Website Terms & Conditions of Use
Diablo Valley Oncology and Hematology Medical Group, Inc. (“DVOH”)
Your use of DVOH’s website (the “Website”) is subject to and governed by these Terms and Conditions (“Terms and Conditions”) and all applicable laws. Please read these Terms and Conditions carefully before using this Website. Your use of the Website signifies your acceptance of these Terms and Conditions. DVOH may revise and update these Terms and Conditions at anytime in its sole discretion. Such revisions are binding on the Website users, and your continued use of the Website will mean you accept and agree to any such changes.
Section 1557 of the ACA further expands long-standing and familiar federal civil rights laws by generally providing that an individual shall not, on the basis of race, color, national origin, sex, age or disability, be excluded from participation in, be denied benefits of or be subjected to discrimination under any health program or activity, any part of which is receiving federal financial assistance.
USE OF THIS WEBSITE IS AT YOUR OWN RISK. NEITHER DVOH NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, CONTRIBUTING TO, OR DELIVERING THE WEBSITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE WEBSITE.
EVERYTHING ON THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS” BASIS, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS.
NO REPRESENTATION OR WARRANTY IS MADE, EITHER EXPRESSLY OR TACITLY, FOR THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, RELIABILITY, OR ADEQUACY OF ANY RESOURCES, INFORMATION, APPARATUS, PRODUCT, OR PROCESS AVAILABLE AT OR FROM THIS WEBSITE.
This Website Does Not Provide Medical Advice
The content of the Website is for informational purposes only and is NOT a substitute for professional medical advice, diagnosis, treatment or substitute for a formal medical consultation. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. We cannot provide specific advice or opinions in regard to anyone’s diagnosis, treatment, or specific protocols or prescribing information on the Website. You should always consult your physician or other qualified health provider regarding the specifics of your case.
Nothing contained in this Website, including the questions and answers posted, is intended to be medical advice, diagnosis or treatment. Reliance on any information provided by DVOH is solely at your own risk. Any transmission of information from this Website to you is not intended to create nor does it create a physician-patient relationship between you and or any DVOH physician.
If you think you have a medical emergency, call 911 or go to the nearest hospital.
Use of Content
In your use of this Website, you should assume that everything you see or read on the Website, including, but not limited to, all designs, text, graphics and files and the selection and arrangement thereof, is protected by copyright under United States and foreign laws, unless otherwise noted, and may not be used without the express written permission of DVOH, except as provided in these Terms and Conditions or in the text on the Website.
DVOH neither warrants nor represents that your use of materials displayed on the Website will not infringe rights of third parties who are not owned by or affiliated with DVOH.
Images of people or places displayed on the Website are either the property of, or used with permission by, DVOH. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
You may download material displayed on the Website for non-commercial personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, report, or use the contents of the Website for public or commercial purposes, including the text, images, audio, and video, without DVOH’s prior written permission.
The trademarks, logos, and service marks (collectively the “Trademark(s)”) displayed on the Website are registered and unregistered Trademark(s) of DVOH or others. Nothing contained on the Website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark(s) displayed on the Website without the written permission of DVOH or such third party that may own the Trademark(s) displayed on the Website.
Your misuse of the Trademark(s) displayed on the Website, or any other content on the Website, except as provided in these Terms and Conditions, is strictly prohibited. DVOH will enforce its intellectual property rights to the fullest extent of the law.
DVOH makes no representations or warranties about the following:
- (i) the accuracy, reliability, completeness (including errors or omissions), correctness or timeliness of the content, software, text, graphics, links, or communications provided on or through the use of the Website; or
- (ii) the satisfaction of government regulations requiring disclosure of information on medical treatments or prescription drug products with regard to the content contained on the Website. In no event shall DVOH, its business associates or any third parties mentioned on the Website be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Website or the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not DVOH is advised of the possibility of such damages.
DVOH shall be liable only to the extent of actual damages incurred by you, not to exceed US $1,000. DVOH is not liable for any personal injury, including death, caused by your use or misuse of the Website or content.
Any claims arising in connection with your use of the Website or any content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions. Some jurisdictions may not allow exclusions of implied warranties so some of these exclusions may not be applicable to users in certain areas.
When using the Website, information will be transmitted over a medium that may be beyond the control and jurisdiction of DVOH and its affiliates, licensors, and suppliers. Accordingly, DVOH and its affiliates, licensors, and suppliers assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website.
DVOH and its affiliates, licensors, suppliers, and content providers also assume no responsibility, and shall not be liable, for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Website or your downloading of any materials, data, text, images, video, or audio from the Website.
DVOH has not reviewed all of the Websites that may be linked to the Website and is not responsible for the contents of any off-Website pages or any other websites linked to the Website. Your linking to any other off-Website pages or other websites is at your own risk.
You should be aware that when you disclose personal information (including, user name, e-mail address, personal details about yourself, etc.) on the public areas of the Website (including message boards, etc.) you do so voluntarily. Any communication or material you transmit to the Website by electronic mail or otherwise, including any data, questions, comments, suggestions, or similar, may be treated as non-confidential and non-proprietary. You agree that you will not send or transmit to the Website any communication or content that infringes or violates any rights of any party.
Anything you transmit or post may be used by DVOH or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, DVOH is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information.
You agree to defend, indemnify, and hold DVOH and its affiliates, employees, contractors, agents, licensors, suppliers, and content providers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable attorneys fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
DVOH and its affiliates are based in California. Most of the physicians, health care providers, and others who are contributors of the contents of the Website are licensed, if required, only in the State of California. You expressly agree that exclusive jurisdiction for any dispute with DVOH, or in any way relating to your use of the DVOH Website, resides in the courts of the state of California; and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including, without limitation, any claim involving DVOH and its affiliates, employees, contractors, agents, licensors, suppliers and content providers.
These Terms and Conditions are governed by the laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of the terms and conditions shall be deemed a further or continuing waiver of such term or condition of any other term or condition.
Modification to terms and conditions of use
DVOH may at any time, in its sole discretion, revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
Except as expressly provided in a particular legal notice on the Website, these Terms and Conditions constitute the entire agreement between you and DVOH with respect to the use of the DVOH Website and content. If you have any questions about these Terms and Conditions, please contact us at:
Diablo Valley Oncology
400 Taylor Blvd, Suite 202
Pleasant Hill, CA 94523, USA