Martin Luther King, Jr. Los Angeles Healthcare Corporation (“MLK-LA”),
including, without limitation, the Web site currently located at www.mlkcommunityhospital.org
carefully before using the Site. By using the Site, you signify your agreement
may not use the Site.
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.
Account, Username and 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 user name and
password. If so, your username and password will be your identity for
purposes of interacting with MLK and third parties through the Site. You
will use your account, username and password solely in accordance with
of your username and password and any activity that occurs under your
account. You will promptly notify MLK via e-mail [email], if you learn
of or suspect any loss, theft or unauthorized use of your account, username
Links to and from other Web Sites
The Site may provide links to other Web sites or resources. Because we
have no control over such third-party Web sites and resources, you acknowledge
and agree that MLK is not responsible for the availability of such Web
sites or resources, and MLK does not endorse and is not responsible or
liable for any content, advertising, products or other materials on or
available from such Web sites or resources. You further acknowledge and
agree that MLK 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 Web site or resource.
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 MLK and are subject to copyright, trademark and
other intellectual property rights under U.S. 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,
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, MLK 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. MLK 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.
MLK 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 WEB SITE. 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 MLK SHALL NOT
BE LIABLE FOR YOUR RELIANCE UPON SUCH INFORMATION. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MLK 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.
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
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 MLK in asserting any available defenses.
Without limiting the foregoing, under no circumstances will MLK 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.
Modifications to the Site
MLK reserves the right to modify or discontinue the Site with or without
notice to you. MLK shall not be liable to you or any third-party should
MLK exercise its right to modify or discontinue the Site.
You and MLK agree that we will resolve any disputes between us through
binding and final arbitration instead of through court proceedings. You
and MLK hereby waive any right to a jury trial of any Claim. All controversies,
claims, counterclaims or other disputes arising between you and MLK relating
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 MLK 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 MLK’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
of your relationship with MLK.
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 MLK WOULD HAVE IN COURT ALSO MAY NOT
BE AVAILABLE IN ARBITRATION.
the laws of the State of California, without giving effect to any conflict
be unlawful, void, or for any reason unenforceable, then that provision
the validity and enforceability of any remaining provisions. The failure
posted in connection with the Site, are the entire and exclusive agreement
and replace any prior agreements between MLK and you regarding the Site.
on the Site. Your continued use of the Site constitutes your agreement
your sole recourse shall be to cease using the Site.
a conflict or inconsistency between the Spanish translation and the terms