MemorialCare Health System MemorialCare Legal Notice
CONDITIONS OF USE
RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated by MemorialCare®. No material from any Web site owned, operated, licensed or controlled by MemorialCare® or any of its related, affiliated companies, including, without limitation, Long Beach Memorial Medical Center, Miller Children's Hospital, Orange Coast Memorial Medical Center and Saddleback Memorial Medical Center, may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, without the prior written consent of MemorialCare®, except that you may download one copy of the MHS Material on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright, service mark and other proprietary notices. Modification of MHS Material or use of the MHS Material for any other purpose is a violation of MHS' copyright, service mark and other proprietary rights. It is a condition of your use of this Web site that you do not restrict or inhibit any other user from using this Web site.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall MHS or any of its related, affiliated companies be liable for any direct, indirect, incidental, special, consequential or punitive damages that result from the use of, or the inability to use the MHS Material. You specifically acknowledge and agree that MHS is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any of the MHS Material, or with any of MHS' terms and conditions, your sole and exclusive remedy is to discontinue using this site.
MHS MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THE CONTENT OF THIS SITE AND MHS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SITE.
THE MHS MATERIAL IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, MHS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MHS MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MHS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MHS MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU (AND NOT MHS) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
MHS HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THIS SITE. NEITHER MHS NOR ITS RELATED, AFFILIATED COMPANIES OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE THIRD PARTY MATERIALS IN THIS SITE AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAW, MHS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. MHS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE THIRD PARTY MATERIALS IN THE THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU (AND NOT MHS) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOUR. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
SERVICE MARK AND TRADEMARK INFORMATION
The following service marks and trademarks used herein are owned by MHS and its affiliates:
Except as described otherwise, all materials in the MemorialCare® site are made available only to provide information about MemorialCare®. MemorialCare® controls and operates this site from its headquarters in Fountain Valley, California, United States of America, and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations, you are responsible for compliance with applicable local laws.
This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all MHS site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from MHS if in MHS' sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other MHS site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.
1. Confidential and Proprietary Information.
MHS does not want to receive confidential or proprietary information from you via the Site. Please note that any any information or material sent to MHS through the Site will be deemed NOT to be confidential. By sending MHS any information or material, you grant MHS an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materilas or information, and you also agree that MHS is free to use any ideas, concepts, know-how, or techniques that you send for any purpose.
2. Choice of Law and Venue.
These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Los Angeles in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorneys fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
3. Entire Agreement.
These Terms and Conditions constitute the entire agreement between MHS and you pertaining to the subject matter hereof. In its sole discretion, MHS may modify these Terms and Conditions by posting the revised version on this Site.
4. No Unlawful or Prohibited Purpose.
As a condition of your use of this Site, you warrant to MHS that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
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