Use of Cal Hospital Compare constitutes acceptance of these Terms of Use and the Privacy Policy.
I. Use of This Site.
The Information (as defined in Section II below) on this Site is provided to you as a resource to consider in making health care choices, and is not intended to be the only or primary means for your evaluation of the quality of health care providers. It is not intended in any way to be a substitute for professional medical advice, diagnosis or treatment, nor is it intended to be relied upon as advice, or a recommendation, or an endorsement about which health care providers to use. The data used for the ratings has been provided by federal, state, and accreditation organizations, and because Cal Healthcare Compare does not guarantee that it is complete, up to date, or accurate, you should confirm the completeness and accuracy of the data with any provider that you choose. Any conclusions contained in the Information are in the nature of opinions based upon historical data or practices but should not be considered as any representation or warranty that such data or practices are accurate or will continue to be so in the future. The Information has not been verified by Cal Healthcare Compare and you are solely responsible for any and all decisions or actions with respect to your medical treatment or health care. Cal Healthcare Compare is not responsible for the quality of the medical treatment or care that you receive from any health care provider.
II. Restrictions.
All of the information on this Site, including, without limitation, the data, information, logos, designs, and text (“Information”) are solely owned by Cal Healthcare Compare, its licensors, health care providers, or other third parties, and are protected by copyright, trademark, patent, or trade secret laws. You may use the Information for your personal use only and not for commercial purposes. You may print, download, and store Information, but you may not distribute, republish, sell, exploit, duplicate, modify, or create derivative works of the Information without the prior written approval of Cal Healthcare Compare. To request approval, contact calcompare@convergencehealth.org.
III. Changes.
From time to time in its sole discretion, Cal Healthcare Compare may update or change the Information on this Site, but is under no obligation to do so. In addition, Cal Healthcare Compare may, in its sole discretion, change any of the Terms of Use, such change effective immediately upon its posting on this Site.
IV. Linking To This Website.
If you maintain your own website, you may link to this Site, provided that you adhere to the following rules:
- The link must be a text-only link clearly marked www.CalHospitalCompare.org or you may use an approved graphical banner available on the Site.
- The link must point to www.CalHospitalCompare.org and not to other pages within the Site.
- The appearance, position, and other aspects of the link may not be such as to damage or dilute the goodwill associated with Cal Healthcare Compare’s 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 Cal Healthcare Compare.
- The link, when activated by a user, must display the Site 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.
- Cal Healthcare Compare reserves the right to revoke consent to the link at any time in its sole discretion. If Cal Healthcare Compare revokes such consent, you agree to immediately remove and disable any and all of your links to the Site.
V. Disclaimer of Warranties.
The information is provided “as is” without warranty of any kind for use at your own risk. Neither Cal Healthcare Compare nor its suppliers make any warranties regarding the information, either express or implied, and Cal Healthcare Compare and its suppliers expressly disclaim any warranties of merchantability, fitness for a particular purpose, or that the information will be non-infringing, reliable, current, complete, accurate, or meet your requirements, or that any medical treatment that you receive from your health care provider will be effective, appropriate, satisfactory, or competently rendered. You may have additional consumer rights under local laws.
The information is not intended in any way to be a substitute for professional medical advice, nor relied upon for medical diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Furthermore, it is not intended to be relied upon as advice, or a recommendation, or an endorsement about what health care providers to use. Never disregard medical advice or delay in seeking it because of something contained in the information! In an emergency call 911 or your local emergency assistance number.
VI. Limitation of Liability.
To the maximum extent under the law: Neither Cal Healthcare Compare nor its suppliers shall be liable for any damages whatsoever (including, without limitation, direct, incidental, special, indirect, consequential damages, or lost profits arising out of any breach of obligations or any other claim, including, but not limited to, negligence or contract, inaccuracies, or incompleteness, even if Cal Healthcare Compare has been advised of the possibility of such damages. Your sole remedy for any claim of breach of contract or any duty that Cal Healthcare Compare or its suppliers might have to you, is to discontinue your use of the information and this site. Because some states do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
VII. Injunctive Relief.
Because of the unique nature of the Information, you understand and agree that Cal Healthcare Compare and its suppliers will suffer irreparable injury in the event you fail to comply with any of the Terms of Use and that monetary damages may be inadequate to compensate Licensor for such breach. Accordingly, you agree that Cal Healthcare Compare will, in addition to any other remedies available to it at law or in equity, be entitled to injunctive relief, without posting a bond, to enforce the Terms of Use.
VIII. Termination.
Cal Healthcare Compare may immediately terminate your right to use this Site and the Information if you breach any representation, covenant, agreement, or obligation contained or referred to in the Terms of Use.
IX. Miscellaneous.
You may not assign or transfer your rights under the Terms of Use without the prior written consent of Cal Healthcare Compare. Any such attempted transfer or assignment in contravention of this provision shall be null and void. You acknowledge that you have read the Terms of Use, understand it and agree to be bound by its terms and conditions. You also agree that the Terms of Use is the complete and exclusive statement of the agreement between Cal Healthcare Compare and you and supersedes all proposals, representations or prior agreements, oral or written, and any other communications between Cal Healthcare Compare and its affiliates and you relating to the subject matter of the Terms of Use. The Terms of Use may not be amended, except by an agreement in writing which is signed by you and an authorized representative of Cal Healthcare Compare. Waiver of a breach of or right hereunder will not constitute a waiver of any other or subsequent breach or right. If any provision herein shall be held by a court of competent jurisdiction to be contrary to law, that provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions herein will remain in full force and effect.
