Terms of Use

Last Updated: 11/01/24


These website terms of use (“Terms”) set forth a legally binding agreement between you and Scripps Health (“Company,” “we,” or “us”). These Terms, together with any documents they expressly incorporate by reference (“Additional Terms”), govern your access to and use of Scripps.org, including any content, functionality, and services offered on or through Scripps.org (the “Website”). To the extent there is a conflict between these Terms and any Additional Terms, these Terms will control unless the Additional Terms expressly state otherwise. 


PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE WEBSITE. THESE TERMS AFFECT YOUR LEGAL RIGHTS, INCLUDING BY LIMITING COMPANY’S LIABILITY AND REQUIRING MANDATORY ARBITRATION ON AN INDIVIDUAL, NON-CLASS BASIS TO RESOLVE DISPUTES. BY USING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND YOU CONSENT TO THE COLLECTION, USE, AND SHARING OF YOUR INFORMATION AS DESCRIBED IN OUR PRIVACY POLICY, FOUND AT SCRIPPS.ORG/PRIVACY-POLICY, INCORPORATED HEREIN BY REFERENCE.  


IF YOU DO NOT WANT TO AGREE TO THESE TERMS, PLEASE DO NOT USE THE WEBSITE.  


Medical Disclaimer

The use of the Website is not a substitute for professional clinical advice or treatment and does not create a physician-patient relationship. Information on the Website is not provided in the course of a professional relationship between a health care provider and a patient and is not intended to create any patient relationship, nor should it be considered a replacement for consultation with a health care professional. If you have any health problems or health care-related questions, please call, or see your physician or other health care provider promptly. If you have an emergency medical condition, call 911. 


The information and content provided on or accessed through this Website are intended for general, noncommercial, informational purposes only, and do not constitute the practice of medicine or any other professional judgement, advice, diagnosis, or treatment. 


Website Use

By using this Website, you represent and warrant that you are at least the age of majority in your jurisdiction. If you are under the age of majority, you must not access or use the Website without the supervision of a legal guardian. 


Changes to the Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post the modified Terms and update the “Last Updated” date on this page and apply to all access to and use of the Website thereafter. 


Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. 


Availability of the Website

We reserve the right to withdraw or amend this Website, and any service, functionality, feature, or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. 


Account Creation

To access the Website or some of the features and functionalities it offers, you may be asked to provide certain registration details or other information. For any feature of the Website that requires username and password, you must correct, current and complete information. 


You must treat your account information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. 


Intellectual Property Rights

The 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 the Company, its 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. 


Subject to our compliance with these Terms, Company grants you a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the 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 follows: 


  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution. 
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end-user license agreement for such applications. 


You must not: 


  • Modify copies of any materials from this Website. 
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text. 
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website. 


You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: webteam@scrippshealth.org. 


If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach and may violate copyright, trademark and other laws. 


Trademarks

The Company name, the terms Company Trademarks, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners. 


Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website: 


  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. 
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms. 
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation. 
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing). 
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability. 


Additionally, you agree not to: 


  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website. 
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website. 
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent. 
  • Use any device, software, or routine that interferes with the proper working of the Website. 
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful. 
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. 
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. 
  • Otherwise attempt to interfere with the proper working of the Website. 


User Contributions

If the Website contains message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website, all User Contributions must comply with these Terms. 


Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. 


You represent and warrant that: 


  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our licensees, successors, and assigns. 
  • All of your User Contributions do and will comply with these Terms. 


You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. 


We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website. 


Monitoring, enforcement and termination

We have the right to: 


  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion. 
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company. 
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. 
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. 
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms. 


Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES. 


However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section. 


Content standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not: 


  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable. 
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. 
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person. 
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy. 
  • Be likely to deceive any person. 
  • Promote any illegal activity, or advocate, promote or assist any unlawful act. 
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person. 
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization. 
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising. 
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case. 


Copyright infringement

If you believe that any User Contributions violate your copyright, it is the policy of the Company to terminate the user accounts of copyright infringers. 


Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. 


This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. 


Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. 


Linking to the Website and Social Media Features


You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. 


This Website may provide certain social media features that enable you to: 


  • Link from your own or certain third-party websites to certain content on this Website. 
  • Send emails or other communications with certain content, or links to certain content, on this Website. 
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites. 


You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: 


  • Establish a link from any site that is not owned by you. 
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking or in-line linking. 
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms. 


The site from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms. 


You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. 


We may disable all or any social media features and any links at any time without notice in our discretion. 


Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. 


YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 


TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. 


THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 


Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 


Indemnification

You agree to indemnify, defend, and hold Company, our licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents, other representatives, successors and assigns (“Company Indemnitees”), harmless from and against any and all claims, causes of action, allegations (threatened or pending), liabilities, damages, losses, costs, and other expenses (including reasonable attorneys’ fees that arise directly or indirectly and costs) arising out of or in connection with any of the following: (i) for any breach of these Terms; (ii) your use of the Website; (iii) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (iv) your violation of the rights of any third party including any intellectual property, publicity, confidentiality, property, or privacy right; or (v) any misrepresentation made by you. Company reserves the right to control the defense and settlement of any third-party claim for which you indemnify Company Indemnitees under these Terms, and you will assist us in exercising such rights. You will not in any event settle any claim without the prior written consent of Company. 


Governing Law and Jurisdiction

All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). 


Dispute Resolution/ Mandatory Binding Arbitration/Class Waiver

IMPORTANT: THIS SECTION LIMITS CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE ACTION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. PLEASE REVIEW CAREFULLY. 


In the unlikely event that a disagreement arises between you and Company, you must first contact us directly by webteam@scrippshealth.org so that we may work in good faith to find a mutually agreeable solution. If the issue cannot be resolved as described above within sixty (60) days, you and Company agree, as permitted by applicable law, to resolve any disputes, claim, or controversy at law or equity arising from these Terms, Additional Terms, use of the Website, or a text you may receive from us (collectively, “Dispute”), including Disputes arising from or concerning their interpretation, violation, invalidity, non-performance or termination, through final and binding arbitration under the Rules of Arbitration of the American Arbitration Association (“AAA”) applying California law. 


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 Company, or third party if Company could be liable, directly or indirectly, for such Dispute. If the parties have more than one Dispute between them, you and Company 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. 


Class and collective action waiver 

You and Company explicitly agree to the fullest extent allowable and enforceable under applicable law, that the arbitrator must decide any Dispute on an individual basis. NO DISPUTE SHALL BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated absent the express written consent of Company. The arbitrator may only award relief (including injunctive relief, if available) on an individual basis. Notwithstanding any other clause contained in this Section (the “Arbitration Agreement” or “Agreement”), any challenge to the validity of this Class and Collective Action Waiver must be determined by a court of competent jurisdiction and not by an arbitrator. If, for any reason, this Class and Collective Action Waiver is held to be unconscionable or unenforceable, then the entirety of this Dispute Resolution/Mandatory Binding Arbitration Section shall not apply, and the Dispute must be brought exclusively in a state or federal court in California. Accordingly, you and Company consent to the exclusive personal jurisdiction and venue of such courts for such matters.  


(i) As stated above, we require you to first contact us directly at webteam@scrippshealth.org to seek a resolution. If we cannot resolve a Dispute within sixty (60) days, then, to the fullest extent permitted by applicable law, Disputes shall be resolved solely by a single, neutral arbitrator selected in accordance with the then-current Commercial Arbitration Rules of the AAA, in a reasonably convenient location agreed to by the parties in accordance with the AAA’s Consumer Due Process Protocol (including, but not limited to the AAA’s Consumer-Arbitration Rules, available at the ADR Consumer site), except that we may seek injunctive or other appropriate relief in any state or federal court. You can also obtain AAA procedures, rules, and fee information by visiting the ADR Consumer site. 


(ii) To begin an arbitration proceeding, you must submit the Dispute by utilizing the forms available at the ADR Consumer site, and simultaneously sending a copy of the completed form to the following address: 200 State Street, 7th Floor, Boston, MA 02109. 


(iii) Upon filing of the arbitration demand, we will pay all filing, administration, and arbitrator fees other than the initial $200 filing fee, and for claims of less than $1,000, Company will reimburse you for the filing fee within thirty (30) days of receiving a written request from you. Each party will bear the fees and expense of its own attorneys, experts, witnesses, and preparation and presentation of evidence at the arbitration.  


(iv) WITH ARBITRATION (a) THERE IS NO JUDGE OR JURY, (b) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (c) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. Any Dispute shall otherwise be governed by the internal laws of the State of California without regard to California choice of law principles, except that the provisions of this Agreement concerning arbitration shall be governed by the Federal Arbitration Act. The arbitrability of Disputes shall be determined by the arbitrator. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You hereby consent to, and waive, all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California. 


(v) Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Company agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual written agreement. 


(vi) In the event the AAA is unavailable or unwilling to hear the Dispute, you and Company shall agree to, or a court shall select, another arbitration provider. 


(vii) If, for any reason, this Dispute Resolution/Mandatory Binding Arbitration Section 9 is held to be unconscionable or unenforceable, then the parties hereby submit to the exclusive jurisdiction of the federal, state or municipal court of proper jurisdiction in the in each case located in the City of San Diego, California, and County of San Diego, California to resolve any Dispute. 


(viii) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES — OR IT WILL BE FOREVER BARRED. 


Limitation on Time to File Claims

TO THE FULLEST EXTENT PROVIDED BY LAW, ANY, DISPUTE, CAUSE OF ACTION, OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 


Waiver and Severability

No waiver by the Company of any term or condition set out in 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 the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. 


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. 


Entire Agreement 

The Terms and all documents referenced herein constitute the sole and entire agreement between you and Scripps Health regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the Website. 


Your Comments and Concerns 

This Website is operated by Scripps Health, with its principal location at 4555 Executive Drive, San Diego, CA 92121. 


All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: webteam@scrippshealth.org.