South Bend Medical Foundation (SBMF) Terms of Use

1) Acceptance of These Terms

By accessing or using sbmf.org (the “Site”), you agree to these Terms of Use (the “Terms”) and to our Privacy Policy. If you do not agree, do not use the Site.

These Terms form a binding agreement between you and SBMF. If you are using the Site on behalf of an organization, you represent that you have authority to bind that organization.

2) Who May Use the Site

This website is provided for informational use by individuals or organizations that access it in compliance with these Terms of Use. Use of this site is permitted only for lawful purposes and in accordance with applicable regulations.

3) Not Medical Advice; Emergencies

Content on the Site is provided for general informational purposes only and is not medical advice. Do not rely on Site content for diagnosis or treatment. For medical questions, contact a qualified healthcare professional. Call 911 or your local emergency number for any medical emergency.

4) HIPAA and Patient Information

The Site is not intended for transmitting Protected Health Information (PHI). PHI we create or receive in connection with laboratory or clinical services is governed by SBMF’s HIPAA Notice of Privacy Practices (available upon request). Do not submit PHI through general contact forms.

5) Your Responsibilities

You agree to:

• Use the Site only for lawful purposes and in accordance with these Terms.
• Provide accurate information in any forms or submissions;
• Maintain the security of any login credentials (if accounts are offered);
• Notify us promptly of any unauthorized use of your account or the Site.

Prohibited Uses include, without limitation:
(i) attempting to access non-public areas of the Site; (ii) introducing viruses, malware, or harmful code; (iii) interfering with the Site’s operation or security; (iv) data scraping, automated harvesting, or bulk collection without our written consent; (v) infringing any third-party rights; (vi) using the Site to harass, abuse, or harm others; and (vii) any activity that violates applicable law.

6) Accounts, Registrations, and Donor Tools

Certain Site features (e.g., event registration, donor scheduling tools, or newsletters) may require registration. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

We may refuse or cancel registrations, or suspend or terminate access, for any reason permitted by law.

7) Donations and Payments

If the Site links to donation pages or accepts payments, those transactions may be processed by third-party payment providers. SBMF does not control and is not responsible for third-party platforms. Review their terms and privacy policies before submitting payment information. All donations are subject to the terms posted at the point of donation.

8) User Submissions & Feedback

If you submit content, questions, feedback, or suggestions (collectively, “Submissions”), you grant SBMF a nonexclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, and display your Submissions for Site operations and SBMF’s business purposes, without compensation. You represent that your Submissions do not infringe others’ rights and do not include PHI or other sensitive data inappropriate for web forms.

9) Intellectual Property

All content on the Site—including text, graphics, logos, icons, images, audio/video clips, software, and the selection and arrangement thereof—is owned by or licensed to SBMF and protected by intellectual property laws. Except as expressly allowed by these Terms or applicable law, you may not copy, reproduce, distribute, modify, create derivative works from, publicly perform, or publicly display any Site content without our prior written consent.

Trademarks. SBMF names and logos are trademarks of South Bend Medical Foundation. Other names and logos may be trademarks of their respective owners. Nothing in the Site grants any license or right to use any trademark without written permission.

10) Third-Party Sites and Services

The Site may link to third-party websites, platforms, or services (e.g., maps, analytics, job application systems, event registrations). SBMF is not responsible for third-party content, policies, or practices. Your use of third-party services is at your own risk and subject to their terms.

11) Privacy and Cookies

Your use of the Site is subject to our Privacy Policy, which explains how we collect, use, and disclose information, and our use of cookies/related technologies. By using the Site, you consent to those practices.

12) Communications; Texts and Emails

If you opt to receive communications (e.g., donor reminders, newsletters, event notices), you consent to receive emails and, where you opt in, SMS/text messages. Message and data rates may apply. You may opt out at any time using the provided methods (e.g., “unsubscribe” links, replying STOP to texts). Opting out may affect your ability to receive certain information.

13) Accessibility

SBMF is committed to making the Site accessible. If you experience difficulty accessing content, please contact us using the information in Section 21 so we can assist and continually improve accessibility.

14) Disclaimer of Warranties

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, SBMF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, and any warranties arising from course of dealing or usage of trade. We do not guarantee that the Site will be uninterrupted, secure, error-free, or free of viruses or other harmful components.

15) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SBMF AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING FROM OR RELATED TO YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ALL CASES, SBMF’S TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE SITE SHALL NOT EXCEED US $100 OR THE AMOUNT YOU PAID (IF ANY) TO USE THE SITE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER. Some jurisdictions do not allow certain limitations; portions of this section may not apply to you.

16) Indemnification

You agree to defend, indemnify, and hold harmless SBMF and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with: (a) your access to or use of the Site; (b) your Submissions; or (c) your violation of these Terms or applicable law.

17) Changes to the Site and to These Terms

We may modify or discontinue any part of the Site at any time without notice. We may also update these Terms from time to time. The “Effective Date” at the top indicates when these Terms were last revised. Your continued use of the Site after changes become effective constitutes your acceptance of the revised Terms.

18) Suspension and Termination

We may suspend or terminate your access to the Site, in whole or in part, with or without notice, for any conduct that we believe violates these Terms, applicable law, or is harmful to SBMF, our users, or the public.

19) Governing Law; Venue

These Terms and your use of the Site are governed by the laws of the State of Indiana, without regard to conflict of law principles. Subject to Section 20 (Dispute Resolution), you agree to the exclusive jurisdiction of state and federal courts located in St. Joseph County, Indiana for claims that are not subject to arbitration, and you waive any objection to such venue.

20) Dispute Resolution; Informal Resolution; Arbitration (Optional)

Before filing a claim, you agree to try to resolve disputes informally by contacting SBMF at the address in Section 21 and allowing 30 days for response. If not resolved, and if SBMF elects to include arbitration, any dispute may be submitted to binding arbitration on an individual basis under the rules of the American Arbitration Association. Class actions and class arbitrations are not permitted. Nothing prevents either party from seeking injunctive relief in court to prevent unauthorized access to, or misuse of, the Site or SBMF’s intellectual property.

If you prefer court-only dispute resolution, we can remove or revise this optional arbitration section. Let me know your preference.

21) Contact Information

South Bend Medical Foundation (SBMF)
Attn: Legal/Compliance – Website Terms
Address: 3355 Douglas Road, South Bend, IN 46635
Phone: 574-234-4176
Email: marketing@sbmf.org

22) Severability; Waiver; Entire Agreement

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver of our right to do so later. These Terms, together with the Privacy Policy and any additional terms posted for specific features, constitute the entire agreement between you and SBMF regarding the Site and supersede any prior agreements concerning the Site.