RESTRICTION ON USE OF MATERIALS
CHCF grants you permission to view this website and to print pages from this website for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth herein. This website contains material: (i) created by CHCF and/or its affiliates that is protected by applicable copyright and trademark law, or (ii) used with the consent of its owner or creator or pursuant to the fair use doctrine. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material (including, but not limited to, text, visual images, audio material and video material), software, products or services from this website, except as specified below and according to the terms outlined.
The text, graphics, images, video, design, organization, compilation, look and feel, advertising and all other protectable intellectual property (the "Content") available through the website is the property of CHCF, The Advisory Board Company and/or the property of our advertisers and licensors and is protected by copyright and other intellectual property laws. Unless you have our written consent, you may not sell, publish, distribute, retransmit or otherwise provide access to the Content received through the Services to anyone, including, if applicable, your fellow students or employees, with the following three exceptions:
(i) You may occasionally distribute a copy of an article, or a portion of an article from the website in non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear, original source attribution, and the phrase "Used with permission from California Healthline" on the website. Please consult the website if you need to distribute an article to a larger number of individuals, on a regular basis or in any other manner not expressly permitted by this Agreement.
(ii) You may occasionally email an article from the website to a few individuals, without charge. You are not permitted to use this service for the purpose of regularly providing other users with access to content from the website.
(iii) You may republish select stories online when following these guidelines: You must give us credit — either in the byline (as "Author Name, CaliforniaHealthline, article date") or the source line ("Source: California Healthline, article date."). In both cases, include a live link to www.californiahealthline.org. You can't change the text, except to reflect relative differences in time or location. (For example, "yesterday" can be changed to "June 30" and "Portland" or "here" to "Portland, Ore.") You must include all of the links in the original story. You can display our stories on pages with ads, but you can't sell ads specifically against our stories. You can't republish our material automatically; you need to manually select individual stories to be republished.
You agree not to rearrange or modify the Content. You agree not to create abstracts from, scrape or display headlines from our Content for use on another website or service, unless you provide those headlines through our free RSS syndication service. If you would like to display RSS feeds from this website on any other public-facing website, blog, newsgroup, mail lists or electronic bulletin board, you must follow the guidelines below.
- The feed must be a text-only link and you must display the approved graphical banner available on the website.
- The link must "point" to the actual story page on this website and to no other page.
- The appearance, position, and other aspects of the link may not be such as to damage or dilute the goodwill associated with the website's good name and trademarks.
- The appearance, position, and other aspects of the link may not create the false impression that an entity is associated with, sponsored by, or endorsed by California Healthline, the California HealthCare Foundation or The Advisory Board Company.
- The link, when activated by a user, must display the website full-screen and not within a "frame" on the linking website and linking may not trigger any interstitial or pop-up or pop-under windows.
- The link may not be used in connection with or appear on a website that a reasonable person might consider offensive, obscene, defamatory, or otherwise malicious.
- CHCF and the Advisory Board Company reserve the right to revoke consent to the RSS feed at any time in their sole discretion. If permission is revoked, you agree to immediately remove and disable any and all of your RSS feeds from this website.
You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of the Service may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.
You warrant and agree that, while using the website and the various services and features offered on or through the website (including, for example and without limitation, blogs, Podcasts, RSS feeds, and other public or open forums), you shall not: (a) impersonate any person or entity, whether actual or fictitious, including anyone from CHCF or its affiliates, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding or other promotional content into any of the website's content, materials or services (for example, without limitation, in an RSS feed or a Podcast received from CHCF or otherwise through the website), or use, redistribute, reuse, republish, repurpose or otherwise exploit such content or service for any purpose or reason, including without limitation, further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the website.
If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not view or otherwise use this website.
Copyright in the pages and in the screens displaying the pages, in the information and material contained therein and in their arrangement, is owned by the Advisory Board Company and the California HealthCare Foundation to the full extent permitted by law.
The trademarks, service marks and logos (the "Trademarks") used and displayed on this website are registered or unregistered trademarks of CHCF and others. These marks are not to be used without the express written consent of CHCF or the Trademark owner, as applicable. Nothing on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed or otherwise used on this website.
LIMITATION OF LIABILITY/DISCLAIMER
CHCF does not warrant or make any representations of any kind with respect to the information and/or materials contained on this website. CHCF does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials. Reliance upon any of the material on this website is at your own peril. Although the Company endeavors to provide accurate information, this website is intended to be for general reference purposes only. This information is not to be construed to be an offer or solicitation of sale. Product information, including pricing and availability, is subject to change at any time. This website may contain inaccurate, incomplete, or out-of-date information, and you should particularly not make any investment decisions based on any information or materials in this website. You must independently verify the accuracy of all such information and materials before acting or relying thereon or making any investment decisions in connection therewith. Your sole and exclusive remedy for issues relating to the material on this website shall be to discontinue access and use of the website and any information or material obtained therefrom. You and the Company agree that CHCF shall not be liable for any damages relating to the use of, or reliance upon, such information or material.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM AND RELEASE CHCF AND ADVISORY BOARD COMPANY, THEIR SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING ANY AND ALL CLAIMS FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ATTORNEYS' FEES AND COSTS, OR CLAIMS FOR INTEREST), RELATED DIRECTLY OR INDIRECTLY TO, OR ARISING FROM, YOUR ACCESS TO THIS WEBSITE, THE USE OF ANY INFORMATION OR MATERIAL CONTAINED THEREIN OR ANY DELAY OR OTHER INABILITY TO USE THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS WEBSITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
You hereby acknowledge and agree that CHCF shall not be responsible for any damage to your computer equipment or other property on account of your access to or use of this website, or your downloading of any material from this website.
It is agreed and understood that this agreement and your use of this website shall be governed by, construed and enforced in accordance with, and subject to, the laws of the State of California, except to the extent they are superseded or preempted by the laws of the United States. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies or other dispute resolution organizations in Oakland, California in all disputes (a) arising out of, relating to or concerning this website or this agreement, (b) in which this website or this agreement is an issue or a material fact, or (c) in which this website and/or this agreement is referenced in any document filed in a court, tribunal, agency or other dispute resolution organization. You may not use this website in any jurisdiction that does not give full effect to the terms and conditions of this agreement, including, without limitation, this paragraph and the warranty disclaimer and exclusions of liability set forth above. If any provision of this agreement shall be determined to be invalid, unlawful, void or otherwise not enforceable, the parties agree that the validity or enforceability of the remaining provisions of this agreement shall remain in full force and effect.
You agree that neither your use of this website nor this agreement or any of the terms or conditions contained within this website create a joint venture, partnership, employment or agency relationship between you and CHCF.
All information submitted to CHCF via this website ("Submitted Materials") shall be deemed and remain the property of CHCF and CHCF shall be free to use, on a royalty-free basis, for any purpose, any idea, concepts, know-how or techniques contained in Submitted Materials a visitor to this website provides CHCF through this website. CHCF shall not be subject to any obligations of confidentiality regarding Submitted Materials.
By submitting or sending Submitted Materials to CHCF, you: (i) represent and warrant that the Submitted Materials are not confidential or secret, and no confidential or fiduciary relationship is intended or created between you and CHCF in any way, (ii) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and (iii) you grant CHCF and its affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, including for promotional and/or commercial purpose, and to authorize others to do so. We cannot be responsible for maintaining any Submitted Materials that you provide to CHCF, nor are we responsible for any information included in any Submitted Materials (for example, without limitation, a blog post or any comments to blog(s) created or posted by users), and we may delete or destroy any such Submitted Materials at any time.
CHCF may, from time to time, make bulletin boards, message boards, blogs, and other forums and other such services and features available on or through the website to which you may have the opportunity to provide or submit Submitted Materials. In addition to any other rules or regulations that we may post in connection with a particular service or feature, and in addition to the rest of the Terms and Conditions, you represent, warrant and agree that you shall not upload, post, transmit, distribute or otherwise publish through the website or any service or feature made available on or through the website, any materials which are, do, or could reasonably be construed to be or do any of the following:
- Restrict or inhibit any other user from using and enjoying the website or the website's services;
- Are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, or that threatens or invites violence, or that is derogatory of others on the basis of gender, race, ethnicity, national origin, religion, sexual preference or disability;
- Constitute or encourage conduct that would constitute a criminal offense, give rise to potential civil liability or otherwise violate any local, state, national or international law;
- Violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right;
- Contain a virus, spyware, or other harmful component;
- Contain embedded links, advertising, chain letters or pyramid schemes of any kind;
- Constitute or contain false or misleading indications of origin, endorsement or statements of fact; or
- Contain sensitive, proprietary or confidential information about yourself or others.
Except as may be expressly permitted in connection with one of the website's services, you also may not offer to buy or sell any product or service on or through your Submitted Materials. CHCF will not accept responsibility for any information included in any Submitted Materials created or posted by users. You alone are responsible for the content and consequences of any and all of your activities and you submit Submitted Materials at your own risk.
This website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.
Certain sections or pages on this website may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
CHANGES TO AGREEMENT
We may change the terms of this Agreement at any time by posting such changes on this website. You signify that you agree to be bound by such changes by using a Service after changes are made to this Agreement.
This agreement shall remain in force and effect until terminated by CHCF. In the event of termination of this agreement, restrictions imposed upon you by this agreement, including all disclaimers, waivers, releases and limitations of liability, shall survive.