Terms of Use
Last Updated: May 21, 2024
Content
1. Acceptance of Terms
2. No Medical Advice
3. Ownership
4. Limited License
5. Privacy
6. Acceptable Use
7. Other Online Properties
8. Social Media
9. Reservation of Rights and Termination of Use
10. NO REPRESENTATIONS OR WARRANTIES
11. Limitation of Liability; Indemnification
12. DISPUTE RESOLUTION; INFORMAL RESOLUTION; CLASS WAIVER; BINDING ARBITRATION; COORDINATION OF CLAIMS; TERMINATION OF RIGHTS
13. Applicable Laws
14. No Waiver
15. Severability
16. Assignment
17. Modification
18. Survival
19. Contact Information
These Terms of Use (“Terms”) applies between you and Children’s Hospital Los Angeles and its affiliates (“we,” “our,” or “us”) with respect to all of Children’s Hospital Los Angeles’ websites, social media channels, other online-based services and chla.org (together, the “Online Services”).
PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THE ONLINE SERVICES, AS THESE TERMS AFFECT YOUR LEGAL RIGHTS AND GOVERN HOW CLAIMS THAT YOU AND WE MAY HAVE AGAINST EACH OTHER ARE RESOLVED. These Terms contain a class action waiver provision that requires the parties to resolve all disputes on an individual basis and limits the remedies available to you in the event of certain disputes relating to the operation or use of the services (Section 12). Further, as outlined in Section 12 of these Terms, unless you opt out of arbitration within 30 days of the date you agree to these Terms, you agree that any dispute that cannot be informally resolved between us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
1. Acceptance of Terms
Your access and use of the Online Services constitute your acceptance of these Terms as they appear at the time of your use. If you do not agree to these Terms, you may not use the Online Services. Children's Hospital Los Angeles may modify these Terms at any time. Any modifications made to these Terms will be effective immediately upon posting on the Online Services. You agree to review these Terms each time you use the Online Services so that you are aware of any modifications made to these Terms. Use of certain Online Services (such as online portals for accessing personal health information for personal or professional use) may be subject to additional Terms provided on those services.
2. No Medical Advice
Children’s Hospital Los Angeles’s Online Services do not give medical advice, diagnosis, or treatment. Content, such as words, pictures, and other material found on the Online Services, is for informational use only. Children's Hospital Los Angeles does not recommend any specific tests, doctors, products, procedures, views, or other information that may be mentioned on the Online Services. The information provided through the Online Services does not create any physician-patient relationship, nor should it be considered to take the place of getting advice from your doctor on diagnosis or treatment. Nothing contained on or provided through the Online Services is intended or can be considered to constitute the practice or furnishing of medical, nursing, or professional health care advice, diagnosis, consultation, or treatment, or approval of any specific product, service, or treatment.
Although Children’s Hospital Los Angeles works to keep its Online Services up-to-date, medical information changes rapidly and, therefore, some information may be incomplete or out-of-date. Always speak with your doctor or other qualified caregiver with any questions you may have about a medical problem. Never ignore your doctor’s advice or wait to get medical help because of something contained on or provided through the Online Services. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR DIAL 911 RIGHT AWAY.
3. Ownership
All pages within the Online Services and any material available for download are the property of Children’s Hospital Los Angeles. The content on the Online Services, including without limitation all data, files, documents, texts, photographs, images, audio, video, and any materials access through or made available for use or download through the Online Services (“Content”) is provided to you without charge as a convenience and for your informational purposes only.
You may download and print these Terms for your reference. You may also download and print a single copy of materials from the Online Services ONLY for your own personal, non-commercial use, provided you include all applicable notices and disclaimers. Except as expressly stated in the Online Services, any other use of the Content is strictly prohibited without the prior written permission of Children's Hospital Los Angeles and the permission of any other applicable rights holder(s). You may not, in whole or in part, use, reproduce, or copy the Online Services or modify any content or any proprietary notices from materials downloaded or printed out from the Online Services. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content, or other proprietary information (including images, text, page layout, or form) of Children’s Hospital Los Angeles without our express written consent. All text, graphics, logos, and code used on the Online Services are the property of Children’s Hospital Los Angeles or its licensors and are protected by United States and international copyright and other laws. Any rights not expressly granted herein are hereby reserved.
4. Limited License
Children’s Hospital Los Angeles grants you a limited, non-exclusive, revocable, non-commercial, non-assignable, personal, and non-transferable license to display, view, or use the Online Services and Content solely for your personal, non-commercial use. The foregoing limited license does not give you any ownership of, or any other intellectual property in, any Content. Your unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
5. Privacy
Children’s Hospital Los Angeles respects the privacy of users of the Online Services. Use of the Online Services is subject to Children’s Hospital Los Angeles’s Online Privacy Policy. Please also review the Notice of Privacy Practices, which explains how Children’s Hospital Los Angeles processes your protected health information as governed by the Health Insurance Portability and Accountability Act, and how your protected health information may be used or disclosed. All communications containing confidential medical information that are transmitted and received through the Online Services are subject to the protections of applicable state and federal law.
6. Acceptable Use
You agree that in your use of the Online Services you will not:
- upload or transmit any communications or content of any type that infringes or violates any rights of any party;
- use the Online Services for any purpose in violation of local, state, national, or international laws;
- transmit or provide any data or distribute advertising or other materials from the Online Services to any third party;
- post material that is unlawful, obscene, defamatory, offensive, aggressive, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Children's Hospital Los Angeles in its sole discretion;
- attempt to disable, “hack,” or otherwise interfere with the proper functioning of the Online Services;
- impersonate another person;
- allow any other person or entity to use your identification for posting or viewing the Online Services;
- post the same note more than once, also known as “spamming”;
- change or delete any proprietary notices from materials downloaded or printed out from the Online Services; or
- hold Children's Hospital Los Angeles or any of its affiliates, subsidiaries, or parent company liable for damages including, but not limited to, loss of wages, revenue, or business because of any information, products, services, merchandise, or other material related to or provided through the Online Services.
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Online Services, deep link to any feature or content on the Online Services, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Online Services.
Violations of system or network security may result in civil or criminal liability. Children’s Hospital Los Angeles will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Online Services or any activity being conducted on the Online Services.
In the event access to the Online Services or a portion thereof is limited requiring a user ID and password, you agree to access protected areas using only your user ID and password as provided to you by Children’s Hospital Los Angeles. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Online Services may be revoked by Children’s Hospital Los Angeles at any time with or without cause.
You agree that in your use of the Online Services you will comply with all user responsibilities and obligations as stated in these Terms.
7. Other Online Properties
The Online Services may contain links to other online properties and other online properties may provide links to the Online Services. These links are provided for your convenience only. Children's Hospital Los Angeles does not control these other online properties, makes no warranties or representations about these other online properties, and assumes no liability or responsibility for them, including any content or services provided to you by such online properties. While some links may indicate special relationships between these other online properties and Children’s Hospital Los Angeles, you should not consider any link to or from another online property as an endorsement or approval of that online property, or its owners or developers, by Children's Hospital Los Angeles unless Children's Hospital Los Angeles expressly states so.
If you link to the Online Services, your link, when activated by a user, may not trigger any interstitial, pop-up, or pop-under windows. You may not frame the Online Services or modify or alter the content or manner of display of the Online Services. You may not link the Online Services to or from any online property containing material that:
- infringes or otherwise violates any copyright, trademark, patent, trade secret, or other intellectual property right;
- is libelous, defamatory, or invasive of any right of publicity or privacy or other personal right;
- is misleading or inaccurate or constitutes false or deceptive advertising;
- is sexually explicit, indecent, harassing, or otherwise objectionable in the sole discretion of Children's Hospital Los Angeles;
- violates any applicable law, rule, or regulation; or
- disparages or reflects negatively upon Children's Hospital Los Angeles.
8. Social Media
Your use of Children’s Hospital Los Angeles’s social media channels and Share Your Story feature are subject to the terms of Children’s Hospital Los Angeles’s Social Media Use policy.
9. Reservation of Rights and Termination of Use
Children’s Hospital Los Angeles reserves the right, but is not obligated, to:
- remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms;
- block access; refuse services; or review, edit, or delete any communications posted on the Online Services, in Children’s Hospital Los Angeles’s sole discretion, regardless of whether such communications violate these standards; and
- modify or discontinue, at any time and from time to time, temporarily or permanently, the Online Services, or any part thereof, with or without notice.
If you violate these Terms, your permission to use the Online Services terminates immediately, without any further action by Children’s Hospital Los Angeles. Children's Hospital Los Angeles may, in its sole discretion, terminate your access to the Online Services, or any portion thereof, or discontinue providing the Online Services, or any portion thereof, at any time, without providing notice to you, with or without cause. These actions are in addition to and not in lieu or limitation of any other right or remedy Children's Hospital Los Angeles may have available at law or in equity. Further, Children's Hospital Los Angeles will not be liable to you or any third party for any such termination or discontinuance.
10. NO REPRESENTATIONS OR WARRANTIES
THE ONLINE SERVICES AND THEIR CONTENT ARE PROVIDED ON AN “AS IS” BASIS. CHILDREN'S HOSPITAL LOS ANGELES MAKES NO WARRANTY OR GUARANTEE THAT THE ONLINE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. CHILDREN'S HOSPITAL LOS ANGELES ALSO MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE ONLINE SERVICES OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE, OR OTHER MATERIAL PROVIDED ON OR THROUGH THE ONLINE SERVICES. CHILDREN'S HOSPITAL LOS ANGELES DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE, OR OTHER MATERIAL PROVIDED THROUGH THE ONLINE SERVICES OR ON THE INTERNET GENERALLY. CHILDREN'S HOSPITAL LOS ANGELES IS NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BASED ON RELIANCE UPON THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THE ONLINE SERVICES.
CHILDREN'S HOSPITAL LOS ANGELES WILL REGARD ALL ACCESS AS VOLUNTARY AND AT YOUR SOLE RISK. NUMEROUS FACTORS OUTSIDE OF THE CONTROL OF CHILDREN'S HOSPITAL LOS ANGELES MAY INTERFERE WITH YOUR ABILITY TO ACCESS ONLINE SERVICES. WHEN THE ONLINE SERVICES ARE UNAVAILABLE, YOU SHOULD USE OTHER COMMUNICATION METHODS TO CONTACT CHILDREN’S HOSPITAL LOS ANGELES. CHILDREN’S HOSPITAL LOS ANGELES CANNOT AND DOES NOT WARRANT OR GUARANTEE AGAINST ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS, OR LOSSES, INCLUDING LOSS OF DATA. YOU ARE RESPONSIBLE FOR MAINTAINING A MEANS EXTERNAL TO THE ONLINE SERVICES FOR THE RECONSTRUCTION OF ANY LOST DATA. CHILDREN’S HOSPITAL LOS ANGELES TAKES NO RESPONSIBILITY FOR, AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM, ANY INACCURACIES OR DEFECTS IN SOFTWARE, COMMUNICATION LINES, VIRTUAL PRIVATE NETWORK, THE INTERNET OR YOUR INTERNET SERVICE PROVIDER (ISP), ACCESS SYSTEMS, COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS THE ONLINE SERVICES.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE ONLINE SERVICES AND LINKED ONLINE PROPERTIES. CHILDREN’S HOSPITAL LOS ANGELES CANNOT AND DOES NOT WARRANT OR GUARANTEE THAT CONTENT POSTED ON THE ONLINE SERVICES WILL NOT BE VIEWED BY UNAUTHORIZED THIRD PARTIES AND CANNOT CONTROL THE ACTIONS OF OTHERS (I.E. USERS, FRIENDS, FANS, PARTICIPANTS) WHO MAY EITHER VIEW OR SHARE INFORMATION THAT YOU HAVE POSTED. CHILDREN’S HOSPITAL LOS ANGELES DOES NOT WARRANT OR GUARANTEE THAT FILES AVAILABLE FOR DOWNLOADING THROUGH THE ONLINE SERVICES WILL BE FREE OF INFECTIONS OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT CONTAINS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
11. Limitation of Liability; Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHILDREN’S HOSPITAL LOS ANGELES, AS WELL AS ITS TRUSTEES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES, WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OR INJURY INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE DAMAGES, PERSONAL INJURY, MENTAL ANGUISH, EMOTIONAL DISTRESS, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTIONS, OR WRONGFUL DEATH THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE ONLINE SERVICES OR THEIR CONTENT, OR THE SERVICES RECEIVED THROUGH THE ONLINE SERVICES. YOU AGREE THAT CHILDREN’S HOSPITAL LOS ANGELES WILL NOT BE LIABLE FOR ANY DAMAGES UNDER ANY INDEMNITY OR ANY THEORY INCLUDING, WITHOUT LIMITATION, LIABILITY ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, PATENT, OR COPYRIGHT INFRINGEMENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ONLINE SERVICES, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ONLINE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF CHILDREN’S HOSPITAL LOS ANGELES TO YOU WITH RESPECT TO YOUR USE OF THE ONLINE SERVICES IS $50 (FIFTY DOLLARS).
In consideration for Children’s Hospital Los Angeles permitting you to use the Online Services, you expressly release and hold harmless Children’s Hospital Los Angeles and its trustees, officers, directors, employees, agents, and affiliates from any and all claims, liabilities, demands, causes of action, costs, expenses, and damages of every kind and nature, in law or equity, or otherwise, arising out of or in any way related to your use of the Online Services, whether arising from negligence or any other acts or omissions by Children’s Hospital Los Angeles.
You will also indemnify and hold harmless Children’s Hospital Los Angeles and its trustees, officers, directors, employees, agents, and affiliates against all actual and direct losses, liabilities, claims, costs, or expenses (including reasonable attorneys’ fees) they may suffer as the result of third-party claims, demands, actions, investigations, settlements, or judgments against them arising from or in connection with any breach of these Terms, or from any breaches of confidentiality or negligence or wrongful acts or omissions, by you or your dependents or agents. This provision of these Terms entitled “Limitation of Liability; Indemnification” will survive termination of these Terms. This limitation may not be enforceable in all jurisdictions.
12. DISPUTE RESOLUTION; INFORMAL RESOLUTION; CLASS WAIVER; BINDING ARBITRATION; COORDINATION OF CLAIMS; TERMINATION OF RIGHTS
PLEASE READ THE FOLLOWING SECTION (“ARBITRATION AGREEMENT”) CAREFULLY BECAUSE IT LIMITS CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM, DISPUTE OR ACTION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT WE OR YOU WOULD HAVE IN COURT, SUCH AS AN APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN THE ARBITRATION PROCESS DESCRIBED WITHIN THIS SECTION.
12.1 Informal Resolution
In the unlikely event that a disagreement arises between you and Children’s Hospital Los Angeles regarding any claim or controversy at law or equity arising out of, relating to, or connected in any way with the Online Services (collectively, “Dispute”), prior to initiating any legal action, you must first contact us directly by email at legal@chla.usc.edu. You must describe the nature of the Dispute, the basis for your Dispute and the resolution you are seeking.
You agree that the term “Dispute” in these Terms will have the broadest meaning possible. These Terms also cover any Dispute between you and any officer, director, board member, agent, employee, affiliate of Children’s Hospital Los Angeles, or third party if Children’s Hospital Los Angeles could be liable, directly or indirectly, for such Dispute.
During the 60 days from the date you first contacted us, you and we agree to engage in good faith efforts to resolve the Dispute. During this 60 day time period you and we will not initiate any legal action, and you and we agree to toll any statutes of limitations that may apply, along with any filing deadlines.
Good faith efforts to resolve any Dispute requires an informal dispute resolution conference, which must be fulfilled before commencing arbitration or legal action. At a minimum, you and we will personally meet and confer, via telephone or videoconference, as part of the informal dispute resolution conference. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. An extension of time may be mutually agreed upon by you and us.
Any demand for arbitration must include a statement certifying the completion of the informal dispute resolution conference. A copy of the demand for arbitration must be sent by email to the counsel that represented Children’s Hospital Los Angeles in the informal dispute resolution process or, if there was no such counsel, then by email to legal@chla.usc.edu.
12.2 Class Waiver
YOU AND CHILDREN’S HOSPITAL LOS ANGELES AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR OUR ONLINE SERVICES IS PERSONAL TO YOU AND CHILDREN’S HOSPITAL LOS ANGELES AND THAT ANY DISPUTE WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING, WHETHER WITHIN OR OUTSIDE OF ARBITRATION. YOU AND WE HEREBY EXPRESSLY WAIVE ANY RIGHTS TO SUE IN COURT AND RECEIVE A TRIAL BY JUDGE OR JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
12.3 Binding Arbitration
If the Dispute is not resolved through the parties’ good faith efforts within the 60 day period (and the parties do not agree to extend the period), you and we agree that the Dispute will be resolved entirely through binding individual arbitration administered by the American Arbitration Association (“AAA”). If the parties have more than one Dispute between them, you and we agree to assert all such Disputes in a single arbitration so they may be resolved at the same time or they will be deemed waived.
The arbitration will be governed by the AAA Consumer Arbitration Rules and, as applicable, the Mass Arbitration Supplementary Rules (collectively, “AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules and Forms are available online at adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the email address indicated in this Section above.
Except as expressly set forth in the Arbitration Agreement, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable.
WITH ARBITRATION (I) THERE IS NO JUDGE OR JURY, (II) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (III) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. THE ARBITRATOR’S AWARD SHALL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
Notwithstanding the foregoing, the Arbitration Agreement shall not require arbitration of the following Disputes: (i) qualifying individual Disputes in small claims court, so long as such individual action remains in such small claims court and advances only on an individual (non-class, non-representative) basis; (ii) an enforcement action through the applicable federal, state, or local agency if that action is available; or (iii) injunctive or other equitable relief in a court of competent jurisdiction for any dispute related to the actual or threatened infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents).
By agreeing to these Terms, you agree that the U.S. Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Arbitration Agreement. If for any reason the FAA cannot apply, and to the extent it cannot apply, the laws of the State of California shall govern. This Arbitration Agreement shall survive termination of these Terms and any other contractual relationship between you and Children’s Hospital Los Angeles.
During the arbitration, the amount of any settlement offer made by Children’s Hospital Los Angeles or you shall not be disclosed to the arbitrator. You may download or copy a form notice and a form to initiate arbitration from the American Arbitration Association at adr.org.
The arbitrator is bound by these Terms and Arbitration Agreement. Except as expressly set forth in the Arbitration Agreement, all issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms, including this Arbitration Agreement.
Unless Children’s Hospital Los Angeles and you agree in writing otherwise, or unless the Coordinated Disputes procedure set forth below is triggered, any arbitration hearings will take place in the county where you reside.
If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Children’s Hospital Los Angeles’s last written settlement offer made before an arbitrator was selected (or if Children’s Hospital Los Angeles did not make a settlement offer before an arbitrator was selected), then Children’s Hospital Los Angeles will pay you the amount of the award or US $1,000, whichever is greater.
Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
12.4 Coordinated Disputes
In the event that twenty-six (26) or more similar Disputes are asserted against Children’s Hospital Los Angeles by the same or coordinated counsel or are otherwise consistent or coordinated (“Coordinated Disputes”), the AAA Supplementary Rules for Mass Arbitration shall apply, except as otherwise provided herein.
If your Dispute is among similar Coordinated Disputes, you understand and agree that the resolution of your Dispute might be delayed. Disputes are “similar” if they arise out of the same event or similar factual scenario, and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the applicability of the Coordinated Disputes process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing Process Arbitrator to determine the Mass Arbitration process’ applicability ("Process Arbitrator"). In an effort to expedite resolution of any such disputes, the parties agree the Process Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The parties agree to participate in a global mediation of Coordinated Disputes before a mutually agreed-upon mediator pursuant to Section MA-9 of the AAA Supplementary Rules of Mass Arbitration. Should initial efforts at dispute resolution through such mediation fail and the Coordinated Disputes proceed, you consent to and the Process Arbitrator shall order the cases to proceed according to the following batching terms:
The Process Arbitrator shall group and administer the arbitration demands into batches of no more than 26 demands per batch (plus, to the extent there are less than 26 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands. Thirteen (13) of the initial batch will be selected by the claimants and their coordinated counsel and thirteen (13) will be selected by Children’s Hospital Los Angeles. If there is any dispute on the selection of claimants, the Process Arbitrator will have sole discretion to select the claimants. The Disputes presented in the remaining arbitration demands shall be stayed and no arbitration provider fees shall be assessed in connection with those arbitration demands until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. If the parties are unable to resolve the remaining arbitration demands after the conclusion of the initial twenty-six proceedings, the parties shall participate in a second global mediation session before a mutually agreed-upon mediator. Should this second mediation not result in a global settlement, the batching process and subsequent mediation will repeat until such resolution is achieved.
You agree to cooperate in good faith with Children’s Hospital Los Angeles to implement such a batch approach to resolution and fees, including the payment of single case management fees and arbitrator compensation for batches, as well as any steps to minimize the time and costs of arbitration. Any applicable statute of limitations on your arbitration demand and filing fee deadlines shall be tolled for batched coordinated disputes from the time any arbitration demand is selected for the first set of batching proceedings until the time your arbitration demand is selected to proceed in arbitration, withdrawn, or otherwise resolved.
Further, you agree that Children’s Hospital Los Angeles, in its sole discretion, may elect to opt the Disputes out of arbitration and require the Disputes to proceed in a court of competent jurisdiction in Los Angeles County, California consistent with the remainder of this Terms as permitted by law, including the class and collective action waiver.
A court of competent jurisdiction shall have authority to enforce this Section regarding Coordinated Disputes and, if necessary, to enjoin the filing or prosecution of arbitration demands against Children’s Hospital Los Angeles. Should a court of competent jurisdiction decline to enforce these Coordinated Dispute procedures, you and we agree that your and our counsel shall engage in good faith and with the assistance of the Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the selected arbitration provider to address reductions in arbitration fees. If this Section regarding Coordinated Disputes is deemed unenforceable as to a particular claimant or batch, then it shall be severed as to that claimant or batch, and those parties shall arbitrate in individual proceedings in accordance with this Section.
12.5 Termination of Rights
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES OR CONTENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND CHILDREN’S HOSPITAL LOS ANGELES WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the Terms of this Section by sending an email to legal@chla.usc.edu. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the following Section (Applicable Laws).
13. Applicable Laws
You agree that these Terms are entered into between you and Children's Hospital Los Angeles in the State of California, United States of America and is performed within the State of California. You agree that these Terms are governed by and will be construed in all respects under the laws of the State of California, exclusive of its choice of law or conflict of laws provisions. In any claim or action by you directly or indirectly arising under these Terms or related to the Online Services, you irrevocably agree to submit to the exclusive personal jurisdiction of the state or federal courts located in or serving Los Angeles County, California. You waive any jurisdictional, venue, or inconvenient forum objections to such court.
14. No Waiver
Children’s Hospital Los Angeles’s failure to enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right.
Children’s Hospital Los Angeles’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Children’s Hospital Los Angeles’s obligation to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Online Services or information provided to or gathered by Children’s Hospital Los Angeles with respect to such use.
15. Severability
If any part of these Terms is determined to be invalid or unenforceable then the invalid or unenforceable provision will be superseded by a valid, then that provision will be deemed severable from these Terms and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms will continue in effect. To the extent not prohibited by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms, the word will be deemed to mean “including, without limitation.” The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms.
16. Assignment
Children’s Hospital Los Angeles may assign its rights and duties to any party at any time without notice to you. However, you may not transfer or assign your permission to use the Online Services to any other party without the prior written consent of Children’s Hospital Los Angeles and any attempted assignment not in compliance with this Section will be void.
17. Modification
No modification or attempted modification of these Terms by you will be binding on Children’s Hospital Los Angeles unless made in writing and physically signed by an authorized representative of Children’s Hospital Los Angeles. Use of the Online Services is unauthorized in any jurisdiction that does not give effect to these Terms.
18. Survival
The provisions of these Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Children’s Hospital Los Angeles in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, jury waiver, and mandatory arbitration.
19. Contact Information
If you have any questions about these Terms or Children’s Hospital Los Angeles’s practices with respect to the Online Services, do one of the following:
Send an email to: webmaster@chla.usc.edu
Write to the following address:
Webmaster
Children's Hospital Los Angeles
4650 Sunset Blvd., Mailstop #110
Los Angeles, CA 90027