Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS (“SITE TERMS”) CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.
These Site Terms apply exclusively to your access to, and use of, the Save Our Local Hospitals, Yes on A (“SOLH,” “we,” “us,” or “our”) website, and all associated website domains, including subdomains, online services, and mobile applications (collectively, the ‘Site’). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with SOLH. If you are using this Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify SOLH for violations of these Site Terms.
We reserve the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
General
SOLH controls and operates this Site from the United States. We make no representation that materials on this Site are appropriate or available for use in other locations, and access to this Site from territories where its contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Privacy Policy
Please refer to SOLH’s Privacy Policy for information on how we collect, use, and disclose personally identifiable information from our users.
Children
This Site is not directed toward children under 13 years of age, nor does SOLH knowingly collect information from children under 13. If you are under 13, please do not submit personally identifiable information to SOLH.
Copyright and Limited License
Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation all trademarks, service marks, designs, texts, graphics, pictures, information, data, software, methods, inventions, sound files, other files, and the selection and arrangement thereof (collectively, the “Site Materials” are the proprietary property of the Save Our Local Hospitals, Yes on A committee, or SOLH’s network, licensors, or users and are protected by U.S. and international copyright, trademark, and other intellectual property laws. Permission is granted to access and use the Site and to display, copy, print, and download the Site Materials for personal, non-commercial use only, in accordance with these Site Terms and the other rules and restrictions contained in the Site, provided you do not modify the Site Materials and that you retain all copyright, trademark, and other proprietary notices contained in the materials. In addition, you agree that such permission does not include: (a) any commercial use or any resale or redistribution of the Site or the Site Materials therein; (b) the collection and use of any product listings, pictures, or descriptions; (c) the distribution, public performance, or public display or any Site Materials; (d) making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials, or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. The permission granted herein is revocable at any time, with or without cause. Except as expressly stated herein, none of the Site Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or otherwise used in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of SOLH or the copyright owner. The permission given to you terminates automatically if you breach any of the Site Terms. Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without SOLH’s permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate applicable law (including copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes).
Brand
The Save Our Local Hospitals, Yes on A committee, our logos, and any other product or service name or slogan contained in the Site are the property of SOLH, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of SOLH or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the branding of SOLH and may not be copied, imitated, or used, in whole or in part, without SOLH’s prior written permission. Reference to any products, services, promises, or other information, by name, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by SOLH.
Sites Linked From This Site; Third Party Content
This Site may contain links to or may frame third-party websites (“Third Party Sites”) and may contain or link to third-party information, materials, communications or other content (collectively “Third Party Content”). Such Third Party Content and Third Party Sites are not under our control, and SOLH does not endorse, assume any responsibility or liability for, or make any representations or warranties regarding, the Third Party Sites, the Third Party Content, or any products or services offered by any third parties on the Site or any Third Party Site. SOLH does not intend links on this Site to be referrals or endorsements of the linked entities, or their products or services, and are provided for convenience only. Your use of Third Party Sites or Third Party Content, or any third-party products and services, is at your own risk and subject to the terms and conditions of the provider.
Sites Linking to This Site
If you would like to link another website to this Site, you may only do so if you obtain SOLH’s prior permission. Such a link may not suggest or imply SOLH’s endorsement or approval of any product, position, entity, or individual, or portray SOLH in a false, misleading, derogatory, or otherwise defamatory manner, and the linking site may not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. Any right to link may be revoked at any time. You may not use the SOLH logos or other proprietary graphics of ours to link to the Site without the express written permission of SOLH. Further, you may not frame or provide inline links to the Site without SOLH’s express written consent.
Disclaimer
YOUR USE OF THIS SITE, THE SITE MATERIALS, AND THE SERVICES PROVIDED ON OR THROUGH THE SITE (THE “SERVICES”) IS AT YOUR OWN RISK AND ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND. SOLH DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SITE MATERIALS, OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. SOLH IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. REFERENCE TO ANY PRODUCTS, SERVICES, PROGRAMS, OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP, OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITHIN, BY SOLH. TO THE FULLEST EXTENT ALLOWED BY THE LAW, SOLH EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, AND OTHER TERMS EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE.
Feedback and Materials
Any comments or materials sent to SOLH (via any medium, including e-mail and regular mail), including feedback data, such as questions, ideas, comments, suggestions, or the like regarding this Site or any other of SOLH’s products or programs (collectively “Feedback”), shall be deemed to be non-confidential and shall become the sole property of SOLH. You hereby assign all rights in the Feedback to SOLH, and we shall have no obligation of any kind with respect to such Feedback. Without limiting the foregoing, SOLH shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works, and distribute the Feedback to others without limitation, and without acknowledgment or compensation to you.
SMS Policy
Our providers offer an optional text messaging service to supporters, allowing for short communications regarding relevant and timely events, campaign calls to action, campaign opportunities, and donation asks. SMS alerts are available through SOLH’s through Prompt.io.
We collect mobile phone numbers and consent to send messages when you text message the sign up via website forms, or register at a related event. Texting cadence/frequency varies. Message and data rates may apply.
If you wish to unsubscribe from text messages at any time, simply text STOP to Opt Out.
Please refer to SOLH’s Privacy Policy for information on how we collect, use, and disclose personally identifiable information from our users.
Repeat Infringer Policy
SOLH respects the intellectual property of others, and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act (17 U.S.C. §512(c)) (DMCA) and other applicable law, SOLH has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, the account of any users who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to this Site and/or terminate the accounts of any users who infringe the intellectual property rights of others (regardless of whether there is any repeat infringement).
Registration Data; Account Security
In consideration of your use of the Site, if you create any account on the Site, you agree to (a) provide accurate, current, and complete information about you as may be prompted by any registration form on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to SOLH, to keep it accurate, current, and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to SOLH.
Limitation of Liability
IN NO EVENT SHALL SOLH, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING, OR DELIVERING THE SITE), AND/OR THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, OR AGENTS OF ANY OF THEM, BE LIABLE FOR ANY DIRECT, INCIDENTIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF INCOME, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF BUSINESS, LOSS OF CONTRACTS, LOSS OF GOODWILL OR REPUTATION, LOSS OF ANTICIPATED SAVINGS, LOSS OF, DAMAGE TO, OR CORRUPTION OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT, OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM SOLH, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SOLH’S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SOLH, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO SOLH FOR ACCESS TO OUR SITE.
Indemnity
You agree to defend, indemnify, and hold SOLH, and their affiliates, independent contractors, service providers, suppliers, licensors, and consultants, and their respective officers, directors, employees, and agents (the “Indemnified Parties”), harmless from and against any claims, damages, costs, actions, demands, liabilities, and settlements and expenses (including without limitation, reasonable attorneys’ fees) arising out of or related to your violation of these Site Terms, any User Content you post, store, or otherwise transmit on or through the Site, or your use or inability to use the Site, including without limitation any actual or threatened suit, demand, or claim made against the Indemnified Parties, arising out of or relating to the Content, your conduct, or your violation of the rights of any third party.
Termination; Removal of User Content
Notwithstanding any of these Site Terms, SOLH reserves the right, without notice and in our sole discretion, to discontinue the Site or any Services offered through the Site and to terminate your license to use and block your access to the Site at any time without notice. In addition, we reserve the right to delete, edit, or modify any and all User Content contained in the Site and any services offered through the Site at any time without notice.
Severability/Waiver
If any provision of these Site Terms is deemed unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver or any of these Site Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Governing Law and Jurisdiction
These Site Terms and your use of the Site are governed by and construed in accordance with the laws of California, applicable to agreements made and to be entirely performed in California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising or in any way relating to these Site Terms shall be filed only in the state and federal courts located in California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Site Terms.
Questions & Contact Information
Thank you for your cooperation. Questions or comments regarding the Site should be directed by electronic mail to [email protected].
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