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.
Medical and Other Information Provided by the Site.
Please note that the information and materials provided through the El Camino Hospital Web Site, including data, text, graphics, images, software, and audio and video clips (collectively, the "Information") is provided for your convenience and is not intended, nor is it implied, to be instruction or advice for medical diagnosis or treatment or a substitute for professional medical care. Information on the Site is not provided in the course of a professional relationship between a health care provider and a patient and is not intended to create any patient relationship, nor should it be considered a replacement for consultation with a health care professional. Should you have any health problems or health care-related questions, please call or see your physician or other health care provider promptly. If you have an emergency medical condition, call 911. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE.
Further, note that data and other information in the medical field change frequently and are subject to differing interpretations. In addition, the facts and circumstances of every situation differ. Accordingly, although El Camino Hospital endeavors to use reasonable care in assembling the Information, you should be aware that El Camino Hospital has no obligation to update the Information and that the Information may contain errors, omissions, inaccuracies or outdated information. El Camino Hospital makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Information and assumes, and shall have, no liability of any kind relating to the Information.
El Camino Hospital does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this Site, including any information provided by third-party service providers, including information which may be linked to or framed from an external web site ("Linked and Framed Sites"). You assume full responsibility for any reliance on any information provided by El Camino Hospital and therefore rely on such information solely at your own risk.
Code of Conduct.
While using the Site and Information, 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 for any unlawful purpose;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Post or transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable (as determined in El Camino Hospital's sole discretion), or that infringes, misappropriates or violates any intellectual property, privacy, contractual or other right of any person or entity or (b) any confidential or non-public information about any other person or entity without the authorization to do so;
- 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, except to the extent prohibited by law;
- Remove any copyright, trademark or other proprietary rights notices contained in the Site or Information;
- "Frame" or "mirror" any part of the Site without our prior written authorization;
- Link to any page of or content on the Site other than the URL located at http://www.elcaminohospital.org;
- Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
- Harvest or collect information about Site visitors without their express consent; or
- Attempt to defeat any security, password or encryption technology within the Site.
While using the Site and Information, you agree to:
- For any feature of the Site that requires a username and password to access, update your information as necessary to ensure that any information that you provide to El Camino Hospital or a third-party service provider is accurate and complete;
- Maintain the security of any username and password you use to access any feature of the Site and be responsible for all action, inaction and activities that occur under that username and password;
- Comply with all applicable federal, state and local laws, rules and regulations, including, without limitation, those pertaining to claims of libel, slander, defamation, disparagement, harassment, invasion of privacy, piracy, plagiarism, obscenity, indecency and intellectual property infringement or misappropriation; and
- Pay all charges and interest accrued, if any, incurred by you for your use of the Site, Linked and Framed Sites or your acquisition of any product or service through the Site.
You represent and warrant that you are the sole and exclusive owner of any material submitted to the El Camino Web Site and agree that any submissions you make to the El Camino Web Site become property of El Camino Hospital, except that protected health information will be treated consistent with policies set forth in the Notice of Privacy Practices.
Limited Permitted Use of Information.
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 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.elcaminohospital.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 El Camino Hospital in conjunction with its licensors and suppliers pursuant to contractual arrangements, and the Information (and any intellectual property and other rights relating thereto) are and will remain the property of El Camino Hospital and its licensors and suppliers. The Information and the selection, compilation, collection, arrangement and assembly thereof are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not sell, copy, reproduce, republish, upload, post, transmit or distribute Information or other content or information available on or through the Site in any way without our prior written permission. 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 El Camino Hospital or, if so indicated in writing by El Camino Hospital, its licensors or suppliers. Modification of or the creation of derivative works based on the Site or Information or use of the Site or Information 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 El Camino Hospital.
The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are the registered and unregistered trademarks of El Camino Hospital, El Camino Hospital's licensors and suppliers, and others. The Trademarks owned by El Camino Hospital, whether registered or unregistered, may not be used without El Camino Hospital's written permission and may never be used in connection with any product or service that is not El Camino Hospital's, in any manner that is reasonably likely to cause confusion with customers, or in any manner that disparages El Camino Hospital. 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 El Camino Hospital, El Camino Hospital's licensors or suppliers, or the third-party owner of any such Trademark. Misuse of any Trademarks is prohibited, and El Camino Hospital will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
Claims of Copyright Infringement.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by El Camino Hospital infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow El Camino Hospital to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed with El Camino Hospital against you, the DMCA permits you to send El Camino Hospital a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. Notices and counter-notices with respect to the Site should be sent to: El Camino Hospital, Community Relations, Att: Website Manager, 2500 Grant Road, Mountain View, CA 94040.
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.
El Camino Hospital 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 or Information are 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.
We reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site, Information, or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement, you agree to immediately cease your use of the Site, and you agree to destroy all Information and all downloads and copies thereof, whether made under the terms of this Agreement or otherwise. Termination will not terminate liability for any payments due to El Camino Hospital or a third-party service provider related to use of the Site or the services provided by El Camino Hospital or a third-party service provider.
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, EL CAMINO HOSPITAL AND ITS AFFILIATES, LICENSORS, SUPPLIERS, 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. EL CAMINO HOSPITAL AND ITS AFFILIATES, LICENSORS, SUPPLIERS, 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. EL CAMINO HOSPITAL HAS NO OBLIGATION TO DETECT OR ATTEMPT TO DETECT THE PRESENCE OR TRANSMISSION OF ANY ROGUE PROGRAMMING WITHIN THE SERVICE. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND INFORMATION AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF EL CAMINO HOSPITAL OR ITS AFFILIATES, LICENSORS, SUPPLIERS, 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.
A possibility exists that the Site and/or Information could include inaccuracies or errors, or information or materials that violate the terms of this Agreement (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site and/or Information. We make no guarantees as to the completeness or correctness of the Site or Information. In the event that a situation arises in which the completeness or correctness of the Site or Information is in question, please contact us at ECH_Webmaster@elcaminohospital.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. For copyright infringement claims, see the section on "Claims of Copyright Infringement" above.
Limitation of Liability.
NEITHER EL CAMINO HOSPITAL 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 EL CAMINO HOSPITAL 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 EL CAMINO HOSPITAL 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 El Camino Hospital, our affiliates, licensors, suppliers, 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, including, without limitation, any violation of the Code of Conduct, above; 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 El Camino Hospital Regarding the Site.
El Camino Hospital
C/O Community Relations
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 El Camino Hospital 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 El Camino Hospital 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 El Camino Hospital seeks injunctive relief, El Camino Hospital may do so in any country and jurisdiction that El Camino Hospital 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 El Camino Hospital 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 El Camino Hospital's prior written consent. The failure of El Camino Hospital to enforce at any time the terms and conditions of this Agreement, or the failure of El Camino Hospital 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 El Camino Hospital'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: 3/28/2011