Precision Occupational Medical Group, Inc. (referred to herein as “POMG”, “we” or “us”) provides this website as a service (the “Service”) that will allow you to view information about our practice. We make the Service available to you in exchange for your agreement with all the terms and conditions stated in these Terms of Use (the “Terms”).

Please carefully read each of these Terms, as they constitute a binding contract between us. By accessing, using or subscribing to any or all of the Services, you are accepting all of these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SERVICE AND PROMPTLY EXIT THE WEBSITE.

We reserve the right to modify these Terms at any time without giving you prior notice. Your use of the website following any such modification constitutes your agreement to follow and be bound by these Terms as they are modified.

Use of Our Site.

This website is for use for non-commercial, personal purposes in order to learn about POMG and its services. You may use this website, the information, writings, images and any other works (the “Content”) that you see, hear or otherwise experience on the website solely for this non-commercial, personal purpose. No right, title or interest in any of the Content is transferred to you, whether as a result of downloading such Content or otherwise. We reserve complete title and full intellectual property rights in all Content. The information provided in this website cannot be copied, distributed, transmitted, altered, or taken from another work from this website, except as is permitted by these Terms.

THE WEBSITE SERVICE IS NOT A SUBSTITUTE FOR MEDICAL ADVICE
THE WEBSITE SERVICE PROVIDES HEALTH-RELATED INFORMATION AND RESOURCES, AND NOT MEDICAL ADVICE. THE WEBSITE SERVICE IS NOT A SUBSTITUTE FOR THE MEDICAL ADVICE, DIAGNOSIS AND TREATMENT YOU RECEIVE FROM YOUR HEALTH CARE PROVIDER. ALWAYS SEEK THE ADVICE OF YOUR HEALTH CARE PROVIDER REGARDING ANY MEDICAL CONDITION. NEVER DISREGARD THE ADVICE OF YOUR HEALTH CARE PROVIDER OR DELAY SEEKING ADVICE BECAUSE OF SOMETHING YOU READ ON OUR WEBSITE.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.

Site Content

None of the Content should be considered medical advice or an endorsement, representation, or warranty that any particular medication or treatment is safe, appropriate, or effective for you. Although we attempt to ensure the accuracy and integrity of the Content on our website, we make no representations, warranties, or guarantees as to the accuracy of the Content, and as such it is possible that the Content could include typographical or other errors, or inaccuracies, and that unauthorized additions, deletions, and/or alterations could be made to the Content by third parties. In the event that any inaccuracy arises, please inform us so it can be corrected. Information on the website may be changed or updated without specific notice to you. Additionally, we shall have no responsibility or liability for information posted to the website from any non-affiliated party.

Links

For informational purposes only, our website may include links to external, third-party websites. Because we have no control over such external websites, we are not responsible for the availability of such external websites, and we do not endorse and are not responsible for any content, advertising, products, services or other materials or information available from such external websites (referred to as “External Content”). In addition, we are not responsible for your use of, or reliance upon, any External Content. Should you choose to use the links provided by our website, you will leave the website and be subject to any privacy policies and terms of use which govern the third-party website.

We are not liable for any information, software, or links found at any other website, internet location, or source of information, nor for the acts or omissions of any such websites or their respective operators.

No “deep links” (links bypassing any page or parts of the website) connecting an outside, unauthorized link to our website is allowed. Any links must be specifically authorized by us in writing. No mirrors or frames of the home page or any other part or service of our website is allowed on any other web site or web page without our express written content.

Endorsement of Products or Third-Party Services

Our inclusion of specific products or services on the website does not constitute or imply our recommendation or endorsement of such products or services unless specifically stated otherwise.

NO PROMISE OR GUARANTEED MEDICAL OUTCOMES

We can make no guarantee or promise regarding a specific outcome, even after you have been medically examined by one of our providers, but we will do our best with our well-trained health care providers to help you. The mention of specific services by the website does not mean we recommend or endorse such products or services unless we expressly state that we do.

Ownership

Our website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use our website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website except as generally and ordinarily permitted through the website according to these Terms. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

Trademarks

Certain of the names, logos, and other materials displayed on our website may constitute trademarks, trade names, service marks or logos (“Marks“) of POMG or other related entities. You are not authorized to use any such Marks without the express written permission of POMG. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

Downloading

We do not warrant that the website Service, Content, products (including software) or services included on or otherwise made available to you through the website Service (including hyperlinked websites), their servers or electronic communications sent from us are free of viruses, worms, trojan horses or any other harmful components. You are responsible for backing up your data on your computer hard drives so that you can reconstruct any lost data.

Disclaimer of Warranties

THE WEBSITE, ITS CONTENT, AND SITE-RELATED SERVICES ARE PROVIDED “AS IS,” AND WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED, SECURE, TIMELY, ERROR-FREE, AND WITHOUT FAULT. WE DO NOT GUARANTEE THAT ANY DEFECTS WILL BE CORRECTED, NOR DO WE GUARANTEE THE COMPLETENESS OF THE CONTENT. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER, INCLUDING, BUT NOT LIMITED TO: THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGMENT, WITH REGARD TO THE WEBSITE, THE SERVICE, THE CONTENT, AND ANY OTHER PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED BY THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US NOR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY NOR IN ANY WAY INCREASE THE SCOPE OF ITS WARRANTY.

Limitation of Liability

UNDER NO CIRCUMSTANCES WHATSOEVER SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERS, SPONSORS, MEMBERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, SUCCESSORS OR ASSIGNS OR ANY OTHER RELATED PERSONS OR ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE SERVICES, ITS RELATED SERVICES AND PRODUCTS, CONTENT CONTAINED WITHIN THE WEBSITE SERVICES AND/OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE SERVICES, ITS RELATED SERVICES AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE WEBSITE SERVICES AND/OR THOSE SERVICES.
CERTAIN STATE LAWS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to indemnify, defend, and hold harmless POMG, its shareholders, officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities, and settlements, including without limitation reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, your violation of these Terms.

Security Measures

Protecting information provided by you is an important priority for us. In addition to applying strict confidentiality policies that govern access to and use of such information by our health care providers, we have implemented security features and methods to protect your data in our information systems, including using session encryption and network firewalls, and monitoring for unauthorized access. But it’s important that you also take appropriate measures to secure your own computer or other device when on the Internet.

Our Rights to Use of Content You Submit to the Website

Some of the website Services may allow you to submit content such as by posting messages, creating or modifying a home page, chatting, uploading files, inputting data, transmitting e-mail or engaging in any other form of communication (“User Content.”)
You retain ownership of any intellectual property rights that you hold in User Content. When you submit User Content to the website Service, you give us (and third parties we work with to provide the website Service) an unrestricted, worldwide license to use the User Content in connection with operating, promoting and improving the website Service, translate, adapt, communicate, publish, publicly perform, publicly display, transmit and distribute User Content, in all media now known or developed in the future. This license continues even if you stop using the website Service, except where we you request in writing to us that we remove your posted User Content and we have a ready means of identifying such User Content and can remove it in the ordinary course of providing the website Service. By submitting the User Content to the website Service, you are representing and warranting that you have the necessary rights to grant us the above license for such User Content.

No compensation will be paid with respect to the use of User Content. We have no obligation to post or use any User Content you may provide and may remove any User Content at any time in our sole discretion. In addition, if you submit feedback or suggestions about the Website Services, we may use your feedback or suggestions without obligation or compensation to you.

PLEASE REVIEW THE PATIENT PRIVACY NOTICE AND THE WEBSITE PRIVACY POLICY FOR ADDITIONAL PROTECTIONS APPLICABLE TO USER CONTENT.

ONLY ADULTS MAY ACCESS AND USE THE WEBSITE SERVICE

It is our policy that only adults (18 years of age and older) and adult representatives of minors may access and use this Service.

Binding Arbitration

Any dispute or claim relating in any way to your access to and use of the website Service will be resolved by binding arbitration, rather than trial by jury, except that you may make claims in small claims court if your claims qualify and we may bring suit in court to enjoin infringement or other misuse of our intellectual property rights or to protect the privacy rights of another individual. You agree to the personal and subject matter jurisdiction and venue of the courts located in Orange County, California, for any action related to these Terms.

Waiver Of Right To Trial

You are agreeing to waive your right to trial by jury, and we are agreeing to waive our right to trial by jury (except to the extent expressly stated in the “Binding Arbitration” provision above).

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.

How To Initiate Arbitration Proceedings

Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, email address and phone, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to us at the address as posted on our website. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our address as posted on our website. The arbitration will be conducted by the American Arbitration Association (referred to as “AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $250.00 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You or we may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Orange County, California.

You Are Waiving Your Right to Bring A Claim As Part Of A Class Action

YOU AGREE WITH US THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS ACTION, CONSOLIDATED ACTION OR REPRESENTATIVE ACTION.

IF, FOR ANY REASON, ANY CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AGREE WITH US TO ONLY BRING YOUR CLAIM ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS ACTION, CONSOLIDATED ACTION OR REPRESENTATIVE ACTION.

BY AGREEING TO THE ABOVE, YOU ARE AGREEING TO WAIVE ANY RIGHTS THAT YOU MAY HAVE TO BRING CLAIMS IN A CLASS ACTION, CONSOLIDATED ACTION OR REPRESENTATIVE ACTION.

Choice of Law

The laws of the State of California, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.

The Digital Millennium Copyright Act (“DMCA”)

The DMCA provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on our platform infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. In accordance with the DMCA, we have designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written notification of alleged copyright infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to us at the address stated below.

Miscellaneous Provisions

Waiver. No waiver by us of any term or condition set forth in these Terms is valid unless in writing signed by the President of POMG. No waiver by us of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of POMG to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Severability. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Force Majeure. We will not be deemed to be in breach of these Terms or liable for any breach of these Terms, due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, pandemics, earthquakes or floods, civil disorder, strikes, fire, or other disasters.

Questions. Any questions or complaints can be made in writing by e-mail to: info@pomg.net. If you choose to send correspondence regarding questions or complaints by the United States Postal Service, please mail your correspondence to:

Precision Occupational Medical Group
1805 E. Dyer Road, #110
Santa Ana, CA 92705

Updating These Terms

We may, at our sole discretion, change, add, or delete portions of these Terms at any time on a going-forward basis. Continued use of the Service following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms, inclusive of such changes.

The current version of these Terms constitute the entire, exclusive, and final agreement between you and us with respect to the subject matter hereof, and governs your access and use of our website and Service, superseding any and all prior or contemporaneous arrangements between you and us with respect to the subject matter hereof, whether written or oral.

We recommend that you read these Terms each time you use our website. If you object to any changes made to these Terms, your sole recourse will be to cease using the website. Your continued access to and usage of the website signifies your acknowledgement and acceptance of these Terms as they may be modified from time-to-time, and your agreement to be bound by them.

Revised: March 2, 2022