Terms of Service

 

Thank you for visiting our Management System for Public Health Emergency Personnel (MSPHEP) website. This website is operated by the Los Angeles County Department of Public Health (hereafter referred to as Public Health). We ask that you carefully review the body of these Terms of Service and all documents linked from the body of these Terms of Service before using our website. These Terms of Service establish a binding license agreement that governs your use of this website. You agree to be bound by all portions of these Terms of Service applicable to any manner in which you use this website. Use of this website is conditioned on agreement to these Terms of Service.

Please review our Privacy Policy which also governs your use of our website.

Unless otherwise noted, all contents of this website, including, without limitation, all text, programs, products, processes, technology, information, content and other materials, together with all copyrights, trademarks, trade dress and/or other intellectual property therein (collectively, “Contents”), and the compilation (meaning the collection, arrangement, and assembly) are owned by us, or by third parties who have licensed such Contents to us. Such Contents are protected by U.S. and international copyright laws. We, on behalf of ourselves and our licensors, expressly reserve all rights, including, without limitation, intellectual property rights, in this website and all Contents and compilation of Contents from time to time available on this website. Access to this website does not confer, and shall not be considered as conferring, upon you or any other user of the website any license or other rights to the website, the Contents or the compilation of Contents.

We provide this website to you on an “as is” basis without any warranties of any kind, whether express or implied. To the extent permissible under applicable law, we hereby disclaim all warranties, express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, title and non-infringement. Without limiting the foregoing, we do not make any representations or warranties that (a) the information or other materials available on our website will be error-free, (b) defects in our website will be corrected, (c) our website or its servers are free of viruses or other harmful components and/or (d) our website will be secure, accessible continuously and without interruption. Further, we do not make any representations or warranties regarding the use, accuracy, reliability, and/or completeness of the information or other materials available on our website.

We may provide links from our website to other sites as a convenience to our visitors. We have no control over the content posted at those linked sites, all of which have separate terms of service and privacy policies. We make no representations about the use, accuracy, reliability, and/or completeness of any information or other material available thereon. Links to the third-party sites are not intended to and do not imply affiliation with or sponsorship or endorsement of these sites or of the third parties operating such sites. Once you link to another site, you are subject to the terms of service and privacy policy of that site and use that site at your own risk.

We have not reviewed all the third-party sites linked to or framing this website and are not responsible for the contents of any pages contained on such third-party sites. By entering this website you acknowledge and agree that DPH has not reviewed all the third party sites linked to or framing this website and is not responsible for the content of any pages of such third party sites. We do not make any representations or warranties as to the security of any information (including, without limitation, any personal information) you may have or might be requested to give to any third party, and you hereby irrevocably waive any claim against us with respect to such third party sites and their content. Your linking to any sites or to any other pages connected to such sites is at your own risk.

We do not accept any liability for any conduct, acts or omissions occurring at this website. Under no circumstances will we be liable to you for any consequential, incidental or special damages, including any lost profits or loss of data, even if you claim to have notified us about such damages, or for any claims by any third parties.

You agree to indemnify, defend, and hold us harmless, at your own expense, from and against any liability, fees (including attorney's fees) and/or costs arising out of or relating to your breach or violation of the Terms of Service.

You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Terms of Service or the ownership, operation or maintenance of this website shall be resolved exclusively in the appropriate state or, where subject matter jurisdiction is appropriate, federal court in Los Angeles County, California. All such disputes shall be governed by and construed in accordance with the laws of the State of California.

You agree that we may modify these Terms of Service at our sole discretion, without notice to you, and that your right to access this website is conditioned upon your compliance with the most current version of these Terms of Service. You further agree that we may modify all or any portion of this website and/or any service available on this website without notice or cause at any time.

 

MSPHEP Registration - By registering on MSPHEP, I agree to be considered for service as emergency personnel during a duly declared emergency or disaster. As part of the registration process, I agree to voluntarily provide personal information that will be collected, used and maintained by DPH in implementing the MSPHEP system.

 

Consent to Use and Disclosure of Personal Information - I understand that the information I provide will be used by DPH to determine the status of my credential(s), including confirming that my license is current, valid, and free of any restrictions. By registering and agreeing to these Terms of Service, I agree to have the status of my credential(s) verified by federal or California licensing/credentialing authorities. I also understand that the information I provide will be used by DPH to assign me an emergency credentialing level in accord with applicable emergency credentialing standards. I understand that the assignment of an emergency credentialing level neither designates clinical privileges nor authorizes me to provide health services without proper authorization and supervision. I further understand that, during an emergency or disaster, the information I provide will be used by authorized MSPHEP website administrators and local (county) emergency/disaster managers to assign me to activities for which I am adequately credentialed and by on-site emergency/disaster operational area officials to identify me once I am deployed to the emergency/disaster locale. I understand that if I am a member of a Medical Reserve Corp, the information I provide may be used by the MRC for assignment and deployment purposes. I understand that, if I agree to deploy to a specific emergency/disaster, the information I provide to this website will be forwarded to operational area officials, and that DPH can provide no assurances regarding the security and privacy of that information once forwarded to the emergency/disaster operational area. I also acknowledge that the information I submit may be subject to disclosure pursuant to a request under the California Public Records Act (Government Code sections 6250, et seq.) or legal process, such as a court order or subpoena. Disclosure of highly sensitive personal information will only be done in accordance with the California Information Practices Act (Civil Code 1798.24), and any other relevant state or federal laws. I hereby voluntarily consent to the collection, use, and maintenance of my personal information as described herein.

 

Health Professional Volunteer Selection Process - I understand that the process of being selected for service as a professional health volunteer for a specific emergency/disaster is a process in which the information I enter at this website will be evaluated to match mission requirements. I understand that, if selected, I will be contacted by DPH website administrators and/or local (county) emergency/disaster managers, and I will then be given the choice of whether or not I wish to volunteer my services for that specific emergency/disaster. I understand that if I volunteer for service for a specific emergency/disaster, my personal information will be forwarded to the requesting agency in the emergency/disaster operational area. I understand and agree that registering at this website provides no guarantee or assurance that I will be requested for a specific mission or emergency/disaster deployment. Similarly, I understand and agree that registering at this website in no way obligates me to participate or deploy for a specific emergency/disaster and that I may decline to participate or deploy for whatever reason I choose.

 

Statement of Physical and Mental Competence and Assumption of the Risk - I acknowledge that by registering at this website I am representing that I am of sound physical and mental capacity, and capable of performing in an emergency/disaster setting. I acknowledge that emergency/disaster settings can pose significant psychological and physical hardships and risks to those volunteering their services and that emergency/disaster settings often lack the normal amenities of daily life and accommodations for persons with disabilities. In agreeing to volunteer my services, I agree to accept such conditions and risks voluntarily.

 

Consent to Volunteer Service and Acceptance of Liability - By registering at this website, I agree to participate as a volunteer, without compensation or payment for my services. I agree to hold DPH and the State of California and any of its entities or subdivisions harmless from any claims of civil liability, including but not limited to claims of malpractice or negligence, injury, or death.

 

Agreement to Non-Commercial Use of Site - By registering and using this website, I am accepting the current Terms of Service. I understand that this registration site is a non-commercial venue which will assist in emergency response services. I agree to not copy, sell, or exploit any portion of this website for any commercial purpose.

 

Pledge to Provide Accurate Information - By registering and agreeing to these Terms of Service, I agree that the information I provide and the representations I make at this website will be truthful, complete, accurate, and free of any attempt to mislead. I understand that I may return to this website and modify my personal information at any time, and I agree to keep such information updated and current. I agree to protect the confidentiality of the password I have chosen that provides access to my information on this website, and I agree to abide by all security provisions of this website.

We may terminate all or any portion of these Terms of Service and/or all or any portion of this website without notice or cause at any time. You agree not to use all the applicable portions of this website for any reason if at any time we terminate your access to all or any portion of this website, we terminate all or any portion of these Terms of Service, or you do not agree to all or any portion of these Terms of Service. If at any time you do not agree with any portion of the body of these Terms of Service or the Privacy Policy, you must immediately cease using this website. The provisions of Sections 2 through 9 and 11 through 20 shall survive any termination of the agreement formed by these Terms of Service.

These Terms of Service constitute the entire agreement between you and us relating to your access to and use of this website and supersede any prior or contemporaneous representations or agreements. These Terms of Service shall govern our legal rights and obligations. Any rights not otherwise expressly granted by these Terms of Service are reserved by us. This Agreement may not be modified, either expressly or by implication, except as set forth in Section 10 above.

If any provision of these Terms of Service is deemed invalid or for some reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not in any way affect the validity or enforceability of the remainder of these Terms of Service not deemed invalid or unenforceable.

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