Central California Alliance for Health Website Terms and Conditions

Revised: April 28, 2021.

I. INTRODUCTION

The following are the terms and conditions (“Terms and Conditions”) of a legal agreement between you and Central California Alliance for Health (“the Alliance,” “we,” “us,” and “our”) relating to the use of the Alliance website (the “Website”).

By using the Website, you are indicating that you have read, understand, and agree to be bound by the Terms and Conditions.  If you do not agree to the Terms and Conditions, please do not use the Website and exit the Website immediately.

II. PRIVACY

All information gathered from you in connection with your use of the Website is governed by the Privacy Policy, which is incorporated into the Terms and Conditions by this reference.

III. GENERAL PROHIBITIONS

You agree to not do any of the following while using the Website or any content posted on the Website:

• Communicate or otherwise send any unlawful, threatening, harassing, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law;
• Communicate or otherwise send unsolicited email, junk mail, “spam,” promotion or advertising for products or services, or chain letters;
• Attempt to disable or otherwise interfere with the proper functioning of the Website or our computer systems;
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of the Website or our computer systems;
• Use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission;
• Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our computer systems;
• Take any action that bypasses any measures we may use to prevent or restrict access to the Website;
• Impersonate or misrepresent your affiliation with any person or entity; or
• Use the Website for any purpose in violation of local, state, national, or international laws.

IV. NO SOLICITATION OR OFFER

This Website is designed to provide general information about the Alliance and its benefits and services.  Information on the Website is not intended to constitute an offer to sell or a solicitation of any product or service.  Without limiting the generality of the foregoing disclaimer, no offer or solicitation is made where prohibited by law or in states where such offer or solicitation cannot be made and this Website shall not constitute an offer to sell. Please contact us for a complete description about benefits and services.

V. NO MEDICAL OR LEGAL ADVICE

The information on this Website is provided for general informational purposes only.

Nothing contained, expressed, or implied on the Website is intended as, nor shall be construed as, medical advice.  Individual inquiries about medical issues should be addressed to appropriate health care professionals.  You should not disregard medical advice, or delay seeking medical advice, because of something you read in the Website.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD NOT RELY ON THIS WEBSITE FOR ASSISTANCE, BUT SHOULD INSTEAD PROMPTLY SEEK APPROPRIATE EMERGENCY MEDICAL ASSISTANCE.

Nothing contained, expressed, or implied on this Website is intended as, nor shall be construed as, legal advice, guidance, or interpretation.  No attorney-client relationship is established between the Alliance and you by your use of this Website.  If you have questions about any law, statute, regulation, or requirement expressly or implicitly referenced on the Website, you should contact your own legal counsel.

VI. PROPRIETARY RIGHTS & INTELLECTUAL PROPERTY

The Website and all material contained on the Website (including images, text, documents, and look and feel attributes) is protected by law, including but not limited to, United States and international copyright law, trademark, and other intellectual property laws, and is owned, controlled, or licensed by the Alliance.  ANY UNAUTHORIZED COPYING, REPRODUCING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING THE MATERIAL, IN WHOLE OR IN PART, IS PROHIBITED.

You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, create derivative works from, license or sublicense, assign, or otherwise transfer this license or any of the information, material, software, products or services from this Website.  Unless specifically authorized in writing by the Alliance, any commercial use of the Website or materials therein is prohibited.  Modification of any Alliance materials for any commercial use is a violation of these Terms and Conditions and the Alliance’s copyright, service mark, and other proprietary rights.  Use or misuse of these materials or any trademarks, service mark, logos or other proprietary rights is expressly prohibited and may violate federal and state law.  The law provides for civil and criminal penalties for copyright and other intellectual property law infringements.

VII. FEEDBACK

We welcome your feedback and suggestions about how to improve our benefits and services information on the Website.  By transmitting any suggestions, information, ideas, material, or other content (collectively, “Feedback”) to us, you automatically grant the Alliance, its affiliates, and successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such Feedback in whole or part worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Feedback.  We are free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to the Website for any purpose whatever, including but not limited to creating and marketing benefits and/or services using such information.

VIII. USE OF EMAIL

Please be aware that any information that you share with us via email is not a secure transmission and may be intercepted by unauthorized third parties. We make every effort to protect any personal information you share with us, but information transmitted over the internet is out of our control and we are unable to guarantee security. If the communication contains sensitive information, you may want to send the communication via mail or call us at (831) 430-5500.

IX. DISCLAIMER OF WARRANTY

Information on the Website is provided “as is.”  All express, implied, and statutory warranties, including without limitation, the warranties of merchantability, fitness for a particular purpose, or non-infringement, are expressly disclaimed to the fullest extent permitted by law.  We make no representation or warranties to you regarding the level or quality of our services.

We disclaim any warranties concerning the security, reliability, and performance of the website, and the accuracy of the information contained in the Website.  We disclaim responsibility for any harm resulting from downloading or accessing any information or materials through the Website, including without limitation, harm caused by viruses or similar destructive properties.  Your use of the Website is at your own risk.  We do not warrant that the Website will meet your requirements or that the operation of the Website will be uninterrupted or error-free.

X. LIMITATION OF LIABILITY

To the maximum extent permitted by law, in no event will we be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of the Website.  This limitation applies regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

We are not responsible or liable for the acts or omissions of outside vendors or information providers, or for performance (or non-performance) within outside networks or interconnection points between the Website and other networks and/or sites that are operated by third parties.

XI. LINKS TO/FROM THIRD-PARTY WEBSITES

The Website may provide links to other websites not owned or controlled by the Alliance (“Third-Party Websites”). We are not responsible for the availability of Third-Party Websites, the quality or accuracy of information presented on Third-Party Websites, or for any viruses or other damaging elements encountered in linking to Third-Party Websites.  In addition, providing links to Third-Party Websites should not be interpreted as our endorsement or approval of the organizations sponsoring such websites or their services.

We are not responsible or liable for any material on Third-Party Websites that may contain links to the Website.  We reserve the right to disable any unauthorized links to the Website or the framing of any content from the Website on Third-Party Websites.

XII. INVESTIGATION

We reserve the right to investigate suspected violations of the Terms and Conditions. If we become aware of possible violations, we may initiate an investigation that may include gathering information from you or any user involved and the complaining party, if any, and examination of other material.  We may suspend the provision of our services temporarily, or we may permanently remove the material involved from our servers, provide warnings to you, or suspend or terminate your access to our services.  We will determine what action will be taken in response to a violation on a case-by-case basis, and at our sole discretion.  We will fully cooperate with legal authorities in investigating suspected violations of the law.

XIII. INDEMNIFICATION

You agree to indemnify us for certain of your acts and omissions.  You agree to indemnify, defend, and hold harmless us and our officers, directors, employees, consultants, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Website, your violation of the Terms and Conditions, or your infringement of any intellectual property or other right of any person or entity.

XIV. GOVERNING LAW

The Terms and Conditions will be construed in accordance with and governed by the laws of the United States, the State of California, and the City and County of Santa Cruz, without reference to their rules regarding conflicts of law.  You agree that any legal action or proceeding relating to the Website must be brought exclusively in a federal or state court of competent jurisdiction sitting in Santa Cruz, California, and you hereby expressly and irrevocably consent to the jurisdiction and venue of such courts.

XV. NO WAIVER/SEVERABILITY

These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and CCAH with respect to your use of the Website.  A waiver of any breach of any provision of the Terms and Conditions will not be deemed to be a waiver of any repetition of such breach or in any manner affect any other terms or conditions.  In the event that any provision of the Terms and Conditions is held to be unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that is the closest to the intention underlying the unenforceable provision.

XVI. COMMUNICATIONS WITH OUR WEBSITE

If you have any questions about the Terms and Conditions, the Website practices, or your dealings with the Website, please contact:

Central California Alliance for Health
1600 Green Hills Road, Suite 101
Scotts Valley, CA 95066-4981
Phone: (831) 430-5500
Email: [email protected]

XVII. CHANGES TO THE TERMS AND CONDITIONS

We reserve the right, at our sole discretion, to modify the Terms and Conditions, at any time and without prior notice. If we modify the Terms and Conditions, we will post the modification on the Website.  It is your responsibility to check for any changes we make to the Terms and Conditions prior to your use of the Website.  By continuing to use the Website after any changes to the Terms and Conditions, you are indicating that you agree to be bound by the modified Terms and Conditions.  If the modified Terms and Conditions are not acceptable to you, your only recourse is to cease using the Website.