Last Revised April 15, 2013
to the Hoag Memorial Hospital Presbyterian (with its affiliates, collectively
governs your use of http://www.hoag.org and other websites, online locations and apps
of Hoag (the “Sites”). Through this
Agreement, Hoag grants you permission to use the Sites subject to the terms of
this Agreement. This Agreement forms a legally
binding agreement between you and Hoag that
is effective as if you had signed it. If
at any time you do not agree to these terms, please do not access or use the
Sites or any content.
1. NO MEDICAL ADVICE ON SITES
Sites provide general background and educational information. This information is not provided in the
course of a professional relationship between a health care provider and a
patient. It is not intended to be, and should not be used as, a substitute for
medical treatment by a health care professional.
will not make a diagnosis of your condition or recommendation about a course of
care or treatment for your particular circumstances through the use of the
Sites. You should not assume that information on a particular topic on the
Sites is complete or up-to-date.
Content, such as words, pictures, videos and other material found on the
Sites, is for informational use only. Information provided through the Sites is
not intended to take the place of advice from your doctor or other health care
professional on care, diagnosis or treatment. Always speak with your doctor or
other health care professional about any questions you may have about a medical
problem. Never ignore your doctor’s advice or wait to get medical help because
of something you have read on the Sites. If you think you may have a medical
emergency, call your doctor or dial 911 immediately.
2. ACCEPTANCE OF AGREEMENT
must agree to this Agreement before you access, browse or use the Sites. Your use
of the Sites is conditioned upon your acceptance of the terms set forth in this
Agreement. If you do not agree to the terms set forth in this Agreement, you
may not use the Sites.
undertaking any of the following actions, you agree to be bound by the terms of
to create an online account on a Site as described below; or
that you accept or agree to these terms if presented with the option to do so.
agreeing to this Agreement, you acknowledge and agree that you have read,
understand and accept the terms described below and you agree to be bound by
these terms and all terms, policies and guidelines incorporated in the
Agreement by reference.
3. YOUR USE OF THE SITES
Sites are directed
to individuals residing in the United States.
may use the Sites for personal or non-commercial purposes only. Any commercial use of the Sites or content,
such as selling content, posting information on another website or otherwise
copying, publishing or distributing the content for commercial use, is
prohibited. You may not modify the
Sites, or remove or obscure any acknowledgements, credits or notices on the
of the Sites by children under the age of 13 is prohibited. By using the Sites,
you warrant that you are 13 years of age or older. If you provide information to a Site, you warrant that
you are 18 years of age or older. If you are 13-17 years of age, you may access
the Site, but you may not submit any information and you warrant that you have
the permission of your parent or guardian who agrees to this Agreement on your
addition, in using the Sites you agree not to:
all or part of any Site, or use automated devices to search or scrap the Sites;
or delete any proprietary notices from materials downloaded or printed out from
download or print materials from the Sites;
or provide any data from the Sites to a third party;
the Sites in a manner or for any purpose contrary to any applicable law;
or transmit any communications or content of any type that infringes or
violates any rights of any party;
the Sites as a means to distribute advertising or other unsolicited material to
any third party;
material that is unlawful, obscene, defamatory, threatening, harassing,
abusive, slanderous, hateful or embarrassing to any other person or entity as
determined by Hoag in its sole discretion;
another person on the Sites or through use of the Sites.
Additional terms may apply to
sweepstakes, contests, surveys or other activities that may be offered on the
4. REGISTRATION AND ACCOUNTS
services offered on the Sites may require that you register to create an
account. You must provide complete and
accurate information during registration, including your first name, last name,
date of birth, zip code, social security number and email address, and update your information should it change
in the future.
maintain the confidentiality of your username and password. You agree to immediately notify Hoag at email@example.com of any unauthorized use
of your username or password or any other breach of security. If a password is lost or stolen, it is your
responsibility to change the password, and immediately notify Hoag. Hoag may assume that any use of your password is
made and authorized by you.
5. HOAG’S PROPRIETARY RIGHTS
or its licensors own and retain all right, title, and interest to the Sites,
their content, and any updates that may be provided to you under this
Agreement. Any unauthorized use of the
Sites, their content or updates is strictly prohibited and may be a violation
text, graphics, code, data, audio, video or other content on the Sites is
protected by United States and international copyright laws. You may download and reprint a single copy of
materials from the Sites only for your personal, non-commercial use, provided
you include all applicable acknowledgements, credits or notices. Any other use of the content is strictly
prohibited without the prior written permission of Hoag and its licensors.
is trademark of Hoag registered in the United States. “Hoag Memorial Hospital Presbyterian™”, “Hoag
Medical Foundation™”, “Hoag Medical Group™” and other marks, slogans and logos
of Hoag or its licensors are trademarks of Hoag or its licensors and protected
under United States law.
6. PRIVACY AND COLLECTION OF
collects information about you through your use of the Sites. By using the Sites, you agree that Hoag may
collect, retain, use and share information collected through your use of the
is incorporated by reference in this Agreement.
7. LINKS TO OTHER SITES
Sites may contain links to other websites or online locations, and other
websites or online locations may provide links to the Sites. These links are
provided for your convenience only. Hoag
does not control these other websites or online locations and assumes no
liability or responsibility for them, including any content or services
provided to you by them or links from them.
You should not consider any link to or from another website or online
location as an endorsement by Hoag unless Hoag expressly states so. Hoag may take down or block links at any time
in its sole discretion.
8. USER CONTENT
Sites may include features which allow users to submit content that others can
access, both within the Sites and through social media, apps, APIs and the
like. You retain any rights you hold in
content that you submit. All content submitted to the Sites is the sole
responsibility of the user who submitted the content. Hoag may or may not screen, review, monitor
or respond to any content submitted to the Sites by users, and is not
responsible for the accuracy or truthfulness of any user content. However, Hoag reserves the right to edit,
block, or remove any content at any time.
Use of or reliance on user
content is entirely at your own risk.
submitting content to the Sites, you grant Hoag a royalty-free, perpetual,
irrevocable, worldwide license, without further compensation, to use, host,
store, reproduce, modify, create derivative works, communicate, publish,
publicly perform, publicly display, and distribute such content. This license
continues indefinitely beyond termination of this Agreement for any reason by
any party. You warrant and covenant that the
content you submit is true, your own original work, and does not violate any
applicable law, infringe or violate any other person’s or entity’s rights, or
require any third party releases or any payment to a
9. GOVERNING LAW
Agreement shall be governed by and construed in accordance with the laws of the
State of California, without giving effect to choice of law principles. If any claim or action is initiated by you or
on your behalf directly or indirectly arising from this Agreement or related to
the Sites, you irrevocably agree to submit to the exclusive personal
jurisdiction of the state or federal courts located in or serving Orange
County, California. You waive any
jurisdictional, venue or inconvenient forum objections to such courts. Any
such claim or action will be brought individually and not on a class-wide
basis. You knowingly waive any right to participate in any form of
“class,” “joint” or “representative” litigation (including in any “private
attorney general capacity”) against Hoag concerning any such action or
any of the provisions of this Agreement are held to be not enforceable by a
court or other tribunal of competent jurisdiction, then such provisions will be
limited or eliminated to the minimum extent necessary so that this Agreement
will otherwise remain in full force and effect.
MODIFICATION OR TERMINATION OF AGREEMENT OR SITES
may, in its sole discretion, change or modify any of the terms contained in this
to regularly review the Agreement for updates.
You can determine when the
Agreement was last changed by referring to the “Last Revised” legend at the top
of this page. Each time you access, use
or browse the Sites, you signify your acceptance of the then-current Agreement.
may, in its sole discretion, terminate your access to the Sites, or any portion
thereof, or discontinue providing the Sites, or any portion thereof, with or
without notice. These actions are in
addition to and not in lieu or limitation of any other right or remedy Hoag may
have available at law. Hoag will not be
liable to you or any third party for any such termination or
discontinuance. Your sole and exclusive remedy
for dissatisfaction with the Sites is to stop using the Sites.
and Limitation of Liability
THE SITES AND ALL CONTENT ON THE SITES IS
PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND
IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF
PERFORMANCE. HOAG MAKES NO WARRANTY AS
TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH
THE SITES. YOU ARE RESPONSIBLE FOR
VERIFYING ANY INFORMATION BEFORE RELYING ON IT.
USE OF THE SITES AND CONTENT IS AT YOUR SOLE RISK.
HOAG MAKES NO REPRESENTATIONS OR
WARRANTIES THAT USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY
PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITES IS FREE OF
VIRUSES OR OTHER HARMFUL CODE.
TO THE MAXIMUM EXTENT PERMITTED
BY LAW, HOAG DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS
ALL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY
CONNECTED WITH ACCESS TO OR USE OF THE SITES OR THE CONTENT, EVEN IF HOAG HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Because some jurisdictions do not allow
limitations on how long an implied warranty lasts, or the exclusion or
limitation of liability for consequential or incidental damages, the above
limitations may not apply to you. This
Limitation of Liability shall be to the maximum extent permitted by applicable
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD
HARMLESS HOAG AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES,
AFFILIATES, PARTNERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, SUPPLIERS,
VENDORS, ACTIVITIES PARTNERS, SPONSORS, MERCHANTS, ADVERTISERS AND OTHERS
ACTING IN CONCERT WITH THEM, FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM OR
DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, MADE BY YOU OR
ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR USE OF
OR RELIANCE ON THE SITES OR ANY CONTENT, PRODUCTS, SERVICES, BRANDS, OR
ACTIVITY, YOUR DEALINGS IN CONNECTION WITH THE SITES OR HOAG, OR YOUR
SUBMISSION(S) OF ANY MATERIALS TO THE SITES OR HOAG; (B) YOUR VIOLATION OF THIS
AGREEMENT, ANY APPLICABLE LAWS, OR THE RIGHTS OF HOAG OR ANY THIRD PARTY; OR
(C) ANY ACTIVITY RELATED TO YOUR ACCOUNT OR PASSWORD, IF ANY.
13. Miscellaneous Provisions
Agreement sets forth the entire understanding and agreement between Hoag and you
with respect to the Sites. Hoag’s
failure to act with respect to a breach by you or others of this Agreement does
not waive Hoag’s right to act with respect to subsequent or similar breaches.
You may not assign or transfer this Agreement or your rights or
obligations under this Agreement without the prior written consent of
Hoag. There are no third party
beneficiaries to this Agreement.
14. NOTICE REQUIRED BY CALIFORNIA LAW
to California Civil Code Section 1789.3, users are entitled to the following
specific consumer rights notice:
name, address and telephone number of the provider of the Sites is Hoag Memorial Hospital Presbyterian, One Hoag Drive, P.O. Box 6100,
Newport Beach, CA 92658-6100, phone 949-764-HOAG (4624). Complaints regarding the Sites or content or
requests to receive further information regarding use of the Sites or content
may be sent to the above address or to firstname.lastname@example.org.
Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs may be contacted in writing at 1625
North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at 916-574-7950
or 800- 952-5210.
If you have questions about this
Agreement or the Sites, you may contact us at email@example.com,
1-877-833-9741, or Hoag
Memorial Hospital Presbyterian, One Hoag Drive, P.O.
Box 6100, Newport Beach, CA 92658-6100, Phone: 949-764-HOAG (4624).