DPP Website User Agreement

Welcome! Holy Cross Hospital’s goal is to offer you a greatexperience with the Diabetes Prevention Program. We accomplish that goal byproviding a multitude of web-based services geared to deliver personalizedinstruction.

You may use the Web site, services, content, technologies and applicationsof www.holycrossdpp.com, and any subdomains or related domains,(collectively, the "Website ")onlyon the condition that you abide by thefollowing terms:

BY USING THE WEBSITE, ENGAGING OUR SERVICES, SENDING US SUBMISSIONS,AND/OR REGISTERING TO OPEN AN ACCOUNT WITH US, YOU ARE ACKNOWLEDGINGAND AGREEING TO EACH AND EVERY ONE OF THE TERMS AND CONDITIONS IN THISAGREEMENT (THE "SITE TERMS"), AND ALL OTHER AGREEMENTS THATARE (OR WILL BE) LOCATED AThttps://holycrossdpp.com/termsofservice

(COLLECTIVELY, THE "AGREEMENT" OR"AGREEMENTS").


The Website is a service made available by Holy Cross Hospital Inc ("Holy Cross Hospital Incand its affiliates("Holy Cross Hospital " "Holy Cross DPP"we " or"us "). The Site Terms govern your use of theWebsite, and have the same force and effect as does a written agreementwith original signatures from all parties. If you do not agree to theseSite Terms, do not use the Website. We may modify the Site Terms at anytime. If you do not agree to the changes, you may discontinue using HolyCross Hospital Inc before the changes take effect. Your continued use ofHoly Cross Hospital Inc after any such changes take effect constitutes youracceptance to such changes. Each time you visit or log into the Website,you reaffirm your acceptance of the most current version of the Site Terms.You are responsible for regularly reviewing the Site Terms, by clicking onthe "Legal" link at dpp@holy-cross.com The Site Terms may besupplemented by additional terms and conditions applicable to privacy,specific areas of this Website, or to particular content or transactionsposted in particular areas of the site. The additional terms, together withthese Site Terms, govern your use of those areas, content, or transactions.

The Website gives users the ability to receive dietary information from aLifestyle Coach through our Website (collectively, the "Submissions"subject to these Site Terms. Youagree that all such transactions will be governed by Holy CrossHospital’s Terms of Sale Agreement located at dpp@holy-cross.com Wemay, in our sole discretion, change or discontinue any or all aspects ofthe Website at any time, without notice, and without liability to itsusers.

Registration is not required to visit the Website. However, if you desireto complete a transaction with us or engage our Services, you must createan account. If you register to open an account, you agree to provideaccurate, complete registration information. You must be legally capable toenter into contracts. It is your responsibility to make any updates to thatinformation. Each registration is for a single person only, unlessspecifically designated otherwise on the registration page. We do notpermit any other person using the registered sections under your name. Youare responsible for preventing such unauthorized use. If you believe therehas been unauthorized use, you should notify Holy Cross Hospital Incimmediately by emailing dpp@holy-cross.com

The Website contains information, content, advertisements, text,photographs, designs, graphics, images, sound, and video recordings,animation and other materials and effects (collectively, the "Contentthat are protected by copyrights,trademarks, service marks, trade dress, patents or other intellectual orproprietary rights owned by Holy Cross Hospital Inc or other third parties.All trademarks and copyrighted information contained on the Website are theproperty of their respective owners. Further, Holy Cross Hospital Incretains all rights (including intellectual property rights), title, andinterest in the Website, technology, and all underlying technology and dataincluding any enhancements, software, applications, and improvementsrelated to the Website (the "Technology ") (theterms Content and Technology will be collectively referred to as the"Materials "). You may not remove anycopyright, trademark, or other proprietary notice from any electronic orprinted copy.

This Agreement is effective unless and until terminated by either you orHoly Cross Hospital Inc . You may terminate this Agreement at any time.Holy Cross Hospital Inc may terminate this Agreement at any time withoutnotice and deny you access to the Website, if, in its sole discretion, youfail to comply with any term or provision of this agreement. A terminationor actions taken by Holy Cross Hospital Inc under the previous sentenceshall not limit Holy Cross Hospital’s other legal rights and remediesavailable under law or equity. Upon any termination of this agreement byeither you or Holy Cross Hospital Inc, you must promptly destroy allmaterials downloaded or otherwise obtained from this Website, as well asall copies of such materials, whether made under this agreement orotherwise.

Holy Cross Hospital Inc provides the Website and the Materials for yourindividual, non-commercial use, solely for the purpose of carrying outindividual transactions through the Website. Any other use of the Websiteor the Materials is strictly prohibited. You may not, either directly orindirectly:

Any permitted use of the Website does not extend to using the Website orMaterials for any illegal purpose, or to transmit to or through the Websiteor to or through any service any illegal, harmful, threatening, defamatory,obscene, hateful, pornographic or other objectionable material of any kind,or to interfere with, abuse or otherwise violate the legal rights of anythird party using the Website or Materials. Whether or not a userSubmission violates this provision is within Holy Cross Hospital’ssole discretion requiring no explanation on its behalf.

Without limiting other remedies, we may limit, suspend, or terminate ourservice and user accounts, prohibit access to our website, remove hostedcontent, and take technical and legal steps to keep users off the Sites ifwe think that they are creating problems, possible legal liabilities, oracting inconsistently with the letter or spirit of our policies. We alsoreserve the right to cancel unconfirmed accounts.

By using the Website, uploading content, or submitting any materials to theWebsite, you grant (or warrant that the owner of such rights has expresslygranted) Holy Cross Hospital Inc a perpetual, royalty-free, irrevocable,non-exclusive right and license to use, reproduce, modify, adapt, publish,translate, create derivative works from, and distribute such materialsand/or information generated through use of the Website or incorporate suchmaterials and/or information generated through use of the Website into anyform, medium, or technology now known or later developed throughout theuniverse. We need these rights to host and display your content. Allcomments, feedback, suggestions, ideas, and other submissions disclosed,submitted, or offered to Holy Cross Hospital Inc on or by this Website orotherwise disclosed, submitted, or offered in connection with your use ofthis Website or otherwise (collectively, "Comments ") shallbe and remain Holy Cross Hospital Inc property. Holy Cross Hospital Inc isand shall be under no obligation (1) to maintain any Comments inconfidence; (2) to pay to user any compensation for any Comments; or (3) torespond to any Comments.

The Website may use robot exclusion methods, which include robots.txt filesand HTML meta tags, that expressly allow and/or exclude specified automatedprograms from accessing certain portions of the Website. Much of theinformation on the Website is updated on a real time basis and isproprietary or is licensed to Holy Cross Hospital Inc by our users or thirdparties. You agree that you will not use any robot, spider, scraper orother automated means to access the Website for any purpose, including butnot limited to performing "offline" searches and mirroring,without our express written permission as indicated in the then-currentrobots.txt file or HTML meta tags on the Website. Additionally, you agreethat you will not bypass our robot exclusion methods or other measures wemay use to prevent or restrict access to the Website.

You may provide links only to the homepage of this Website, provided (a)you do not remove or obscure, by framing or otherwise, any portion of thehomepage, (b) you give Holy Cross Hospital Inc notice of such link bysending an e-mail to dpp@holy-cross.com and (c) you discontinue providinglinks to this Website if requested by Holy Cross Hospital Inc. If you wishto provide links to a section within the Website, you should forward yourrequest to Holy Cross Hospital Inc at dpp@holy-cross.com and Holy CrossHospital Inc will notify you if, within its sole and unfettered discretion,permission is granted, and, if so, the terms and conditions of thepermission in a separate agreement.

You represent and warrant to us that (a) you are legally capable ofentering into contracts, (b) you are providing us at all times with true,accurate and up to date information about yourself, (c) you will comply atall times with the Site Terms and applicable law, and (d) your use of theWebsite and any transactions that you make with us will not violate therights of any third party.

Holy Cross Hospital Inc makes every effort to ensure the informationpresented in, on or through its Website is accurate. However, because HolyCross Hospital Inc communicates information provided and created byadvertisers, software developers, publishers, marketing agents, resellersand other third parties, Holy Cross Hospital Inc has no control over theaccuracy of such information, makes no guarantee as to such information,and is not responsible for the information as to its accuracy, currency,content, quality, copyright compliance or legality, or any resulting lossor damage.

Holy Cross Hospital Inc makes no representations regarding the availabilityand performance of its Website. You hereby acknowledge that any use of theWebsite and reliance upon any Materials shall be at your sole risk and thatHoly Cross Hospital Inc shall not be liable for any loss of data, lostprofits or any other damages or losses resulting from such use.

THE WEBSITE AND MATERIALS ARE PROVIDED BYHOLY CROSS HOSPITAL, INC ON AN "AS IS" BASIS AND ISAVAILABLE WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHEREXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. HOLY CROSS HOSPITAL, INCEXPRESSLYDISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESSFOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THE IMPLIED CONDITIONSOF SATISFACTORY QUALITY AND ACCEPTANCE, AS WELL AS ANY LOCALJURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORYWARRANTIES. WE MAKE NO REPRESENTATIONS THAT THE WEBSITE OR MATERIALSWILL MEET YOUR REQUIREMENTS, OR THE RESULTS THAT YOU MAY WISH TO GAINFROM YOUR USE OF THE WEBSITE.

IN NO EVENT SHALLHoly Cross Hospital Inc, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, ORCONTRACTORS BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT,INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF DATA, INCOMEOR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHERTHIRD PARTIES WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE MATERIALSREGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING,WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION,VIRUS, DELAY, OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OFPERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD,COMMUNICATIONS FAILURE, THEFT, OR OTHERWISE. HOLY CROSS HOSPITAL, INCSHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROMANY FAILURE OF THEINTERNET.

Some states do not allow the exclusion or limitation of liability ofconsequential or incidental damages, so the above exclusions may not applyto all users; in such states, liability is limited to the fullest extentpermitted by law.

HOLY CROSS HOSPITAL, INC DOES NOT GUARANTEE THAT ANY CONTENT,INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE THROUGH THE WEBSITEWILL BE FREE OF VIRUSES, "WORMS," "TROJANHORSES," OR THEIR HARMFUL COMPONENTS. HOLY CROSS HOSPITAL,INC’s ONLY LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY WITHRESPECT TO THE USE OF ANY SERVICES PROVIDED BY HOLY CROSS HOSPITAL,INC, SHALL BE CANCELLATION OF YOUR PERSONAL ACCOUNT.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHERHOLY CROSS HOSPITAL, INC, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVEEMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, Lifestyle Coach,THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS,DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS WARRANT THAT USE OF THE SITEWILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY ASTO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II)THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR SERVICEPROVIDED THROUGH THIS SITE, OR (III) THAT THE INFORMATION PROVIDED ISIN ANY WAY CERTIFIED BY A MEDICAL PROFESSIONAL.

You agree to release, indemnify, defend, and hold harmless Holy CrossHospital Inc, its parents, subsidiaries, affiliates, officers, directors,employees, agents, representatives, vendors, and distributors from andagainst any and all claims, liabilities, damages, losses, costs (includingtaxable and non-taxable costs), expenses, or fees (including reasonableattorneys’ fees) that such parties may incur as a result of orarising from your (or anyone using your account, authorized orunauthorized) violation or breach of any representation or obligation underthese Agreements. We reserve the right to assume the exclusive defense andcontrol of any matter otherwise subject to indemnification by you and, insuch case, you agree to cooperate with our defense of such claim.

We view protection of users’ privacy as a very important communityprinciple. When you open an account and use the Website, we collectinformation about you. You agree that we may collect and use yourinformation in accordance with the Holy Cross Hospital Inc Privacy Policy,which you can review by visitinghttps://holycrossdpp.com/termsofservice

If you object to your information being transferred or used in this way, donot use our services.

You agree to transact business with us electronically. You authorize us tosend you important notices by electronic means, including notices about theWebsite and any transactions. Such electronic means can include sendingmessages to the email address you provide, or posting a notice on theWebsite. It is your duty to keep your email address up to date, to maintaina valid email address, and to ensure that emails we send you are notfiltered or stopped by spam filters or other types of email-blockingfunctionalities. If you no longer desire to transact electronically withus, you may no longer use the Website.

You are responsible for obtaining, at your own expense, all equipment andservices needed to access and use the Website, including all devices,Internet browsers and Internet access. If you access the Website or aWebsite application through a mobile or wireless device, you areresponsible for all fees that your carrier may charge you for data, textmessaging and other wireless access or communications services.

Our Technology, including any software or applications we provide to you,is a "commercial item," as that term is defined in 48 C.F.R.§ 2.101, consisting of "commercial computer software" and"commercial computer software documentation," as such terms areused in 48 C.F.R. § 12.212. Consistent with 48 C.F.R. §§12.212 and 48 C.F.R. §§ 227.7202-1 through 227.7202-4.

Your use of the Website must comply with all applicable laws in theterritory in which you access and use the Website, including withoutlimitation, all import and export control laws and regulations of theUnited States and other countries. You must not transfer, by electronictransmission or otherwise, any content, data, or software subject torestrictions under such laws to a national destination, person, or entityor for an end-use prohibited under those laws without first obtaining andcomplying with government authorization. You must not upload any data orsoftware to the Website that cannot be exported without prior writtengovernment authorization and notification, including, but not limited to,certain types of encryption software.

Holy Cross Hospital Inc reserves the right to investigate complaints orreported violations of the Site Terms and to take any action Holy CrossHospital Inc deems appropriate including, but not limited to, reporting anysuspected unlawful activity to law enforcement officials, regulators, orother third parties, and disclosing any information necessary orappropriate to such persons or entities relating to user profiles, e-mailaddresses, usage history, posted materials, IP addresses, and trafficinformation. Holy Cross Hospital Inc reserves the right to seek allremedies available at law and in equity for violations of these Site Terms,including, but not limited to, the right to block access from a particularInternet address to any Second Rotation website. These incorporate byreference any notices contained on the Website and constitutes the entireagreement with respect to access to and use of the Website. If anyprovision of the Agreement is unlawful, void or unenforceable, then thatprovision shall be deemed severable from the remaining provisions and shallnot affect their validity and enforceability.

THIS AGREEMENT, THE OTHER AGREEMENTS LOCATED AThttps://holycrossdpp.com/termsofservice,AND THESE SITE TERMS ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITHFlorida LAW AND TO THE EXTENT APPLICABLE, THE LAWS OF THE UNITEDSTATES. NO CONFLICT OF LAWS OR PROVISIONS OF ANY JURISDICTION WILLAPPLY TO THESE TERMS AND CONDITIONS. BY CLICKING ON THE"ACCEPT" BUTTON BELOW, YOU AGREE THAT ANY ACTION AT LAW ORIN EQUITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE OTHERAGREEMENTS, WILL BE FILED ONLY IN STATE OR FEDERAL COURT LOCATED INFLORIDA, AND, BY INDICATING YOUR ACCEPTANCE BELOW, YOU HEREBYIRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVEPERSONAL JURISDICTION AND VENUE OF SUCH COURTS OVER ANY SUIT, ACTION,OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS. ALL DISPUTESMUST BE ADJUDICATED IN THE ENGLISH LANGUAGE.

The obligations in,inter aliaSections 5 through 8, 10 through15, 17 and 18 shall survive termination of these Site Terms.

The agreements located athttps://holycrossdpp.com/termsofservice

constitute one single, fully integrated agreement. All of the terms,conditions, obligations, definitions and provisions of those agreements aretherefore applicable to the instant agreement. Moreover, Holy CrossHospital Inc by this reference, hereby incorporates herein the most currentversion of all agreements posted athttps://holycrossdpp.com/termsofservice

The currently posted agreements include Holy Cross Hospital Inc WebsiteUser Agreement, Electronic Communications Delivery Policy, Privacy Policyand Terms of Sale Agreement. However Holy Cross Hospital Inc may, in itssole discretion, add, remove, amend, or otherwise change the agreementsposted athttps://holycrossdpp.com/termsofservice


Terms of Service Agreement

Holy Cross Hospital Inc ("Holy Cross Hospital")gives users theability to obtain dietary information from a Lifestyle Coach uponsubmission of the users’ dietary information to the Website(collectively, the "Submissions "). Upon use ofthe Website, you agree that all such transactions will be governed by HolyCross Hospital Inc’s Terms of Sale and other Agreements, as statedbelow. In addition, you must agree to abide by the following terms in orderto use the Services, or be subject to termination of Services by Holy CrossHospital.

BY SETTING UP AN ACCOUNT, OR BY USING HOLY CROSS HOSPITAL"SWEBSITE, YOU UNCONDITIONALLY INDICATE THAT YOU AGREE TO THE FOLLOWINGTERMS AND CONDITIONS.

By electronically signing up in any form to Holy Cross Hospital, you agreeto adhere to Holy Cross Hospital’s Terms of Service. You may need toset up an account in order to use some of the features of our Services. Youmay not use someone else's account without permission. When you are settingup your account, you must give us accurate and complete information. Thismeans that you cannot set up an account using someone else's name orcontact information, or a phony name, or phony contact information.

You have complete responsibility for your account and everything thathappens on your account. This means you need to be careful with yourpassword. If you find out that someone is using your account without yourpermission, you must let us know immediately. You may not transfer youraccount to someone else. We are not liable for any damages or losses causedby someone using your account without your permission. However, if we (oranyone else) suffer any damage due to the unauthorized use of your account,you may be liable.

The information provided by a Holy Cross Hospital Lifestyle Coach inresponse to your Submission is strictly for educational purposes only. Theinformation is not intended to be a substitute or supplement toprofessional medical advice. Please consult a physician before using HolyCross Hospital’s Services. You should always consult your healthcareprovider to determine the appropriateness of the information for your owndietary needs or if you have any questions regarding a medical condition ortreatment plan. This site is not designed to, and does not provide, medicaladvice, professional diagnosis, opinion, treatment, or services. Do not useHoly Cross Hospital’s Services if you have any medical issue that isaffected by your diet.

If Holy Cross Hospital receives your Submission, we nevertheless reservethe right to, in our sole discretion, for any reason or for no reason: (a)decline to respond to your Submission, (b) respond to some of yourSubmissions but not others, or (c) decline to respond to any of yourSubmissions.

You hereby expressly agree to limit Holy Cross Hospital’sresponsibility, obligation and/or liability to the lesser of (a) $1,000, or(b) the cost of your membership, for any and all damages, claims or actionsrelated to, or arising out of, any transaction or occurrence subject to, orreferenced in, the Agreements. You also hereby expressly agree to release,indemnify, defend and hold Holy Cross Hospital harmless for any suchamounts over the lesser of (a) $1,000, or (b) the cost of your membership.

You hereby acknowledge and agree that the foregoing limitation, release andwaiver precludes,inter aliaincidental, special, indirect,consequential, or punitive damages or loss of profit or opportunity for anyclaims, demands or actions brought by you, or on your behalf, including anysubrogation claim brought by your insurance carrier. You expressly andspecifically waive any subrogation claim on your behalf as well as onbehalf of your insurance carrier.

You hereby acknowledge and agree that:

You acknowledge and agree that this Agreement, and all the Agreements, arein electronic form and has the same force and effect as a written agreementwith original signatures from all parties. In this Agreement, the term"you" or "your" means an individual or entityexercising rights under this Agreement, and the term "Holy CrossHospital," "we" or "us" means Holy CrossHospital and its affiliates and subsidiaries.

In order to complete the transaction with Holy Cross Hospital, you must:

Holy Cross Hospital makes every effort to ensure the accuracy of allinformation you receive in relation to your Submissions. From time to time,however, there may be typographical errors, technical inaccuracies, pricingor other errors or omissions, incomplete, or outdated information. As such,Holy Cross Hospital reserves the right, at any time, to correct any errors,inaccuracies or omissions and to change or update the Content at any timewithout prior notice. Holy Cross Hospital does not, however, guarantee thatany errors, inaccuracies, or omissions will be corrected.

We view protection of users’ privacy as a very important communityprinciple. When you open an account and use the Website, we collectinformation about you. You agree that we may collect and use yourinformation in accordance with the Holy Cross Hospital’s PrivacyPolicy, which you can review by going tohttps://holycrossdpp.com/termsofservice

If you object to your information being transferred or used in this wayplease do not use our services.

You agree to transact with us electronically. This means you agree toaccept and terms and conditions and to conduct any transaction of yourSubmissions with us by electronic means. You authorize us to send youimportant notices by electronic means, including notices about the Websiteand any transactions. Such electronic means can include sending messages tothe email address you provide, or posting a notice on the Website. It isyour duty to keep your email address up to date and to maintain a validemail address and to ensure that emails we send you are not filtered orstopped by spam filters or other types of email blocking functionalities.If you no longer desire to transact electronically with us, you may nolonger use the Website.

This Agreement constitutes the entire agreement of the parties with respectto the subject matter hereof. No waiver by Holy Cross Hospital of anybreach or default hereunder shall be deemed to be a waiver of any precedingor subsequent breach or default.

Holy Cross Hospital reserves the right to modify this Agreement, or anyrelated Agreements, at any time. If you do not agree to the changes, youmust discontinue using the Holy Cross Hospital Websites and/or the Servicesbefore the changes take effect. Your continued use of Holy Cross Hospitalafter any such changes take effect constitutes your acceptance to suchchanges. Each time you deliver a Submission to Holy Cross Hospital, youreaffirm your acceptance of this Agreement. You are responsible forregularly reviewing periodically this Agreement, located athttps://holycrossdpp.com/termsofservice

. The last date this Agreement was revised is set forth below. Terms andconditions modifying the Agreement are effective immediately upon posting.

THIS AGREEMENT, THE OTHER AGREEMENTS LOCATED AT WWW.HCH.COM/LEGAL, ANDTHESE TERMS OF SALE AND TRANSFER OF TITLE OF YOUR ITEMS ARE GOVERNED BYAND CONSTRUED IN ACCORDANCE WITH Florida LAW AND TO THE EXTENTAPPLICABLE, THE LAWS OF THE UNITED STATES. NO CONFLICT OF LAWS ORPROVISIONS OF ANY JURISDICTION WILL APPLY TO THESE TERMS ANDCONDITIONS. BY CLICKING ON THE "ACCEPT" BUTTON BELOW, YOUAGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TOTHIS AGREEMENT, OR THE OTHER AGREEMENTS, WILL BE FILED ONLY IN STATE ORFEDERAL COURT LOCATED IN PHOENIX, Florida, AND YOU HEREBY IRREVOCABLYAND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONALJURISDICTION AND VENUE OF SUCH COURTS OVER ANY SUIT, ACTION, ORPROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS. ALL DISPUTES MUSTBE ADJUDICATED IN THE ENGLISH LANGUAGE

The agreements located athttps://holycrossdpp.com/termsofservice

constitute one single, fully integrated agreement. All of the terms,conditions, obligations, definitions and provisions of those agreements aretherefore applicable to the instant agreement. Moreover, Holy CrossHospital, by this reference, hereby incorporates herein the most currentversion of all agreements posted athttps://holycrossdpp.com/termsofservice

The currently posted agreements include Holy Cross Hospital’s WebsiteUser Agreement, Privacy Policy, and Terms of Service Agreement. However,Holy Cross Hospital may, in its sole discretion, add, remove, amend, orotherwise change the agreements posted athttps://holycrossdpp.com/termsofservice

Privacy Policy

Please read the following to learn more about our privacy policy, the typesof personal information we gather, and the measures we take to safeguardyour privacy when you use the Website, applications, and services weprovide (the "Services ").

www.holycrossdpp.com, and any subdomains or related domains, (collectively,the "Website ") is provided by Holy CrossHospital, Inc and its affiliates ("Holy Cross Hospital"we," or "us "). This policy covers how weprotect personal information collected and used on or through the Servicesand other related websites where this policy is posted. The Website maycontain links to other sites. Once you enter another website, be aware thatHoly Cross Hospital, Inc is not responsible for the privacy practices ofother sites.

You agree that this Privacy Policy is part of our Terms of Use Agreement,Terms of Service Agreement, and any other agreements posted athttps://holycrossdpp.com/termsofservice

(collectively, the "Agreement " or "AgreementsBy accessing or using the Website orour Services, you agree to be bound by all of our terms and conditions.

When you use the Services, you provide information to us. Holy CrossHospital collects two types of information: (1) information that youprovide that lets us know who you are ("Personally Identifiable Informationand (2)information that does not by itself identify a specific individual ("Non-personally Identifiable Information

You can browse the Services’ Websites without informing Holy CrossHospital who you are or revealing any personal information about yourself.However, when you transact with us or register to open an account with HolyCross Hospital, we ask for personal information such as your name, emailaddress, and zip code, which we collect and use as disclosed below in thisPrivacy Policy. Once you submit information about yourself to the Website,you are no longer an anonymous, passive user of the Website. We may alsocollect additional information about you when you engage in certainactivities facilitated by our Services, such as: (a) when you enterpromotions or sweepstakes; (b) when you sign up for special offers; (c)when you visit the Services’ Web pages or the pages of certain HolyCross Hospital partners; (d) when you interact with offers andadvertisements; (e) when you contact us for help or customer support; (f)when you access the Services with your account; (g) when you complete asurvey; or (h) when you post content or provide us with feedback. HolyCross Hospital may also receive information about you from other sourcesand add it to your account information. Providing information is purelyoptional on your part; however, not all features and services (such asresponding to your inquiries) would be available to you if you elect not toprovide information. If you choose to provide us with personal information,you consent to the transfer and storage of that information.

We automatically receive and collect Non-personally IdentifiableInformation on our server logs from your browser, including your IPaddress, the Uniform Resource Locator ("URL ")that you just came from, which URL you next go to, browser type, browserlanguage, date and time of your query, Holy Cross Hospital cookieinformation, and the pages you request. This information is compiled andanalyzed on both a personal and an aggregated basis. We may use third-partyanalytics services to collect, monitor and analyze the informationcollected as described above.

We will use Personally Identifiable Information primarily for the followingpurposes: (a) to provide you with the Services; (b) to customize theadvertising and content you see; (c) fulfill any transactions, includingyour requests for products and services; (d) improve our Services andofferings to you; (e) conduct research; (f) provide you with support,technical or otherwise; (g) provide you with updates and notices about theServices, our Privacy Policy, and terms and conditions; (h) provide youwith promotional offers, our affiliates and from third parties that may beof interest to you; and (i) provide anonymous reporting for internal andexternal clients. In addition, Holy Cross Hospital may use your emailaddress to contact you under the following circumstances: to respond toyour support questions, to notify you of material changes to our policiesor website, to request your participation in user surveys, and to deliverproducts, services and marketing communications upon you request.

We will use Non-personally Identifiable Information to diagnose problemswith our servers and software, to administer the Services, and to gatherdemographic information. Our third-party advertising networks and serverswill also supply reports that will inform us how many ads were presentedand clicked upon on www. www.holycrossdpp.com

.com in a manner that does not identify personally any individual.

Holy Cross Hospital may set and access Holy Cross Hospital cookies on yourcomputer. Upon your first visit to the Website, a cookie is sent to yourcomputer that uniquely identifies your browser. A "cookie" is asmall file containing a string of characters that is sent to your computerand stored on your hard drive when you visit a website; many major Webservices use them to provide useful features for their users. Each web sitecan send its own cookie to your browser. Most browsers are initially set upto accept cookies. You can reset your browser to refuse all cookies or toindicate when a cookie is being sent; however if you reject cookies, youwill not be able to sign in to the Services or take full advantage of ourServices. Holy Cross Hospital uses cookies for the following generalpurposes: (a) to track your preferences, such as the address or local zipcode you enter; (b) to access your information when you sign in so we canprovide you with your personalized content; (c) to display the mostappropriate advertisements, based on your interests and activity on our website; and (d) and to help us analyze and estimate our traffic and use offeatures on the Services.

We may also use "pixel tags," which are small graphic filesthat allow us to monitor the use of the Services. A pixel tag can collectinformation such as the IP address of the computer that downloaded the pageon which the tag appears; the URL of the page on which the pixel tagappears; the time (and length of time) the page containing the pixel tagwas viewed; the type of browser that retrieved the pixel tag; and theidentification number of any cookie previously placed by that server onyour computer. We may use pixel tags, either provided by us or by our thirdparty advertisers and ad networks, to collect information about your visit,including the pages you view, the links you click and other actions takenin connection with our sites and Services and use them in combination withour cookies to provide offers and information of interest to you.

We also may allow certain analytic services and providers of applicationsused on the Services (e.g. sharing buttons) to collect Non-PersonallyIdentifiable information by placing cookies on the Services that will trackcertain performance of our Services, such as, web traffic, click-throughs,etc., in order to assist us and our service providers in betterunderstanding the interests of our users and to better serve thoseinterests.

We may use other companies under separate agreements to supplyadvertisements when you visit and use our Services. These companies maycollect and use Non-Personally Identifiable Information (e.g., click streaminformation, browser type, time and date, subject of advertisements clickedor scrolled over) during your access to our Services and other Web sites inorder to provide advertisements about goods and services likely to be ofgreater interest to you. These companies typically use a cookie, a thirdparty web beacon and/or pixel tags to collect this information. To learnmore about this behavioral advertising practice in general and the optionsthat you have, including your option or to opt out of this type ofadvertising, you can visit www.networkadvertising.org. These cookies, webbeacons and pixel tags do not collect any personal information from yourcomputer, such as your e-mail address. Other companies’ use of theircookies is subject to their own privacy policies, not this one. Advertisersor other companies do not have access to Holy Cross Hospital’scookies.

In order to serve offers and advertisements that may be interest to ourusers, we may display targeted advertisements on the Services based onPersonally Identifiable Information provided by our users, including zipcode and profile. We do not provide this Personally IdentifiableInformation to our advertisers when you interact with such anadvertisement. However, please note that the advertisers (including adserving companies) may determine based on their own analysis that a userwho interacts with an advertisement targeted by Holy Cross Hospital may fitinto a certain demographical category; for example, an advertiser maydetermine that men ages 25-34 are interacting with a certain advertisementon Holy Cross Hospital from a particular geographic area. You acknowledgethat any information collected by such advertisers or advertising networks– and any options that you have with the use of such information– would be handled in accordance with the disclosures provided abovein the "Advertising" section.

Holy Cross Hospital does not rent, sell, or share personal informationabout you with other people or nonaffiliated companies except to provideproducts or services you’ve requested, when we have your permission,or under the following circumstances:

We provide the information to trusted partners who work on behalf of orwith Holy Cross Hospital under confidentiality agreements. These trustedpartners include companies with which Holy Cross Hospital may operateco-branded websites or web-pages to expand their services using Holy CrossHospital’s Services. These trusted partners may use your personalinformation to provide services to you on our behalf, evaluate theeffectiveness of the services, and to help Holy Cross Hospital communicatewith you about offers from Holy Cross Hospital and our marketing partners.However, these companies do not have any independent right to share thisinformation. We respond to subpoenas, court orders, or legal process, or toestablish or exercise our legal rights or defend against legal claims.

We believe it is necessary to share information in order to investigate,prevent, or take action regarding illegal activities, suspected fraud,situations involving potential threats to the physical safety of anyperson, violations of Holy Cross Hospital’s terms of use, or asotherwise required by law. We may transfer information about you if HolyCross Hospital is acquired by or merged with another company. In thisevent, Holy Cross Hospital will post a notice on its website beforeinformation about you is transferred and becomes subject to a differentprivacy policy.

The sites displayed as search results or linked to by the Services aredeveloped by people over whom Holy Cross Hospital exercises no control.These other sites may place their own cookies on your computer, collectdata or solicit personal information. Holy Cross Hospital may present linksin a format that enables us to understand whether they have been followed.We use this information to understand and improve the quality of Holy CrossHospital’s search technology. For instance, this data helps usdetermine how often users are satisfied with the first result of a queryand how often they proceed to later results.

Registered users can edit their Holy Cross Hospital account information,including contact preferences, at any time from their "MyAccount" account management page which you can find atwww.holycrossdpp.com/account/login. We may, from time to time, send youe-mail regarding our products and services and third party products andservices that may be of interest to you. You will have the opportunity toopt out of any further mailings at any time; provided, however, that wereserve the right to send you certain communications relating to theServices, such as (a) communications related to fulfilling a transaction,(b) service announcements, (c) notices regarding Holy CrossHospital’s legal terms and this Privacy Policy; and (d)administrative messages, which are considered part of your Holy CrossHospital account. You will not have the opportunity to opt-out of receivingsuch notices.

You can delete your Holy Cross Hospital registered account by requesting anaccount deletion via email to dpp@holy-cross.com.You must provide us withthe email address of the registered account. After we have confirmed yourrequest via email, we will remove access to your personal information fromour user database.

We limit access to personal information about you to our employees andagents who we believe reasonably need to come into contact with thatinformation to provide products or services to you or in order to do theirjobs. Your information is stored on our servers located in the UnitedStates. We treat data as an asset that must be protected and use many tools(encryption, passwords, physical security, etc.) to protect your personalinformation against unauthorized access and disclosure. However, thirdparties may unlawfully intercept or access transmissions or privatecommunications, and other users may abuse or misuse your personalinformation that they collect from the site. Therefore, although we workvery hard to protect your privacy, we do not promise, and you should notexpect, that your personal information or private communications willalways remain private. Because email and instant messaging are notrecognized as secure communications, we request that you not send privateinformation to us by email or instant messaging services.

This Privacy Policy only addresses the use and disclosure of information wecollect from you. This policy does not apply to the practices of companiesthat Holy Cross Hospital does not own or control or to people that HolyCross Hospital does not employ or manage. The Services may includeapplications, content and/or ads from third parties that may perform useractivity tracking in addition to that described herein; Holy Cross Hospitalaccepts no responsibility for said activities. Holy Cross Hospital does notcontrol the privacy policies of third parties, and you are subject to theprivacy policies of those third parties where applicable. We encourage youto ask questions before you disclose your personal information to others.For more information about each such third party, please refer to the thirdparty’s privacy policy.

We may amend this Privacy Policy at any time by posting the amended termson the Website. All amended terms automatically take effect immediatelyupon being posted. In addition, we will notify you about significantchanges in the way we treat personal information by sending a notice to theprimary email address specified in your Holy Cross Hospital account or byplacing a prominent notice on our site. If you do not agree to the changes,you may terminate your account by requesting an account deletion via emailto dpp@holy-cross.com. You must provide us with the email address of theregistered account.

Holy Cross Hospital is intended for general audiences. Holy Cross Hospitaldoes not collect or maintain information from those that Holy CrossHospital knows are under 13, and no part of the Holy Cross HospitalServices are targeted to attract anyone under 13.

If you are a California resident, in addition to the rights set forthabove, you have the right to request information from us regarding themanner in which we share certain categories of your personal informationwith third parties, for the third parties’ direct marketing purposes.California law provides that you have the right to submit a request to usat the designated address and receive the following information: thecategories of information we disclosed to third parties for the thirdparties direct marketing purposes during the preceding calendar year, thenames and addresses of third parties that received such information, and ifthe nature of a third party’s business cannot be reasonablydetermined from the third party’s name, examples of the products orservices marketed.

You are entitled to receive a copy of this information in a standardizedformat and the information will not be specific to you individually. Ourdesignated email address for such requests is dpp@holy-cross.com