By the Bay Health Terms of Service ("Agreement")
This Agreement was last modified on March 28, 2016.
Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using https://bythebayhealth.org (“the Site”) operated by By the Bay Health (“us”, “we”, or “our”) and any other website owned by By the Bay Health. This Agreement sets forth the legally binding terms and conditions for your use of the Site at https://bythebayhealth.org.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.
Intellectual Property
The Site and its original content, features and functionality are owned by By the Bay Health and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Trademarks
The terms “Hospice by the Bay®”, “Hospice of Marin®”, “By the Bay Health®”, “By the Bay Kids®” and “By the Bay Wishes®” are registered trademarks of By the Bay Health. The By the Bay Health logo and all related product and service names, designs and slogans are By the Bay Health trademarks. You may not use such marks without the prior written permission of By the Bay Health. All other names, brands and marks are used for identification purposes only and may be trademarks or registered trademarks of their respective owners.
Not a Substitute for Medical Advice
The content on this site is for informational purposes only. It is not a substitute for professional medical consultation, advice, diagnosis or treatment, and should not be used as such. You may use this information in discussion with your health care providers to help determine if hospice care would be appropriate for your condition or situation.
Information Security
Although By the Bay Health takes reasonable precautions to protect our Site users’ information, if you submit an electronic message to us, you do so at your own risk; such messages may not be secure. We request that you do not send patient information by email. If you choose to send confidential information to us via email, you accept the risk that a third party may intercept this information.
We strive to respond to all email requests in a timely manner, but you assume all responsibility for any liability arising from such electronic submission. You further agree to release and hold us harmless from any and all liability or cause of action arising from the interception, access or use by a third party of any information submitted electronically by you through this site or from any errors or omissions in the data you provide.
The submission of an electronic message to us does not create or constitute any relationship between you and By the Bay Health (its directors, officers, employees, shareholders, agents or representatives) or create a communication to which any privilege may attach.
Please review our Privacy Policy Statement for more details about your electronic information.
Links to Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by By the Bay Health.
By the Bay Health has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.
Governing Law
By the Bay Health does not represent or warrant that the functions contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site, or the server that makes the site available, are free of viruses or other harmful components. By the Bay Health does not make any warranties or representations regarding the use of the materials in this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Limitation of Liability
In no event shall By the Bay Health be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, whether in an action under contract, negligence or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, opinions, services, products and materials available from this site. These limitations shall apply notwithstanding any failure of essential purpose of any limited liability. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
Indemnification
As a user of this site, you agree to indemnify and hold harmless By the Bay Health and its officers, trustees, directors, employees, agents, affiliates, third-party information providers, licensors and others involved in this site or the delivery of products, services or information over this site, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of these Terms of Use or your use of this site or any products, services or information obtained from this site.
Compliance
The owner of this site is based in the State of California, USA. By the Bay Health makes no representation that materials in this site are appropriate or available for use in other locations. If you access this site from other locations, you are responsible for complying with local laws.
Governing Law
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of CA, USA, without giving effect to any principles of conflicts of law.
Changes to This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
Copyright and Use of Content
© 2021 By the Bay Health®. All rights reserved. The entire contents of this site (including all information, software, text, displays, images and audio) are all protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on this site for personal use. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this site without the prior written consent of By the Bay Health, except to:
- a) Store copies of such materials temporarily in RAM;
- b) Store files that are automatically cached by your Web browser for display enhancement purposes; and
- c) Print a reasonable number of pages of this site—provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials.
Neither the title nor any intellectual property rights to any information or material in this site are transferred to you, but remain with By the Bay Health or the applicable owner of such content. Except as expressly authorized by By the Bay Health in writing, you may not reproduce, sell or exploit for any commercial purposes:
- a) any part of this site;
- b) access to this site; or
- c) use of this site or of any services or materials available through this site.
Health Care Privacy Practices—Know Your Rights
The privacy of your health information is protected by law, and By the Bay Health is committed to safeguard patient confidentiality. Click here to read our Notice of Privacy Practices, which explains the steps we take to ensure that your protected health information is not used improperly and the circumstances under which we may disclose this information to qualified sources.
Contacting By the Bay Health
If you have any questions about this Agreement, please contact By the Bay Health’s Communications Department at (415) 526.5500 or email hospiceinfo@bythebayhealth.org if you become aware of any content that may infringe on the copyright of a third party or that you believe to be in violation of these Terms of Use.