By Using this Website You Agree to the Following
Updated as of September 1, 2016
Please read these terms of use (“Terms”) carefully before using this website (“Website”), portals, our SMS text notification services, and any other services we may provide (collectively, our “Services”). The Services are provided by the Website owner identified on the Website homepage (“we,” “us,” or “our”).
These Terms may have changed since you last used our Services. Your use of our Services is subject to your compliance with these Terms. These Terms apply to all visits to our Website and all uses of our Services, including (but not limited to) all associated content, information, recommendations, and/or services provided to you by or through our Services.
By accessing and using our Services, you hereby agree to these Terms in their entirety. You may not use our Services (or any part thereof) if you do not agree to be bound by these Terms.
The information contained in or provided by our Services is offered solely for your consideration, and is subject to your verification. It is not to be taken as a warranty or representation by which we or our affiliates assume legal responsibility, nor do we grant permission to use or practice anything contained therein, nor recommends such use or practice.
Our Services are not intended to be a substitute for professional medical advice from a qualified healthcare provider. Do not use information provided via our Services to diagnose or treat a health condition or disease without consulting a qualified healthcare provider. There is no physician-patient relationship arising solely by virtue of using the Services. Never disregard professional medical advice or delay seeking it because of something you have read via the Services. Do not use our Services for medical emergency services. In an emergency, call 911, your personal physician, and/or your local emergency assistance number.
We reserve the right to revise and update these Terms at any time without notifying you. As such, please periodically review these Terms, our Privacy Policy, Acceptable Use Policy, and any other policies that may be posted on this Website, each of which are accessible via the Website homepage. Continued usage of our Services will be considered acceptance of any changes. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms on particular pages at this Website.
Our Services are not intended for users under the age of 13. We do not knowingly collect personally identifiable information from users under the age of 13. Users under the age of 13 are expressly prohibited from submitting their personally identifiable information to us via the Services or using portions of the Website or Services that require registration.
Our Services, including all associated information related to our Services, are the property of us and/or our affiliates and licensors. Our Services are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. All rights reserved.
The contents of our Services may be viewed and accessed only for your personal, non-commercial use, provided that all copyright and other proprietary notices are retained on any copies made of the materials. The materials and information available via our Services may not be modified in any way, and may not be reproduced, distributed or used for any public or commercial purpose unless expressly permitted by us in writing. Any use of the materials or information available via our Services for any other purpose is prohibited. Nothing herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark or other proprietary interest of us or other third parties. If you breach any of these terms, your authorization to use our Services is terminated and you must immediately destroy any downloaded or printed materials.
All of our or our affiliates’ trademarks, service marks and trade names (“Trademarks”) are trademarks or registered trademarks that belong to us or our affiliates, unless stated otherwise. You may not use or display the Trademarks for any purpose, including but not limited to, in advertising or publicity pertaining to distribution of materials via our Services, without our prior written consent. Any other trademarks appearing on third party websites linked to by our Services are the property of the respective owners or operators of those third party websites.
Links to third party websites by our Services may be provided solely as a convenience. If you use these third party links, you will leave our Services. We are not responsible for such third party websites, nor do we control such websites. We also do not claim to have reviewed these third party websites or any associated content. As such, we are not responsible for any of these websites or their content. We are not responsible for any charges or fees associated with financial transactions that may occur on or through a third party website. Moreover, we do not endorse or make any representations about any of the websites for which links are provided, or any information, software or other products or materials made available by such third party websites, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to by our Services, you do so entirely at your own risk. The mention of specific products, processes, or services within our Services does not constitute or imply a recommendation or endorsement under any circumstances.
The storage or reproduction of our Services (or any part of our Services) in any external internet site or the creation of links, hypertext, or deeplinks between our Services and any other internet website, is prohibited.
The providers displayed on our Services are credentialed to treat patients at our facilities and, to the best of our knowledge, are in good standing. We may allow you to search providers by alphabetical listing or other searches based on individual needs or preferences. Providers employed by the parent company of the hospital may (but is not required to) appear before other providers.
YOU AGREE TO ASSUME THE RISK OF ACCESSING AND USING OUR SERVICES. OUR SERVICES, INCLUDING ALL CONTENT, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION VIA THE SERVICES IS FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE ADVICE.
WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT OR INFORMATION PROVIDED OR MADE AVAILABLE VIA OUR SERVICES IS ACCURATE, COMPLETE OR CURRENT, OR THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS IN OUR SERVICES WILL BE CORRECTED OR THAT OUR SERVICES OR THE SERVER THAT MAKES OUR SERVICES AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN OUR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, IN EACH CASE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. INFORMATION PUBLISHED OR MADE AVAILABLE VIA OUR SERVICES MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR REGION.
YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH OUR SERVICES IS TO CEASE USE OF OUR SERVICES.
WE RESERVE THE RIGHT TO SUSPEND OR WITHDRAW THE WHOLE OR ANY PART OF OUR SERVICES AT ANY TIME WITHOUT NOTICE WITHOUT INCURRING ANY LIABILITY.
IN NO EVENT WILL ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING OUR SERVICES (OR ANY PART THEREOF), OR ANY OTHER THIRD PARTIES MENTIONED VIA OUR SERVICES (OR ANY PART THEREOF) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES (OR ANY PART THEREOF), ANY WEBSITES LINKED TO OUR SERVICES, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEBSITES, INCLUDING DAMAGES CAUSED BY VIRUSES OR ANY INCORRECTNESS OR INCOMPLETENESS OF THE INFORMATION PROVIDED OR MADE AVAILABLE VIA OUR SERVICES (OR ANY PART THEREOF), OR THE PERFORMANCE OF THE PRODUCTS OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY TO YOU RELATING TO OUR SERVICES (OR ANY PART THEREOF) EXCEED ONE HUNDRED DOLLARS ($100).
Any information, including but not limited to remarks, suggestions, ideas, graphics, or other submissions, communicated to us through our Services is the exclusive property of us and/or our affiliates. We are entitled to use any information submitted for any purpose, without restriction (except as stated in our Privacy Policy) or compensation to the person sending the submission. The user acknowledges the originality of any submission and accepts responsibility for its accuracy, appropriateness, and legality.
You are prohibited from using our Services to post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic, illegal, or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using our Services to advertise or perform any commercial solicitation. We will have no obligations with respect to such communications. We reserve the right to remove any and all user submissions it deems in violation of these Terms.
You agree to defend, indemnify, and hold us, our affiliates, and our respective officers, directors, employees, agents, licensors, and affiliates harmless from and against any and all claims, losses, liability, costs, and expenses (including attorneys’ fees) arising from your use of our Services, violation of these Terms, or violation of any third party rights.
YOU AGREE TO WAIVE ANY AND ALL LAWS THAT MAY LIMIT THE EFFICACY OF ANY RELEASES CONTAINED IN THESE TERMS, INCLUDING THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542.
If you believe that your copyrighted work has been copied and is accessible through our Services in a way that constitutes copyright infringement, please notify our designated copyright agent. The notice must include all of the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“Copyright Act”). As of the date of the posting of this Agreement, the information that you must provide includes: identification of the copyrighted work that allegedly has been infringed; identification of the material on our Services that you believe infringes the copyright (with sufficient specificity to allow us to locate it); a statement that you believe in good faith that the use is not authorized by the copyright owner, its agent or the law; a statement that the information you have provided is accurate and, under penalty of perjury, that you are the owner of the copyright involved or are otherwise authorized to act for the owner; your physical or electronic signature or the signature of a person authorized to act on behalf of the owner of the allegedly infringed right; and your contact information. Please keep in mind that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Any claims of copyright infringement concerning our Services should be sent to info@clineva.com. We will respond to each complaint quickly and diligently. Only copyright complaints should be sent to the above agent. No other communications will be accepted.
Some statements made available by our Services are not historical facts and therefore are considered forward-looking statements within the meaning of Section 21E of the Securities and Exchange Act of 1934. These forward looking statements are subject to risks and uncertainties as which could cause our actual results to differ materially from those expressed in or implied by the content of our Services. Forward-looking statements made available by our Services are made as of the date of the initial publication and we undertake no obligation to update any of these forward-looking statements as actual events unfold.
We are not responsible for any charges or fees associated with financial transactions that occur on or through third party websites. Any payments you may make for services you have found through use of our Services or through any Portal (such as enrolling in a class) are made exclusively through an affiliated third party website the separate privacy policy of which applies, and not through our Services or Portal. We encourage you to read the privacy statements of each and every website that collects personally identifiable information.
We are sensitive to the expectation of privacy by those who access and use our Services. For a complete statement of our policies related to online privacy, please read our Privacy Policy, available at our Website homepage.
This agreement is entered into and performed in the State of California and you agree this agreement is governed by the laws of the State of California, without consideration to the principles of the conflicts of law. Your continued use of our Services, confirms you consent and submit to the personal jurisdiction in the State of California and venue of the County of Orange for any state or federal action arising out of the use of our Services or these Terms. This agreement does not constitute doing business in any other state than the State of California.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to our Services, the Terms or the Privacy Policy must be filed within one year after such claim or cause of action arose or such claim or cause is barred.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.
The section titles of the Terms are merely for convenience and will not have any effect on the substantive meaning of these Terms.
Except as expressly provided in a particular "legal notice" on our Services, these Terms constitute the entire agreement between us and you, respectively, with respect to the use of our Services and content contained therein.
We have developed a mobile alert and messaging service that may allow you to receive confirmation or reminders for billing purposes, medical appointments at our facilities, and other communication we may send. In addition to the mobile alert services, you may also receive additional notifications from us. By providing a mobile number that allows you to receive text message or short message reminders and information, you are opting to participate in our mobile alert and messaging service and you agree to be bound by the following terms and conditions related to our SMS text notification services.
Updated as of September 1, 2016
Please read the terms and conditions of this Acceptable Use Policy (“Policy”) carefully before using the wireless Internet service (“Service”) provided by the Website owner identified on the Website homepage (“we,” “us,” or “our”). We provide the Services as a free public service to our patients, their families and visitors, providers, and in some cases, our employees (“you”). Your use of the Service must adhere to all policies, standards, and guidelines at all times, including, but not limited to the Terms and Conditions and Privacy Policy, which are posted or made available on this website homepage.
By indicating your acceptance of this Acceptable Usage Policy, either by clicking on the “I Agree” button below or by accessing the Service, you agree that you have read and accept the terms and conditions contained herein.
Our employees and employees of our affiliates (“employees”) may use our Services if they access or use the Services using a personal device not provided by us or our affiliates and if such access is for personal use and not for work purposes. Employees may not use the Services from a device provided by us or our affiliates or for employment purposes, unless approved in advance by our management for a specific business requirement. If management approves the employee’s use of the Services, the employee has the responsibility to use the Service only for the approved business purposes, and in a professional, ethical, and lawful manner in accordance with our Code of Conduct. Violations of our Internet policies, standards, or guidelines could result in disciplinary action, including, without limitation, employee termination.
As a condition of your use of the Service, you agree to all of the following:
We use reasonable efforts to provide technical support for the Service Monday through Friday from 8 a.m. to 5 p.m. (CST), excluding holidays. You understand that you are not guaranteed the right to receive technical support.
We have no control over the information obtained through the Internet and cannot be held responsible for the content or accuracy of any information obtained by you through the Internet as a result of your use of our Services. You may find materials on the Internet which are offensive or inappropriate. You understand that your use of the Services is at your own discretion. We reserve the right (but are not obligated) to remove, block, filter, or restrict by any other means any materials that we believe in our sole discretion may be illegal, subject us or our affiliates to liability, or which may violate this Acceptable Use Policy or any other policy or agreement, including, without limitation, the Terms of Use and the Privacy Policy, accessible via the Website homepage. You understand that we may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong, without notice to you. Your violation of any of these terms and conditions may result in the suspension or termination of either access to the Service and/or our facility or other actions as detailed below immediately and without prior notice to you.
WE PROVIDE THE SERVICES ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES RELATED TO THE SERVICE. WE MAKE NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, ACCESSIBILITY, COMPLETENESS OR TIMELINESS OF ANY INFORMATION RECEIVED THROUGH USE OF THE SERVICE OR WITH RESPECT TO THE AVAILABILITY OF THE SERVICE OR SPECIFIC RATES OF SPEED. WE DO NOT WARRANT THAT THE SERVICE WILL BE OPERATIONAL, SECURE, ERROR-FREE, VIRUS FREE OR TAMPER-PROOF. YOU USE THE SERVICE AND ALL INFORMATION AND MATERIALS OBTAINED THROUGH THE SERVICE AT YOUR OWN RISK.
You shall indemnify, defend and hold us and our affiliates and our respective officers, directors, employees, shareholders, members or agents harmless from all damages, liabilities and expenses (including but not limited to all costs, including attorneys’ fees, court costs, expenses and settlements resulting from any action or claim) arising out of, connected with or resulting from any violation of this Agreement by you and/or your use of the Service.
YOU EXPRESSLY AGREE THAT IN NO EVENT SHALL WE OR OUR AFFILIATES OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS OR AGENTS BE LIABLE FOR ANY DAMAGES OR PENALTIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE, WHETHER SUCH LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STATUTE, REGULATION, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUCH PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR PENALTIES. IN THE EVENT THAT ANY PORTION OF THE FOREGOING PROVISION IS FOUND FOR ANY REASON TO BE UNENFORCEABLE, THEN YOU EXPRESSLY AGREE THAT IN NO EVENT SHALL THE TOTAL LIABILITY OF US, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS AND AGENTS, REGARDLESS OF THE FORM OF CLAIM OR ACTION, EXCEED, IN THE AGGREGATE, ONE HUNDRED DOLLARS ($100.00).
You understand that neither we nor our affiliates will be held liable for any damage, undesired resource usage, or detrimental effects that may occur to your device and software while you use the Service. You hereby release us and our affiliates from liability for any loss, damage, security infringement, or injury which you may sustain as a result using the Service. You agree to be solely responsible for any such loss, infringement, damage, or injury. If the Service is or becomes unacceptable to you, your sole remedy shall be to stop using the Service.
The Services may change from time to time. You understand that we reserve the right to change the Services or any feature of the Services offered without notice. We also may revise, amend, or modify these terms and conditions and any other policies and agreements at any time and in any manner. Your continued use of the Services shall be your acceptance of such revised, amended or modified terms and conditions, which will be effective immediately upon posting such revised, amended, or modified terms and conditions to the Website. You are responsible for reviewing these terms and conditions from time to time to ensure that you are aware of any changes.
You understand and agree that we may terminate the Service or your access to the Service at any time, with or without reason or notification.
You agree that all disputes arising from your use of the Services shall be construed, governed and enforced under the laws of the United States and the State of California (without regard to rules governing conflict of laws). You agree to negotiate any disputes in good faith. If no resolution is achieved within thirty (6) days after such negotiation, then either you, us, or our affiliates may submit the dispute to non-binding mediation. You will bear your own costs and expenses of participating in the mediation (including without limitation, attorneys’ fees), which shall take place in Orange County, California and you shall bear one-half (1/2) of the costs and expenses of the mediator. The matters discussed or revealed in the mediation session shall not be revealed in any subsequent litigation. In the event the matter is not resolved in the mediation, suit may be brought. Nothing in this section shall be deemed to limit a party’s access to the court system to pursue a remedy that is limited to injunctive relief.
If any term herein is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions will continue in full force and effect.
No waiver of any breach of a provision of these terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision hereof and no waiver shall be effective unless made in writing.
You agree that all agreements and transactions between you and Facility and Clineva can be conducted electronically. You may print a paper copy of this Agreement to retain for your records.
If you are a copyright owner or such owner’s agent and believe that Facility’s Service have been used to infringe your copyrights, you may submit a notification to info@clineva.com containing: an identification of the copyright claimed to have been infringed and the material that is claimed to be infringing; information reasonably sufficient to permit Facility and Clineva to locate the material; your contact information; a statement that you have a good faith belief that use of the material in the manner complained of is not authorized and that you are authorized to act on behalf of the owner.
The information and advice published or made available through this web site is not intended to replace the services of a physician, nor does it constitute a doctor-patient relationship. Information on this web site is provided for informational purposes only and is not a substitute for professional medical advice.
We encourage your comments on Clineva Urgent Care's various blogs, and hope you will join the discussions. We can't respond to every comment, particularly those that deal with individual medical cases and issues. We review comments before they're posted, and those that are off-topic or clearly promoting a commercial product generally won't make the cut. We also expect a basic level of civility; disagreements are fine, but mutual respect is a must, and profanity or abusive language are out-of-bounds.
That's the plain English version. Here it is in legal language:
By posting any comments, posts or other material on Clineva Urgent Care-sponsored blogs, you give Clineva Urgent Care ("Clineva") the irrevocable right to reproduce, distribute, publish, display, edit, modify, create derivative works from, and otherwise use your submission for any purpose in any form and on any media. You also agree that you will not:
Clineva Urgent Care reserves the right (but is not obligated) to do any or all of the following:
Finally, you agree that you will indemnify Clineva Urgent Care against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of a claim by a third party relating to any material you have posted.