These Terms of Use govern your use of all websites owned or operated by Martin Luther King, Jr. Los Angeles Healthcare Corporation (“MLK-LA”), including, without limitation, the website for the Martin Luther King, Jr. Community Hospital (“MLKCH”) currently located at mlkch.org (collectively, the “Site”). Please read these Terms of Use carefully before using the Site. By using the Site, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Site.
Minors
The Site is intended solely for users 13 years of age and older, and you must be at least 13 years old to use the Site. By accessing and using the Site, you represent and warrant that you are at least 13 years old.
Phishing
In order to avoid the threat of phishing, we will never send you unsolicited emails that include a link to one of our websites where you will be asked to provide personal information. If you receive an email that claims to be from Martin Luther King, Jr. Community Hospital, which includes a link to a website that appears to be operated by the hospital, or by any party on behalf of the hospital, and which asks you to provide personal information, do not provide that information. If you receive any suspicious email which claims or appears to be from us, please notify us by calling 424-338-8736.
Account, username & password
You may create your own account on the Site by completing the online registration process on the Site, and you must do so if you would like to receive certain communications from us or access certain areas or features of the Site. Your decision to provide that information is purely optional. If you elect to provide that information, you agree to provide information that is true and accurate. You may also be required to choose a username and password. If so, your username and password will be your identity for purposes of interacting with MLKCH and third parties through the Site. You will use your account, username, and password solely in accordance with these Terms of Use. You are solely responsible for maintaining the security of your username and password and any activity that occurs under your account. You will promptly notify MLKCH via email at compliance@mlkch.org if you learn of or suspect any loss, theft or unauthorized use of your account, username, or password.
Links to and from other websites
The Site may provide links to other websites or resources. Because we have no control over such third-party websites and resources, you acknowledge and agree that MLKCH is not responsible for the availability of such websites or resources, and MLKCH does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that MLKCH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, products or services available on or through any such website or resource.
Ownership
The content on the Site, including, without limitation, text, software, scripts, graphics, photos, sounds, music, videos and the like (“Content”), as well as certain other of the names, logos and materials displayed on or through the Site that constitute trademarks (“Marks”) are owned by or licensed to MLKCH and are subject to copyright, trademark, and other intellectual property rights under US and international laws.
Use of the Site and Content
You may not reproduce, duplicate, copy, sell, resell, or exploit for any purposes the Site, or any portion of the Site, including, without limitation, Content and Marks, except as authorized by these Terms of Use. You must abide by all copyright notices, information, or restrictions contained in or associated with any Content. The Site is provided for your personal non-commercial use only.
Prohibited activities include, without limitation, the following
- Violating any local, state, national or international law or regulation
- Violating the contractual, personal, proprietary or other rights of any person or entity;
- Interfering with or disrupting the Site or servers or networks connected to the Site, or attempting to interfere with any security feature of the Site; and
- Launching any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to the Site in a given period of time than a human can reasonably produce in the same period by using a conventional web browser
Disclaimer & limitation of liability
You expressly agree that use of the Site is at your sole risk. The Site (including, without limitation, all Content and information made available, described or accessed through the Site) is provided on an “as is” and “as available” basis. To the fullest extent permitted under applicable law, MLKCH and its parents, subsidiaries, affiliates, licensors, and assigns, and the officers, employees, directors, shareholders, and agents of each of them (collectively, the “Released Parties”) expressly disclaim all warranties of any kind, whether express or implied (including, without limitation, implied warranties of merchantability, fitness for a particular use or purpose, accuracy and non-infringement), with respect to the Site.
MLKCH makes no representation or warranties about the accuracy, quality, reliability, or completeness of content or information available on or through the Site and assumes no liability or responsibility for any: (a) errors, mistakes, or inaccuracies of Content or information obtained from the use of the Site; (b) personal injury or other harm, of any nature whatsoever, resulting from access to or use of the Site; (c) any unauthorized access to or use of our servers or any and all personal information stored therein; (d) any interruption or cessation of transmission to or from the Site; (e) any bugs, viruses, trojan horses or the like which may be transmitted to or through the Site by any third-party; and (f) for any loss or damage of any kind incurred as a result of the use of any content posted or otherwise made available on or through the Site.
MLKCH does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party through the Site or any linked third-party website. You understand and agree that reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site is at your sole risk and MLKCH shall not be liable for your reliance upon such information. No advice or information, whether oral or written, obtained by you from MLKCH or through the Site shall create any warranty not expressly made herein.
You understand that to the fullest extent permitted under applicable law, in no event will any of the released parties be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any indirect, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of, or should have known of the possibility of such damages) resulting from or relating to any use of the Site.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent the Released Parties may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Released Parties’ liability shall be the minimum permitted under such applicable law.
Indemnity
You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur as a result of or arising from (a) your use of the Site; or (b) your violation of these Terms of Use. MLKCH reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with MLKCH in asserting any available defenses.
Force majeure
Without limiting the foregoing, under no circumstances will MLKCH be held liable for any delay or failure in performance due in whole in or in part to any acts of nature, forces or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software bugs, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, earthquakes, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Termination
If you violate any of these Terms of Use, your permission to use the Site automatically terminates.
Modifications to the Site
MLKCH reserves the right to modify or discontinue the Site with or without notice to you. MLKCH shall not be liable to you or any third-party should MLKCH exercise its right to modify or discontinue the Site.
Arbitration
You and MLKCH agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and MLKCH hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims or other disputes arising between you and MLKCH relating to the Site or these Terms of Use (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents or other evidence submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
In addition, you and MLKCH retain the right to apply to any court of competent jurisdiction for provisional relief, including preliminary injunctions, and any such request shall not be deemed incompatible with this section, nor a waiver of the right to have disputes submitted to arbitration as provided in this section.
You may not act as a class representative or private attorney general, nor may you participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or MLKCH’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this section shall continue in full force and effect. No waiver of any provision of this section will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or effect any other portion of these Terms of Use. This section will survive the termination of your relationship with MLKCH.
This section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in AAA rules, and the right to certain remedies and forms of relief. Other rights that you or MLKCH would have in court also may not be available in arbitration.
Other provisions
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The failure of MLKCH to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. These Terms of Use, together with MLKCH’s Website Privacy Policy and any other rules or guidelines posted in connection with the Site, are the entire and exclusive agreement between MLKCH and you regarding the Site, and these Terms of Use supersede and replace any prior agreements between MLKCH and you regarding the Site.
Terms of Use changes
MLKCH may, in its sole and absolute discretion, change these Terms of Use from time to time. MLKCH will post a copy of the Terms of Use as changed on the Site. Your continued use of the Site constitutes your agreement to abide by the Terms of Use as changed. If you object to any such changes, your sole recourse shall be to cease using the Site.
Language
These Terms of Use have originally been drafted in English. If there is a conflict or inconsistency between the Spanish translation and the terms and conditions of the English form of these Terms of Use, the terms of the English form of these Terms of Use shall prevail, govern, and control.