TERMS OF USE
These
terms and conditions ("Terms of Use") represent a binding agreement
between Physician Associates of the Greater San Gabriel Valley ("Physician
Associates") and you ("you"), a user of this website and any
materials, software and services it offers (collectively, the "Site").
1.
This
is a binding agreement. By
accessing and using the Site, you agree to abide by these Terms of Use, as
Physician Associates may amend them from time to time in its sole discretion.
Physician Associates will post a notice on the Site any time these Terms
of Use have been changed or otherwise updated.
It is your responsibility to review these Terms of Use periodically, and
if at any time you find these Terms of Use unacceptable, you must immediately
leave the Site and cease all use of any materials, software or services obtained
from the Site. By continuing to use
the Site following notice of any revision, you agree to abide by any such
revision.
2.
Materials
included on the Site are the property of Physician Associates.
All materials available on or from the Site are protected by copyrights,
trademarks, service marks, patents, trade secrets, and/or other proprietary
rights and laws. You may not sell,
license, rent, modify, distribute, copy, reproduce, transmit, publicly display,
publicly perform, publish, adapt, edit, or create derivative works from such
materials without the prior written permission of Physician Associates. You may,
however, view and download materials from the Site to a single computer for your
personal, non-commercial use, provided you keep intact all copyright and other
proprietary notices contained in such materials.
3.
Physician
Associates may make certain software available to you from the Site.
If you download software from the Site, the software, including all files
and images, contained in or generated by the software, and accompanying data
(collectively, "Software") are provided to you under license from
Physician Associates, for your personal, non-commercial use only.
Physician Associates retains full and complete title to the Software as
well as all intellectual property rights contained therein. You may not sell,
redistribute or reproduce the Software, and you agree not to decompile, reverse
engineer, disassemble or otherwise convert or attempt to convert the Software to
a human-perceivable form.
4.
Certain
restrictions apply to your use of the Site.
4.1.
You agree not to upload, download, display, perform, transmit
or otherwise distribute any materials that (a) are libelous, defamatory,
obscene, pornographic, abusive or threatening; (b) advocate or encourage conduct
that could constitute a criminal offense, give rise to civil liability, or
otherwise violate any applicable local, state, national, or foreign law or
regulation; or (c) advertise or otherwise solicit funds or are a solicitation
for goods or services. Physician Associates reserves the right to terminate your
receipt, transmission or other distribution of any such material by means of the
Site, and, if applicable, to delete any such material from its servers.
Physician Associates intends to cooperate fully with any law enforcement
officials or agencies in the investigation of any violation of these Terms of
Use or of any applicable laws.
4.2.
You are prohibited from violating or attempting to violate
any security features of the Site, including, without limitation, (1) accessing
content or data not intended for you, or logging onto a server or account that
you are not authorized to access, (2) attempting to probe, scan or test the
vulnerability of the Site or any associated system or network, or to breach
security or authentication measures without proper authorization, (3)
interfering or attempting to interfere with service to any user, host or
network, including, without limitation, by means of submitting a virus to the
Site, overloading, “flooding,” “spamming,” “mail bombing” or
“crashing,” (4) sending unsolicited email, including, without limitation,
promotions or advertisements for products or services, or (5) forging any TCP/IP
packet header or any part of the header information in any email or in any
posting to the Site. Any violation
of system or network security may subject you to civil and/or criminal
liability.
5.
Physician
Associates reserves the right to terminate your use of the Site.
In order to ensure that Physician Associates provides a high-quality
experience for you and for other users of the Site, you agree that Physician
Associates or its representatives may investigate complaints or allegations of
abuse, infringement of third-party rights, or other unauthorized uses of the
Site. Physician Associates does not
intend to disclose the existence or occurrence of such an investigation unless
required by law, but Physician Associates reserves the right to terminate your
access to the Site immediately, with or without notice to you, and without
liability to you, if Physician Associates believes that you have violated any of
the Terms of Use, furnished Physician Associates with false or misleading
information, or interfered with use of the Site by others.
6.
Physician
Associates disclaims all warranties (please read this carefully).
Physician Associates is making the Site available "AS IS" without
warranty of any kind. YOU ASSUME
THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABLITY TO USE, THE
SITE. TO THE MAXIMUM EXTENT
PERMITTED BY LAW, PHYSICIAN ASSOCIATES EXPRESSLY DISCLAIMS ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED
TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NONINFRINGEMENT. PHYSICIAN
ASSOCIATES DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT
THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE.
7.
Physician
Associates' liability to you is limited (please read this carefully).
IN NO EVENT SHALL PHYSICIAN ASSOCIATES BE LIABLE TO YOU OR TO ANY THIRD
PARTY FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSQUENTIAL DAMAGES,
INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF DATA, LOST PROFITS, OR LOST
BUSINESS OPPORTUNITIES, REGARDLESS OF THE FORESEEABILITY OF SUCH DAMAGES.
THIS LIMITATION WILL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF
BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN
TYPES OF LIABILITY, SOME OR ALL OF THE FOREGOING MIGHT NOT APPLY TO YOU.
8.
Physician
Associates has no control over, and no liability for, any third-party websites
or materials. Physician
Associates works with a number of partners and affiliates whose Internet sites
may be linked with the Site. Because
neither Physician Associates nor the Site has control over the content and
performance of these partner and affiliate sites, Physician Associates makes no
guarantees about the accuracy, currency, content or quality of the information
provided by such sites, and Physician Associates assumes no responsibility for
unintended, objectionable, inaccurate, misleading or unlawful content that may
reside on those sites. Similarly,
from time to time in connection with your use of the Site, you may have access
to content items (including, but not limited to, websites) that are owned by
third parties. You acknowledge and
agree that Physician Associates makes no guarantees about, and assumes no
responsibility for, the accuracy, currency, content or quality of this
third-party content.
9.
You
will indemnify Physician Associates for certain of your acts and omissions.
You agree to indemnify, defend and hold harmless Physician Associates, its
affiliates, officers, directors, employees, consultants, agents and
representatives from any and all third party claims, losses, liability, damages
and/or costs (including reasonable attorneys' fees and costs) arising from your
access to or use of the Site, your violation of these Terms of Use or your
infringement of any intellectual property or other right of any person or
entity. Physician Associates will notify you promptly of any claim hereunder,
and will provide you with reasonable assistance, at your expense, in defending
any such claim.
10.
Certain
other, general terms apply to these Terms of Use.
10.1.
These Terms of Use shall be construed in accordance with and governed by
the laws of the United States and the State of California, without reference to
rules regarding conflicts of law. You
consent to the exclusive jurisdiction of the state and federal courts having
jurisdiction over Los Angeles, California for the adjudication of any
controversy, claim or dispute which arises from or relates to these Terms of Use
or your use of the Site.
10.2.
If any provision of this Agreement is determined by any court of
competent jurisdiction to be invalid or unenforceable, such provision shall be
interpreted to the maximum extent to which it is valid and enforceable, all as
determined by such court in such action, and the remaining provisions of this
Agreement will, nevertheless, continue in full force and effect without being
impaired or invalidated in any way.
10.3.
No waiver of any breach of any provision of these Terms of Use shall
constitute a waiver of any prior, concurrent, or subsequent breach of the same
or any other provisions hereof, and no waiver shall be effective unless made in
writing and signed by an authorized representative of the waiving party.
10.4.
Nothing contained on the site should be understood as granting you a
license to use any of the trademarks, service marks or logos owned by Physician
Associates or by any third parties.
10.5.
The Site is controlled and operated by Physician Associates from its
offices in the State of California. Physician
Associates makes no representation that any of the materials or the services to
which you may receive access through the Site are available or appropriate for
use in other locations. Those who
choose to access the Site from other locations do so at their own risk and are
responsible for compliance with any and all local laws, if and to the extent
local laws are applicable. Use of
or access to the Site should not be construed as the purposeful availment of the
benefits or privilege of Physician Associates' doing business in any state other
than the State of California.
BY USING THE SITE, YOU ACKNOWLEDGE
THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
YOU FURTHER AGREE THAT THESE TERMS OF USE, WHICH MAY BE MODIFIED FROM
TIME TO TIME BY PHYSICIAN ASSOCIATES (AND POSTED AT THE SITE), CONSTITUTE THE
COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND OBLIGATIONS OF YOU AND
PHYSICIAN ASSOCIATES WITH RESPECT TO YOUR USE OF THE SITE.