These Terms of Use (the “Terms of Use” or the “Agreement”) describe the terms on which you may access and use ah.pluskarla.org (the “Application”), which is owned and operated by Adventist Health in partnership with Synchronous Health. By using this Application, you signify that you have read, understand and agree to be bound by this Agreement. Your continued use of this Application following the posting of any changes to the Terms of Use constitutes acceptance of those changes. In the event of any inconsistency between the Adventist Health Privacy Policy (the “Privacy Policy”) and this Agreement, this Agreement shall control.
We may revise the Terms of Use from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms of Use every time you use the Adventist Health Application because they are binding on you. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HERE, PLEASE DO NOT USE THIS Application.
If you are a resident of the United States (including its possessions and territories), by accepting these Terms of Use, you are agreeing to the waiver of jury trial and class actions as set forth below to resolve any disputes with Adventist Health regarding the subject of these Terms of Use.
Adventist Health reserves the right, in its sole discretion, to terminate your access to all or part of this Application, with or without notice. Examples of activity that may lead to a termination of your use of the Application include your breach of any of these Terms of Use.
Material on this Application is provided for general informational purposes only. Inclusion of information on this site does not imply any medical advice, recommendation or warranty. Information provided is not a substitute for the advice of an appropriate health professional. Always seek the advice of your physician or other qualified health provider regarding any medical condition.
If you think you may have a medical emergency, call your doctor or 911 immediately.
While all attempts will be made to keep this site current, information may become outdated over time or superseded by subsequent disclosure. This Application could also include technical or other inaccuracies or typographical errors. Adventist Health assumes no liability for accuracy, completeness or usefulness of the information contained on this Application. Changes may be periodically added to the information and these changes will be incorporated in new editions of this Application.
Subject to your compliance with this Agreement, Adventist Health grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Application and any products, services, information, or other materials available on or through the Application, subject to the limitations described in the remainder of this section and elsewhere in this Agreement.
The rights granted to you in the paragraph above and elsewhere in this Agreement are subject to the following limitations:
You agree to use the Application and any products, services, information or other materials available on or through the Application only for lawful, personal and informational purposes. You agree that you will not use any resource made available on the Application in any manner that is malicious or that violates any applicable local, state, national or international law, or the intellectual property or proprietary rights of any third party; You agree not to copy, reproduce, distribute, display portions of, or link to the Application or any products, services, information or other materials available on or through the Application for commercial purposes without the prior express written consent of Adventist Health; You agree not to post on or transmit onto the Application any information that you know to be untrue, that is unlawful, fraudulent, threatening, malicious, harassing, abusive, libelous, defamatory, obscene, or otherwise objectionable or harmful, or that contains or links to a virus, bug, worm, malware, Trojan horse or other harmful or disruptive element; You agree not to use any automated tool, such as a web scraping tool, a bot or web robot or web automation, to mine the Application or any products, services, information or other materials available on or through the Application for information or to fill out forms on the Application, that you will not circumvent any technical measures implemented to prevent or limit such access, and that you will comply with the restrictions in any robot exclusion header; and You will not circumvent or attempt to circumvent any security or access control technology implemented on the Application, or any servers, network or associated systems or physical premises operated by or for the benefit of Adventist Health. Adventist Health reserves the right to view, monitor and record activity on the Application without notice or permission. We may monitor use to optimize the site, understand what is of interest to visitors, and otherwise to enhance the operation of the site, assure its availability, and prevent misuse of the Application. Any information obtained by monitoring, reviewing or recording activity on the Application is subject to review by us or on our behalf as well as by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Application. Adventist Health will comply with all court orders involving requests for such information.
Adventist Health retains all copyright and other proprietary rights in the contents of this Application (the “Content”). Elements of this Application are protected by copyright, trade dress and other laws, and may not be copied or imitated in whole or in part. Nothing shall be construed as granting you any license under any patent, trademark or copyright of Adventist Health or any third party. Certain portions of this Application contain information supplied by third parties or include links to third-party sites. Adventist Health is not responsible for, and makes no warranty as to the accuracy of, such information or sites.
You are not permitted to use the trademarks displayed on this Application without the prior written consent of Adventist Health or the third party that may own the trademarks.
No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, transmitted or sold in any form or by any means, in whole or in part, without Adventist Health’s prior written permission. You may download or print a copy of any portion of the Content solely for your personal, noncommercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on any Internet, Intranet or Extranet Application or incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited.
This Application may contain links to other Applications. We are not responsible for the content, accuracy or opinions expressed in such Applications, and such Applications are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Application on or through this Application does not imply approval or endorsement of the linked Application by us. If you decide to leave this Application and access these third party Applications, you do so at your own risk.
Adventist Health, its affiliates and any of its, or their, directors, officers, employees, or agents shall not, under any circumstances, be liable for direct, consequential, incidental, indirect or special damages of any kind, or any other damages whatsoever, including those resulting from loss of use, data or profits, and whether resulting from the use or inability of use of any contents of this Application (or a Application linked to this Application), or any other cause and even if caused by negligence or if we have been apprised of the likelihood of such damages occurring.
The above limitation, or exclusion, may not apply to you to the extent that applicable law prohibits the limitation or exclusion of liability for incidental or consequential damages. Adventist Health’s total liability to you here under shall not, in any event, exceed your online charges for accessing this Application.
YOU UNDERSTAND AND AGREE THAT THIS Application IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT ADVENTIST HEALTH DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT AND PROPER DELIVERY OR RETENTION OF ANY PERSONAL INFORMATION. ADVENTIST HEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ADVENTIST HEALTH MAKES NO WARRANTY THAT (1) THE Application WILL MEET YOUR REQUIREMENTS; (2) THE Application WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE Application WILL MEET YOUR EXPECTATIONS; AND (4) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Application IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ADVENTIST HEALTH OR THROUGH OR FROM THE Application SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
BY ENTERING INTO THESE TERMS OF USE, YOU AND ADVENTIST HEALTH ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND ADVENTIST HEALTH BOTH AGREE TO RESOLVE ANY DISPUTES REGARDING THE SUBJECT OF THESE TERMS OF USE IN ARBITRATION AND THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THESE TERMS OF USE IS DEEMED INAPPLICABLE OR INVALID, OR TO THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND ADVENTIST HEALTH BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
By accepting these Terms of Use, you agree to indemnify and otherwise hold harmless Adventist Health and its officers, employees, agents, subsidiaries, affiliates, licensors, suppliers and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from your use of this Application.
Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that Adventist Health may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or protect the rights, property, or safety of Adventist Health and the public.
This Application (excluding linked sites) is controlled by Adventist Health from its offices in the State of California in the United States. By accessing this Application, you and Adventist Health agree that all matters relating to your access to, or use of, this Application shall be governed by the statutes and laws of the State of California, without regard to its conflicts of laws principles. If for any reason a claim proceeds in court rather than in arbitration, you and Adventist Health also agree and submit to the exclusive personal jurisdiction and venue of the courts of the State of California with respect to such matters. Adventist Health makes no representation that materials on this Application are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
Adventist Health may deliver notice to you under these Terms of Use by means of e-mail, a general notice posted on this Application, or by written communication delivered by first class U.S. mail to the address that you have provided to Adventist Health. You may give notice to, or submit comments or questions to, Adventist Health at any time online or by letter delivered by first-class postage prepaid U.S. mail or overnight courier to the following address:
Adventist Health Attn: Marketing & Communication Department 2100 Douglas Blvd. Roseville, CA 95661
The provisions of these Terms of Use entitled “Limitation of Liability,” “Disclaimer of Warranties,” “Indemnification,” “Jurisdiction” and “General Provisions” will survive the termination of this Agreement.
Except as provided in a particular “Legal Notice” on this Application, these Terms of Use, along with the Privacy Policy, constitute the entire agreement and understanding between you and Adventist Health with respect to use of this Application, superseding all prior or contemporaneous communications with Adventist Health. These Terms of Use are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of the Application to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles of this Agreement are displayed for convenience only and have no legal effect. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
The official language used for the content of the Adventist Health plus Karla® Application is English. Using Google Translate, you can obtain a free, automated translation of our web pages.
Because Google Translate is a third-party service provided by Google through its Website, Adventist Health does not control or guarantee the quality or accuracy of the translated content. Automated translations rely on data and technology, and are only an approximation of the original content from our Application. The automated translation you obtain from Google Translate may contain errors, including incorrect or inappropriate language. In addition, some applications, files, or items cannot be translated, including graphs, photos, and PDF files.
If you use Google Translate to obtain an automated translation, you do so at your own risk. Adventist Health disclaims all liability for any loss, damage, or other problem arising from or in connection with any use of the Google Translate service provided by Google. By using Google Translate, you understand and agree to this disclaimer.
If there are any questions regarding the accuracy of the information presented within an automated translation obtained from Google Translate, please refer back to our official English-language Application.