Terms of Use
Please read these TERMS OF USE carefully.
Heart Hospital of BK, LLC dba Bakersfield Heart Hospital (“we,” “our” or “Bakersfield Heart Hospital”) make this website available to you in exchange for your agreement with all of the terms and conditions stated below. Any person or entity accessing or using or this website, either directly or indirectly, is referred to herein as “you” or “your.”
PLEASE READ THIS CAREFULLY. THIS IS A BINDING CONTRACT WITH YOU. BY ACCESSING OR USING THE WEBSITE, YOU ARE ACCEPTING ALL OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL THE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.
You may only access and use this website for personal, non-commercial or educational purposes. You may not modify or use the content available on this website for any other purpose without our express written consent. You agree that you will not upload or transmit any communications or content of any type, including secure messaging that infringe upon, misappropriate or violate any rights of any party.
Bakersfield Heart Hospital expressly reserves the right, in its sole discretion, to terminate any website user’s access to any interactive services and/or to any or all other areas of this website due to any act that would constitute a violation of these Terms of Use.
THE WEBSITE IS NOT A SUBSTITUTE FOR MEDICAL ADVICE
This website if for informational purposes only. You should not substitute information on this website for professional medical advice, diagnoses or treatment. You should always seek the advice of your health care provider regarding any medical condition. Do not disregard the advice of your health care provider or delay seeking advice because of anything you may read on this website. IF YOU THINK YOU HAVE A MEDICAL OR PSYCHIATRIC EMERGENCY, IMMEDIATELY CALL 911 OR GO TO THE NEAREST HOSPITAL.
WEBSITE CONTENT DISCLAIMER
The information on this website is provided as a service to the community for informational purposes only, and is not a substitute for the advice of your personal physician or other qualified health care professional. We attempt to maintain the integrity and accuracy of the services and information on this website, which is believed to be complete and generally in accord with the standards accepted at the time of publication. There is, however, the possibility of human error and on-going changes in medical science so we make no guarantees of any kind as to its reliability, completeness, accuracy, usefulness, timeliness, or suitability. Also, unauthorized additions, deletions, or alterations could be made to the website by third parties without our knowledge. If you believe that information found on the website is inaccurate or unauthorized, please inform us by contacting our Web manager at contact@bakersfieldhearthospital.com.
Always seek the advice of your physician or other qualified health care professional with any questions you may have regarding medical symptoms or a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this website.
We may revise the information on this website or otherwise change or update the website, including these Terms of Use, at any time. Any such changes will become effective on the date of our posting of the revised Terms of Use. The most recent date on which changes have been made to the Terms of Use can be found at the top of this website page. You are encouraged to regularly check for updates to the Terms of Use and to reread the Terms of Use in their entirety whenever they are updated.
Bakersfield Heart Hospital may also make improvements and/or changes in products and/or services described on this website at any time without notice. Further, Bakersfield Heart Hospital disclaims any warranty that the website will be available at all or will operate without interruption. We encourage you to periodically read these Terms of Use to see if there have been any changes to our policies that may affect you. Your continued use of the website will signify your continued agreement to these Terms of Use as they may be revised.
LINKS TO OTHER WEBSITES
This Bakersfield Heart Hospital website may provide links to other websites that are not owned or controlled by Bakersfield Heart Hospital (“Third Party websites”). We may provide links to Third Party websites to help connect you to additional sources of health information or Third-party services that may be of interest to you. Links to Third Party websites are offered only as a convenience to you, and do not necessarily mean that Bakersfield Heart Hospital has a business relationship with that entity. Additionally, unless we specifically advise you otherwise, links to Third Party websites do not constitute or imply endorsement or recommendation of those sites by Bakersfield Heart Hospital, the information they contain or any products or services they describe. Bakersfield Heart Hospital does not receive payment or other remuneration in exchange for your visiting or using any Third-Party websites.
Bakersfield Heart Hospital may also provide links to Third Party websites managed by vendors that we have made arrangements with to offer you services to help you manage your health or to take and fulfill orders when you purchase items or materials from us. These Third-Party websites may be co-branded, meaning that they display a Bakersfield Heart Hospital logo and the logo of the Third-Party vendor but they are owned and controlled by the Third Party; therefore, we make no guarantees as to the accuracy or completeness of the Third-Party website content.
Bakersfield Heart Hospital does not control these other websites and assumes no liability or responsibility for them, including any content or services provided to you. This is to inform you that Bakersfield Heart Hospital has not reviewed these websites and therefore cannot make any representations regarding the quality or reliability of any content or information found on them. We are not responsible for your use of, or reliance upon, any materials, content or information from such external websites. Further, Bakersfield Heart Hospital is not responsible for the security or the privacy practices of Third-Party websites and we strongly encourage you to review the privacy statement and any terms of use for each Third-Party website that you visit.
DISCLAIMER OF WARRANTIES
ANY AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE (INCLUDING HYPERLINKED WEBSITES), ARE BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER WE NOR ANY OTHER PERSON OR ENTITY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE (INCLUDING HYPERLINKED WEBSITES).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NO ORAL OR WRITTEN INFORMATION OR ADVICE CONTAINED IN THE SERVICES OR GIVEN BY US OR ANY OTHER PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, OUR EMPLOYEES AND REPRESENTATIVES) SHALL CREATE A WARRANTY NOR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
WITHOUT LIMITING THE FOREGOING, NO REPRESENTATIONS OR WARRANTIES ARE MADE REGARDING THE FOLLOWING:
The accuracy, reliability, completeness, currentness, or timeliness of content, software, text, graphics, links, or communications provided on or through the use of our website.
The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the content contained on the website.
We do not warrant that the website, content, products or services included on or otherwise made available to you through the website (including hyperlinked websites), their servers or electronic communications sent from us are free of viruses, worms, trojan horses or any other harmful components. You are responsible for backing up your data on your computer hard drives so that you can reconstruct any lost data.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
LIMITATIONS ON LIABILITY
THIS SECTION LIMITS OUR LIABILITY TO YOU.
YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE IS AT YOUR SOLE RISK. BAKERSFIELD HEART HOSPITAL IS NOT RESPONSIBLE FOR THE INFORMATION PROVIDED IN THIS WEBSITE, WHICH IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THEREFORE, YOUR USE OF THIS WEBSITE SIGNIFIES YOUR AGREEMENT TO BE SOLELY RESPONSIBLE FOR YOUR USE OF THIS WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE, ALL SITE-RELATED SERVICES, AND THIRD-PARTY WEBSITES.
FURTHER, BY USING THIS WEBSITE, YOU AGREE TO INDEMNIFY AND HOLD BAKERSFIELD HEART HOSPITAL AND EACH OF ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, AFFILIATES,SUBSIDIARIES, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, OR ANY OTHER RELATED PERSONS OR ENTITIES, (COLLECTIVELY “RELATED PARTIES”) HARMLESS FOR ANY CLAIMS, LOSSES, LIABILITIES OR DAMAGES, INCLUDING ATTORNEY’S FEES, RESULTING FROM OR RELATING TO YOUR BREACH OF THESE TERMS OF USE OR YOUR USE OF THIS WEBSITE.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL BAKERSFIELD HEART HOSPITAL, ITS RELATED PARTIES, SUPPLIERS, OTHER THIRD PARTIES MENTIONED OR LINKED TO, AND INFORMATION PROVIDERS BE RESPONSIBLE OR LIABLE FOR (1) ANY DAMAGES YOU MAY SUFFER OR CAUSE THROUGH THE USE OF THE WEBSITE, OR (2) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF YOUR USE OR INABILITY TO USE THE WEBSITE OR RELATING IN ANY WAY TO THE WEBSITE. THESE LIMITATIONS SHALL APPLY WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE GROUNDS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, WEBSITE-RELATED SERVICES, AND/OR THIRD-PARTY WEBSITES IS TO STOP USING THE WEBSITE AND/OR THOSE RELATED SERVICES.
CERTAIN STATE LAWS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
CALIFORNIA JURISDICTION
By using this website, you agree that California law governs these Terms of Use without regard to its conflicts of law principles as such laws would apply to a contract fully negotiated, entered into, and performed in California. Therefore, any action against Bakersfield Heart Hospital must be brought in California. Further, you agree that the state or federal courts located in or serving Kern County, California, United States of America, shall have mandatory exclusive jurisdiction and venue over any action arising out of or relating to these terms and/or your use of the website. Consequently, you waive any claim with respect to which a court located in or serving Kern County, California lacks personal jurisdiction over you, is an improper venue, or is an inconvenient forum.
NOTICE REQUIRED BY CALIFORNIA LAW
Pursuant to California Civil Code Section 1789.3, users are entitled to the following specific consumer rights notice:
The name, address and telephone number of the provider of the Site is Bakersfield Heart Hospital, 3001 Sillect Avenue, Bakersfield, CA 93308, phone 661-316-6000. Complaints regarding the Site or content or requests to receive further information regarding use of the Site or content may be sent to the above address or to contact@bakersfieldhearthospital.com.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at 916-574-7950 or 800- 952-5210.
COPYRIGHT
All information, including text, graphics, logos, button icons, photos, images, forms, audio, and video contained within this website is the property of Bakersfield Heart Hospital, unless otherwise noted, and is protected by United States and international copyright laws. Except for the use by an individual solely for personal, noncommercial use, the content of this website may not be reproduced or copied in whole or in part without the prior written permission of Bakersfield Heart Hospital. You have no rights to content, software or services other than those expressly granted in these Terms of Use.
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. It is the policy of Bakersfield Heart Hospital to obtain any required permission for use of all pictures included in this website. In the event a picture has been included for which permission was not granted, it is through inadvertence and the picture will be removed upon receipt of notice. If you believe in good faith that materials appearing on this website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Please inform us with written Notification of Claimed Infringement in compliance with Title 17, United States Code, Section 512 (c)(3)(A) and should be provided in writing to:
Webmaster
Bakersfield Heart Hospital
3001 Sillect Avenue
Bakersfield, CA 93308
Phone: 661-316-6000
Email: contact@bakersfieldhearthospital.com
TRADEMARKS AND SERVICE MARKS
“Bakersfield Heart Hospital” and the Bakersfield Heart Hospital logo are registered service marks of Bakersfield Heart Hospital. Other proprietary marks of Bakersfield Heart Hospital or third parties may be designated as such from time to time on this website through use of the TM, SM, or ® symbols. Users of this website are not authorized to make any use of the Bakersfield Heart Hospital marks or the proprietary marks of third parties, including but not limited to, as metatags or in any other fashion that may create a false or misleading impression of affiliation or sponsorship with or by Bakersfield Heart Hospital or the applicable Third Party.
CREDIT CARD TRANSACTIONS
If you provide us with your credit card number for donations or payments, we will treat your credit card number in a secure manner in accordance with our Website Privacy Policy.
SOCIAL MEDIA DISCLAIMER
By interacting with Bakersfield Heart Hospital on social media (including but not limited to, Facebook, Twitter, YouTube), you acknowledge and agree that you may be voluntarily sharing aspects of your personal health information on a public forum. Federal and state laws protecting the privacy of your personal health information may not be applicable. Questions about medical concerns must be answered by your physician. Bakersfield Heart Hospital will not respond to specific medical inquiries regarding a patient’s condition or disease via social media. Any information you receive through Bakersfield Heart Hospital social media sites do not constitute medical advice, medical recommendations, diagnosis, treatment or cure. For more information regarding the use and disclosure of your personal health information on Bakersfield Heart Hospital social media sites, please contact the Privacy Office at 661-316-6050.
USE BY INDIVIDUALS UNDER THE AGE OF 18
This website is not directed to children and children are not eligible to use our website services. We will not knowingly collect information from website users under the age of eighteen (18). If you are under the age of eighteen (18), please do not attempt to use the website or any of our services or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under the age of eighteen (18), we will delete that information as quickly as possible.
PRIVACY
We respect your personal privacy. Please refer to our Website Privacy Policy, which is incorporated as though set forth fully herein by this reference, for further details of our commitment to your privacy. You acknowledge and agree it is your responsibility to review the Site Privacy Policy periodically and become aware of any modifications.
MISCELLANEOUS TERMS
If any of these Terms of Use are deemed invalid, void or for any reason unenforceable, that term shall be deemed removed and shall not affect the validity and enforceability of any remaining terms.
No waiver by us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Use shall constitute a waiver of such right or provision.
We will not be deemed to be in breach of these Terms of Use or liable for any breach of these Terms of Use and/or our Privacy Practices Policy, due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes, pandemic, floods, civil disorder, strikes, fire, or other disasters.
COMMENTS OR QUESTIONS
The information on our website is managed by the Bakersfield Heart Hospital Communications and Marketing Department. For questions, concerns or suggestions please contact us at contact@bakersfieldhearthospital.com.
Comments or questions will be routed to the appropriate individual within the organization.
You can also contact us via U.S. mail:
Bakersfield Heart Hospital
Marketing and Communications Department
3001 Sillect Avenue
Bakersfield, CA 93308
contact@bakersfieldhearthospital.com