Terms of Use

Welcome to the My Chula Vista Doctors web presences. The terms and conditions listed below apply to all of My Chula Vista Doctors’ websites, mobile applications, social media channels, and other online-based services (“Online Services”). Please read the following terms and conditions of use carefully before using the Online Services.

Acceptance of Terms and Conditions

Your access and use of the Online Services constitute your acceptance of these terms and conditions as they appear at the time of your use. If you do not agree to these terms and conditions, you may not use the Online Services. My Chula Vista Doctors may modify these terms and conditions at any time. Any modifications made to these terms and conditions will be effective immediately upon posting on the Online Services. You agree to review these terms and conditions each time you use the Online Services so that you are aware of any modifications made to these terms and conditions. Use of certain Online Services (such as online portals for accessing personal health information for personal or professional use) may be subject to additional terms and conditions provided on those services.

No Medical Advice

My Chula Vista Doctors’ Online Services do not give medical advice, diagnosis, or treatment. Content, such as words, pictures, and other material found on the Online Services, is for informational use only. My Chula Vista Doctors does not recommend any specific tests, doctors, products, procedures, views, or other information that may be mentioned on the Online Services. The information provided through the Online Services does not create any physician-patient relationship, nor should it be considered to take the place of getting advice from your doctor on diagnosis or treatment. Nothing contained on or provided through the Online Services is intended or can be considered to constitute the practice or furnishing of medical, nursing, or professional health care advice, diagnosis, consultation, or treatment, or approval of any specific product, service, or treatment.

Although My Chula Vista Doctors works to keep its Online Services up-to-date, medical information changes rapidly and, therefore, some information may be incomplete or out-of-date. Always speak with your doctor or other qualified caregiver with any questions you may have about a medical problem. Never ignore your doctor’s advice or wait to get medical help because of something contained on or provided through the Online Services. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR DIAL 911 RIGHT AWAY.

No Representations or Warranties

THE ONLINE SERVICES AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE ONLINE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. MY CHULA VISTA DOCTORS MAKES NO WARRANTY OR GUARANTEE THAT THE ONLINE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. MY CHULA VISTA DOCTORS ALSO MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE ONLINE SERVICES OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE, OR OTHER MATERIAL PROVIDED ON OR THROUGH THE ONLINE SERVICES. MY CHULA VISTA DOCTORS DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE, OR OTHER MATERIAL PROVIDED THROUGH THE ONLINE SERVICES OR ON THE INTERNET GENERALLY. MY CHULA VISTA DOCTORS IS NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BASED ON RELIANCE UPON THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THE ONLINE SERVICES.

MY CHULA VISTA DOCTORS WILL REGARD ALL ACCESS AS VOLUNTARY AND AT YOUR SOLE RISK.

Numerous factors outside of the control of My Chula Vista Doctors may interfere with your ability to access Online Services. When the Online Services are unavailable, you should use other communication methods to contact My Chula Vista Doctors. My Chula Vista Doctors cannot and does not warrant or guarantee against errors, omissions, delays, interruptions, or losses, including loss of data. You are responsible for maintaining a means external to the Online Services for the reconstruction of any lost data. My Chula Vista Doctors takes no responsibility for, and disclaims any and all liability arising from, any inaccuracies or defects in software, communication lines, virtual private network, the Internet or your Internet Service Provider (ISP), access systems, computer hardware or software, or any other service or device that you use to access the Online Services. My Chula Vista Doctors cannot and does not warrant or guarantee that content posted on the Online Services will not be viewed by unauthorized third parties and cannot control the actions of others (i.e. users, friends, fans, participants) who may either view or share information that you have posted. My Chula Vista Doctors does not warrant or guarantee that files available for downloading through the Online Services will be free of infections or viruses, worms, Trojan horses, or other code that contains contaminating or destructive properties.

Privacy

My Chula Vista Doctors respects the privacy of users of the Online Services. Use of the Online Services is subject to My Chula Vista Doctors’ User Privacy Policy , which explains users’ rights and responsibilities with respect to information that is collected, used, and disclosed on the Online Services. Please also review the Notice of Privacy Practices, which explains how My Chula Vista Doctors processes your personal health information and how your personal health information may be used or disclosed. All communications containing confidential medical information that are transmitted and received through the Online Services are subject to the protections of applicable state and federal law.

Your Obligations

You agree that in your use of the Online Services you will not:

  • upload or transmit any communications or content of any type that infringes or violates any rights of any party;
  • use the Online Services for any purpose in violation of local, state, national, or international laws;
  • transmit or provide any data or distribute advertising or other materials from the Online Services to any third party;
  • post material that is unlawful, obscene, defamatory, offensive, aggressive, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by My Chula Vista Doctors in its sole discretion;
  • attempt to disable, “hack,” or otherwise interfere with the proper functioning of the Online Services;
  • impersonate another person;
  • allow any other person or entity to use your identification for posting or viewing the Online Services;
  • post the same note more than once, also known as “spamming”;
  • change or delete any proprietary notices from materials downloaded or printed out from the Online Services; or
  • hold My Chula Vista Doctors or any of its affiliates, subsidiaries, or parent company liable for damages including, but not limited to, loss of wages, revenue, or business because of any information, products, services, merchandise, or other material related to or provided through the Online Services.

You agree that in your use of the Online Services you will:

  • Give My Chula Vista Doctors a non-exclusive, royalty-free, perpetual, and worldwide license to use any content you post on the Online Services, including, but not limited to, the right to copy, distribute, transmit, display, reproduce, edit, translate, and reformat and incorporate into a collective work; and
  • Comply with all user responsibilities and obligations as stated in these terms and conditions.

Reservation of Rights

My Chula Vista Doctors reserves the right, but is not obligated, to:

  • remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these terms and conditions;
  • block access; refuse services; or review, edit, or delete any communications posted on the Online Services, in My Chula Vista Doctors’ sole discretion, regardless of whether such communications violate these standards; and
  • modify or discontinue, at any time and from time to time, temporarily or permanently, the Online Services, or any part thereof, with or without notice.

Third-Party Websites

The Online Services may contain links to other websites and other websites may provide links to the Online Services. These links are provided for your convenience only. My Chula Vista Doctors does not control these other websites, makes no warranties or representations about these other websites, and assumes no liability or responsibility for them, including any content or services provided to you by such websites. While some links may indicate special relationships between these other websites and My Chula Vista Doctors, you should not consider any link to or from another website as an endorsement or approval of that website, or its owners or developers, by My Chula Vista Doctors unless My Chula Vista Doctors expressly states so.

If you link to the Online Services, your link, when activated by a user, may not trigger any interstitial, pop-up, or pop-under windows. You may not frame the Online Services or modify or alter the content or manner of display of the Online Services. You may not link to or from any website or webpage containing material that:

  • infringes or otherwise violates any copyright, trademark, patent, trade secret, or other intellectual property right;
  • is libelous, defamatory, or invasive of any right of publicity or privacy or other personal right;
  • is misleading or inaccurate or constitutes false or deceptive advertising;
  • is sexually explicit, indecent, harassing, or otherwise objectionable in the sole discretion of My Chula Vista Doctors;
  • violates any applicable law, rule, or regulation; or
  • disparages or reflects negatively upon My Chula Vista Doctors.

Social Media

Your use of My Chula Vista Doctors’ social media channels and Share Your Story feature are subject to the terms of My Chula Vista Doctors’ Social Media Use policy.

Applicable Laws

You agree that this agreement is entered into between you and My Chula Vista Doctors in the State of California, United States of America and is performed within the State of California. You agree that this agreement is governed by and will be construed in all respects under the laws of the State of California, exclusive of its choice of law or conflict of laws provisions. In any claim or action by you directly or indirectly arising under these terms and conditions or related to the Online Services, you irrevocably agree to submit to the exclusive personal jurisdiction of the state or federal courts located in or serving Los Angeles County, California. You waive any jurisdictional, venue, or inconvenient forum objections to such court.

Termination

If you violate these terms and conditions, your permission to use the Online Services terminates immediately, without any further action by My Chula Vista Doctors. My Chula Vista Doctors may, in its sole discretion, terminate your access to the Online Services, or any portion thereof, or discontinue providing the Online Services, or any portion thereof, at any time, without providing notice to you, with or without cause. These actions are in addition to and not in lieu or limitation of any other right or remedy My Chula Vista Doctors may have available at law or in equity. Further, My Chula Vista Doctors will not be liable to you or any third party for any such termination or discontinuance.

License and Website Restrictions

You may download and print these terms and conditions for your reference. You may also download and print a single copy of materials from the Online Services ONLY for your own personal, noncommercial use, provided you include all applicable notices and disclaimers. Except as expressly stated in the Online Services, any other use of the materials is strictly prohibited without the prior written permission of My Chula Vista Doctors and the permission of any other applicable rights holder(s). You may not, in whole or in part, use, reproduce, or copy the Online Services or modify any content or any proprietary notices from materials downloaded or printed out from the Online Services. All text, graphics, logos, and code used on the Online Services are the property of My Chula Vista Doctors or its licensors and are protected by United States and international copyright and other laws. Any rights not expressly granted herein are hereby reserved.

Limitation of Liability; Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MY CHULA VISTA DOCTORS, AS WELL AS ITS trustees, officers, directors, employees, agents, and affiliates, WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OR INJURY INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE DAMAGES, PERSONAL INJURY, MENTAL ANGUISH, EMOTIONAL DISTRESS, OR WRONGFUL DEATH THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE ONLINE SERVICES OR THE MATERIALS PROVIDED ON THE ONLINE SERVICES, OR THE SERVICES RECEIVED THROUGH THE ONLINE SERVICES. YOU AGREE THAT MY CHULA VISTA DOCTORS WILL NOT BE LIABLE FOR ANY DAMAGES UNDER ANY INDEMNITY OR ANY THEORY INCLUDING, WITHOUT LIMITATION, LIABILITY ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, PATENT, OR COPYRIGHT INFRINGEMENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ONLINE SERVICES, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ONLINE SERVICES.

In consideration for My Chula Vista Doctors permitting you to use the Online Services, you expressly release and hold harmless My Chula Vista Doctors and its trustees, officers, directors, employees, agents, and affiliates from any and all claims, liabilities, demands, causes of action, costs, expenses, and damages of every kind and nature, in law or equity, or otherwise, arising out of or in any way related to your use of the Online Services, whether arising from negligence or any other acts or omissions by My Chula Vista Doctors.

You will also indemnify and hold harmless My Chula Vista Doctors and its trustees, officers, directors, employees, agents, and affiliates against all actual and direct losses, liabilities, claims, costs, or expenses (including reasonable attorneys’ fees) they may suffer as the result of third-party claims, demands, actions, investigations, settlements, or judgments against them arising from or in connection with any breach of these terms and conditions, or from any breaches of confidentiality or negligence or wrongful acts or omissions, by you or your dependents or agents. This provision of these terms and conditions entitled “Limitation of Liability; Indemnification” will survive termination of this agreement.

General

My Chula Vista Doctors’ failure to enforce strict performance of any provision of these terms and conditions will not be construed as a waiver of any provision or right. If any part of these terms and conditions is determined to be invalid or unenforceable then the invalid or unenforceable provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these terms and conditions will continue in effect. My Chula Vista Doctors may assign its rights and duties to any party at any time without notice to you. However, you may not transfer or assign your permission to use the Online Services to any other party without the prior written consent of My Chula Vista Doctors and any attempted assignment not in compliance with this section will be void. My Chula Vista Doctors’ performance of these terms and conditions is subject to existing laws and legal process, and nothing contained in these terms and conditions is in derogation of My Chula Vista Doctors’ obligation to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Online Services or information provided to or gathered by My Chula Vista Doctors with respect to such use. No modification or attempted modification of these terms and conditions by you will be binding on My Chula Vista Doctors unless made in writing and physically signed by an authorized representative of My Chula Vista Doctors. Use of the Online Services is unauthorized in any jurisdiction that does not give effect to these terms and conditions.

Contact Information

If you have any questions about these terms and conditions or My Chula Vista Doctors’ practices with respect to the Online Services, do one of the following:

Send an email to: kathy@drpolaksoffice.com

Write to the following address:

Webmaster

My Chula Vista Doctors
ATTN: Webmaster

480 Fourth Avenue #202
Chula Vista, CA 91910

480 FOURTH AVENUE, #202, 412
CHULA VISTA, CA 91910

CALL US (619) 427-3361

My Chula Vista Doctors 2018. All rights reserved.