Terms of Use


The Terms of Use set forth in this document apply to the California Protons Cancer Therapy Center (California Protons) Website (the “Site”) and our social media platforms, including our Facebook, LinkedIn, and YouTube pages, as well as any other California Protons-sanctioned online media we control. The Site and our social media platforms constitute an online information and communications service and internet site (the “Website”). Please read this Terms of Use carefully. By accessing or using the Website, you agree to this Terms of Use.

  1. Copyrights and Trademarks. All material included in the Website, including associated files, are copyrighted by California Protons or by the original creator of that material. All such material is protected by U.S. and/or international copyright laws. All trademarks, service marks, and logos (“Trademarks”) included in the Website are the property of their respective owners. This Terms of Use does not grant you the right to use any Trademarks used in our Website. Nothing included in the Website should be construed as granting any license to use any Trademarks without the written permission of its owner. You may not utilize any framing or use meta-tags or any other hidden text utilizing any Trademarks included in the Website. You may not remove, obscure, or alter any legal notices displayed in or along with the Website.
  2. License. California Protons grants you a limited, personal, revocable, non-transferable, and non-exclusive license to access and use the Website. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Website as provided by California Protons, in the manner permitted by this Terms of Use. Any other use of the Website is strictly prohibited without the express written consent of California Protons and the applicable rights holders. For example, you may not copy, modify, reproduce, redistribute, republish, display, post, transmit or otherwise exploit for commercial purposes any portion of the Website without the express written consent of California Protons and the applicable rights holders. California Protons in no way represents or warrants that your use of any material included in the Website does not infringe the rights of third parties.
  3. Hyperlinks. You may not use, link to, or frame any content included in the Website in a manner likely to cause confusion as to the source, origin, affiliation, connection, association, sponsorship of such content. Please note that content included in the Website may be linked to other third-party Websites which may have different terms of use. Please refer to those sites for the appropriate information. California Protons has not reviewed these linked sites and is not responsible for their content or accuracy.
  4. Specific Disclaimer Concerning Medical Information. The information included in the Website is for informational and educational purposes only. None of the Website or anything related to it is intended as medical advice nor should be used for advice, diagnosis or treatment apart from consultation with a qualified healthcare professional. The Website is not intended to create any physician-patient or clinical relationship. If you have questions or concerns about your health, please contact your physician or other qualified healthcare professional. Do not disregard, fail to seek, or delay in seeking professional medical advice because of the Website or information included in the Website. THE WEBSITE AND ANY INFORMATION INCLUDED IN THE WEBSITE IS NOT INTENDED TO CONSTITUTE THE PRACTICE OF OR FURNISHING OF MEDICAL, NURSING, OR PROFESSIONAL HEALTHCARE ADVICE, DIAGNOSIS, CONSULTATION OR TREATMENT IN ANY JURISDICTION.
  5. Limitation of Liability and Exclusion of Warranty. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOUR USE OF THE WEBSITE IS EXCLUSIVELY AT YOUR OWN RISK. CALIFORNIA PROTONS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE USE OF THE WEBSITE OR THE MATERIALS INCLUDED IN THE WEBSITE, AND DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY OR QUALITY, AND ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CALIFORNIA PROTONS MAKES NO REPRESENTATION, GUARANTEE OR WARRANTY CONCERNING THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE INFORMATION, CONTENT, TEXT, GRAPHICS, HYPERLINKS, AND COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE WEBSITE. CALIFORNIA PROTONS ALSO EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY FROM YOUR ACCESSING OR USING ANY PORTION OF THE WEBSITE.

    TO THE EXTENT PERMITTED BY LAW, CALIFORNIA PROTONS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, OR CONTENT OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO, LOSS OF DATA, INABILITY TO ACCESS OR USE THE WEBSITE AND LOST PROFITS OR BENEFITS, EVEN IF CALIFORNIA PROTONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  6. Indemnification. You agree to indemnify California Protons and any of our related companies, and any of our successors, assigns or licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising from or related to use of the Website, or any breach or violation of this Terms of Use.
  7. Communications by You. Any communication or material you transmit in your use of the Website, including data, questions, comments, suggestions, or the like, is, and shall be treated as, non-confidential and nonproprietary and shall not create a clinical relationship between us or cause California Protons to create or retain any medical information of you. Anything you transmit or post becomes the property of California Protons and may be used for any purpose. You agree that you will not send or transmit to California Protons any communication or content that infringes or violates any rights of any third party. California Protons does not respond to any questions concerning specific medical conditions. You should be aware of the general security risks of transmitting information over a public network, and we cannot assure you that the information will be kept private.
  8. Privacy. California Protons’ Privacy Policy explains how we treat your personal data when you use our Website. By using our Website, you agree that California Protons can use such data in accordance with our Privacy Policy.
  9. Applicable Law and Jurisdiction. By accessing or using the Website, you agree that this Terms of Use and our Privacy Policy for all purposes shall be governed and construed in accordance with the laws of the State of New York, without regards to principles of conflict of laws, and that any action based on or alleging a breach of these provisions must be brought in a state or federal court located in the State of New York. In addition, you agree to submit to and waive any right to challenge personal jurisdiction and venue of such courts.
  10. Changes. California Protons reserves the right to change, modify and supplement the information in the Website at any time. California Protons reserves the right to make changes to our Terms of Use and Privacy Policy at any time, without notice. Any changes to this Terms of Use are effective immediately upon posting on the Site. We encourage you to review this Terms of Use so that you are aware of any changes. You agree that your continued access and use of the Website shall constitute your acceptance of such changes.
  11. General. If any provision of this Terms of Use is found to be invalid by any court having jurisdiction, then the invalidity of such provision shall not affect the validity of the remaining provisions of this Terms of Use, which shall remain in full force and effect. No failure or delay by California Protons in exercising any right or remedy under this Terms of Use operates as a waiver of such right or remedy. This Terms of Use constitutes the entire agreement between you and California Protons with respect to use of the Website.