1. Trademarks and Copyrights
Apollo Medical Holdings, Inc., ApolloWeb, the ApolloMed logo and other marks displayed on the ApolloMed Site are the proprietary service marks or trademarks of ApolloMed or its licensors. ApolloMed’s marks may not be used in connection with any product or service that is not ApolloMed’s, in any manner that is likely to cause confusion among consumers, or to disparage or discredit ApolloMed. All other marks not owned by ApolloMed that appear on the ApolloMed Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ApolloMed. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the ApolloMed Site without the express written permission of the trademark owner.
All content on the ApolloMed Site, including design, text, graphics, logos, button icons, images, software, videos, audio clips, and data compilations (“Content”); any improvements or modifications to such Content; any derivative works thereof; and the collection, arrangement and assembly of all Content on the ApolloMed Site; are the property of ApolloMed or its licensors and are protected by United States and international copyright and other intellectual property laws.
2. Use of the ApolloMed Site
The ApolloMed Site may include information, articles, newsletters, and other Content. You may download, view, copy and print information, documents and other materials on or from the ApolloMed Site (i) solely for personal, informational purposes; and (ii) provided that neither the materials, nor any proprietary notices therein, are modified or altered. You agree not toupload on or transmit to or via the ApolloMed Site any information or other Content which: (i) infringes or otherwise violates any copyright, patent, trademark, trade secret or other proprietary right; (ii) is defamatory, libelous, expresses hate, or is unlawfully threatening; (iii) is pornographic, obscene or exploitative of a minor; (iv) contains or embodies a virus, worm, Trojan Horse or other contaminating or destructive feature; or (v) otherwise violates any applicable treaty, law or regulation.
You agree you will not interfere, in any way, with others’ use of or access to the ApolloMed Site and will not attempt to gain unauthorized access to the computer system of any other ApolloMed Site user. You further agree not to take any other action in connection with your use of the ApolloMed Site which violates any treaty, law or regulation and to fully comply with all applicable treaties, laws and regulations in your use of the ApolloMed Site. ApolloMed assumes no liability, and shall not be held responsible for, any action you take in connection with your use of the ApolloMed Site.
You agree to access the ApolloMed Site through a web browser. You further agree you will not use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the ApolloMed Site. You agree not to take any other action that imposes an unreasonable or disproportionate large load on the ApolloMed Site.
Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using "framing technology," otherwise distribute, or commercially exploit in any way the ApolloMed Site or any portion of or information on the ApolloMed Site, without the prior written permission of ApolloMed.
3. Links to the ApolloMed Site
You may include on your website a link to the ApolloMed Site, provided that (i) you have received the prior written consent of ApolloMed to include on your website a link to the ApolloMed Site; (ii) the link leads solely to the homepage of the ApolloMed Site; (iii) your website does not contain content that infringes any intellectual property or other proprietary right of ApolloMed or a third party; is defamatory, libelous or expresses hate; is pornographic, obscene or exploitative of a minor; or otherwise violates any applicable treaty, law or regulations; and (iv) neither the link nor any other content on your site suggests your site is sponsored by or affiliated with ApolloMed or the ApolloMed Site. We reserve the right to revoke, at any time, consent we may grant to any links to the ApolloMed Site.
5. User Content
Except where otherwise expressly provided by ApolloMed, all comments, feedback, information or materials submitted to ApolloMed through or in association with the ApolloMed Site (collectively, "User Content") shall be considered non-confidential and ApolloMed’s property. By submitting such User Content to ApolloMed, you agree that you assign to ApolloMed, without charge, all worldwide rights, title and interest, including copyrights and other intellectual property rights, in and to the User Content. ApolloMed shall be free to use such User Content in any manner or media whatsoever, on an unrestricted basis and without any compensation or royalties to you.
6. No Medical Advice Provided
No aspect of the ApolloMed Site is intended to provide, or should be construed as providing, any professional medical advice, diagnosis or treatment of any kind. You should not disregard medical advice or delay seeking medical advice as a result of any Content on the ApolloMed Site, or otherwise consider any Content on the ApolloMed Site to be a substitute for professional medical advice. Please consult qualified healthcare providers regarding any health or dietary concerns or conditions.
7. Third Party Advertisements and Links to Third Party Sites
The ApolloMed Site additionally may provide advertisements from third parties, such as banner ads and pop-up texts, and links to the websites of third parties. ApolloMed is not responsible for the content of such advertisements or links, or any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by ApolloMed of the advertisement or linked site or any content therein. IN NO EVENT WILL APOLLOMED BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON OUR WEBSITE, OR ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. Prior to navigating or purchasing products via any third party website, you should carefully review the privacy statements of such third party and the third party’s terms and conditions of sale and website use.
8. Modification or Discontinuance of the ApolloMed Site by ApolloMed
At any time, without notice to you, and for any or no reason, ApolloMed may modify or discontinue the ApolloMed Site. ApolloMed shall in no way be held liable for any consequence which results from ApolloMed’s decision to modify or discontinue providing the ApolloMed Site.
9. Disclaimer of Warranties and Limitation of Liability
YOU EXPRESSLY AGREE THAT YOUR USE OF THE APOLLOMED SITE, AND ANY CONTENT AND/OR SERVICES CONTAINED IN, DESCRIBED ON OR ACCESSIBLE VIA THE APOLLOMED SITE, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, MATERIALS AND SERVICES ARE PROVIDED BY APOLLOMED ON AN "AS IS" AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, APOLLOMED MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE APOLLOMED SITE OR THE CONTENT OR SERVICES PROVIDED VIA THE APOLLOMED SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, APOLLOMED DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE APOLLOMED SITE IS ACCURATE, COMPLETE OR CURRENT, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE APOLLOMED SITE. FURTHER, APOLLOMED MAKES NO REPRESENTATIONS AND WARRANTIES THAT THE APOLLOMED SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL APOLLOMED OR ITS AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF APOLLOMED OR ITS AFFILIATES (THE “APOLLOMED PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE APOLLOMED SITE (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
11. Governing Law
14. Notice and Procedure for Making Claims of Intellectual Property Infringement
ApolloMed respects the intellectual property rights of others. If you believe that any Content or other aspect of the ApolloMed Site may infringe or otherwise violate your patent, trademark, copyright, privacy right, publicity right or other proprietary right (“Intellectual Property”), please provide ApolloMed’s Intellectual Property Agent the written information specified below. Please note that this procedure is exclusively for notifying ApolloMed that your Intellectual Property has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the Intellectual Property interest;
- A description of the Intellectual Property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the ApolloMed Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the Intellectual Property owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the Intellectual Property owner or authorized to act on the Intellectual Property owner’s behalf.
ApolloMed shall have no obligation to review or monitor the Content displayed on the ApolloMed Site. Nonetheless, upon ApolloMed’s receipt of notice of possible infringement or other violation of a third party’s Intellectual Property, ApolloMed shall have the right, in its sole and reasonable discretion, to remove or block access to such alleged infringing Content. Additionally, ApolloMed may provide certain Personally Identifiable Information of the provider to third parties in the event that ApolloMed receives any claim that any of the provider’s Content infringes or otherwise violates the Intellectual Property of any third party or receives any request for such information from a court of law, regulatory agency or law enforcement agency.
If you are the owner or provider of Content on the ApolloMed Site and your Content is removed or blocked, ApolloMed will notify you of the removal or blocking of such alleged infringing Content by email. Once you have received notice that your Content has been removed or blocked, you will have fourteen (14) days in which to provide ApolloMed with a counter notification indicating your good faith belief that the alleged infringing Content was removed due to mistake or misidentification. If ApolloMed receives a counter notification from you, ApolloMed may, in its reasonable discretion, replace or remove the block to such Content on the ApolloMed Site. Nonetheless, ApolloMed reserves the right, in its sole and reasonable discretion, to discontinue access to the ApolloMed Site of users who may be repeat infringers.