We reserve the right at any time to:
* 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. 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, audio and video clips, software and links (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. Should you have any health problems or healthcare-related questions, please call or see your physician or other healthcare provider promptly. If you have an emergency medical condition, call 911.
South Asian Heart Center does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this web site. Reliance on any information provided by South Asian Heart Center is solely at your own risk.
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 the South Asian Heart Center endeavors to use reasonable care in assembling the Information, you should be aware that the Information may contain errors, omissions, inaccuracies or outdated information. South Asian Heart Center 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.
Third Party Links.
Limited Permitted Use of Information.
Unless otherwise specified on the Site, you may download or print a single copy of any textual Information displayed on the Site, and use the downloaded or printed Information solely for your own benefit. You must retain all copyright and other proprietary notices on downloaded or printed Information, and any such downloads or copies are subject to the terms and conditions of this Agreement and shall remain the property of South Asian Heart Center and its licensors and suppliers (as further provided below). Further, the use, downloading and printing of Information is conditioned on your acceptance of any additional terms and conditions (including any license agreements) relating to such Information that are presented or provided in connection therewith, including agreements of third parties. By acquiring or using the Information, you agree to such terms and conditions.
Ownership and Restrictions on Use.
The Site is owned and operated by South Asian Heart Center in conjunction with others pursuant to contractual arrangements, and the Information (and any intellectual property and other rights relating thereto) are and will remain the property of South Asian Heart Center 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 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 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.
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 in connection with any product or service that is not El Camino Hospital’s, in any manner that is 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 South Asian Heart Center 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 South Asian Heart Center 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 South Asian Heart Center against you, the DMCA permits you to send South Asian Heart Center 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, Attn: Website Manager, 2480 Grant Road, Mountain View, CA 94040.
Access by Minors.
South Asian Heart Center 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 ofGetNetWise.org.
The Site is solely directed to individuals residing in the United States. We make no representation that the Site or Information 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.
This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, 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 by either party, your right to use the Site shall immediately cease, and you shall destroy all Information and all copies thereof, whether made under the terms of this Agreement or otherwise.
THE SITE, INFORMATION, AND ANY PRODUCTS AND SERVICES OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" 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, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions 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. 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, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY INFORMATION ARE ENTIRELY AT YOUR OWN RISK.
Limitation of Liability.
NEITHER SOUTH ASIAN HEART CENTER NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY 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. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, INFORMATION, OR ANY LINKED SITE IS TO STOP USING THE SITE, INFORMATION, OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO SOUTH ASIAN HEART CENTER FOR ALL DAMAGES, LOSSES 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 SITE OR ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.
You agree to indemnify, defend and hold South Asian Heart Center and El Camino Hospital, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, 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 any violation of the Code of Conduct, above; and/or (b) your activities in connection with the Site.
Contacting El Camino Hospital Regarding the Site.
El Camino Hospital
C/O Community Relations
2480 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 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. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us 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. 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.
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;
- Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or that infringes, misappropriates or violates any intellectual property, privacy or other right 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 items of a destructive nature;
- Modify, adapt, 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;
- "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.southasianheartcenter.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; or
- Harvest or collect information about Site visitors without their express consent.
While using the Site and Information, you agree to comply with all applicable laws, rules and regulations. Further, you agree (i) that all information that you provide to the South Asian Heart Center or a related third party provider will be accurate and complete and (ii) to pay all charges, if any, incurred by you for your use of the Site or your acquisition of any product or service through the Site.