El Camino Hospital District ("District," "we," "us") provides this web site and all site-related services (collectively the "Site,") subject to your compliance with the terms and conditions set forth in this agreement (the "Agreement"). This Agreement governs the relationship between the District and you, the Site visitor, with respect to your use of the Site. By using the Site, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, please do not use and exit the Site.
We reserve the right at any time to, among other actions:
- change the terms and conditions of this Agreement;
- change the Site, including eliminating or discontinuing any content on or feature of the Site; or
- deny or terminate your use of and/or access to the Site.
Any changes we make will be effective immediately upon our making such changes available on the Site or otherwise providing notice thereof. We may provide notice of any such changes by posting an updated Agreement with the date of the update set forth below. You agree that your entering, re-entering, or continuing to use the Site thereafter constitutes your acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
Code of Conduct.
While using the Site, you agree not to:
- Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
- Use the Site or information on the Site for any unlawful purpose;
- Express or imply that any statements you make are endorsed by the District, without the District’s prior written consent;
- Engage in spamming or flooding;
- Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other rogue programming or items of a destructive nature;
- Modify, adapt, create a derivative work, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
- Remove any copyright, trademark or other proprietary rights notices contained in the Site or information;
- Attempt to defeat any security, password or encryption technology within the Site.
Limited Permitted Use of Information.
The content and materials in this web site are for informational purposes only and are not intended to supplement or comprise a medical diagnosis or other professional opinion, or to be used in lieu of a consultation with a physician or competent health care professional for medical or diagnosis and/or treatment.
Unless otherwise specified on the Site, you may search, view and use information displayed on the Site, solely for your own non-commercial personal benefit. You will not use the Site for any other purpose, including, but not limited to, any commercial purpose, without prior written consent. Without our prior written consent you will not, and you will not authorize, direct or permit any other party to (1) co-brand the Site or any portion thereof, (2) frame or “mirror” the Site or any portion thereof (so that the Site appears on the same screen within a portion of another web site), or (3) link to the Site from any other web site, including via deep linking, except for linking to the home page of the Site, http://www.elcaminohospitaldistrict.org. "Co-branding" means to display a name, logo, trademark, or other indicia of ownership of any party in a manner reasonably likely to give a user of the Site the impression that the party has the right to display, publish, or market the Site or any content accessible within the Site. You agree to cooperate with us in immediately stopping any unauthorized co-branding, framing, or linking to the Site.
Ownership and Restrictions on Use.
The Site is owned and operated by the District in conjunction with its licensors and vendors pursuant to contractual arrangements, and the information (and any intellectual property and other rights relating thereto) are and will remain the property of the District and its licensors and vendors. The Information may be used solely to the extent necessary for your authorized use of the Site, as provided in this Agreement or as expressly authorized in writing by the District or, if so indicated in writing by the District, its licensors or vendors. Modification of or the creation of derivative works based on the Site or use of the Site for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or the Information. If you create any modification or derivative work of the Site or any portion of the Site in violation of this Agreement (a "Derivative Work"), you agree to, and hereby do, assign all of your rights, title and interests in and to the Derivative Work and all intellectual property and proprietary rights therein to the District.
The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are the registered and unregistered trademarks of the District, the District's licensors and vendors, and others. The Trademarks owned by the District, whether registered or unregistered, may not be used without the District's written permission and may never be used in connection with any product or service that is not the District's, in any manner that is reasonably likely to cause confusion with customers, or in any manner that disparages the District. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of the District, the District's licensors or vendors, or the third-party owner of any such Trademark. Misuse of any Trademarks is prohibited, and the District will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
Access By Minors.
If you are under the age of eighteen, you may use this Site only with the consent and under the supervision of a parent or legal guardian who agrees to be bound by the terms of this Agreement. If you are a parent or legal guardian agreeing to this Agreement on behalf of a child under the age of eighteen, you agree that you are fully responsible for use of this Site by that child, including any financial charges that the child may incur through use of the Site. Please note that we do not knowingly collect personally identifiable information from children (defined herein as minors younger than thirteen years of age). If you are under the age of thirteen, please do not submit any personally identifiable information via this Site.
The District wishes to inform you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web site of http://www.GetNetWise.org.
The Site is solely directed to individuals residing in the United States. We make no representation that the Site is appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
THE SITE, INFORMATION, AND ANY PRODUCTS AND SERVICES OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE DISTRICT AND ITS AFFILIATES, LICENSORS, VENDORS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, RELIABILITY, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions or portions thereof may not apply to you. THE DISTRICT AND ITS AFFILIATES, LICENSORS, VENDORS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR INFORMATION WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED OR INFORMATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT USE OF THE SITE WILL NOT ADVERSELY AFFECT A SYSTEM FROM WHICH THE SITE IS ACCESSED. YOU ARE ADVISED TO TAKE APPROPRIATE AND ADEQUATE PRECAUTIONS TO MINIMIZE ANY LOSS TO YOUR SYSTEM, INCLUDING UP-TO-DATE ANTI-VIRUS SOFTWARE, FIREWALLS AND THE CREATION OF BACK-UP FILES. THE DISTRICT HAS NO OBLIGATION TO DETECT OR ATTEMPT TO DETECT THE PRESENCE OR TRANSMISSION OF ANY ROGUE PROGRAMMING WITHIN THE SERVICE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND INFORMATION AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF THE DISTRICT OR ITS AFFILIATES, LICENSORS, VENDORS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE, IN THE INFORMATION OR OTHERWISE (WHETHER OR NOT AUTHORIZED TO DO SO), SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY INFORMATION ARE ENTIRELY AT YOUR OWN RISK.
To report errors or other issues with the Site, including copyright infringement claims, please contact us at firstname.lastname@example.org with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you.
Limitation of Liability.
NEITHER EL CAMINO HOSPITAL DISTRICT NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OTHER REPRESENTATIVES, SUCCESSORS OR ASSIGNS, ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR INFORMATION, ANY LINKED SITE OR ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE, EVEN IF ADVISED OF OR IF THE DISTRICT REASONABLY COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, INFORMATION, OR ANY LINKED AND FRAMED SITE IS TO STOP USING THE SITE, INFORMATION, OR LINKED AND FRAMED SITE, AS APPLICABLE, EVEN IF SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF THE DISTRICT TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR INFORMATION, ANY LINKED AND FRAMED SITE OR ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE, SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR ANY PRODUCTS OR SERVICES OFFERED ON THE SITE OR U.S. $100.00.
You agree to indemnify, defend and hold the District, our affiliates, licensors, vendors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents, other representatives, successors and assigns, harmless from and against any and all claims, causes of action, allegations (threatened or pending), damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement; and/or (b) your activities in connection with the Site. Should we deem, in our sole discretion, your cooperation to be useful with respect to any claim brought against us by a third party, you agree to use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim otherwise subject to indemnification by you.
Contacting The District Regarding the Site.
This Site is provided by the District. Should you have any questions, comments or complaints regarding this Agreement or the Site, please contact us at:
El Camino Healthcare District
C/O Marketing & Communications Department
2500 Grant Road - M/S WIL214
Mountain View, CA 94040.
Notice for California Users.
Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916-445-1254 or 800-952-5210.
This Agreement is governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. You agree that the District shall have the right to seek injunctive relief in addition to any other legal or financial remedies to which it may be entitled in the event you breach this Agreement. Other than a legal proceeding where the District seeks injunctive relief, you agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Santa Clara, California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. In the event that the District seeks injunctive relief, the District may do so in any country and jurisdiction that the District deems has the authority to provide the relief sought. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed ineffective to the extent of such invalidity and shall not affect the validity and enforceability of the remainder of such provision or any remaining provisions. This is the entire Agreement between the District and any user of or visitor to this Site relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sublicenseable by you except with the District's prior written consent. The failure of the District to enforce at any time the terms and conditions of this Agreement, or the failure of the District at any time to require your performance of any of the terms and conditions of this Agreement, will not be construed to be a present or future waiver of this Agreement, nor in any way affect the District's ability to enforce this Agreement. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
Last update: 9/22/2011