Terms and Conditions
Annenberg Center for Health Sciences at Eisenhower (“ACHS”) may revise and update these Terms and Conditions at any time. Your continued usage of this website will mean that you accept these changes. ACHS reserves the right to bar, restrict, suspend, or terminate any user’s access to this website at any time for any reason.
1. Restrictions. By accessing this website, you agree that you will not:
- Upload or transmit any communications or content of any type that may infringe or violate any rights of any party;
- Use this website for any purpose in violation of local, state, national or international laws;
- Use this website as a means to distribute advertising or other unsolicited material to any third party;
- Use this website to post or transmit material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity; or
- Interfere with the proper working of this website including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design.
2. Account Information. Certain features and areas of this website are available only with the creation of an account. If you create an account with a unique login and password (“Account Information”), you must keep your Account Information confidential and you may not allow any third party to use it under any circumstances. ACHS is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Account Information. You must contact ACHS immediately if you become aware of or believe there is or may have been any unauthorized use of your Account Information, or otherwise wish to deactivate your account due to security concerns. If you are receiving unwanted E-mail from ACHS, or would like to report any other undesired activity you believe we may be responsible for, please contact: firstname.lastname@example.org or by telephone at 760-773-4500.
3. Proprietary Rights. The content of this website includes, without limitation, (i) the Annenberg Center for Health Sciences Trademarks (as defined below); (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications, tools, text, images, photographs, audio, video material, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through this website (the items defined in subsections (i), (ii), and (iii) shall be collectively referred to herein as “ACHS Content”). The content and design of the this website are protected by local, state, national and international copyright laws. You may not copy, reproduce, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from the copyright owners, except that you may view, download, display and print a single copy of these materials on a single computer for personal, noncommercial use only, so long as: (1) you do not alter or modify the materials in any way; (2) you included all applicable notices and disclaimers (including copyright notices); and (3) you do not use the materials in a way that suggests an association with ACHS or an affiliated ACHS entity. You understand and agree that title to these materials shall not pass to you or any other user.The following are trademarks and/or service marks of ACHS (“Annenberg Center for Health Sciences Trademarks”). The below list may not be a comprehensive list of all Annenberg Center for Health Sciences Trademarks and the absence of a mark, name or logo from this list does not constitute a waiver of any and/or all intellectual property rights that ACHS has established in any of its trademarks, services, product names or logos:
Annenberg Center for Health Sciences
Annenberg Center for Health Sciences at Eisenhower
The five star design/logo
You may not use, in any form, whatsoever, any of the Annenberg Center for Health Sciences Trademarks without the advance express written permission of ACHS. To request permission to use Annenberg Center for Health Sciences Trademarks, please direct your inquiry to:
Annenberg Center for Health Sciences
Dinah Shore Building
39000 Bob Hope Drive
Rancho Mirage, CA 92270
All other trademarks are the trademarks of their respective owners.
4. No Medical Advice. THIS SITE DOES NOT PROVIDE MEDICAL ADVICE. The information on this website is for educational purposes only and is not intended as a substitute for medical professional help, advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you have regarding your medical care. Nothing contained in this site is intended to constitute a medical diagnosis or treatment. Nothing in this site is intended as a recommendation or endorsement of any specific tests, products, procedures, opinions, or other information that may be mentioned in this site. Any reliance on any information provided by the website personnel, others appearing on this website at the invitation of this website and/or other visitors to this website is solely at the user’s risk.
5. Warranties Disclaimed. ACHS does not warrant the accuracy, completeness, timeliness or usefulness of the opinions, advice, services or other information provided through this website or on the Internet generally. This website may contain health or medical-related materials which you may find sexually explicit or otherwise offensive. ACHS, its licensors and its suppliers have no control over and accept no responsibility for compliance with the laws applicable to your country or state of residence. ACHS makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of any third party materials, information, services, or products. All information is transmitted over a medium which is beyond the control and jurisdiction of ACHS. Accordingly, ACHS assumes no responsibility for, or relating to, delay, failure, interruption or corruption of any data or other information transmitted in connection with the use of this website or any websites accessed through this website. In the event you are dissatisfied with this website or the ACHS Content, your sole right and exclusive remedy is to terminate your use of this website, even if that right or remedy is deemed to fail of its essential purpose. You confirm that ACHS has no other obligation, liability or responsibility to you or to any other party.
THIS WEBSITE AND ACHS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER ACHS, ITS AFFILIATES, EMPLOYEES, OFFICERS, TRUSTEES, PARTNERS, OR CONTRACTORS (COLLECTIVELY “ACHS PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THIS WEBSITE OR ANY ACHS CONTENT ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS; OR (iv) ACHS CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THIS WEBSITE. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
6. Limitation of Liability. THE ACHS PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OR INABILITY TO USE THIS WEBSITE AND/OR ANY ACHS CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THIS WEBSITE AND/OR ANY ACHS CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE; (vi) FROM ANY DELAY OR FAILURE OF THIS WEBISTE ARISING OUT OF CAUSES BEYOND ACHS’S CONTROL; (vii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON THE ACHS CONTENT; (viii) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THIS WEBSITE; OR (ix) OUT OF ANY OTHER MATTER RELATING TO THIS WEBSITE OR THE ACHS CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS CONTAINED IN THESE TERMS AND CONDITIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND ACHS’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
7. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the ACHS Parties from and against all claims arising from or in any way related to your use of this website and/or ACHS Content, a violation by you of these Terms and Conditions, or any other actions connected with your use of this website and/or ACHS Content, including any liability or expense, losses, damages (actual or consequential), suits, judgments, litigation costs and attorneys’ fees. ACHS will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section 7 except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the ACHS Parties under this Section 7.
8. Arbitration. Any dispute or controversy arising under, out of or in connection with, or in relation to these Terms and Conditions or the breach hereof shall be determined and settled by arbitration in Riverside County, California, in accordance with the rules of commercial arbitration of the Judicial Arbitration and Mediation Service and applying the laws of the State of California. Any award rendered by the arbitrator shall be final and binding upon each of the parties, and judgment thereon may be entered in any court having jurisdiction thereof. The costs shall be borne equally by both parties. During the pendency of any such arbitration and until final judgment thereon has been entered, this Agreement shall remain in full force and effect unless otherwise terminated as provided hereunder. In the event any attorney is engaged by either party with regard to any legal action, arbitration or other proceeding brought by either party for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of these Terms and Conditions, the prevailing party, whether at trial or upon appeal, will be entitled to recover reasonable attorneys’ fees and other costs and expenses incurred, in addition to any other relief to which it may be entitled.
9. Governing Law. These Terms and Conditions shall be construed in accordance with the laws of the State of California.
10. Waiver. A waiver by either party of a breach or failure to perform hereunder shall not constitute a waiver of any subsequent breach or failure.
11. Severability. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.
12. Entire Agreement. These Terms and Conditions contain the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, and all other communications between the parties relating to such subject matter.