Emanate Health – Website Terms of Use
This notice describes our general Website Terms of Use.
Terms of Use. By using our Website and any of the services provided on our Website (our Website Services), you are agreeing to these Terms of Use. We reserve the right to change these Terms of Use at any time by posting the changed terms on our Website. The changes will become effective upon posting, and will apply to any information we already have about you, as well as information you provide after the change. Please check the date at the top of this notice, and read these Terms of Use again if they have been updated since you last read them. These Terms of Use, as updated from time to time, are a contract between you and Emanate Health and its affiliates (referred to collectively as Emanate). The term “Website” includes this Website, and any other Website operated by Emanate. IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE OR OUR WEBSITE SERVICES.
Purpose of Our Website. Our Website and Website Services are intended to provide information about our organization and our affiliates, and general health information for educational purposes. Our Website does not provide medical diagnosis, treatment or advice, and we do not recommend or endorse any course of care or any health care providers nor does it create a provider-patient relationship. We do not promise that information on our Website is accurate, complete or up to date. This Website is not a substitute for professional care, and you should consult with your professional health care providers before you make decisions concerning your health care. IF YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST HOSPITAL IMMEDIATELY.
Your Use of Our Website. You are permitted to use our Website and Website Services for personal, non-commercial purposes only, and only in accordance with these Terms of Use. Subject to your compliance with these Terms of Use, we grant you a limited right to access and use the Website solely for your personal and non-commercial purposes. Your use of the Website must be in accordance with all applicable laws. You acknowledge that you do not hold, and have not acquired, any ownership rights in the Website. The following is a list of the type of actions that you may not engage in with respect to the Website:
- You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, access, retrieve, index, “data mine”, or in any way reproduce or circumvent, avoid, bypass, remove, or deactivate the navigational structure or technical measures or presentation of the Website or its contents.
- You will not interfere, access, tamper with or disrupt the Website or the servers or networks connected to the Website.
- You will not attempt to probe, scan or test the vulnerability of the Website or any of our systems or network or breach any security or authentication measures.
- You will not use any meta tags or other hidden text or metadata utilizing our trademarks, logos, URLs, or product names without our express written consent.
- You will not use the Website or content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms.
- You will not post, distribute, or reproduce in any way any content that infringes third-party intellectual property rights or violates third-party rights of privacy or rights of publicity.
- You will not use, display, “frame” or “mirror” any part of the Website, our names, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without prior written authorization from us.
- You will not collect or store any personal information, including personally identifiable information, from users without their express permission.
Website Intellectual Property. Unless otherwise indicated, all content on our Website is our property, is protected by United States and international copyright laws, and may not be downloaded, reproduced or disseminated for any purpose without our prior written permission. The names, words, symbols and graphics displayed on our Website or through our Website Services that identify Emanate or its services are Emanate’s proprietary names and marks, and may not be used or reproduced without permission. We reserve all intellectual property rights in our Website and content and our trade names and marks. When accessing the Website, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Website is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third-party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any content you provide or transmit.
Adults Only. This Website and our Website Services are for adults only. If you are under the age of 18 years, please leave this site.
Links to Other Sites. Our Website may contain links to other sites. We are not responsible for the content of sites that we do not operate, or the services they offer, and our linking to them is not an endorsement or recommendation.
Find a Doctor. Our “Find a doctor” Website feature provides information about physicians who practice in our community. The information available about local doctors is provided by the physicians who participate in the service. These physicians are independent practitioners, and are not employees or agents of Emanate. We do not guarantee that the information about them is accurate or complete. Before you engage a physician, you should call or visit the physician’s office and ask for all the information you need to satisfy yourself that the physician is qualified to meet your needs.
Your Privacy. When you visit our Website, we record information about the visit, such as the pages you visit, your IP address, operating system and browser information. We use this information as described in our Website Privacy Policy and Notice of Privacy Practices (for information protected by HIPAA). Please read to the Website Privacy Policy to learn how Emanate collects, uses, shares, and protects your personal information and to our Notice of Privacy Practices to learn how Emanate protects your medical information as required by law.
Some of our Website Services may allow you to contribute information to publicly available parts of our Website, such as chat rooms, service reviews, and the like. The Website Service that will tell you when information you provide may be made public. You agree that Emanate may use, adapt, publish and display all information you provide to a publicly available Website Service, and that Emanate has no obligation to pay you for any information that it uses.
Consent to Electronic Communications. By providing us with your email address or telephone number, you consent to receive electronic communication from the Practice. You agree that Emanate may send the following to you by email or by posting them on our Website: legal disclosures, these Terms of Use, the Website Privacy Policy, our Notice of Privacy Practices, future changes to any of the foregoing, and other notices, policies, communications or disclosures and information related to the Website. You agree that Emanate may contact you via email, phone, text, or mail regarding services we offer, which may include your health information. You understand that information contained in these communications may not be protected by encryption technology, and there is a risk that they may be read by a third party. You agree to update your contact information to ensure accuracy. Your consent to conduct actions electronically covers all interactions between you and the Practice.
If you later decide that you do not want to receive certain future communications electronically, please send an email to the address listed at the end of this notice. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above.
Emanate will need to send you certain communications electronically. You will not be able to opt out of those communications – e.g., communications regarding updates to the Terms of Use or information about billing. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms of Use provided to and accepted by you. If you withdraw your consent to receive communications electronically, certain features or services may become unavailable to you.
Notice and Removal of Infringing Material. If you believe that any content on our Website or Website Services infringes your copyright, you may ask us to remove it by providing a notice of claimed infringement to the email listed at the end of this notice.
Requests should comply with the requirements of 17 U.S. Code § 512(c)(3). Upon notification of claimed infringement, we will respond expeditiously to investigate the matter and to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity as appropriate under the circumstances.
SITE PROVIDED AS IS; NO LIABILITY; INDEMNIFICATION. THIS WEBSITE AND ALL OUR WEBSITE SERVICES ARE PROVIDED “AS-IS”, “AS AVAILABLE,” AND WITHOUT WARRANTY OF ANY KIND WHATSOEVER. IN PARTICULAR, WE GIVE NO WARRANTIES OR PROMISES CONCERNING THE ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, UTILITY OR AVAILABILITY OF ANY INFORMATION ON OUR WEBSITE OR PROVIDED THROUGH OUR WEBSITE SERVICES. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF OR INABILITY TO USE THE WEBSITE, OR RESULTING FROM ANY CONTENT POSTED ON THE WEBSITE.
WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK. FURTHERMORE, WE AND OUR LICENSORS DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. ANY MATERIAL OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT. NEITHER EMANATE NOR ITS DIRECTORS, OFFICERS OR AGENTS ARE LIABLE FOR ANY LOSS OR INJURY YOU MAY SUFFER AS A RESULT OF YOUR USE OF THIS WEBSITE OR THE WEBSITE SERVICES, AND YOU AGREE TO INDEMNIFY, DEFEND AND HOLD EMANATE AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS AGAINST ANY CLAIM, LOSS OR LIABILITY RESULTING FROM YOUR USE OF THIS WEBSITE OR OUR WEBSITE SERVICES.
BINDING ARBITRATION; NO CLASS ACTION. YOU AND WE AGREE THAT ANY CLAIM, CONTROVERSY OR DISPUTE ARISING OUT OF YOUR USE OF OUR WEBSITE OR WEBSITE SERVICES WILL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY JAMS IN LOS ANGELES, CALIFORNIA. THE ARBITRATOR’S AWARD MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. THIS AGREEMENT DOES NOT, HOWEVER, PRECLUDE US FROM BRINGING AN ACTION TO ENJOIN VIOLATIONS OF THESE TERMS OF USE. YOU AGREE THAT ANY ACTION YOU BRING IN CONNECTION WITH YOUR USE OF OUR WEBSITE OR WEBSITE SERVICES WILL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT IN A CLASS ACTION OR A CONSOLIDATED OR REPRESENTATIVE PROCEEDING.
California law governs these Terms of Use and any disputes relating to them.
Comments or Questions. If you have any comments, questions or complaints about this Website or our Website Services, please contact:
Emanate Health
210 W. San Bernardino Road
Covina, CA 91722
ATTN: Marketing & Communications Department
or
Send electronic request to the Marketing & Communications Department at Chong@EmanateHealth.org