Ascension Spiritual Care Terms of Use

These Ascension Spiritual Care End User Terms (“Terms”) govern the on-demand spiritual care services, which may be referred to as Virtual Spiritual Care, and any other services made available pursuant to these Terms (collectively, the “Services”) by Ascension or its affiliates (“Ascension,” “we” or “us” or the like). By agreeing to these Terms when presented with the option to do so, or otherwise using the Services, you agree to the Terms. If you do not agree to the Terms, you agree not to use the Services.

Please review these Terms carefully before using the Services. We may change these Terms or modify any features of the Services at any time. You must accept these Terms each time you use the Services, and it is your responsibility to review these Terms for any changes each time. These Terms were last revised on the date set forth above. The most current version of the Terms can be viewed at any time by clicking on the link for the Terms posted on the website through which the Services are made available. You accept any changes to the Terms by continuing to use the Services after we post the changes.

1.   Overview of Services

Ascension makes the Services available to allow its associates and their family members, and eligible health plan members to speak with our chaplains or other counselors via an online meeting or phone call. You select the meeting type when completing the form to request a meeting. Your interactions with the counselors via the Services are not intended to take the place of your relationships with your healthcare providers.

DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 9-1-1 IMMEDIATELY.

We do not charge for the Services. However, our counselors may be compensated for their time in providing the Services, which compensation may be provided to them in connection with covered benefits under an eligible health plan, if you are covered by the plan. You do not have to be covered by an eligible health plan to use the Services.

We do not control what other service providers you may use in order to speak with our counselors, such as mobile device carriers or internet service providers, and you are responsible for any charges you incur with those service providers. We use third-party service providers to provide the online meeting location for the Services (currently via Zoom meetings). We do not control those service providers and provide no assurances about the quality, security, or privacy of their applications. You may be required to agree to third-party terms in order to access the application for an online meeting, and you do so at your own risk.

2.   Accessing the Services

To receive the Services, you must first provide us with certain information when requesting to speak with a counselor. You agree to provide true, accurate, current, and complete information on the form you use to make the request. By requesting the Services, you are agreeing to allow Ascension to communicate with you electronically or via phone call or text message.

You represent and warrant that you are at least 18 years of age and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to agree to these Terms.

The Services are intended for use by residents of the United States. We do not intentionally provide access to the Services to individuals located outside the United States.

The Services are provided at our discretion. Your access may be blocked, suspended, or terminated at any time for any reason including, but not limited to, violation of these Terms, actions that may lead to liability for Ascension, disruption of access to other users or networks, and violation of applicable laws or regulations.

We seek to ensure that the Services are generally available, but we do not guarantee that they will be. We also cannot provide technical support for your computer device or software configuration. We cannot guarantee that your hardware will work with the Services.

3.   Prohibited Conduct

You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. You agree not to impersonate anyone else when requesting and receiving the Services.

4.   Privacy Notice

When you request to speak to one of our counselors, you provide information about yourself in an online request form. The counselor may access that information and create new records based on the information you provide when speaking with the counselor, and that information may be retained in our systems where we may associate it with any records that we have about you. Those records may be accessed by other counselors if you use the Services more than once. We may create reports about usage of the Services that incorporate information that you provide to us.

If you are receiving the Services in connection with covered benefits under an eligible health plan, then the plan’s privacy policy applies, and we may document your receipt of the Services in our HIPAA-compliant care management documentation system.

Regardless of your relationship with us, by using the Services, you consent to our processing your information consistent with our general privacy policy, available here.

5.   Security

The Services will incorporate reasonable security protocols designed to protect the confidentiality of information and will include reasonable measures to safeguard the data and to provide for its integrity against intentional or unintentional corruption.

6.   Intellectual Property Rights

Aspects of the Services are protected under the copyright laws of the United States and other countries. All copyrights in the Services are owned by us or our third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services without our written consent.

All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of the Services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Ascension or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as authorized herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of Ascension, its affiliates, or any third party.

7.   Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT THE ADEQUACY, CURRENCY, ACCURACY, LIKELY RESULTS, OR COMPLETENESS OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE SERVICES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

8.   Limitation of Liability

IN NO EVENT WILL WE, OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS AND THEIR DIRECTORS, OFFICERS, AFFILIATES, SUBCONTRACTORS, EMPLOYEES, AGENTS, AND ASSIGNS BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES WHATSOEVER ARISING IN CONNECTION WITH THE USE OF THE SERVICES, ANY INTERRUPTION IN AVAILABILITY OF THE SERVICES, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA, OR USE, MISUSE, RELIANCE, REVIEW, MANIPULATION, OR OTHER UTILIZATION IN ANY MANNER WHATSOEVER OF THE SERVICES OR THE DATA COLLECTED THROUGH THE SERVICES, EVEN IF ONE OR MORE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIM ARISING OUT OF OR CONNECTED WITH THESE TERMS OR THE SERVICES WILL BE TO CEASE USING THE SERVICES.

9.   Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US AND OUR PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS AND THEIR DIRECTORS, OFFICERS, AFFILIATES, SUBCONTRACTORS, EMPLOYEES, AGENTS, AND ASSIGNS HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), CLAIMS, DAMAGES AND LIABILITIES RELATED TO OR ASSOCIATED WITH YOUR USE OF THE SERVICES AND ANY ALLEGED VIOLATION BY YOU OF THESE TERMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE OF ANY CLAIM FOR WHICH WE ARE ENTITLED TO INDEMNIFICATION UNDER THIS SECTION. IN SUCH EVENT, YOU SHALL PROVIDE US WITH SUCH COOPERATION AS WE REASONABLY REQUEST. THIS SECTION WILL NOT BE CONSTRUED TO LIMIT OR EXCLUDE ANY OTHER CLAIMS OR REMEDIES THAT ASCENSION MAY ASSERT UNDER THESE TERMS OR BY LAW.

10.   Arbitration

You agree to submit any and all controversies or claims arising out of or relating to these Terms or the existence, validity, breach or termination thereof, whether during or after its term, to an arbitrator, on an individual (and not class) basis, unless Ascension agrees, in its sole discretion, to class arbitration. The arbitrator may, at either party’s request, grant injunctive relief. The arbitral award will be the exclusive remedy of the parties for all claims, counterclaims, issues or accountings presented or pleaded to the arbitrator. Judgment upon the arbitral award may be entered in any court of competent jurisdiction, including the state and federal courts in St. Louis County, Missouri. Any additional costs, fees or expenses incurred in enforcing the arbitral award will be charged against the party that resists its enforcement. Nothing in this section will prevent the parties from seeking interim injunctive relief against one another. You agree that your access to and use of the Services will be governed by and will be construed in accordance with the laws of the State of Missouri without regard to principles of conflicts of laws.

11.   Miscellaneous

These Terms constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us, regarding the Services and subject matter of these Terms. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Services.

Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.