Terms and conditions

Welcome to the Montage Health (“Montage Health,” “we,” “us”) website (“site”). Please read the following Terms and Conditions of Use (“Terms of Use”) carefully before using the site. The following Terms of Use govern your relationship with Montage Health regarding your use of the web site.

Montage Health provides the site which allows users to view health-related information and access additional services.

1. Acceptance of Terms of Use

Please read the Terms of Use carefully before you start to use the site. This is a binding agreement. By using the site or any services provided in connection with the site, including, without limitation, online bill pay, online donation, online gift shop, electronic newsletters, online mailing lists, online registrations, and online feedback (the “Service”), you agree to be bound by these Terms of Use.

By using the site, you signify your agreement to these Terms of Use. If at any time you find these Terms of Use unacceptable, you must immediately leave the site and cease all use of any Service and the site.

THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES AND LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.

THESE TERMS ARE SUBJECT TO CHANGE AS DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS (OR ANY PORTION OF THESE TERMS), INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER, YOU MAY NOT USE THE SITE OR SERVICES AND MUST IMMEDIATELY TERMINATE YOUR USE OF THE SITE AND SERVICES.

This site is offered and available only to users who are of legal age and status to form a binding contract and reside in the United States or any of its territories. By using this site, you represent and warrant that you are of legal age to form a binding contract with the Montage Health and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the site.

2. Modifications and discontinuance

Montage Health may, in its sole discretion and without prior notice:

1. Revise these Terms of Use
2. Modify the site and/or Services
3. Discontinue the site and/or Services at any time

Montage Health shall post any revision to these Terms of Use to the site, and the revision shall be effective immediately on such posting. However, any changes to the dispute resolution provisions set forth in the “Arbitration and Dispute Resolution” section below will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the site.

• You agree to review these Terms of Use and other online policies posted on the site periodically to be aware of any revisions
• You agree that, by continuing to use or access the site following posting of any revision, you accept and agree to the changes
• You agree to check this page each time you access the site, so you are aware of any changes, as they are binding on you

No modification or attempted modification of these Terms of Use by you shall be binding on Montage Health unless made in writing and physically signed by an authorized representative of Montage Health.

3. Your use of information – no medical advice

INFORMATION PROVIDED VIA THE SITE IS NOT INTENDED TO BE, AND SHOULD NOT BE USED AS, MEDICAL OR PROFESSIONAL ADVICE OR A SUBSTITUTE FOR MEDICAL TREATMENT BY A HEALTHCARE PROFESSIONAL.

Information provided via the site is provided as a service to the community and is intended to be general in nature.

This information is not provided in the course of a professional relationship between a healthcare provider and a patient. Montage Health is not recommending a course of treatment for your particular circumstances or making a diagnosis through the use of the site.

Do not disregard or delay in seeking medical advice because of any information you read on the site. Your healthcare provider should be consulted regarding matters concerning medical condition, treatment, and needs of you and your family.

Reference to products or medications on the site is for informational purposes only and should not be considered an endorsement, recommendation, or approval of such products or medications.

4. Medical emergencies

If you have a medical emergency, please immediately call emergency personnel (911) to get prompt medical attention. Do not rely on the site or the site content for assistance in regard to your immediate, urgent medical needs. The site is not designed to facilitate medical emergencies.

5. Limited personal permission to use the site

Montage Health is giving limited personal permission to use the site. You may not transfer or assign your personal permission to any other party. Such personal permission is limited in that you may not:

• Use, download, or print material from the site for commercial use (i.e., selling, posting information on another website, etc.)
• Modify or delete any proprietary notices from material downloaded or printed from the site
• Transmit or otherwise provide data from the site to a third party
• Use the site in any manner that is contrary to any applicable law

6. Prohibited uses

Montage Health further imposes certain restrictions on your permissible use of the site and Services. You are prohibited from violating or attempting to violate any security features of the site or Services, including, without limitation,

1. Accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access
2. Attempting to probe, scan, or test the vulnerability of the Services, the site, or any associated system or network, or to breach security or authentication measures without proper authorization
3. Interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the site or Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”
4. “Spidering,” “screen scraping,” “database scraping,” harvesting of e-mail or other addresses, contact or personal information, or any other automatic means of obtaining lists of users or other information from the site or Services
5. Using the site or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services
6. Forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Services
7. Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Montage Health in providing the site or Services

Any violation of system or network security may subject you to civil and/or criminal liability. Your limited personal permission to use the site shall terminate immediately in the event you breach these Terms of Use. You are solely responsible for your use of the site.

7. Site provided “as-is” – no warranties

INFORMATION AND THE SERVICE PROVIDED ON THE SITE ARE PROVIDED AS IS AND AS AVAILABLE. MONTAGE HEALTH MAKES NO, AND HEREBY DISCLAIMS ANY, WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE. MONTAGE HEALTH DISCLAIMS ANY WARRANTY AS TO THE AVAILABILITY OF THE SITE OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. MONTAGE HEALTH MAKES NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS, OR SUITABILITY OF THE SERVICE OR INFORMATION PROVIDED THROUGH THE SITE. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. MONTAGE HEALTH IS NOT RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF INFORMATION PROVIDED.

8. Use of certain information about you

You agree that, should you elect to supply it, Montage Health may communicate with you using your:

• Name
• Email address
• Physical address
• Other data

You may request to have this information modified or deleted from our records by contacting webmaster@chomp.org.

Montage Health may use this information as necessary to enforce these Terms of Use. Montage Health will not sell this information to any other party.

A complete statement of Montage Health’s current privacy policy, including information regarding how Montage Health may use information about you and how you can limit such use, can be found by viewing the Website Privacy Policy.

9. Trademark and copyright

Montage Health is the owner or licensee of all rights in the site, its content, software, and the Services. Unless expressly stated in these Terms of Use, you have no right to such content, software, or the Services. “Montage Health,” “Community Hospital of the Monterey Peninsula,” “Montage Medical Group,” “Montage Wellness Center,” “Montage Health Foundation,” and the logos or other proprietary marks of Montage Health or its licensors and partners are trademarks of Montage Health or its licensors and partners.

These Terms of Use do not grant you any right, title, or interest in those trademarks. You should assume that everything you see or read on the site is copyrighted by Montage Health or others unless otherwise noted.

You may download material from the site for non-commercial, personal use as long as you also retain all copyright and other proprietary notices contained on the materials.

When accessing the site or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services and the site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.

You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third-party’s copyrights, trademarks, or other intellectual property or proprietary rights.

You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.

10. Inappropriate content

You agree not to upload, download, display, perform, transmit, or otherwise distribute any content that:

1. Is libelous, defamatory, obscene, pornographic, abusive, or threatening
2. Advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation
3. Advertises or otherwise solicits funds or is a solicitation for goods or services

We reserve the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

11. Limited liability

MONTAGE HEALTH’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MONTAGE HEALTH BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER INFORMATION OR THE SERVICE PROVIDED TO YOU BY THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.

12. Indemnity

YOU AGREE TO INDEMNIFY MONTAGE HEALTH FOR CERTAIN OF YOUR ACTS AND OMISSIONS. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS MONTAGE HEALTH, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND REPRESENTATIVES FROM ANY AND ALL THIRD-PARTY CLAIMS, LOSSES, LIABILITY, DAMAGES, AND/OR COSTS (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING FROM YOUR ACCESS TO OR USE OF THE SITE, YOUR VIOLATION OF THESE TERMS OF USE, OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. MONTAGE HEALTH WILL NOTIFY YOU PROMPTLY OF ANY SUCH CLAIM, LOSS, LIABILITY, OR DEMAND, AND WILL PROVIDE YOU WITH REASONABLE ASSISTANCE, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, LOSS, LIABILITY, DAMAGE, OR COST.

13. Choice of law and forum

By using this site, you agree that the laws of the United States and the laws of the State of California govern these Terms of Use and any claim or dispute you may bring against Montage Health. You also agree that any arbitration arising from these Terms of Use will be held in accordance with the Federal Arbitration Act.

Subject to the Dispute Resolution procedure stated below, any legal suit, arbitration, action, or proceeding arising out of, or related to, these Terms of Use or your use of the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of California or before California arbitrators in each case located in the County of Monterey.

14. Arbitration and dispute resolution

By using this site, you agree to try to settle any dispute with Montage Health arising from or related to your use or access of the Services or this site by sending a letter describing the basis for the dispute and allowing Montage Health at least 30 days to respond after Montage Health will have received your letter. If you want to send such a letter to Montage Health, send it to riskmanagement@lakeviewbungalow.com. Montage Health will respond to you at the address Montage Health has on file for you.

The parties will cooperate and attempt in good faith to resolve any dispute or claim arising out of or relating to the Terms of Use or the construction, interpretation, performance, breach, termination, enforceability, or validity thereof, or arising out of or relating to your use of or access to the Services and/or the site.

You and Montage Health agree to attempt to resolve the dispute under the terms described in the preceding paragraph before you or Montage Health will commence any litigation or file a claim against the other party.

By using this site, you unconditionally agree that any dispute which cannot otherwise be resolved as provided above after the parties have negotiated the resolution of the dispute for at least fifteen (15) business days will be decided entirely by binding arbitration on an individual basis, which means you and Montage Health waive the right for a judge or jury to decide such claims and means that you may not proceed in a class, collective, or consolidated capacity. Your rights and Montage Health’s rights during the arbitration process may be more limited than the rights you or Montage Health would have in civil trial or appellate courts. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use.

To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to our registered agent. You agree that the arbitration will be conducted by Judicial Arbitration and Mediation Services (“JAMS”), jamsadr.com, (800) 352-5267, in the State of California and the parties will mutually agree to a single arbitrator located in the County of Monterey. You can contact JAMS to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration, and arbitrator fees will be governed by JAMS’s applicable rules. You and Montage Health also agree the arbitrator will have exclusive authority to resolve any dispute arising from the interpretation, applicability, enforceability, or formation of these Terms of Use.

The arbitrator shall have the same authority as a state or federal court would have to issue subpoenas to third parties for production of documents and for depositions, in addition to subpoenas to appear at any arbitration hearing. In any arbitration proceeding under the Terms of Use, all California rules of pleading (including the right of demurrer), all rules of evidence, all rights to resolution of the dispute by means of motions for summary judgment, judgment on the pleadings, and judgment under Code of Civil Procedure Section 631.8 shall apply and be observed, unless the parties agree otherwise. The arbitrator shall have the immunity of a judicial officer from civil liability when acting in the capacity of an arbitrator, which immunity supplements any other existing immunity. The arbitrator’s award(s) shall include the arbitrator’s written reasoned opinion. Resolution of all disputes shall be based solely upon the law governing the claims and defenses pleaded, and the arbitrator may not invoke any basis (including but not limited to notions of “just cause”) other than such controlling law.

We each agree to bring any dispute in arbitration on an individual basis only and not on a class, consolidated, representative, or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights. No arbitrator shall have the authority under the Terms of Use to order any such class or collective action. Any dispute regarding the validity, scope, or enforceability of these Terms of Use, or concerning the arbitrability of a particular claim, shall be resolved by a court, not by the arbitrator. You agree to waive any substantive or procedural rights that you may have to bring or participate in an action brought on a class or collective basis.

The arbitral award will be final and binding. The parties waive any right to appeal the arbitral award to the extent a right to appeal may be lawfully waived.

Each party will bear its own fees, costs, and expenses of the arbitration, and its own legal expenses, attorneys’ fees, and costs of all experts and witnesses, provided, however, that the arbitrator may award arbitration costs, including legal, auditing, and other fees to the prevailing party in the arbitration proceeding if the party prevails on a claim based on a statute or contract that provides for award of such attorneys’ fees and costs to the prevailing party.

Each party retains the right to seek judicial assistance: (a) to compel arbitration; (b) to obtain interim measures of protection prior to or pending arbitration; (c) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or Confidential Information; or (d) to enforce any decision of the arbitrator including the final award.

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 JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR MONTAGE HEALTH WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

15. Feedback

We appreciate our users’ interest in improving and expanding the Services and the site. If you choose to send us content, information, ideas, suggestions, or other materials relating to the Services or the site (“Feedback”), you hereby assign such Feedback to us, and you agree that we are free to use any Feedback for any purposes whatsoever, including, without limitation, developing products and services, without any liability or payment of any kind to you.

16. Notices

Notices sent to you by Montage Health in connection with these Terms of Use or your use of the site or the Services may be delivered to you by electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail.

The delivery of any notice from us is effective when sent or posted by us, regardless of whether you read the notice when you received it or when posted or whether you actually received the delivery.

You may give notice to Montage Health at any time by letter delivered by first-class postage prepaid U.S. mail or overnight courier to the following address:

Montage Health
Attention: Webmaster
P.O. Box HH
Monterey, CA 93940

17. Severability, waiver

If for whatever reason, a court or other tribunal of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.

No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions, and any failure of Montage Health to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

18. No license

Nothing contained on the site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Montage Health or by any third party.

19. California use only

The site is controlled and operated by Montage Health from its offices in the State of California. Montage Health makes no representation that any of the materials or the Service to which you have been given access are available or appropriate for use in other locations.

Your use of or access to the site should not be construed as Montage Health’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

20. Violation of these Terms of Use and remedies

By using this site, you unconditionally agree that Montage Health may terminate and/or block your access to the site at its sole discretion and without prior notice. You also unconditionally agree that any threatened or actual violation by you of these Terms of Use constitutes an unlawful and unfair business practice. You agree that any threatened or actual violation by you will cause unquantifiable and irreparable harm to Montage Health for which monetary damages would be inadequate and consent to Montage Health’s obtaining any injunctive or equitable relief that Montage Health deems necessary or appropriate. These remedies are in addition to any other remedies that Montage Health may have at law or in equity.

21. Entire agreement

The Terms of Use constitute the entire agreement between Montage Health and you pertaining to the subject matter hereof.

22. Contact us

Montage Health is committed to providing a user-friendly environment for visitors and users of the site. Your comments and questions are welcomed. Please send your comments and questions to webmaster@chomp.org, or at the address below:

Montage Health
Attention: Webmaster
P.O. Box HH
Monterey, CA 93940

PLEASE NOTE: EMAIL THAT YOU SEND US IS NOT NECESSARILY SECURE AGAINST INTERCEPTION. IF YOU WISH TO COMMUNICATE SENSITIVE INFORMATION TO US, SUCH AS YOUR SOCIAL SECURITY NUMBER, BANK ACCOUNT NUMBER, MEDICAL OR HEALTHCARE RELATED INFORMATION, OR CREDIT CARD NUMBERS, CONTACT US THROUGH ONE OF OUR SECURE ONLINE FORMS OR BY MAIL OR TELEPHONE, INSTEAD OF VIA EMAIL. MONTAGE HEALTH IS NOT ABLE TO PROVIDE MEDICAL ADVICE VIA EMAIL. FOR MEDICAL ADVICE, PLEASE CONSULT YOUR DOCTOR OR CLICK ON FIND A DOCTOR TO LOCATE A DOCTOR.

23. Privacy

For additional terms relating to website privacy, please view the Website Privacy Policy, incorporated herein by reference. Find information on Montage Health’s health information privacy and patient rights and policies.

24. Acknowledgment

BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

25. Copyright

All contents of site or the Service are: Copyright © 2018 Montage Health, P.O. Box HH, Monterey, CA 93940. All rights reserved.