Terms of use

Terms of Use
( ECA WEBSITE )

Introduction
Welcome to our platform. These Terms of Use (“Terms”) govern your use of our services and platform, provided by Elisa C. Alvarado M.D. Inc.(“Service Provider”). By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services. These Terms apply to all users of the platform, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms carefully before accessing or using our services. By accessing or
using any part of the services, you agree to be bound by these Terms. If these Terms are
considered an offer, acceptance is expressly limited to these Terms.

Acceptance of Terms
By accessing or using the services provided by the Service Provider, you, the User,
acknowledge and agree that you have read, understood, and agree to be bound by these Terms
of Use. If you do not agree to these Terms of Use, you must not access or use the services.
These Terms of Use constitute a legally binding agreement between you, the User, and the
Service Provider, governing your access to and use of the services provided.
This agreement is subject to change by the Service Provider at any time. Changes will be
effective immediately upon posting of the updated Terms of Use on the Service Provider’s
website. Your continued use of the services after any such changes constitutes your acceptance
of the new Terms of Use.
These Terms of Use are governed by and construed in accordance with the laws of the
jurisdiction of California, without giving effect to any principles of conflicts of law. By accessing
or using the services, you agree to submit to the jurisdiction of the courts located in California
for the resolution of all disputes arising out of or in connection with these Terms of Use or your
use of the services.
Modification of Terms
The Service Provider reserves the right, at its sole discretion, to modify or replace these Terms
of Use at any time. If a revision is material, the Service Provider will provide at least 30 days’
notice prior to any new terms taking effect. What constitutes a material change will be
determined at the Service Provider’s sole discretion.
By continuing to access or use our services after those revisions become effective, you agree to
be bound by the revised terms. If you do not agree to the new terms, you are no longer
authorized to use the services.
User Account and Security
Users are required to register for an account to access certain features of the Service. By
registering for an account, Users agree to provide accurate, current, and complete information
as may be prompted by any registration forms on the Service (“Registration Data”). Users also
agree to maintain and promptly update the Registration Data, and any other information
provided to the Service Provider, to keep it accurate, current, and complete.
Upon completing the registration process, Users will create a username and password. Users
are responsible for maintaining the confidentiality of their account and password and are fully
responsible for all activities that occur under their account. Users agree to (a) immediately notify
the Service Provider of any unauthorized use of their account or any other breach of security,
and (b) ensure that they exit from their account at the end of each session. The Service
Provider will not be liable for any loss or damage arising from Users’ failure to comply with this
section.
Users may not use the accounts of others without permission. Users who violate these rules
may have their account suspended or terminated, at the Service Provider’s sole discretion.
User Conduct
This User Conduct clause applies to all users (“Users”) of the Service. Users agree to abide by
all applicable local, state, national, and international laws and regulations and are solely
responsible for all acts or omissions that occur under their account, including the content of their
transmissions through the Service. Without limiting the foregoing, Users agree not to:
• Use the Service in any manner that could damage, disable, overburden, or impair any
server, or the network(s) connected to any server, or interfere with any other party’s use
and enjoyment of the Service;
• Attempt to gain unauthorized access to any services, other accounts, computer systems
or networks connected to any server or to the Service, through hacking, password
mining or any other means;
• Obtain or attempt to obtain any materials or information through any means not
intentionally made available through the Service;
• Upload, post, email, transmit or otherwise make available any content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous,
invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
• Impersonate any person or entity, including, but not limited to, a Service Provider official,
forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with
a person or entity;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any
content transmitted through the Service;
• Upload, post, email, transmit or otherwise make available any content that you do not
have a right to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential information learned
or disclosed as part of employment relationships or under nondisclosure agreements);
• Upload, post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,”
“pyramid schemes,” or any other form of solicitation, except in those areas that are
designated for such purpose;
• Upload, post, email, transmit or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or
telecommunications equipment;
• Interfere with or disrupt the Service or servers or networks connected to the Service, or
disobey any requirements, procedures, policies or regulations of networks connected to
the Service;
• “Stalk” or otherwise harass another; or
• Collect or store personal data about other users in connection with the prohibited
conduct and activities set forth in the paragraphs above.
Content Ownership and Use
This clause governs the ownership and use of content provided by Users (“User Content”) and
the Service Provider on the service platform. By agreeing to these Terms of Use, Users grant
the Service Provider a non-exclusive, worldwide, royalty-free license to use, reproduce, adapt,
publish, translate, distribute, and display User Content in connection with the service’s operation
and promotion. This license includes the right to make such modifications as are technically
necessary to exercise the rights in other media and formats. The Service Provider does not
claim any ownership rights in User Content.
Users affirm, represent, and warrant that they own or have the necessary licenses, rights,
consents, and permissions to publish User Content they submit. Furthermore, Users agree not
to post, upload, transmit, or otherwise make available any User Content that is subject to third-
party proprietary rights, including privacy and publicity rights, unless they are the owner of such
rights or have permission from their rightful owner to post the material and to grant the Service
Provider all of the license rights granted herein.
The Service Provider reserves the right to remove any User Content at any time without prior
notice and at its sole discretion, if it is determined that the User Content violates these Terms of
Use or any applicable law or regulation. The Service Provider also reserves the right to
terminate a User’s access to the Service for posting or publishing any material in violation of
these Terms of Use or applicable laws or regulations.
Intellectual Property Rights
Unless otherwise expressly stated, all intellectual property rights in all content and material on
our Service, including, without limitation, the design, graphics, text, pictures, software, and other
files, and the selection and arrangement thereof (“Service Content”), are the exclusive property
of the Service Provider or its licensors and are protected by United States and international
copyright and trademark laws.
The Service Provider does not claim ownership of any User Content submitted, posted, or
displayed by Users on or through the Service. However, by posting, uploading, inputting,
providing, or submitting User Content, Users grant the Service Provider and its affiliated
companies a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to
use, reproduce, distribute, display, perform, and create derivative works of the User Content in
connection with the Service and the Service Provider’s (and its successors’ and affiliates’)
business, including without limitation for promoting and redistributing part or all of the Service
(and derivative works thereof) in any media formats and through any media channels.
Users agree to execute any and all documents and take any other actions reasonably required
to effectuate the purposes of the foregoing license.
Disclaimer of Warranties
THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND
INFORMATION MADE AVAILABLE ON OR PROVIDED IN CONNECTION WITH THE
SERVICE, IS PROVIDED “AS IS.” AS A USER, YOU EXPRESSLY AGREE THAT THE USE OF
THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE PROVIDER, ITS AFFILIATES, AND
THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR
LICENSORS (COLLECTIVELY, “SERVICE PROVIDER PARTIES”) MAKE NO WARRANTY
THAT THE SERVICE, INCLUDING THE REGISTRATION DATA, USER CONTENT, AND
SERVICE CONTENT, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN
UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED FROM THE SERVICE PROVIDER PARTIES OR
THROUGH THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE
SERVICE PROVIDER PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED,
STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-
INFRINGEMENT. THE SERVICE PROVIDER PARTIES DO NOT WARRANT THAT THE
SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED
THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS,
VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF
THOSE ISSUES WILL BE CORRECTED.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE SERVICE PROVIDER
OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE
SERVICE OR ANY CONTENT PROVE DEFECTIVE, YOU (AND NOT THE SERVICE
PROVIDER OR ITS AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR, OR CORRECTION.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE
SERVICE PROVIDER, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR
LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, WITH THE
DELAY OR INABILITY TO USE THE SERVICE OR RELATED SERVICES, THE PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE,
OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE
SERVICE PROVIDER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE
SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE SERVICE.
Indemnification
The User agrees to indemnify, defend, and hold harmless the Service Provider, its affiliates,
officers, directors, employees, agents, licensors, and suppliers from and against all losses,
expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any
violation of the Terms of Use, any breach of the representations and warranties made by the
User herein, or any activity related to the User’s account (including negligent or wrongful
conduct) by the User or any other person accessing the Service using the User’s account.
This indemnification obligation will survive the termination of these Terms of Use and the User’s
use of the Service.
Termination and Suspension
The Service Provider reserves the right to terminate or suspend your account and bar access to
the Service immediately, without prior notice or liability, under our sole discretion, for any reason
whatsoever and without limitation, including but not limited to a breach of the Terms of Use.
Upon termination, your right to use the Service will cease immediately. If you wish to terminate
your account, you may simply discontinue using the Service.
All provisions of the Terms of Use which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity,
and limitations of liability. It is your responsibility to remove any of your User Content from the
Service prior to termination. The Service Provider is not responsible for the loss of any User
Content.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of
California, without giving effect to any principles of conflicts of law. The parties agree that any
action at law or in equity arising out of or relating to these Terms of Use or the use of the
Service shall be filed only in the state or federal courts located in California. The parties hereby
consent to and submit to the jurisdiction of such courts for the purpose of litigating any such
action.
Dispute Resolution
This Dispute Resolution clause applies to any dispute arising out of or related to the Terms of
Use or the use of the Service, excluding disputes relating to the enforcement or validity of the
Service Provider’s intellectual property rights. The parties agree to first attempt to resolve any
dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding.
Such informal negotiations commence upon written notice from one party to the other.
If the dispute cannot be resolved through informal negotiations, the parties agree that the
dispute shall be resolved by binding arbitration in the jurisdiction of California, unless otherwise
agreed upon by the parties in writing. The arbitration shall be conducted by a single arbitrator,
selected in accordance with the rules of the American Arbitration Association (AAA). The
arbitrator’s decision shall be final and binding on the parties, and judgment on the award
rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Notwithstanding the above, either party may bring an individual action in small claims court.
However, the parties agree that, to the fullest extent permitted by law, no arbitration or claim
under these Terms of Use shall be joined to an arbitration or claim involving any other party
subject to these Terms of Use, whether through class arbitration proceedings or otherwise.
Miscellaneous
This Terms of Use agreement shall be governed by and construed in accordance with the laws
of the State of California, without giving effect to any principles of conflicts of law. If any
provision of these Terms of Use is unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from these Terms of Use and shall not affect the validity
and enforceability of any remaining provisions. These Terms of Use constitute the entire
agreement between the Service Provider and the User relating to the subject matter herein.
Any dispute arising under or in relation to these Terms of Use shall be resolved in the state and
federal courts located in California, and the parties hereby consent to the jurisdiction of such
courts. The failure of the Service Provider to enforce any right or provision of these Terms of
Use will not be deemed a waiver of such right or provision.
Neither the course of conduct between the parties nor trade practice shall act to modify any
provision of these Terms of Use. The section titles in these Terms of Use are for convenience
only and have no legal or contractual effect.