Terms of Use | Prospect Medical Systems

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Terms of Use

Terms of Use

1. ProspectMedical.com End-­User Agreement

TERMS OF SERVICE

Prospect Health System’s affiliated companies (“Prospect Health”) make information (“Information”) available for your use on this website (this “Site”), subject to the terms and conditions set forth in this document (these “Terms of Use”). By accessing or using this Site, you agree to these Terms of Use. If you do not accept these Terms of Use, you may not use or access this Site. Prospect Health reserves the right to change these Terms of Use from time to time in its sole discretion. Your use of this Site will be subject to the most current version of the Terms of Use posted on this Site at the time of such use. You agree to periodically review these Terms of Use, to ensure that you are aware of any changes to them. In addition, you shall be subject to any posted guidelines or rules that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use. If you breach any of these Terms of Use, your authorization to use this Site will automatically and immediately terminate.

COPYRIGHT; LIMITED LICENSE; USER CONDUCT

The Information on this Site is protected by copyright and/or other intellectual property laws and any unauthorized use of the Information at this Site may violate such laws. Except as expressly provided herein, Prospect Health and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to this Information.

Except as specifically permitted herein, no portion of the Information on this Site may be reproduced in any form or by any means without the prior written permission of Prospect Health.

Except as otherwise indicated elsewhere on this Site, you may view, download and print the Information available on this Site subject to the following conditions:

The Information may be used solely for personal, informational, internal, non-­‐commercial purposes; The Information may not be modified or altered in any way; The Information on this Site may not be distributed by you to others; and you may not remove any copyright or other proprietary notices contained in the Information.

Prospect Health reserves the right to revoke your authorization to view, download and print the Information available on this Site at any time, and any such use shall be discontinued immediately upon written notice from Prospect Health.

The rights granted to you constitute only a limited, non-­‐exclusive, non-­-sublicensable and non-­-transferable license and they do not constitute a transfer of title.

The rights to view, download and print the information available on this Site, as specified above, are not applicable to the design or layout of this Site, which are protected by trade dress and other intellectual property laws. The design or layout of this Site may not be copied or imitated in whole or in part.

DISCLAIMER

The Information made available on this Site is presented for educational purposes. This Site should not be used in emergency or urgent situations. This Site is not intended for medical diagnosis or treatment, and is not intended to be a substitute for consultation with or treatment by a competent medical professional. The Information on this Site is not intended to suggest a diagnosis or course of treatment for any individual.

NO WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND ALL INFORMATION ON THIS SITE ARE PROVIDED “AS IS” ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PROSPECT HEALTH MAKES NO WARRANTY THAT (i) THIS SITE AND INFORMATION WILL MEET YOUR REQUIREMENTS, (ii) THIS SITE AND INFORMATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-­FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE AND INFORMATION WILL BE EFFECTIVE, ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY INFORMATION OBTAINED BY YOU FROM THIS SITE WILL MEET YOUR EXPECTATIONS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. PROSPECT HEALTH MAY MAKE CHANGES TO THE INFORMATION ON THIS SITE, AT ANY TIME WITHOUT NOTICE. THE INFORMATION ON THIS SITE MAY BE OUT OF DATE, AND PROSPECT HEALTH MAKES NO COMMITMENT TO UPDATE SUCH INFORMATION.

PROSPECT HEALTH ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION WHICH IS REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO OTHER ORGANIZATIONS, AND THEIR SERVICES AND PRODUCTS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

THE USE OF THIS SITE OR THE DOWNLOADING OF ANY INFORMATION THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROSPECT HEALTH OR THROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

WAIVER, RELEASE AND LIMITATION OF LIABILITY

YOU AGREE THAT NEITHER PROSPECT HEALTH NOR ANY OF ITS AGENTS, OFFICERS, DIRECTORS, PARTICIPATING HEALTH CARE PROVIDERS, OWNERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR ACCESS TO OR USE OF THIS SITE OR ANY WEBSITE REFERENCED IN OR LINKED TO THIS SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST PROSPECT HEALTH AND ITS AGENTS, OFFICERS, DIRECTORS, PARTICIPATING HEALTH CARE PROVIDERS, OWNERS AND SUPPLIERS FOR LOSSES OR DAMAGES YOU SUSTAIN AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE AND THE INFORMATION.

NOTWITHSTANDING THE FOREGOING PARAGRAPH, YOU AGREE THAT THE TOTAL LIABILITY OF PROSPECT HEALTH, AND ITS AGENTS, OFFICERS, DIRECTORS, PARTICIPATING HEALTH CARE PROVIDERS, OWNERS AND SUPPLIERS, IF ANY, FOR LOSSES AND DAMAGES SUFFERED BY YOU ARISING OUT OF OR CONNECTED WITH YOUR USE OF OR ACCESS TO THIS SITE SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00). IN NO EVENT SHALL PROSPECT HEALTH OR ITS AGENTS, OFFICERS, DIRECTORS, PARTICIPATING HEALTH CARE PROVIDERS, OWNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, EVEN IF PROSPECT HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO BY THIS SITE.

LINKS TO OTHER WEBSITES

This Site may contain links to third-­‐party websites that are not under the control of Prospect Health. Prospect Health makes no representations whatsoever about any other website to which you may have access through this Site. When you access a non-­‐Prospect Health website, you do so at your own risk and Prospect Health is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on those sites or for the quality of any products or services available on such sites. Prospect Health provides such links merely as a convenience and the inclusion of the links does not imply that Prospect Health endorses or accepts any responsibility for the content or uses of such websites.

NOTIFICATION OF COPYRIGHT INFRINGEMENT

If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on any sites that may be linked to by this Site, please provide written notice thereof to Prospect Health’s Copyright Agent, and include the following information in the notice: a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed; a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringed; a description of the location on the Prospect Health website of the material that you claim is infringing; information sufficient to permit Prospect Health to contact you, such as your physical address, telephone number, and email address; a statement by you that you have a good faith belief that the use of the material identified in your written notice, in the manner in which it is used, is not authorized by the copyright owner, its agent, or the law; and a statement by you that the information in your written notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Prospect Health’s Legal Department for notice of claims of copyright infringement can be reached at legaldept@prospectmedical.com.

THE LEGAL DEPARTMENT SHOULD ONLY BE CONTACTED IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS SITE OR ON SITES LINKED TO BY THIS SITE.

USER’S REPRESENTATIONS AND WARRANTIES

You represent and warrant that you are at least 18 years of age and that you have the legal right and ability to enter into and be bound by these Terms of Use. You further represent and warrant that you have read these Terms of Use and that you agree to be bound by them and to comply with your responsibility as stated in these Terms of Use.

TERMINATION

These Terms of Use shall remain in effect until terminated by Prospect Health, in its sole discretion.

GOVERNING LAW

These Terms of Use shall be governed by the internal laws of the State of California, without reference to its conflict of laws provisions.

BINDING ARBITRATION

You agree that any controversy, claim, dispute or proceeding involving Prospect Health and you which arises out of, or is related to, this Site or these Terms of Use shall be subject to final and binding arbitration which shall be conducted in Orange County, California by Judicial Arbitration and Mediation Services (JAMS) pursuant to its applicable rules.

NOTICE

For purposes of these Terms of Use, you agree that Prospect Health may give notice to you by posting such notice on this Site or by delivery of notice by regular mail or by email sent to an email address supplied by you. You may, for purposes of these Terms of Use, give notice to Prospect Health by email addressed to legaldept@prospectmedical.com, or by regular mail at the address set forth in the last paragraph of these Terms of Use.

ENTIRE AGREEMENT

You agree that these Terms of Use constitute the sole and exclusive agreement between you and Prospect Health with respect to this Site and the Information contained herein.

PROPRIETARY RIGHTS

Prospect Health reserves complete and sole discretion with respect to the operation of this Site and the Information. Prospect Health expressly retains all proprietary and ownership rights to this Site and the Information, subject only to the provisions of these Terms of Use.

SEVERABILITY/NON-­WAIVER

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions of these Terms of Use shall be enforced. The failure by one party to act with respect to a breach by the other party under these Terms of Use does not waive the first party’s right to act with respect to subsequent or similar breaches.

You may contact us in writing at 600 City Parkway West, 10th Floor, Orange, CA 92868, Attention: Legal Department or by emailing us at legaldept@prospectmedical.com for further information about the Terms of Use.