Terms of Use

(Last Modified April 2, 2020)

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

1.     Your Agreement to the Terms

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 and the Privacy Policy (“Terms”).    These Terms form a binding legal agreement between you and the Public Health Institute in relation to your use of this Site.

BY CLICKING “I ACCEPT” OR “I AGREE” OTHERWISE ACCESSING CONTRIBUTING, OR USING ANY OF THE SERVICES (INCLUDING THE LICENSES, PUBLIC DOMAIN TOOLS, AND CHOOSERS) OR THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By clicking “I ACCEPT” or otherwise accessing or using the Site you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of the Site. If you do not agree to the Terms, you are not authorized to use the Site. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms “you,” and “your” applying to you, that entity, and other users accessing the Site on behalf of that entity.

2.     Changes to the Terms

From time to time, PHI may change, remove, or add to the Terms, and reserves the right to do so in its discretion. In that case, we will post updated Terms and indicate the date of revision. All new and/or revised Terms take effect immediately and apply to your use of the Site from that date on. Your continued use of the Site after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.  You are expected to periodically visit this section of the Site to review the current version of the Terms so you are aware of any changes, as they are binding on you.

3.     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.

4.     No Abuse

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate PHI, a PHI employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability.

Additionally, you agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Site.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack
• Otherwise attempt to interfere with the proper working of the Site.

5.     No Warranties

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PHI NOR ANY PERSON ASSOCIATED WITH PHI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER PHI NOR ANYONE ASSOCIATED WITH PHI REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL PHI BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SITE (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF PHI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PHI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

6.     No Incidental, Consequential or Certain Other Damages

You understand that PHI cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL PHI, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

7.     Linking

PHI’s Site may include links to external websites (including social media sites). These links are provided for your convenience only. We have no control over the contents of those sites or resources. 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. If you decide to access any of the third-party websites linked to by this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. 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.

8.     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.

9.     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.

10.  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.

11.  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.

12.  No License

Nothing contained on the Site should be understood as granting you a license, title, or right to use any of the copyrights, trademarks, service marks, logos, or other intellectual property owned by PHI or by any third party.

13.  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.

14.  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.

15.  Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and PHI regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.