Please read the following carefully as it governs your use
of the web pages located at yololancaster.org (herein after “the Site”.) By
accessing or using the Site, you expressly agree and consent to the following
terms and conditions. If you do not accept the terms and conditions stated
here, do not use the Site.
This site is operated by Antelope Valley Partners for Health (AVPH) under its PACT program.
SCOPE OF AGREEMENT.
A "User" is a partner or participant who registers on the Site to
avail themselves of the information and tools contained herein. A User also
includes anyone who visits the Site anonymously without registering or logging
available through the Site, including those not available as of the
"Effective Date" above.
YOUR REGISTRATION OBLIGATIONS.
In consideration of your use of our Site, you represent that
you are at least 18 years of age (or 13 years of age with your parent’s
permission) and are not a person barred from receiving services under the laws
of the applicable jurisdiction. You also agree to provide true, accurate,
current and complete information about yourself as prompted by the Site's
registration form. You acknowledge that you have no ownership rights in your
account. If you or AVPH cancels your account, all your account information,
including registration, program and participation information you provided,
created or associated with your Account will be deleted and removed from any
public area of the Sites. Information may continue to be available for some
period of time because of delays in effecting deletion or through cached copies
retained by third parties.
USE OF SITE CONTENT AND MATERIALS.
AVPH grants you a non-exclusive, non-transferable, revocable
license (a) to access (but not through scraping, spidering,
crawling or other technology or software used to access data without the
express written consent of AVPH and use the Site strictly in accordance with
this Agreement; (b) to use the Site solely for personal and/or authorized
business purposes; (c) to share your information with friends, relatives and
co-workers for the purpose of assisting you and educating them about the
availability of the PACT program and health and wellness in general; (d) to
print out discrete information from the Site for personal and/or business
purposes so long as you maintain all copyright contained therein.
In order to provide a welcoming and productive community on our Site and to improve the safety and security of our Site, we require that you adhere to the following rules:
Do not give your user name or password to others. You
are responsible for maintaining the confidentiality of your user name and
password in order to protect your information. You are responsible for all uses
of your registration, whether or not authorized by you. If others use your
password to post inappropriate material on the Site, you risk losing your
access to the Site. You agree to notify AVPH immediately of any unauthorized
use of your registration and password.
Do not respond to postings by other users in any manner
or for any purpose other than that which is expected.
Do not present AVPH content or materials (or permit content
and materials to be presented) so that it appears to be available from a third
party Web site.
Do not delete or revise any material posted by any other
person or entity.
Do not violate or attempt to violate the security of the
- Do not access data not intended for your use.
Do not log into a server or account which you are not
authorized to use.
Do not use the Site to advertise or offer to sell or buy
any goods or services not authorized by AVPH.
Do not use the Site for any unlawful purpose or in any manner that would violate international, federal or
local laws or regulations, that would infringe any third party's intellectual
property rights or in a manner that is defamatory, obscene, abusive or hateful.
Do not attempt to probe, scan or test the vulnerability
of a system or network or to breach security or authentication measures without
Do not attempt to interfere with service to any User,
host or network, including, without limitation, via means of submitting a virus
to the Site, overloading, "flooding", "mail bombing" or
Do not modify, adapt, translate, reverse engineer,
decompile or disassemble any portion of the Site.
Do not send SPAM or commercial emails of any kind and do
not send any unsolicited e-mail to individuals, entities or AVPH Users.
Do not forge any TCP/IP packet header or any part of the
header information in any e-mail or newsgroup posting.
Do not attempt to or actually access the Site by any
means other than through the interfaces provided by the Site or by navigating
to http://www.yololancaster.com using a web browser. This prohibition includes
accessing or attempting to access the Site using any third-party service.
Do not use manual or automated software, devices, script
robots, other means or processes to access, "scrape,"
"crawl," or "spider" any web pages or other services
contained in or on the Site.
Do not utilize or copy information, content or any data
you view on and/or obtain from the Site to provide any service that is
competitive, in AVPH's sole discretion, with the Site.
Your violation of any of these Rules may result in civil
or criminal liability. AVPH will investigate occurrences relating to such
violations and may involve and cooperate with law enforcement authorities in
prosecuting Users involved in such violations. If AVPH determines you misled AVPH
this Agreement and your use of the Site. AVPH is under no obligation to monitor
the conduct of its Users, but it may investigate and respond when violations
are reported. It is your responsibility to ensure that your use of the Site
UPLOADING/POSTING OR DISTRIBUTING of Images, Posts and Documents
In connection with certain services available on the
Site, you may elect to upload and distribute documents, images and/or other
materials to the Site ("User Content"). Your submission of
information to the Site, including the uploading of User Content is also
reference herein. You agree that you are solely responsible for the content of
any User Content you post to the Site and any consequences arising from such
posting. In order to maintain the integrity of our Site and promote a positive
experience for all users, you must adhere to the following rules:
Your User Content may not contain:
confidential or private information belonging to others including material non-public information about an individual, company or entity which you do not have the right to transmit or publish or hold in your possession, for whatever reason;
material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others;
white text keywords (including any words embedded in the Document and hidden from the User);
anything that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful;
anything that is embarrassing or offensive to another person or entity;
anything that would give rise to criminal or civil liability,
anything that encourages conduct that constitutes a criminal offense;
anything that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking";
any virus, worm, Trojan horse, Easter egg, time bomb, spyware, malware or other computer code, file, or program that is harmful or invasive or may, or is intended, to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment; or
any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.
You may not use your User Content to:
impersonate another person, living or dead;
post false, inaccurate or misleading information;
post advertisements or solicitations of business without authorization;
post chain letters or pyramid schemes;
post opinions or notices, commercial or otherwise; or
restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).
User Content must:
contain the accurate content of a living individual who also is the User;
not contain anything indicating that others should email for more details. Documents may not charge a fee or restrict complete access to all User Content information.
Where applicable, all User Content must be updated regularly to ensure that they are true, accurate, and complete.
If you have an idea or information that you want to remain confidential or do not want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any
portion of the Site or to any other site through the YoloLancaster Site. AVPH IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON OR THROUGH OUR SITE.
AVPH has no obligation to review User Content posted on
the Site, but it may elect to do so. Documents found to violate these Terms of
Use may be removed at AVPH's discretion and may result in AVPH terminating your
use of the Site or our services.
Special Terms Related To Profiles and User Content:
Please note that, as part of the services offered on our Site, AVPH allows the
creation of an electronic profile and email address for individuals who
register for the Site (our Users) and for whom User Content is stored to the
Site (“Profiles”). These profiles may include enhanced features such as
graphics, images, text, data posted messages etc. AVPH is not responsible for screening
or reviewing any of the User posted/uploaded materials to determine suitability
for use. AVPH is not an agent for any
individual submitting his or her User Content or other materials through the
Site or any company that may view an individual's User Content or materials
through the Site. Nothing herein creates an employer-employee, agency or other
relationship between AVPH and such individuals or organizations. AVPH has no
responsibility for, control over or liability related to recruiting, hiring or
any other decisions related to use of User Content on or individuals using the
Site. The Site acts as, among other things, as a venue for Users to create and
edit User Content and for others to view such User Content when the User grants
permission. AVPH is not responsible for
reviewing, screening, editing or monitoring the User Content posted on our Site
or make any judgments about or selections of User Content or individual authors.
AVPH is not involved in the actual transaction between a potential counterparty
and any Users through the Site and has no control over the User Content or the
quality, truth, accuracy, reliability, completeness or timeliness of such
materials. AVPH makes no representations or warranties about any material Users
post on our Site.
Special Notice about the AVPH status and/or relationship
with User: We are not licensed medical practitioners or healthcare providers
nor do we claim to be. By using this Site, you acknowledge that AVPH and its
affiliates are not providing you with medical advice or acting as your physician,
and you assume full responsibility for any outcomes or costs associated with
your use of this Site. AVPH does not
claim that content is complete and suitable for use in all situations and conditions. You should seek your own medical advice before
relying on any AVPH content. You hereby
acknowledge that AVPH does not provide individualized health advice and
Various third parties offer or provide materials through
the pages on our Site. You also may obtain access to other sites on the
Internet through the pages on our Site. By providing this service, AVPH is not
undertaking any responsibility or liability for information or publications of
third parties on the Internet even if you access them through these pages. Your
correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Site, including payment and delivery of
related goods or services and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
third party. You agree that AVPH shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings or as
the result of the presence of such third parties' links and/or ads on the Site
and AVPH expressly disclaims any responsibility or liability for any material
communicated by third parties through these pages or for any claims, damages or
losses resulting from the use thereof.
We and/or third-parties may make available through the
Site services (for example, message boards, chat functionality and comment
features on blogs, among other things) to which you are able to post
information and materials (each, a "Forum"). PLEASE BE AWARE THAT
SUCH FORUMS MAY BE PROVIDED BY A THIRD PARTY, AND MAY BE SUBJECT TO THE TERMS
AND CONDITIONS OF SUCH THIRD PARTY AS WELL AS THIS AGREEMENT.
REPRESENTATIONS AND WARRANTIES.
No Representations or Warranties by AVPH. AVPH makes no
representations or warranties with respect to these pages, their Content and
Materials (including, without limitation, material communicated by third parties)
or communications from Customer Service representatives, all of which are
provided on an "as is" and "as available" basis. AVPH disclaims
all warranties, express or implied, including without limitation the implied
warranties of merchantability and fitness for a particular purpose. AVPH makes
no representations or warranties that the services provided by these pages or
any customer service representatives will be uninterrupted or error-free, that
defects will be corrected or that the pages or the server that makes them
available are free from viruses, worms or other harmful components. If your use
of the Site results directly or indirectly in the need for servicing or
replacing equipment or data, AVPH is not responsible for those costs. AVPH also
makes no representations or warranties as to whether the information accessible
via these pages or customer service representatives, including information
posted by Users or third parties, is accurate, complete, current, reliable or
truthful. AVPH assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or
Nothing on the Site shall be considered an endorsement,
representation or warranty with respect to any User or third party, whether in
regards to its web site, products, services, experience, recruiting, hiring or
otherwise. No advice or information obtained by any User from AVPH or its
personnel shall create any warranty not expressly provided for in this
Agreement. You agree that any reliance on materials/information posted by Users
or on any other form of communication with Users will be at your own risk. AVPH
acts as, among other things, a portal for the online distribution and
publication of User submitted information and has no obligation to screen
communications or information in advance and is not responsible for screening
or monitoring User posted material or information, although it reserves the
right to do so.
No Guaranty of Results. AVPH makes no representations or guarantees
regarding the effectiveness or timeliness of the Site in meeting objectives of
Users. AVPH does not guarantee that information provided on the Site, content
created by AVPH or materials posted by Users will result in any positive or
negative changes in your health and well-being. AVPH encourages you to seek the
advice of a physician before embarking on any significant changes in your
habits or lifestyle.
User Representations and Warranties. You hereby represent
and warrant that you:
- are using the Content and Materials solely for your own personal or authorized business use;
will not use the Content and Materials for unauthorized commercial purposes and will
not aggregate, redistribute or otherwise transmit the Content and Materials to
any other individual or entity; and
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AVPH AND ITS PARENT,
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY
OF THESE PAGES, SERVICES, AND CONTENT AND MATERIALS SHALL NOT BE LIABLE TO YOU
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA (INCLUDING, WITHOUT LIMITATION, ANY DOCUMENTS WRITTEN OR CREATED BY AVPH,
AND ANY OTHER USER INFORMATION PROVIDED IN CONNECTION THEREWITH) OR OTHER
INTANGIBLE LOSSES (EVEN IF AVPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE
AVPH RESERVES THE RIGHT AT ANY TIME TO MODIFY OR
DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SITE (OR ANY PART THEREOF) WITH OR
WITHOUT NOTICE. YOU AGREE THAT AVPH SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD
PARTY FOR ANY SUCH MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SITE. THE
LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU BECAUSE
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF ANY LIMITATIONS ARE HELD
INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN AVPH'S MAXIMUM LIABILITY TO
YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $50.00 IN THE
AGGREGATE. IN NO EVENT SHALL AVPH (ITS PARENT, SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS OR ANYONE ELSE WHO HAS BEEN
INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES), BE LIABLE
FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US $50.00 OR FIVE TIMES
THE AMOUNT OF YOUR MOST RECENT MONTHLY PAYMENT (IN THE EVENT YOU ARE A PAYING
SUBSCRIBER), WHICHEVER IS LESS. IF ANY PART OF THE EXCLUSIONS OF DAMAGES OR
LIMITATIONS OF LIABILITY SET FORTH HEREIN IS UNENFORCEABLE UNDER APPLICABLE
LAW, AVPH'S AGGREGATE LIABILITY RELATED THERETO WILL BE LIMITED TO THE MAXIMUM
EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
BECAUSE USER AUTHENTICATION OVER THE INTERNET IS DIFFICULT, AVPH
CANNOT AND DOES NOT CONFIRM EACH USER'S IDENTITY. WE ARE NOT INVOLVED IN
USER-TO-USER DEALINGS NOR DO WE CONTROL THE BEHAVIOR OF PARTICIPANTS ON ANY
SITE. THEREFORE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS,
YOU RELEASE AVPH (AND OUR AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES
(ACTUAL AND CONSEQUENTIAL AND DIRECT AND INDIRECT) OF EVERY KIND AND NATURE,
KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A
CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR."
The Site and all right, title and interest in and to the
Site is the sole property of AVPH and/or its Affiliates (including parent
company) or its licensors, and is protected by U.S. copyright and international
treaties. AVPH reserves for itself and its licensors all other right, title and
interest. “YOLO Lancaster,” "AVPH" and their respective design logo
are service or trademarks of AVPH. All related products and service names,
design marks and slogans are also the service marks or trademarks of AVPH. In
addition, the "look" and "feel" of the Site (including
color combinations, button shapes, layout, design and all other graphical
elements) are protected by AVPH’s trademarks, service marks and copyrights. All
other product and service marks contained on the Site are the trademarks of
their respective owners. You agree that the Site and any software used in
connection with the Site contain proprietary and confidential information that
is protected by applicable intellectual property and other laws. You further
agree that content, including any tests and/or reports, contained in
advertisements or information presented to you through the Site or by
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly permitted by applicable
law or authorized by AVPH or its affiliates (as applicable), you agree not to
modify, rent, lease, loan, sell, distribute or create derivative works based on
the Service or the Software, in whole or in part. AVPH also reserves the right
to use its work, including, without limitations, any content created by AVPH,
For the avoidance of doubt, each User retains ownership
of any materials you, the User, submits through the Site (each, a
"Submission"). However, in order to make your Submissions available
on the Site and to best provide you with services tailored to such Submissions,
AVPH needs certain rights to your Submissions. As such, by submitting materials
to our Site, including User Content, you grant to AVPH and its designees a worldwide,
non-exclusive, transferable, royalty-free, fully-paid up, perpetual,
irrevocable right and license, without compensation or further notice to you:
(a) to use, reproduce, distribute, adapt (including without limitation edit,
modify, translate, and reformat), create derivative works of, publicly display
and publicly perform such Submission, and the contents of such Submission, in
any media now known or hereafter developed, for AVPH 's business, marketing and
promotional purposes and (b) to sublicense the foregoing rights, through
multiple tiers, to the maximum extent permitted by applicable law; provided
however, that in each case, with respect to the Document materials you submit,
such rights shall be subject to any restrictions or limitations established by
you in connection with your creation or maintenance of such User Content (for
example, if you limit availability of your content, AVPH will use commercially
reasonable efforts to ensure that the availability of your content complies
with the settings you selected). By way of further explanation, AVPH would not
be able to perform many of the services we offer without your granting AVPH
these rights. For example, without the right to "adapt," we would be
unable to make the necessary changes to the Submissions so that the Submissions
meet our technical criteria; without the right to reproduce, we would be unable
to make copies of Submissions on our servers to post the Submissions. As noted,
this license is non-exclusive (so you can license your Submissions to others),
worldwide (as the Internet is global in its reach), fully-paid up and
royalty-free (so that we do not have to pay you for posting your Submissions)
and sublicenseable through multiple tiers (so that we
can use our subcontractors to provide Services).
For each Submission, you represent and warrant that you
have all rights necessary for you to grant the licenses granted in this section
and that such Submission and your provision thereof to and through the Site
comply with all applicable laws, rules and regulations. You acknowledge that
you are solely responsible for verifying any and all information contained in
any Submission, including, without limitation, confirming your own data, terms
or language, and that AVPH is not responsible for correcting any information
provided to any third party. You further irrevocably waive any "moral
rights" or other rights with respect to attribution of authorship or
integrity of materials regarding each Submission that you may have under any applicable
law under any legal theory.
Claims of Copyright Infringement. If you have a good
faith belief that materials available on the Site infringe your copyright, send
AVPH a notice requesting that we remove the material or block access to it. If
you believe in good faith that someone has wrongly filed a notice of copyright
infringement against you, send AVPH a counter-notice. Notices and
counter-notices must meet the then-current statutory requirements imposed by
federal law (see http://www.copyright.gov/ for details). See below
"Information or Complaints" for where to send notices or
FITNESS FOR USE.
AVPH makes no representation that materials on these pages
are appropriate or available for use in any particular location. Those who
choose to access these pages do so on their own initiative and are responsible
for compliance with local laws.
THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH
FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT
BY A JUDGE OR JURY. As precursor to arbitrating any dispute, you must first
contact AVPH by email at firstname.lastname@example.org, so that we can work to
resolve the dispute. Similarly, we must first contact you at the most recent
email address that we have on file for you before bringing a dispute to
arbitration. In the event that we cannot resolve a dispute within sixty (60)
days of notification by either party or if AVPH is unable to reach you, you do
not respond to our efforts to contact you or you fail to engage in good-faith
settlement discussions with AVPH, then the following procedures shall apply.
All disputes arising under or relating to this Agreement shall be settled by
arbitration administered by the American Arbitration Association under its
Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related
Disputes ("Supplementary Procedures"), as amended by the terms of
this Agreement. The Supplementary Procedures are available online at
www.adr.org. To the extent that the arbitrator deems reasonable, the arbitrator
shall conduct hearings, if any, by teleconference or videoconference, rather
than by personal appearances. Any in-person appearances requested by the
arbitrator shall be held in Lancaster, CA. The arbitrator's decision shall be
based upon the substantive laws of the State of California without regard to
its principles of conflicts of law. Arbitration proceedings shall be conducted
in English and shall be conducted in a manner that preserves confidentiality.
The arbitrator's decision shall follow the plain meaning of the relevant
documents and shall be final and binding. The award rendered by the
arbitrator(s) may be confirmed and enforced in any court having jurisdiction
thereof. Notwithstanding any of the foregoing, AVPH may seek injunctive relief
in U.S. state or federal courts for protection of its intellectual property
rights (including the rights of its licensors), and you agree to exclusive
jurisdiction by the federal and state courts located in the State of California
and waive any jurisdictional, venue or inconvenient forum objections to such
entire agreement between you and AVPH and govern your use of the Site,
superseding any prior agreements between you and AVPH with respect to the Site.
You also may be subject to additional terms and conditions, e.g., our Privacy
Policy, as set forth on our Site or when you use or purchase certain other AVPH
services, affiliate services or third-party content or third-party services.
2. User Remedies. You acknowledge that, except as expressly
provided elsewhere in this Agreement, your only right with respect to any
dissatisfaction with any modification or discontinuation of service made by AVPH
or any policies or practices in providing this Site or our products, including
without limitation any change in content or any change in the amount or type of
fees or charges associated with our products, is to cancel your subscription or
user account, as applicable. In no event shall you seek or be entitled to
rescission, injunctive or other equitable relief, or to enjoin or restrain the
operation of the AVPH's services, exploitation of any advertising or other
materials issued in connection therewith, or exploitation of AVPH's services or
any content or other material used or displayed through AVPH's Sites.
relationship between you and AVPH shall be governed by the laws of the State of
California without regard to its conflict of law provisions. You and AVPH agree
to submit to the personal and exclusive jurisdiction of the courts located
within the county of Los Angeles, California.
4. Indemnity. You agree to defend, indemnify, and hold
harmless AVPH (and its officers, directors, employees and agents) from and
against any third party claims, actions or demands (including, without
limitation, costs, damages and reasonable legal and accounting fees) alleging
or resulting from or in connection with your use of the Site, Documents posted
by you on the Site or distributed by you through the Site or your breach of
this Agreement. AVPH shall use reasonable efforts to provide you with prompt
notice of any such claim, suit, or proceeding and may assist you, at your
expense, in defending any such claim, suit or proceeding.
5. Waiver and Severability of Terms. The failure of AVPH to
constitute a waiver of such right or provision. If any provision of the Terms
of Use is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
6. Statute of Limitations. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out of or
year after such claim or cause of action arose or be forever barred.
7. Amendment. AVPH reserves the right to update or amend
to this web page, so you should visit this page often.
8. Term and Termination. This Agreement is effective until
terminated. AVPH, at its sole discretion, may terminate your access to or use
of the Site, at any time and for any reason. Such termination, including
deactivation or deletion of your password and user name, and all related
information and files associated with it may happen without prior notice. AVPH
shall not be liable to you or any third party for any termination of your
access to the Site or to any such information or files and shall not be
required to make such information or files available to you after any
termination. Sections 6-14 shall survive such termination.
9. Filtering. Please note that parental control protections
(such as computer hardware, software or filtering services) are commercially
available that may help you to limit access to material that is harmful to
minors. Information on these types of parental controls is available at GetNetWise (http://kids.getnetwise.org/) and
OnGuard Online (http://onguardonline.gov/). AVPH does not
endorse any of the products or services listed at these sites.
10. Notice. For purposes of service messages and notices
about the services to you, notice shall consist of an email from AVPH to the
email address associated with your account, regardless of any other information
we may have. AVPH also may, at its option, communicate with you through your
account or through other means including email, mobile number, telephone, or
delivery services including the US Postal Service about your account or services
associated with AVPH. AVPH shall have no liability associated with or arising
from your failure to maintain accurate contact or other information, including,
but not limited to, liability your failure to receive important information
about our services.
11. Customer Service. As part of the services AVPH offers,
we may make live customer service agents available to our Users to discuss
transactional or other issues telephonically or through electronic or written
communications. Customer Service Representatives are not permitted and do not
addition, AVPH expressly disclaims any liability for information provided by
its customer service representatives to the extent the information is beyond or
inconsistent with information set forth herein.
are for convenience only and have no legal or contractual effect.
13. Privacy Information. AVPH recognizes the importance of
protecting the information that we collect from customers during the process of
using the YOLO Lancaster site. For further information, please review our
above, please contact us at email@example.com.