1. Right to Modify this Social Media Policy
Alignment reserves the right to change, add to, or delete portions of this Social Media Policy at any time. Continued use of the Social Media Channels following such changes indicates your acknowledgement of such changes and agreement to be bound by the revised Social Media Policy, inclusive of such changes.
2. Content of the Social Media Channels
Alignment makes no representations or warranties, whether expressed, implied in law, or residual, as to the accuracy, completeness, or reliability of information, opinions, data, or content contained in the Social Media Channels and shall not be bound in any manner by any information contained in the Social Media Channels.
The information presented on the Social Media Channels are not intended to constitute an offer to sell or a solicitation in connection with any service. If you are interested in any of Alignment’s services, please contact us for a complete description of the product and its availability.
The Social Media Channels are not a substitute for professional health care or the advice of a health care professional. If you have a specific health-related question, please see a doctor or other health care professional. YOU MAY NOT USE THE SOCIAL MEDIA CHANNELS TO REPORT A MEDICAL EMERGENCY. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 IMMEDIATELY.
You are prohibited from posting any content that is personal health information, including patient images, on any Social Media Channel. You are also prohibited from using the Social Media Channel to provide medical advice or medical commentary or to use the Social Media Channels to make, recommend or increase referrals to specific physicians or providers.
You agree that you will not: violate any local, state, federal and international laws and regulations, including but not limited to copyright and intellectual property rights laws regarding any content that you send or receive via the Social Media Channels; transmit any material (by uploading, posting, email or otherwise) that is unlawful, disruptive, threatening, profane, abusive, harassing, embarrassing, tortuous, defamatory, obscene, libelous, or is an invasion of another's privacy, is hateful or racially, ethnically or otherwise objectionable as determined in Alignment’s sole discretion; impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; transmit any material (by uploading, posting, emailing or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships; transmit any material (by uploading, posting, emailing or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; transmit (by uploading, posting, emailing or otherwise) any unsolicited or unauthorized advertising (including advertising of non-Alignment services or products), promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation; transmit any material (by uploading, posting, emailing or otherwise) that contains software viruses, worms, disabling code, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; harass another; or collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent; or to share confidential pricing information of any party.
You may not provide any content to the Social Media Channels that contains any product or service endorsements or any content that may be construed as political lobbying, solicitations or contributions, or use the Social Media Channels to link to any sites or political candidates or parties or use the Social Media Channels to discuss political campaigns or issues, or for taking a position on any legislation or law.
You understand and agree that Alignment may disclose your communications and activities with Alignment in response to lawful requests by governmental authorities, judicial orders, warrants or subpoenas, or for the protection of Alignment’s rights. You agree that in the event that Alignment exercises any of its rights hereunder for any reason, Alignment will have no liability to you.
3. Access to the Social Media Channels
Alignment reserves the right to suspend or terminate your access to the Social Media Channels at any time, for any reason or for no reason. Alignment has the right to refuse to provide access to the Social Media Channels to any person or organization, or to prohibit any person or organization from using the Social Media Channels, at any time, for any reason or for no reason. Alignment makes no representation that the Social Media Channels are appropriate or available for use in locations outside the United States or all locations within the United States.
5. User Accounts
Certain Social Media Channels may require you to create an account (“Account”). To do so, you may need to submit your name, email address, password, and other information (collectively, “Account Information”). You must be of legal age and otherwise comply with the policies of the applicable social media platform. You represent that the Account Information you provide will be true, accurate, current, and complete. You may not share your Account credentials with anyone and are responsible for maintaining the confidentiality thereof.
Subject to your compliance with this Social Media Policy and any separate agreements you may have entered into with us, you may access and use the Social Media Channels for your personal, non-commercial use only. The content of the Social Media Channels is the property of Alignment and/or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of such content except as generally and ordinarily permitted according to this Social Media Policy.
By posting any content on any Social Media Cannel, you grant to Alignment the irrevocable right to reproduce, distribute, publish, and display such content, and the right to create derivative works therefrom, and to edit, use or modify such content for any Alignment purpose.
7. Links to Other Social Media Channels
The Social Media Channels are not intended for use or consumption by individuals under the age of 18. If you are under 18 years of age, please do not use or access or post to the Social Media Channels at any time or in any manner.
9. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SOCIAL MEDIA CHANNELS IS AT YOUR SOLE RISK. ALIGNMENT DOES NOT WARRANT THAT ACCESS TO THE SOCIAL MEDIA CHANNELS WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED. THE SOCIAL MEDIA CHANNELS (INCLUDING ANY CONTENT OR INFORMATION CONTAINED THEREIN) IS PROVIDED “AS IS” AND “AS AVAILABLE.” ALIGNMENT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND NON-INFRINGEMENT.
10. LIMITATION OF LIABILITY
ALIGNMENT AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATED TO YOUR USE OF THE SOCIAL MEDIA CHANNELS (INCLUDING ANY CONTENT OR INFORMATION CONTAINED THEREIN), WHETHER BASED ON CONTRACT, TORT, WARRANTY, STATUTE, OR OTHERWISE. YOUR SOLE REMEDY IN THE EVENT OF ANY PROBLEM WITH THE SOCIAL MEDIA CHANNELS IS TO STOP USING THE SOCIAL MEDIA CHANNELS.
You expressly acknowledge that you assume all responsibility related to the security, privacy, and confidentiality risks inherent in sending any content over the internet. By its very nature, a website and the internet cannot be absolutely protected against intentional or malicious intrusion attempts. Alignment does not control the third party sites and the internet over which you may choose to send confidential personal or health information or other content and, therefore, Alignment does not warrant any safeguard against any such interceptions or compromises to your information. When posting any content on an internet site, you should think carefully about your own privacy in disclosing detailed or private information about yourself and your family. Furthermore, Alignment does not endorse any product, service, views or content displayed on the Social Media Channels.
To the extent any aspects of the foregoing limitations of liability are not enforceable as a matter of applicable law, the extent of Alignment’s liability to you with respect to your use of the Social Media Channels will be the minimum permitted under such applicable law.
You agree to defend, indemnify and hold harmless Alignment and its officers, employees, directors, subsidiaries, affiliates, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your use of the Social Media Channels or your violation of this Social Media Policy.
12. Governing Law
This Social Media Policy and your use of the Social Media Channels are governed by the laws of the State of California, U.S.A. without regard to its conflict of laws principles. By using the Social Media Channels, you agree that any legal action or proceeding related to your use of the Social Media Channels shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of California, U.S.A.
If you are a copyright owner or an agent for such an owner and believe in good faith that any content on the Social Media Channels violates your rights, you may submit notice to us in writing under the Digital Millennium Copyright Act (“DMCA”). All such notices must meet all requirements imposed by the DMCA. Such notices should be providing in writing to Alignment Healthcare Attention: Digital Millennium Copyright Act 1100 W Town and Country Rd, Suite 1600 Orange, CA 92868.
14. ACCURACY OF INFORMATION
Although Alignment periodically validates and maintains the Social Media Channels, Alignment makes no guarantee as to their correctness, completeness, or accuracy. The Social Media Channels may contain typographical errors, inaccuracies, or other errors or omissions. Unauthorized additions, deletions, or alterations could be made to the Social Media Channels by third parties without our knowledge. If you believe that information found on the Social Media Channels is inaccurate or unauthorized, please inform us by contacting [email protected].