include your:

• Name
• Address
• Phone number
• Email address
• Information pertaining to your health
• Information related to your employment or affiliation with us
• Other demographic information, such as
  • Your zip code
  • Age
  • Gender
  • Preferences, interests and favorites
  • Other personal information you provide to us

How Information is Used

The information collected is used by us and businesses directly associated with us for the following purposes:

• To provide services to you.
  • We use the information you provide to us to provide the services you have requested.
  • We may share your personally identifiable information with our other businesses or affiliates, our agents, contractors, or business partners so that they can perform services for us, including the delivery of services, product information, and other valid business communications to you on our behalf.
• To improve customer service.
  • Information you provide helps us to respond to your customer service requests and support needs more efficiently.
• To improve user experience.
  • We may use information in the aggregate to understand how our users as a group use the services and resources provided on the Site.
• For the purposes specified at the time of collection.
  • If you need to provide personal information to access features or services on this Site, we will clearly disclose how the information will be used.
• For research, presentations, publications, and to improve access to care.
  • We conduct analytics on user demographics, interests, and behaviors based upon information provided to us during use of our Site. We may combine your information with information collected from other individuals to produce aggregated and statistical information.
• As otherwise required or permitted by law.

We do not sell, trade, or rent your personally identifiable information to others.

In the event WakeMed engages in a business transition, such as a merger, acquisition by another organization, or sale of all or a portion of its products or assets, your personal information will likely be transferred. We will make every effort to notify you via email, letter, or public posting of any such change in the control of your personal information. At the time of our notification, you will be given a clear choice to allow or not allow the use of your personal information for secondary purposes such as product information, research, and other valid business communications.

Passive Information Collection

As you navigate through this Site, certain information can be passively collected (that is, gathered without your actively providing the information) using various technologies, such as cookies, Internet tags, web beacons, or navigational data collection (log files, server logs, clickstream). This information typically does not reveal your specific identity (like your name or contact information) but may include information such as:

• The IP address of the device that you are using;
• The URL of the website you just came from;
• The browser name and the device that you are using; and
• Technical information about your computer or other device, such as the operating system and the service provider you are using, and other similar information.

This information is generally not considered personally identifiable unless it is combined with account information, contact information, or other information that is unique to you.

This Site may use and combine such information to provide better service to Site visitors, customize the Site based on your preferences, compile and analyze statistics and trends, and otherwise administer and improve the Site for your use. Such information is not combined with personally identifiable information collected elsewhere on the Site unless you have consented to such use.

Cookies

We use cookies (a small file stored on your computer and maintained by your browser) to record information from your time visiting our Site. Cookies may contain different types of information such as your Site preferences and login information, including for portals related this website, such as the MyChart log-in page, job applications, and class registrations. We do not use cookies to retrieve information from your computer or device for purposes that are unrelated to the Site or your interaction with the Site. You may set your browser to notify you when a cookie is sent or to refuse cookies altogether, but certain features of this Site may then be inaccessible or not function properly.

Analytics Technologies

We may use analytics technologies (the “Analytics Technologies”) to collect and process certain information about you and your use of our Site. The information collected by the Analytics Technologies is statistical data. We typically do not connect this statistical data with identifiable information like name or phone number, although the Analytics Technologies may associate information with a geographic location or other potential identifier. This statistical information helps us understand the number and type of users that access our website.

Analytics Technologies in use on the WakeMed website include:

• Piwik Pro: Piwik Pro is a privacy-friendly analytics platform that allows us to monitor and evaluate user engagement with our website without capturing identifiable user data. This allows WakeMed to provide website content about services and locations that is valuable to visitors. We honor opt-out preference signals and include a website consent notice that allows visitors the ability to opt- in or opt-out of this analytics technology.
• Eloqua – Eloqua is a data analytics tool that is used to create and monitor email marketing campaigns. WakeMed uses the data generated by Eloqua to better target health information messages to the appropriate groups of patients and community members.

Additionally, WakeMed’s job posting site, jobs.wakemed.org, utilizes Google Analytics. Google Analytics is not used on WakeMed’s patient-facing websites. Google’s ability to use and share information collected by Google Analytics about visits to jobs.wakemed.org is restricted by the Google Privacy Policy (located at  https://www.google.com/policies/privacy/). If you do not want your information collected with Google Analytics, you can install the Google Analytics opt-out browser add-on. To opt-out of Google Analytics, visit the Google Analytics opt-out page (located at https://tools.google.com/dlpage/gaoptout) and install the add-on for your browser. For more details, visit the “Google Analytics opt-out browser add-on” page (located at https://support.google.com/analytics/answer/181881?hl=en).

Information Sharing

As mentioned above, we may share information about you with other parties who provide services to us. For example, we may contract with third parties that process end user data to facilitate the provision of services to WakeMed or its users. Frequently this information is not personally identifiable, but personally identifiable information may be shared if necessary for them to provide services to us. We may share your information in the following ways:

• With third party service providers that help us operate our business or administer activities on our behalf.
• With companies that provide services to us, such as hosting services.
• With companies that are disclosed to you at the time you provide the information.
• As permitted or required by law; for example, to comply with a court order or subpoena, or to prevent or investigate a crime or fraud.

Additionally, we may share information if necessary to enforce this Privacy Policy or Terms of Use. We reserve the right to report to appropriate law enforcement or government agencies activities that we, in good faith, believe to be harmful or unlawful, with or without providing notice to you.

Do Not Track Policy

We adhere to the standards set out in this Privacy Policy and we do not currently respond to “Do Not Track” signals/requests on our Site.

Use of Personal Information

If you supply us with your postal or email address, you may receive periodic emails or mailings from us with information on products and services provided by WakeMed, upcoming events, and other promotional information.

Persons who supply us with their telephone numbers may receive telephone contact from us with information regarding WakeMed products and services, upcoming events, and other promotional information. By supplying us with this information, you authorize all WakeMed entities and providers and all of their affiliates, subsidiaries, employees, contractors, and agents to contact you, including using autodialed calls, texts, robocalls, and artificial voices or prerecorded voices, at the telephone numbers you provided with regard to information about services, billing, collections and other account activities, and for advertisement and telemarketing purposes.

You understand that is not possible to guarantee that any transfer of information over text messaging or e-mail is 100% timely, complete, accurate, private or secure. As a result, we cannot guarantee the absolute timeliness, completeness, accuracy, privacy or security of your information when it is sent via a text message or e-mail. By asking us to transmit information to you through text messaging or e-mail, you accept all risks associated with the transmission.

Opt-Out

If you do not want to receive email, postal mail, or telephone contact from us in the future, please let us know that you want to be put on our “do-not-contact/share” list by contacting us by either submitting a “Contact Us” form at  https://www.wakemed.org/contact-us or calling us at (919) 350-8000. When doing so, please provide us with your exact name, email and/or postal address, and telephone number. We will be sure your name is removed from our mailing lists and added to our “do-not-contact/share” list within a few days.

Payment Portal

We supply information to the service providers and payment gateways that enable us to process credit card payments. Credit card information may be stored temporarily to process refunds and/or recurring payments, as requested at the time of disclosure. When utilizing those payment gateways or service providers, you will be subject to that provider’s terms of use and privacy policy.

Other Sites

As a resource to our visitors, we provide links to other sites. We try to carefully choose sites that we believe are useful and meet our standards. However, we do not guarantee the standards of every site to which we link, nor are we responsible for the content of non-WakeMed sites. Links to external sites may be provided only for convenience and/or for informational purposes, and in no way constitute an endorsement by WakeMed.

Please be aware that third-party sites that have links on our sites may collect personally identifiable information from you. These third parties may also use cookies or other tracking technologies to collect information about you when you use our Site. The information they collect may be associated with your personally identifiable information or they may collect information, including personally identifiable information, about your online activities over time and across different sites and other online services. They may use this information to provide you with targeted content. We do not control these third parties’ tracking technologies or how they may be used. The information practices of those sites linked to us, either through advertisements or other hyperlinks, are not covered by this Privacy Policy. We suggest that when linking to another site, you always read that site’s privacy policy before volunteering any personally identifiable information on that site.

Children

This Site (with the exception of the MyChart portal made available to adolescent patients) is not intended for children under the age of 18. We will not knowingly collect personally identifiable information through this Site from visitors under the age of 18. If you believe we might have any information from or about a child under the age of 18, please contact us by any of the means listed in our “How to Contact Us” section below.

Security

We have implemented reasonable safeguards that help assure that we commit to collect, process, and use personal information in accordance with applicable laws. WakeMed operates networks protected by firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary.

The safety and security of your information also depends on you. Where we have given you (or you have chosen) a password for access to certain parts of the Site, you are responsible for keeping this password confidential. Do not share your password with anyone.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personally identifiable information, we cannot guarantee the security of your personally identifiable information transmitted through the Site. Any transmission of personally identifiable information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

Updating Your Information

You may contact us through the contact processes identified above if you believe information you have submitted to us through the Site is incorrect. Your information can only be deleted in accordance with our data retention policy and as permitted by law. Further, information may remain in databases, access logs, backup media, and other records. We cannot update or remove information from records of third parties.

Terms of Use

Effective Date: December 1, 2022

THIS DOCUMENT CONCERNS YOUR RIGHTS AND OBLIGATIONS, AS WELL AS ANY CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

This website is intended for informational purposes only and not intended to replace any discussion with a healthcare provider. This website does not give medical advice or create a physician-patient relationship. If you have any questions regarding the content of this website, please contact our customer service telephone line at (919) 350-8120.

Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this website.

THIS WEBSITE IS NOT INTENDED FOR USE IN AN EMERGENCY. IF YOU THINK YOU ARE HAVING A MEDICAL EMERGENCY, DIAL 911 OR PROCEED TO YOUR NEAREST EMERGENCY DEPARTMENT.

Introduction

These Terms of Use (or “Terms”) are entered into by and between you and WakeMed, a private, not-for-profit health care organization based in Raleigh, North Carolina (referred to in these Terms of Use as ‘‘WakeMed,’’ ‘‘we,’’ ‘‘us,’’ or ‘‘our’’). These Terms, together with WakeMed’s Privacy Policy, which can be found at www.wakemed.org/documents/regulatory/website-privacy-policy.pdf (“Privacy Policy”), govern your access to and use of this website, including any content, functionality, products, and services delivered through wakemed.org (collectively, the ‘‘Site’’). By using or accessing the Site, registering with the Site, or by clicking to accept or agree to these Terms of Use when this option is made available to you, you signify your agreement to be bound by these Terms of Use and WakeMed’s Privacy Policy, which is incorporated herein by reference.

Changes to These Terms of Use

We will update these Terms from time to time and update the Effective Date accordingly. Your continued use of the Site after changes have been made is deemed to be acceptance of those changes, so we encourage you to periodically review the Terms. Your access to or use of the Site is subject to the Terms in effect at the time of such access or use. However, if we make material changes to these Terms of Use, we will notify you either through the email address you have provided us (if you agreed to be contacted by email) or by means of a prominent notice on the Site before the change becomes effective. If you agreed to be contacted by email, you are responsible for ensuring we have an up- to-date active and deliverable email address for you. If any part of these Terms of Use or any future changes to these Terms of Use are not acceptable to you, you must not use or access the Site.

Eligibility

THIS SITE IS OFFERED AND AVAILABLE TO USERS WHO ARE 18 YEARS OF AGE OR OLDER.

YOU MAY NOT REGISTER WITH OR INTERACT WITH THE SITE IF YOU (A) DO NOT AGREE TO THESE TERMS OF USE AND PRIVACY POLICY, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SITE OR ANY OF THE SITE’S CONTENTS OR SERVICES BY APPLICABLE LAW. THE SOLE EXCEPTION TO THE AGE RESTRICTION IS ACCESS BY ADOLESCENTS TO THE ELECTRONIC HEALTH RECORD PORTAL CONSISTENT WITH WAKEMED POLICY.

YOU MAY NOT OBTAIN PRODUCTS OR SERVICES FROM THE SITE OR APPLY FOR EMPLOYMENT THROUGH THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS OF USE AND PRIVACY POLICY, (B) ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH WAKEMED, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SITE OR ANY OF THE SITE’S CONTENTS OR SERVICES BY APPLICABLE LAW.

IF YOU USE ANY PART OF THE SITE OR REGISTER FOR ANY OF ITS PRODUCTS OR SERVICES ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU AFFIRM YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS OF USE.

BY USING ANY PART OF THE SITE, REGISTERING FOR ANY OF ITS PRODUCTS OR SERVICES, OR APPLYING FOR EMPLOYMENT THROUGH IT, YOU REPRESENT AND WARRANT THAT YOU MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS AND YOU AFFIRM THAT YOU ACCEPT AND ARE BOUND BY THESE TERMS OF USE. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT USE OR ACCESS THE SITE.

Intellectual Property

These Terms of Use permit you to use the Site exclusively for your personal and other non- commercial use. The Site and all information and content contained therein is protected by contract law and various intellectual property laws, including domestic and international copyright laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except that your computer or other device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, and you may store files that are automatically cached by your web browser for display enhancement purposes. Subject to the restrictions set forth in these Terms of Use, and except for content specifically and expressly made available for redistribution, you may print or download information from the Site only for your personal and other non-commercial use, and not for further reproduction, publication, or distribution, provided you keep intact all copyright and other proprietary notices.

These Terms of Use do not grant you any right, title, interest, or license (express or implied) to any patent, trademark, service mark, copyright, trade secret, or other intellectual property right of WakeMed. Modification of any content on the Site is explicitly prohibited. You are also prohibited from utilizing this Site in any way that would damage its content or visibility for other visitors. As between WakeMed and you, WakeMed has and retains, as applicable, exclusive and valid ownership of the Site, the names and marks thereof, and all intellectual property, proprietary rights and documentation therein, and you acknowledge that the foregoing constitute valuable assets and may constitute trade secrets of WakeMed. WakeMed, and its associated logos, all page headers, custom graphics, and other icons are service marks, trademarks, registered service marks, or registered trademarks of WakeMed. All other product names and logos mentioned on the Site or in the information or content contained therein are trademarks of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Site without the prior written authorization of WakeMed. You agree that you will not remove, alter or obscure any copyright, legal, or proprietary notices in or on any portions of the Site or the information and content contained therein. WakeMed accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the ‘‘Act’’), WakeMed reserves the right to terminate your use of the Site or the information and content contained therein if it determines in its sole and absolute discretion that you are involved in infringing activity, regardless of whether such alleged infringement is a first-time or repeat occurrence and/or whether the material or activity is ultimately determined to be infringing.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. Specifically, you agree:

• not to use the Site in any way that violates federal, state, local, or international law or regulation, or generally accepted practices or guidelines in relevant jurisdictions (including any laws or regulations regarding the export of data or software to and from the United States or other relevant countries);
• that you will not use the Site to transmit or send unsolicited commercial communications;
• not to access (or attempt to access) the Site by any means other than through the interface that is provided by WakeMed;
• that you will not attempt to gain unauthorized access to, interfere with, damage, disrupt, or circumvent any of the security features of any part of the Site (or the servers, networks, and databases which are connected to the Site);
• not to access (or attempt to access) the Site through any automated means (including use of scripts or web crawlers);
• not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to the Site without WakeMed’s express written consent;
• not to introduce any spyware, viruses, Trojan horses, worms, keystroke loggers, rootkits, logic bombs, or other material which is malicious or technologically harmful to the Site (or the servers, networks, and databases which are connected to the Site);
• not to use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;
• that you will not edit or otherwise modify any content on the Site that is not owned by you or another person or entity for whom you act as their agent;
• that you will not engage in any activity that interferes with or disrupts the Site (or the servers, networks, and databases which are connected to the Site);
• that you will not impersonate or attempt to impersonate WakeMed, a WakeMed employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
• that you will not reproduce, redistribute, republish, duplicate, copy, display, sell, rent, sub- license, trade or resell any content or other aspect of the Site for any commercial purpose (except for content specifically and expressly made available for redistribution); and
• that you are solely responsible for (and that WakeMed has no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which you may suffer) of any such breach.

User Contributions

The Site may contain online forms, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, ‘‘Interactive Services’’) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, ‘‘post’’) content or materials (collectively, ‘‘User Contributions’’) on or through the Site. All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non- proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. These rights include a grant to us, our affiliated companies and sublicensees of an irrevocable, non-exclusive, worldwide, royalty-free, perpetual license (including without limitation a copyright license), with the right to sublicense, transmit, create derivative works of, publicly display, and publicly perform the User Contribution and publish your name in connection with your User Contribution. You agree that you will not receive any compensation or payment, and you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your User Contribution. We are not required to post or use any User Contribution, and we may remove any User Contribution at any time in our sole discretion.

You represent and warrant that: (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and (ii) all of your User Contributions do and will comply with these Terms of Use and the Privacy Policy.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not WakeMed, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to you or any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site. We make no representations about any User Contributions on the Site.

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for WakeMed.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
• Terminate or suspend your access to all or part of the Site for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS WAKEMED AND ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe or misappropriate any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Give the impression that they originate from or are endorsed by us or any other person or entity if this is not the case.

Copyright Infringement/Digital Millennium Copyright Act

If you believe that your work has been used on the Site in any manner that constitutes copyright infringement, please notify WakeMed’s designated copyright agent by written notice by personal delivery, overnight courier, or registered or certified mail to WakeMed, Attention: Chief Legal Officer, 3000 New Bern Avenue, Raleigh, NC 27610.

In order to be effective, your notice must include the following information, as provided for under the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(3):

• An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
• Identification of the copyright work you claim has been infringed, or, if multiple copyrighted works on our websites are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Your name, address, telephone number and, if available, an email address;
• A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
• A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.

All notices received by WakeMed that are not in compliance with the foregoing procedure will receive no response from us.

Informational Content

The information presented on or through the Site is made available solely for informational purposes or placing an order for products or services. WakeMed uses reasonable efforts to update the information on the Site. However, the contents of the Site are subject to change without notice. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties. All statements and/or opinions expressed in these materials, and all content other than the content provided by WakeMed, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of WakeMed. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Please contact us at (919) 350-8000 or complete our “Contact Us” form located at https://www.wakemed.org/contact-us if you have questions about the information presented on the Site.

Third Party Sites and Content

This Site may contain links to other Internet sites that our business partners and other third parties own or operate. Your use of each of those sites is subject to the terms and conditions, if any, that each of those sites have posted. We have no control over third party sites, and we are not responsible for any changes to or content on them. Our inclusion of any content is not an endorsement of that material or link or the companies that own or operate the material or linked sites.

Linking to the Website and Social Media Features

You may only link to the Site with the express written consent of the WakeMed Marketing and Communications Department, and in accordance with the requirements and restrictions provided by WakeMed Marketing and Communications. In no event may you establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. Requests for such consent should be directed to WakeMed Marketing and Communications, [contact info here].

Additionally, the Site may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Site.
• Send emails or other communications with certain content, or links to certain content, on this Site.
• Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of the Site other than the homepage.
• Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Sales of Products or Services

Any products or services offered through the Site through links to third party websites are subject to the terms and conditions of those third party websites. We disclaim all liability and responsibility arising from such third party websites and any products or services purchased through such websites.

Use of Electronic Health Records and Authorization for Payments

WakeMed utilizes third party service providers for its electronic health records and payment portals. When utilizing the electronic health records system or payment portals you will become subject to additional terms of use and privacy policies applicable to those systems or portals. By using the payment portal, you further authorize WakeMed to (1) establish and maintain payment authorizations; and (2) to process your payments according to your instructions.

Risk Allocation

No Medical Advice

The information provided through the Site is designed to support, not replace, any relationship that may exist between you and your health care providers. All information and content provided by WakeMed in connection with the Site is intended to be for general information purposes only and should not be considered a substitute for individual medical advice, diagnosis, or treatment.

NOTHING STATED OR POSTED ON THE WAKEMED SITE OR PROVIDED THROUGH THE WAKEMED SITE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE, NOR IS IT INTENDED IN ANY WAY TO CREATE A PROVIDER-PATIENT RELATIONSHIP AS DEFINED BY STATE OR FEDERAL LAW. USERS SHOULD SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS REGARDING A MEDICAL CONDITION AND FOR DIAGNOSIS AND TREATMENT. USERS SHOULD NOT USE THE SITE FOR EMERGENCY MEDICAL NEEDS.

No Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY PRODUCTS, SERVICES, OR OTHER ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY ADVICE, PRODUCTS, SERVICES, OR OTHER ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN ‘‘AS IS’’ AND ‘‘AS AVAILABLE’’ BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER WAKEMED NOR ANY PERSON ASSOCIATED WITH WAKEMED MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER WAKEMED NOR ANYONE ASSOCIATED WITH WAKEMED REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY ADVICE, PRODUCTS, SERVICES, OR OTHER ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY ADVICE, PRODUCTS, SERVICES, OR OTHER ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS OR CONSTITUTE AN ACCURATE DIAGNOSIS OF ANY MEDICAL ISSUE.

YOU ACKNOWLEDGE THAT WAKEMED DOES NOT CONTROL THE TRANSFER OF DATA OVER THE INTERNET AND THAT USE OF AND ACCESS TO THE SITE WILL BE SUBJECT TO THE LIMITATIONS INHERENT IN THE USE OF THE INTERNET. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

IN NO EVENT WILL WAKEMED, ITS PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR DAMAGES, LOSSES, OR EXPENSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO THE SITE, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, OR ANY PRODUCTS, SERVICES, OR OTHER ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, WRONGFUL DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT LIABILITY CANNOT BE EXCLUDED OR DISCLAIMED, WAKEMED’S LIABILITY IS LIMITED TO PROVEN DIRECT DAMAGES NOT TO EXCEED FIVE US DOLLARS ($5.00 USD).

Modifications, Interruption of Service and Account Security

WakeMed reserves the right to modify or discontinue this Site with or without notice to you. WakeMed shall not be liable to you or to any third party should WakeMed exercise its right to modify or discontinue the Site. We do not guarantee continuous, uninterrupted, or secure access to our Site. The operation of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control or through acts of God.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if in our opinion you have violated any provision of these Terms of Use.

Information About You and Your Visits to the Website

WakeMed collects certain information about you when you visit the Site. We explain what information we collect and how we use such information in our Privacy Policy. WakeMed’s Privacy Policy, as it may change from time to time, is a part of these Terms of Use and is incorporated herein by reference. WakeMed reserves the right to use and disclose your information in a manner consistent with the Privacy Policy.

Geographic Restrictions

WakeMed is based in the State of North Carolina in the United States of America and the Site is intended solely for residents of the United States. WakeMed makes no representations that the information on the Site is appropriate or available for use outside of the United States. This Site should not be used outside of the United States. Use of or access to the Site may not be legal by certain persons or in certain countries. By using or accessing this Site, you do so at your own risk and are responsible for compliance with the laws and regulations of your own jurisdiction and any jurisdiction from which you access or use the Site.

Indemnification

You agree to defend, indemnify and hold harmless WakeMed, its affiliates, and their successors and assigns or licensees, together with any of their respective board members, officers, directors, and employees from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees and costs) arising out of or relating to your violation of these Terms of Use or Privacy Policy or your use of the Site, including, but not limited to, any use of the Site’s content or services other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

General

Governing Law

These Terms of Use and all matters arising from it are governed by and construed in accordance with the laws of the State of North Carolina, exclusive of its choice of law rules, whose courts shall have exclusive jurisdiction over all disputes arising in connection with these Terms of Use and the place of performance of these Terms of Use is agreed by you to be the State of North Carolina. In any action to enforce these Terms of Use or the Privacy Policy, the prevailing party will be entitled to costs and attorneys’ fees. Any action against WakeMed must be brought in Raleigh, North Carolina. Nothing in these Terms of Use limits a party’s ability to seek equitable relief. WakeMed shall be entitled to reasonable attorneys’ fees and costs in connection with enforcing any provision of these Terms of Use.

No Waivers

No waiver by WakeMed of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition, and any failure by WakeMed to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms of Use without our prior written consent. Any purported assignment or delegation in violation of this prohibition on assignment is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use.

Notices

We may provide any notice to you under these Terms of Use by: (i) sending a message to the e- mail address you provide (if you agreed to be contacted by email) or (ii) posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. If you agreed to be contacted by email, it is your responsibility to keep your email address current.

To give us notice under these Terms of Use, you must contact us as follows: (i) by sending a message to us via our “Contact Us” form located at https://www.wakemed.org/contact-us; or (ii) by personal delivery, overnight courier, or registered or certified mail to WakeMed at 3000 New Bern Avenue, Raleigh, NC 27610. We may update the email address or mailing address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

Consent to Electronic Communications

By using or accessing the Site, you consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

Entire Agreement

These Terms of Use, together with any documents expressly referred to in them, constitute the entire agreement between you and WakeMed with respect to the Site, and supersedes all previous written or oral agreements.

Reformation/Blue-Pencil

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.

Limitations or Exclusions Not Applicable

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability and that of our third party content providers and their respective agents shall be limited to the greatest extent permitted by law.

Contact Information

All feedback, comments, requests for technical support and other communications relating to the Site should be directed to WakeMed at (919) 350-8120 or through our “Contact Us” form located at https://www.wakemed.org/contact-us.