1. ProspectMedicalHoldings.com End-‐User Agreement
TERMS OF SERVICE
COPYRIGHT; LIMITED LICENSE; USER CONDUCT
The Information on this Site is protected by copyright and/or other intellectual property laws and any unauthorized use of the Information at this Site may violate such laws. Except as expressly provided herein, Prospect Medical and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to this Information.
Except as specifically permitted herein, no portion of the Information on this Site may be reproduced in any form or by any means without the prior written permission of Prospect Medical.
Except as otherwise indicated elsewhere on this Site, you may view, download and print the Information available on this Site subject to the following conditions:
The Information may be used solely for personal, informational, internal, non-‐commercial purposes; The Information may not be modified or altered in any way; The Information on this Site may not be distributed by you to others; and You may not remove any copyright or other proprietary notices contained in the Information.
Prospect Medical reserves the right to revoke your authorization to view, download and print the Information available on this Site at any time, and any such use shall be discontinued immediately upon written notice from Prospect Medical.
The rights granted to you constitute only a limited, non-‐exclusive, non--sublicensable and non--transferable license and they do not constitute a transfer of title.
The rights to view, download and print the information available on this Site, as specified above, are not applicable to the design or layout of this Site, which are protected by trade dress and other intellectual property laws. The design or layout of this Site may not be copied or imitated in whole or in part.
The Information made available on this Site is presented for educational purposes. This Site should not be used in emergency or urgent situations. This Site is not intended for medical diagnosis or treatment, and is not intended to be a substitute for consultation with or treatment by a competent medical professional. The Information on this Site is not intended to suggest a diagnosis or course of treatment for any individual.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND ALL INFORMATION ON THIS SITE ARE PROVIDED “AS IS” ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PROSPECT MEDICAL MAKES NO WARRANTY THAT (i) THIS SITE AND INFORMATION WILL MEET YOUR REQUIREMENTS, (ii) THIS SITE AND INFORMATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE AND INFORMATION WILL BE EFFECTIVE, ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY INFORMATION OBTAINED BY YOU FROM THIS SITE WILL MEET YOUR EXPECTATIONS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. PROSPECT MEDICAL MAY MAKE CHANGES TO THE INFORMATION ON THIS SITE, AT ANY TIME WITHOUT NOTICE. THE INFORMATION ON THIS SITE MAY BE OUT OF DATE, AND PROSPECT MEDICAL MAKES NO COMMITMENT TO UPDATE SUCH INFORMATION.
PROSPECT MEDICAL ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION WHICH IS REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO OTHER ORGANIZATIONS, AND THEIR SERVICES AND PRODUCTS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WAIVER, RELEASE AND LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER PROSPECT MEDICAL NOR ANY OF ITS AGENTS, OFFICERS, DIRECTORS, PARTICIPATING HEALTH CARE PROVIDERS, OWNERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR ACCESS TO OR USE OF THIS SITE OR ANY WEBSITE REFERENCED IN OR LINKED TO THIS SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST PROSPECT MEDICAL AND ITS AGENTS, OFFICERS, DIRECTORS, PARTICIPATING HEALTH CARE PROVIDERS, OWNERS AND SUPPLIERS FOR LOSSES OR DAMAGES YOU SUSTAIN AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE AND THE INFORMATION.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, YOU AGREE THAT THE TOTAL LIABILITY OF PROSPECT MEDICAL, AND ITS AGENTS, OFFICERS, DIRECTORS, PARTICIPATING HEALTH CARE PROVIDERS, OWNERS AND SUPPLIERS, IF ANY, FOR LOSSES AND DAMAGES SUFFERED BY YOU ARISING OUT OF OR CONNECTED WITH YOUR USE OF OR ACCESS TO THIS SITE SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00). IN NO EVENT SHALL PROSPECT MEDICAL OR ITS AGENTS, OFFICERS, DIRECTORS, PARTICIPATING HEALTH CARE PROVIDERS, OWNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, EVEN IF PROSPECT MEDICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO BY THIS SITE.
LINKS TO OTHER WEBSITES
This Site contains links to third-‐party websites that are not under the control of Prospect Medical. Prospect Medical makes no representations whatsoever about any other website to which you may have access through this Site. When you access a non-‐Prospect Medical website, you do so at your own risk and Prospect Medical is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on those sites or for the quality of any products or services available on such sites. Prospect Medical provides such links merely as a convenience and the inclusion of the links does not imply that Prospect Medical endorses or accepts any responsibility for the content or uses of such websites.
NOTIFICATION OF COPYRIGHT INFRINGEMENT
If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to by this Site, please provide written notice thereof to Prospect Medical’s Copyright Agent, and include the following information in the notice:
a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed; a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringed; a description of the location on the Prospect Medical website of the material that you claim is infringing; information sufficient to permit Prospect Medical to contact you, such as your physical address, telephone number, and email address; a statement by you that you have a good faith belief that the use of the material identified in your written notice, in the manner in which it is used, is not authorized by the copyright owner, its agent, or the law; and a statement by you that the information in your written notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Prospect Medical’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:
CT Corporation System
818 West Seventh St.
Los Angeles, CA 90017
THE COPYRIGHT AGENT SHOULD ONLY BE CONTACTED IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS SITE OR ON SITES LINKED TO BY THIS SITE. THE COPYRIGHT AGENT WILL NOT RESPOND TO ANY OTHER INQUIRIES DIRECTED TO IT. SUCH INQUIRIES SHOULD BE MADE THROUGH THE FEEDBACK PROCEDURE LOCATED AT firstname.lastname@example.org
USER’S REPRESENTATIONS AND WARRANTIES