Social Media Terms of Use

BY USING OR POSTING TO ANY UNIVERSITY OF MIAMI SOCIAL MEDIA OR SOCIAL NETWORKING SITE OR SERVICE, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS.

The University of Miami (“UM”), which includes the Miller School of Medicine and UHealth – University of Miami Health System, has publicly facing pages on social media and social networking sites and services that enable users to access, view and post content, images, and/or videos. These social media and social networking sites and services include but are not limited to various apps, webpages, blogs, bulletin boards, networks, multi-media and news media sites or other user-generated content sites (collectively, the “Social Media Sites”). By accessing, viewing and/or posting any content related directly or indirectly to UM on any Social Media Site, you accept, without limitation or qualification, the following terms of use (“Policy”). If you do not agree to the terms of this Policy, you may not view or post any content to any Social Media Sites. The Social Media Sites are not intended to constitute any of the following: 1) the practice of medicine or the provision of health diagnosis or treatment; 2) the creation of a physician-patient or clinical relationship; or 3) an endorsement, recommendation or sponsorship of any product or service by UM or any of its affiliates, agents, employees, consultants or service providers. DO NOT USE THE SOCIAL MEDIA SITES FOR EMERGENCY MEDICAL SERVICES. IN THE EVENT OF AN EMERGENCY, DIAL 911, YOUR LOCAL EMERGENCY ASSISTANCE NUMBER AND/OR YOUR PERSONAL PHYSICIAN.

NO PROTECTED HEALTH INFORMATION

You are prohibited from posting any content that is personal health information, including patient images, on any Social Media Site. Please be advised that any information you submit on a Social Media Site is not protected by the Health Insurance and Portability Act of 1996 (HIPAA). You are also prohibited from using the Social Media Sites to provide medical advice or medical commentary or from using the Social Media Sites to make, recommend or increase referrals to physicians.

PROHIBITED CONTENT

As a user posting content to any Social Media Site, you agree that you will not: violate any local, state, federal and international laws and regulations, including but not limited to copyright and intellectual property rights laws regarding any content that you send or receive via this Policy; 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 solely determined in UM’s discretion; impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; transmit any material (by uploading, posting, email or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships; transmit any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising (including advertising of non-UM services or products), promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation; 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; harass another; or collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent; or to share confidential pricing information of any party.

NO ENDORSEMENTS

You may not provide any content to a Social Media Site that contains any product or service endorsements or any content that may be construed as political lobbying, solicitations or contributions or use the Social Media Sites to link to any sites or political candidates or parties or use the Social Media Sites to discuss political campaigns, issues or for taking a position on any legislation or law.

LINKED SITES

UM and its commenters may provide links to other websites for the purpose of convenience and for providing additional information only. A link does not constitute approval or an endorsement of the provider of the third party site or its content, quality, reliability or any other characteristic or feature of the third party site. UM is not responsible in any manner (including, without limitation, with respect to any loss or injury you suffer) for any matter associated with a linked site. UM MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE. YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any linked site is subject to terms and conditions applicable to that site. UM cannot ensure that all external links are active or appropriate.

NO WARRANTIES OR REPRESENTATIONS

THE SOCIAL MEDIA SITES ARE PROVIDED “AS-IS”, “AS AVAILABLE”, AND WITHOUT WARRANTY, EXPRESS OR IMPLIED. UM MAKES NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS OR COMPLETENESS OF ANY CONTENT ON A SOCIAL MEDIA SITE. UM ALSO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON A SOCIAL MEDIA SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, UM EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND RELATED TO THE SOCIAL MEDIA SITE(S), INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. UM EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACTIONS OF ANY PRACTITIONER OR OTHER INDIVIDUAL WHO USES THE SOCIAL MEDIA SITES.

LIMITATION OF LIABILITY

YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH A SOCIAL MEDIA SITE IS TO CEASE USE OF THE SITE(S). YOU EXPRESSLY UNDERSTAND AND AGREE THAT UM SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND (EVEN IF UM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO: (A) ERRORS IN OR OMISSIONS FROM THE SOCIAL MEDIA SITES; (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE SOCIAL MEDIA SITE(S); (C) THE UNAVAILABILITY OF THE SOCIAL MEDIA SITES OR ANY PORTION THEREOF; (D) YOUR USE OF AND ACCESS TO THE SOCIAL MEDIA SITES; (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SOCIAL MEDIA SITES; (F) ANY DIAGNOSIS OR TREATMENT MADE AFTER REVIEWING THE SOCIAL MEDIA SITES; (G) ANY VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE SOCIAL MEDIA SITES; OR (H) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SOCIAL MEDIA SITES.

RESERVATION OF RIGHTS

UM reserves the right to monitor, prohibit, restrict, block, suspend, terminate, delete, or discontinue your access to any Social Media Site, at any time, without notice and for any reason and in its sole discretion. UM may remove, delete, block, filter or restrict, by any other means, any materials in UM’s sole discretion. You understand and agree that UM may disclose your communications and activities with UM in response to lawful requests by governmental authorities, including Patriot Act requests, judicial orders, warrants or subpoenas, or for the protection of UM rights. You agree that in the event that UM exercises any of its rights hereunder for any reason, UM will have no liability to you.

UM’S RIGHT TO USE CONTENT

By posting any content on any Social Media Site, you grant to UM 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 UM purpose.

GOVERNING LAW & VENUE

You agree that any claim or dispute relating to or arising from your viewing or posting of any content on a Social Media Site shall be governed construed in accordance with the laws of the State of Florida without regard to its conflict of law provisions. You agree to be bound by subject to the exclusive jurisdiction of the state or federal courts located in Miami-Dade County, Florida, and hereby waive, to the fullest extent possible, the defense of an inconvenient forum.

AMENDMENTS TO POLICY

THIS POLICY MAY BE UPDATED AT ANY TIME WITHOUT NOTICE, AND EACH TIME A USER ACCESSES A SOCIAL NETWORKING SITE, THE NEW POLICY WILL GOVERN YOUR USAGE. TO REMAIN IN COMPLIANCE, UM SUGGESTS THAT YOU REVIEW THE POLICY, AS WELL AS THE OTHER WEBSITE POLICIES, AT REGULAR INTERVALS. BY CONTINUING TO VIEW AND POST CONTENT AFTER SUCH NEW TERMS ARE POSTED, YOU ACCEPT AND AGREE TO ANY AND ALL SUCH MODIFICATIONS TO THIS POLICY.