WEBSITE TERMS OF USE


(Last Modified October 10, 2012)

PLEASE REVIEW BEFORE USING THIS WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

Welcome to the Website ("Site") of the Public Health Institute (referred to as "PHI"). Use of the Site is governed by these Website Terms of Use ("Terms"). By accessing, using or contributing to the Site, you agree to be bound by the following Terms. "You" means the individual and/or entity using the Site (if your use is on behalf of a principal, "you" includes both you as an individual and your principal).

PHI may change the Terms from time to time at its sole discretion. Your continued use of the Site following the posting of such changes will constitute your agreement to all such changes. Please periodically visit this section of the Site to review the current version of the Terms.

  1. Privacy Policy: PHI respects the privacy of all Site users. Read a complete statement of PHI’s current Website Privacy Policy. PHI’s Privacy Policy is expressly incorporated into these Terms by this reference.

  2. No Abuse: You agree not to use any device, software, routine or other process to interfere or attempt to interfere with the proper working or functions of the Site or to access the Site by any means other than through the interface that is provided by PHI. You agree not to collect email addresses or other contact information of other users of the Site by electronic or other means or to engage in "framing," "mirroring," or otherwise simulating the appearance or function of the Site. Violations of system or network security may result in civil or criminal liability.

  3. No Warranties: You agree that the Site and all of its functionality (including links) and all information on it is provided AS IS and as available. If there are any implied warranties, duties or conditions that relate to the Site, to its functionality or to the information available on it, you agree that they are all disclaimed, including without limitation, any duties of workmanlike effort, accuracy, and lack of negligence or viruses. There is no warranty against interference with your enjoyment of the Site or against infringement. PHI does not warrant that the Site will meet your requirements or that the operation of the Site will be uninterrupted or error-free.

  4. No Incidental, Consequential or Certain Other Damages: You agree that PHI will not be liable for any special, consequential, incidental or punitive damages, damages for lost profits, loss of privacy or security, or failure to meet any duty (including without limitation any duty of good faith or lack or negligence or of workmanlike effort). You further agree that PHI will not be liable for any other indirect damages that arise out of or are related to any aspect of the Site or information available on it, even if you have been advised of the possibility of such liability or damage.

  5. Linking: PHI’s Site may include links to websites (including social media sites). You understand that PHI does not and cannot review all material made available through websites linked or linking to any part of the Site. You also understand that such linking does not imply in any way that PHI endorses or is affiliated with any third-party website. You agree that PHI bears no responsibility or liability for any content accessed or harm caused from or by any third-party website.

    You are welcome to link to this Site as long as the link does not intentionally distort the content provided or the positions taken by PHI, or violate any applicable law. In its sole discretion, PHI can terminate this permission to link to the Site at any time, for any reason or no reason, and without prior notice. If you continue or resume linking after such termination, those links are unauthorized by PHI unless you receive non-electronic, written notification to the contrary.

  6. Copyright: You should assume that everything you see or read on this Site is copyrighted. You may download a single copy of written 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. Except as permitted above, You may not use, reproduce, modify, prepare derivative works, distribute, or transmit the contents of the Site for any purpose without our written permission. You may print or make a copy of these Terms. The foregoing rights are revocable, and all intellectual property rights not expressly granted here are reserved.

  7. Compliance with Intellectual Property Laws: When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your access and use of 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, use, modify or otherwise distribute any information or content (collectively "Content") in violation of PHI's or 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. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.

  8. Notice of Copyright Violation: PHI has adopted a policy that provides for the immediate suspension and/or termination of any Site user who is found to have infringed on the rights of PHI or of a third party, or otherwise violated any intellectual property laws or regulations. PHI’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want PHI to delete, edit or disable the material in question, you must provide PHI with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit PHI to locate the material; (d) information reasonably sufficient to permit PHI to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to PHI at: Public Health Institute, 555 12th Street, Oakland, CA 94607; 510.285.5000; communications@phi.org.

  9. Indemnity: You agree to indemnify, defend and hold harmless PHI, 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 of any intellectual property or other right of any person or entity. PHI 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.

  10. No License: Nothing contained on the Site should be understood as granting you a license to use any of the copyrights, trademarks, service marks, logos, or other intellectual property owned by PHI or by any third party.

  11. Governing Law: These Terms will be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in the County of Alameda, California, USA, in all disputes arising out of or related to the use of the Site.

  12. Severability; Waiver: If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms 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 will constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.