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California Latino Medical Association (“CaLMA.org”)
- Personal Login Information. Certain features and areas of the CaLMA Web sites are available only with registration, login and/or a paid subscription. If you are required to register and select a unique login and password ("Personal Login Information"), you must keep your Personal Login Information confidential. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. CaLMA is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must Contact CaLMA immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
- User Obligations. You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the CaLMA Web sites and not interfere with the use and enjoyment of the CaLMA Web sites by other users or with CaLMA's operation and management of the CaLMA Web sites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the CaLMA Web sites, including, without limitation, information required to be provided through an CaLMA Web site registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, CaLMA reserves the right to terminate your access and use of the CaLMA Web sites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the CaLMA Web sites, or defame or otherwise harm any party, including CaLMA, through your use of the CaLMA Web sites.
- Proprietary Rights. The content of the CaLMA Web sites includes, without limitation, (i) CaLMA's trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "CaLMA Marks"); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the CaLMA Web sites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as "CaLMA Content"). CaLMA Content is the property of the CaLMA, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any CaLMA Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the CaLMA or the owner of such content if the CaLMA is not the owner. Any use of the CaLMA Marks without CaLMA's express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the CaLMA Content, including any such notices appearing on any CALMA Content you are permitted to download, transmit, display, print, or reproduce from the CaLMA Web sites.
- Responsibility for Use of the Internet and CaLMA Web sites. Use of the Internet and the CaLMA Web sites is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. CaLMA does not guarantee the confidentiality or security of any communication or other material transmitted to or from the CaLMA Web sites over the Internet or other communication network. CaLMA shall not be obligated to correct or update the CaLMA Web sites or the CaLMA Content and CaLMA shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the CaLMA Web sites.
- Medical Disclaimer. The CaLMA Content is provided for informational purposes only and is not intended as medical advice, or as a substitute for the medical advice of a physician.
- Patient Information. The CaLMA Web sites, including any public forums which you may access via the CaLMA Web sites, may contain confidential patient information ("Patient Information"). State and federal laws, as well as ethical and licensure requirements, may impose obligations with respect to patient confidentiality that may limit your ability to receive, disclose, or make use of Patient Information, including transmitting Patient Information to others. You warrant that you will comply with all laws that may directly or indirectly govern your retrieval, use, transmission, processing, receipt, reporting, disclosure, or storage of Patient Information. You are solely responsible for obtaining and maintaining any patient consents, if applicable, and all other consents or permissions required by law or advisable with respect to your retrieval, use, transmission, processing, receipt, reporting, disclosure or storage of Patient Information. You shall be solely responsible for your retrieval, use or misuse, transmission, processing, receipt, reporting, disclosure or storage of Patient Information.
- Third Party Information. The CaLMA Web sites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of the CaLMA Web sites are those of the respective third party and not of CaLMA or its affiliates. CaLMA makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.
- Advertisers. The CaLMA Web sites may contain advertisements of third parties. The inclusion of advertisements on the CALMA Web sites does not imply endorsement of the advertised products or services by CALMA. CaLMA shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the CaLMA Web sites. Further, CaLMA shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the CaLMA Web sites. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.
- Links to Third Party Web sites. The CaLMA Web sites may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over witch CaLMA exercises no control. The appearance of any such third party links is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the CaLMA Web sites, you do so entirely at your own risk.
- Links to CaLMA Web sites and CaLMA Content. Links posted by third parties to the CaLMA Web sites and/or CaLMA Content may not use the CaLMA trademark or logo and shall not suggest that CaLMA promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, Web sites, content, or information. Any links to any portion of the CaLMA Web sites shall be the responsibility of the linking party. CaLMA reserves the right to require any linking party to disable or remove any link that violates CaLMA 's rights or causes interruption or deterioration of CaLMA Content.
- Warranties Disclaimed. THE CaLMA WEB SITES AND CaLMA CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER CaLMA, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY " CaLMA PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE CaLMA WEB SITES OR CaLMA CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE CaLMA WEB SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE CaLMA WEB SITES WILL MEET YOUR EXPECTATIONS; OR (iv) CaLMA CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE CaLMA WEB SITES. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
- Exclusions permitted by law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 17 AND 18 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND CaLMA 'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the CaLMA Web sites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.