MHM
Terms

Terms of Use

Methodist Healthcare Ministries of South Texas, Inc.
TERMS OF USE
Effective as of April 29, 2011

Welcome to www.mhm.org (the “Site”) the website and online presence of Methodist Healthcare Ministries of South Texas, Inc. of South Texas, Inc. (“Methodist Healthcare Ministries of South Texas, Inc.”, “MHM”, “we”, or “us”).

THE TERMS OF USE SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THE SITE VIA THE INTERNET, THE WORLD WIDE WEB, MOBILE NETWORKS, OR ANY OTHER COMMUNICATION METHODS NOW KNOWN OR IN THE FUTURE DEVELOPED.   IN CONSIDERATION FOR ACCESS TO AND/OR USE OF THE SITE, YOU ("YOU", “YOUR”, “USER”, OR, COLLECTIVELY, "USERS”) AGREE TO READ THE TERMS CAREFULLY BEFORE ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS, AND YOU AGREE TO BE BOUND BY THE TERMS.  THE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND MHM, AND GOVERN YOUR ACCESS TO AND/OR USE OF THE SITE.  IF YOU DO NOT AGREE WITH ANY OF THE TERMS, CLOSE THE SITE DOWN IMMEDIATELY AND DO NOT ACCESS OR OTHERWISE USE WWW.MHM.ORG OR ANY INFORMATION CONTAINED ON THE SITE.

I. Definitions.

a. “Affiliate” means any business entity with which MHM has a business or contractual relationship, including, but not limited to, agents, partners, associates, and parent or subsidiary entities. 

b.  “Content” means any intellectual property, data, or communications Transmitted via the Site by MHM or Users including, but not limited to, articles, audio, blog postings, comments, documents, editorial content, featured site profiles, files, images, listings, logos, messages, music, photos, postings, questions and answers, ratings, recommendations, reviews, sounds, site profiles, tags, text, trademarks, or videos.

c.MHM Content” means Content Transmitted by MHM.

d. “MHM Technology" means the past, present and future intellectual property comprising the Site, including, but not limited to, all software, code processes, algorithms, user interfaces, know-how, techniques, organization, designs, text, images, photographs, illustrations, audio or video material, artwork, graphic material, podcasts, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectable elements of the Site and all other tangible or intangible materials related to, displayed, performed, or distributed on the Site and the Site itself, including, but not limited to, the selection, sequence,  "look and feel", and arrangement of items on the Site, and all MHM trademarks, domain names, patents, and other intellectual property.
e. “Transmit” means uploading, submitting, posting, distributing, downloading, disseminating, receiving, or otherwise making available Content.
f. “User” means an individual who accesses and/or uses the Site.
g. “User Content” means any Content Transmitted by Users.
h. “Your Content” means any Content You Transmit via the Site.

II. Age Requirement.  THE SITE IS NOT INTENDED FOR CHILDREN.  IF YOU ARE UNDER 18 YEARS OF AGE, THEN YOU MAY NOT ACCESS OR USE THE SITE AT ANY TIME OR IN ANY MANNER.  BY USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE.

III. Privacy.  MHM respects Your privacy and is committed to protecting the personally-identifiable information we collect from all Users as You access and/or use the Site via the internet, the world wide web, mobile networks, or any other communication methods now known or in the future developed.  Your use of the Site is governed by the Site’s Privacy Policy, and is hereby incorporated into the Terms of Use by reference.  Please read this notice carefully for information related to MHM’ collection, use, and disclosure of Your personal information.

IV. Change of Terms of Use.  MHM or an Affiliate may modify, alter, or otherwise update the Terms at any time.  Such modifications shall be effective immediately upon posting.  You are responsible for regularly reviewing the Terms.  Your continued access to and/or use of the Site constitutes Your agreement to all such modifications.

V. Personal Non-Commercial Use Only.  Content on the Site and in MHM related emails are provided to You at Your convenience.  This Content is available only for Your personal non-commercial use and all other use is prohibited, unless otherwise stipulated in a separate agreement between You and MHM. 

VI. MHM Content.  Unless otherwise noted, all Content on the Site is MHM Content and is owned, controlled, or licensed by MHM and is protected by copyright, trademarks, service marks, and/or other intellectual property rights.  You agree that You shall acquire no rights in MHM Content unless otherwise noted in writing by MHM.  You may not copy, reproduce, frame, republish, download, upload, post, transmit, distribute, hyperlink, or exploit MHM Content for commercial use in any way without the prior written consent of MHM.  You may not take any of the following actions or encourage others to take the following actions:  1) use the Site to increase traffic to Your website for commercial reasons, such as advertising or sales; 2) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure; 3) “scrape” the Site, or use any bot, spider, scraper, data miner, or automated agent to access and/or or use the Site or gain access to and/or use any Content on the Site; 4) take Content from the Site and reformat and display said Content, or mirror and/or frame any pages of the Site on any other website; or 5) attempt to decipher, decompile, disassemble, or reverse engineer any Content.  You acknowledge that if You violate this provision of the Terms, in addition to all other remedies available to MHM, we will be entitled to liquidated damages in the amount of $10,000. You agree and acknowledge that these liquidated damages are a fair and accurate estimate of MHM‘s actual damages resulting from a breach of this provision and shall not be construed as penalty or punitive damages against you. 

a. License to Access and/or Use.  MHM grants You a limited, personal, non-exclusive, non-transferable, freely revocable license to access and/or use MHM Content & MHM Technology that is on the Site solely for the purpose of learning about MHM’s services.  You acknowledge and agree that with exception to this limited license You have no right to modify, edit, copy, reproduce, create derivative works, or reverse engineer, alter, enhance, or in any way exploit any of the MHM Content in any manner unless otherwise noted in writing by MHM.  This limited license terminates automatically, without notice to You, if You breach any of the Terms. 

b. Reservation of Rights.  MHM reserves all rights not expressly granted in the Terms unless otherwise noted in writing by MHM.

c. Prevention of Unauthorized Use.  MHM reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Site and MHM Content, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.

VII. User Content.  Users may Transmit User Content to MHM via the Site and via the email addresses and fax number provided on the Site that can be accessed and/or used by other Users.

a. Retention of Ownership.  MHM does not claim any ownership rights in Your Content.  After You Transmit Your Content to MHM, You continue to retain ownership of Your Content, and You continue to have the right to use and license Your Content in any way You choose.  Any of Your Content transmitted via MHM Technology needs to comply with the Terms

b. License Grant to MHM.  By Transmitting Your Content on the Site, via MHM Technology, or to MHM, You thereby grant MHM a worldwide perpetual sub-licensable right and license to use, display, perform, distribute, modify, adapt, abridge, exploit, and promote Your Content in any way and in any commercial or non-commercial medium or form without compensation.

You acknowledge that MHM reserves the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display, or transmit any Content through or on the Site in whole or in part at any time for any reason or no reason with or without notice and with no liability of any kind.

If Your Content is removed from the Site, it may also be deleted at the discretion of MHM. We encourage You to be sure You are comfortable with this possibility before Transmitting Your Content via the Site.  You should be aware that MHM is under no obligation to and may not keep back-up copies of Your Content.  Additionally, MHM makes no guarantee that Your Content will be safely stored on the Site and You should independently back-up Your Content.

c. License Grant to Other Members.  By Transmitting Your Content on the Site, via MHM Technology, or to MHM, You thereby grant to each User that is authorized to access Your Content a non-exclusive license to access, use, and/or Transmit Your Content under the Terms.  Notwithstanding the foregoing, You hereby grant to each User that is authorized to access Your Content at least a limited, non-exclusive, license to view, Transmit, print, and have printed Your Content for personal use in the manner contemplated by the Terms. 

d. User Content Representations and Warranties.  You are solely responsible for Your Content and all the consequences of Transmitting Your Content.  By Transmitting Your Content, You affirm, represent, and warrant that (i) You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and MHM to use Your Content as necessary to exercise the licenses granted by You in this section and in the manner contemplated by MHM and the Terms; (ii) Your Content does not and will not slander, defame, or libel any other person; (iii) the use of Your Content as permitted herein does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (iv) Your Content does not contain any viruses, adware, spyware, worms, or other malicious code; and (v) Your Content is free of any digital rights management, including any software designed to limit the number of times Your Content may be copied or played.  Violators of the Terms may be subject to criminal and civil liability.  MHM reserves all rights and remedies against any Users who violate the Terms.

e. User Content Disclaimer.  You understand that when using the Site You will be exposed to User Content from a variety of sources, and that MHM is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Content.  You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or otherwise inappropriate, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against MHM with respect thereto.  MHM does not endorse any User Content and cannot vouch for its accuracy or appropriateness or any opinion, recommendation, or advice expressed therein, and MHM expressly disclaims any and all liability in connection with User Content.  If notified by a User or a Content owner of User Content that allegedly does not conform to the Terms, MHM may, but is under no obligation to, investigate the allegation and determine in its sole discretion whether to remove the User Content, which it reserves the right to do at any time and without notice.  For clarity, MHM does not permit copyright or trademark infringing activities on the Site.

f. Removal of User Content.  MHM may, but is under no obligation to, monitor Your conduct with respect to Your use of the Site for violations of the Terms.  MHM may remove any or all of Your Content posted on or through the Site and/or terminate Your access to and/or use of the Site if MHM suspects a violation of the Terms.  MHM may also remove any or all of Your Content posted on or through the Site and/or terminate Your access to and/or use of the Site if MHM deems it necessary in order to protect the Site, MHM, its parent, Affiliates, directors, officers, agents, and employees from any form of harm.

VIII. Unsolicited Suggestions.  MHM welcomes Your feedback and is open to suggestions made by Users.  By submitting unsolicited suggestions, You agree that MHM may, but shall have no obligation to, use, modify, distribute, copy, and otherwise exploit such suggestions in any manner, as MHM sees fit, without restriction or limitation of any kind, and You grant to MHM  a paid-in-full, worldwide perpetual, irrevocable, royalty-free license to do so and to allow others to do so, and agree not to permit or prosecute any action or lawsuit on the ground that MHM’s use or alleged use of a suggestion infringes any of Your rights.

IX. Digital Millennium Copyright Act Policy.  MHM takes intellectual property rights very seriously and demands the same from all Users.  MHM will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”).  The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement.  When a valid DMCA notification is received, the service provider responds under this process by taking down the offending Content.  On taking down Content under the DMCA, we will take reasonable steps to contact the owner of the removed Content so that a counter-notification may be filed.  On receiving a valid counter-notification, we generally restore the Content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.

PLEASE NOTE THAT THESE NOTIFICATIONS AND COUNTER-NOTIFICATIONS ARE REAL-WORLD LEGAL NOTICES PROVIDED OUTSIDE THE SITE.  MHM MAY PROVIDE COPIES OF SUCH NOTICES TO THE PARTICIPANTS IN THE DISPUTE OR THIRD PARTIES, AT OUR DISCRETION AND AS REQUIRED BY LAW — THE PRIVACY POLICY DOES NOT PROTECT INFORMATION PROVIDED IN THESE NOTICES.

a. Notice of Infringement.  If You are a copyright owner and have a good faith belief that any Content posted on or transferred through the Site infringes on Your copyrights, You may send MHM’s designated Copyright Agent a written notification pursuant to Section 512 of the DMCA.  The notice of infringement must contain the information specified below in the following format:

(i) identify in sufficient detail the copyrighted work claimed to have been infringed; if multiple copyrighted works are covered by a single notice of infringement letter, provide a representative list of such works;

(ii) identify in sufficient detail the material that is claimed to be infringing and information reasonably sufficient to permit MHM to locate the material on the Site (e.g., provide the Uniform Resource Locator, “URL,” of the material claimed to be infringing);

(iii) provide information reasonably sufficient to permit MHM to contact You (e.g., a street address, telephone number, and email address if available);

(iv) provide a statement that You have a good faith belief that the use of the copyrighted material in the manner described in the notice letter is not authorized by the copyright owner, its agent, or the law;

(v) provide a statement, made under penalty of perjury, that the information provided in the notice letter is accurate, and that You are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

(vi) provide the physical or electronic signature of the copyright owner or someone authorized to act on the owner's behalf.

The notice of infringement letter must be submitted to MHM’s Designated Copyright Agent by mail or email as set forth below:

Methodist Healthcare Ministries of South Texas, Inc.
Attn: Designated Copyright Agent
4507 Medical Drive
San Antonio, Texas 78229
Phone:  +1 (800) 959-6673
Fax: +1 (210) 614-7563

Be advised that failure to comply with all of the above requirements may invalidate Your Notice of Infringement under the DMCA.

MHM’s response to a proper Notice of Infringement will be to remove or disable access to the Content claimed to be infringing and notify the alleged infringer of Your claim so he or she can submit a Counter Notice to MHM.

b. Counter Notice.  If Your Content was removed or access was blocked and You have a good faith belief that it is not infringing on any copyrighted material, You may send MHM a written, Counter Notice pursuant to Section 512 of the DMCA.  The Counter Notice must contain the information specified below in the following format:

(i) identify in sufficient detail the Content that MHM has removed or to which MHM has disabled access and the location of the material (e.g., the URL) before it was removed/disabled;

(ii) provide Your name, address, telephone number, and email address;

(iii) a statement that You consent to the jurisdiction of the federal district court in which your address is located, and a statement that You will accept service of process from the person who provided notification of the alleged infringing activity;

(iv) provide a statement, made under penalty of perjury, that You have a good faith belief that the material was removed/disabled as a mistake or misidentification of the material; and

(v) provide Your physical or electronic signature.

The Counter Notice must be submitted to MHM’s Designated Copyright Agent by mail, fax, or E-mail as set forth below:

Methodist Healthcare Ministries of South Texas, Inc.
Attn: Designated Copyright Agent
4507 Medical Drive
San Antonio, Texas 78229
Phone:  +1 (800) 959-6673
Fax: +1 (210) 614-7563

Be advised that failure to comply with all of the above requirements may invalidate Your Counter Notice under the DMCA.

If the Copyright Agent receives Your valid Counter Notice, MHM may, but is under no obligation to, restore Your removed Content or cease disabling, unless MHM receives notice from the alleged copyright owner that said party has filed a court action seeking to stop Your alleged infringement.

 

X. MHM Events and Classes. 

a. Registration.  Users maysign up and register forMHM sponsored events and classes via the Site.  As part of the registration process, You will be asked to voluntarily provide MHM with personally identifiable information applicable to Your registration.  You represent and warrant that all personally identifiable information You voluntarily provide to MHM as part of the registration process is accurate, complete, and up to date.  You agree and warrant that MHM shall not be responsible for any failure on Your part to provide accurate, complete, and up to date information that may or may not inhibit the registration process.  You understand that all personally information that You voluntarily provide will be governed by the Site’s Privacy Policy.

b. Payment.  Some MHM sponsored events and classes may require Users to pay a fee in order to register.  MHM accepts payment of such fees via PayPal.  All such fees are stated in U.S. Dollars.

c. Refunds or Exchanges.  If You are unable to attend an event or class or an event or class is canceled, moved, or rescheduled, MHM may or may not, in its sole discretion, refund Your registration fee or allow You to register for another event or class in exchange for Your prior registration fee.  Such refunds/exchanges may or may not be subject to an inconvenience fee determined in the sole discretion of MHM. 

d. Conduct.  Registration for an event or class is a revocable license that requires that You abide by the Terms and any event or class rules.  MHM reserves the right, without refund of any registration fee paid, to refuse admission to, or eject any person whose conduct MHM deems disorderly, who uses vulgar or abusive language, or who fails to comply with Event or Class rules, in the sole discretion of MHM.  Breach of the Terms or failure to abide by event or class rules, will terminate Your license to attend the event or class without refund. 

XI. User Disputes.  While MHM reserves the right, but is under no obligation, to monitor or moderate disputes between You and Users on the Site, You are solely responsible for Your interactions with other Users on or offline.

XII. Links to Other Websites or Services.  The Site may include links or references to other websites or services (“Linked Sites”).  Linked Sites are provided for Your convenience and information only.  MHM does not control the availability and content of Linked Sites.  Access and/or use of Linked Sites, including the information, materials, products, and services on or available through Linked Sites is solely at Your own risk.  Any concerns regarding Linked Sites, or any information, resources, or services therein, should be directed to the operator of the particular Linked Site.

XIII. Changes to the Site.  MHM or an Affiliate may discontinue or change any Content, service, function, or feature of the Site at any time with or without notice.
XIV. Disclaimer of Warranties.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MHM, OUR SUPPLIERS, LICENSORS, AND AFFILIATES, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS WITH REGARDS TO THE SITE AND ALL CONTENT ON THE SITE. 

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK.  THE SITE AND ALL CONTENT THEREON IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.

MHM, OUR SUPPLIERS, LICENSORS, AND AFFILIATES DO NOT WARRANT THAT THE DATA, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SITE OR ANY LINKED SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

MHM, OUR SUPPLIERS, LICENSORS, AND AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR ANY LINKED SITES IN TERMS OF USE OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

XV. Limitation of Liability and Damages.  UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MHM, OUR AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE CONTENT ON THE SITE OR ANY LINKED SITES, OR ANY OTHER INTERACTIONS WITH MHM, EVEN IF MHM  OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.  THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THE TERMS OF USE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

USERS WHO ARE CALIFORNIA RESIDENTS AGREE TO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

XVI. Indemnification.  You agree to indemnify, defend, and hold MHM, our Affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to Your Content, Your violation or alleged violation of the Terms, or access and/or use of the Site.

XVII. Waiver.  The failure of MHM to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision.  Any waiver of any provision of the Terms will be effective only if in writing and signed by duly authorized agent of MHM.

XVIII. Governing Law.  The Terms will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law.

XIX. Jurisdiction.  You agree that any action at law or in equity arising out of or relating to the Terms Of Use or MHM will be filed only in the state or federal courts in and for San Antonio, Bexar County, Texas, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action and expressly submit to extraterritorial service of process.

XX. Dispute Resolution.  You agree to first try to resolve any controversy, claim, or dispute arising out of or relating to the Terms or the access and/or use of the Site, with the help of a mutually agreed upon mediator in San Antonio, Bexar County, Texas.  Any costs and fees other than attorney fees associated with the mediation shall be shared equally by the parties.  Attorney fees associated with the mediation shall be paid by the respective parties.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, You agree to submit the dispute to binding arbitration in San Antonio, Bexar County, Texas.  Such arbitration shall be conducted in accordance with the then prevailing consumer arbitration rules of the American Arbitration Association (AAA), and judgment on the award rendered by the arbitrator(s) may be entered in the state or federal courts in and for San Antonio, Bexar County, Texas.  The parties agree to abide by all decisions and awards rendered in such proceedings.  Such decisions and awards rendered by the arbitrator shall be final and conclusive and may be entered in any court having jurisdiction thereof as a basis of judgment and of the issuance of execution for its collection.  All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity.  The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend this Agreement.  The arbitrator shall be required to follow applicable law.

IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES INAPPLICABLE, THEN YOU, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO.

XXI. Attorney Fees.  If any litigation or arbitration is necessary to enforce the Terms the prevailing party shall be entitled to reasonable attorney fees, costs, and expenses.

XXII. International Use.  MHM makes no representation that Content on the Site is appropriate or available for use in locations outside the United States.  If You choose to access and/or use the Site from a location outside the U.S., You do so on Your own initiative and You are responsible for compliance with local laws.

XXIII. Severability.  If any provision of the Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

XXIV. Assignment.  Your rights and licenses under the Terms may not be transferred or assigned by You, but may be assigned by MHM without restriction.  Any assignment attempted to be made in violation of the Terms shall be void.

XXV. Headings.  The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.

XXVI. Relationship.  The Terms create no agency, partnership, joint venture, or employee-employer relationship between You and MHM  unless otherwise noted in writing by MHM.

XXVII. Entire Agreement.  The Terms are the entire agreement between You and MHM relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms made by MHM as set forth in Section IV of the Terms.

XXVIII. Contact Information

Any comments, complaints, or requests for further information can be directed to:

Methodist Healthcare Ministries of South Texas, Inc.
4507 Medical Drive
San Antonio, Texas 78229
Phone:  +1 (800) 959-6673
Fax: +1 (210) 614-7563

In accordance with California Civil Code Section 1789.3, California Residents may also direct any complaints to the Complaint Assistance Unit of the Division of Consumer Services of The California Department of Consumer Affairs at:

1625 North Market Blvd., Suite N 112
Sacramento, CA  95834
Phone: (800) 952-5210

Seeing the relief on the parents' faces after we have connected them to much-needed resources is indescribable.

MHM Social Worker
Best Places to Work 2016