Hoag Memorial Hospital Presbyterian
Terms of Use
Last Revised: September 25, 2024
Welcome to Hoag Memorial Hospital Presbyterian (with its affiliates, collectively referred to as “Hoag,” “we,” or “us”) and thank you for visiting.
Carefully read these Terms of Use (“Terms”), as they govern your access to and use of hoag.org and other websites and other online locations of Hoag that link to these Terms (“Websites”). Your acceptance of, and compliance with, these Terms is a condition to your use of our Websites.
By accessing or otherwise using the Websites, you acknowledge that you have read in its entirety, understand, and fully accept all terms and conditions contained in these Terms and our Privacy Policy. If you do not agree to be bound by these Terms and our Privacy Policy, you are not authorized to access or use our Websites; PROMPTLY EXIT THE WEBSITE.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS AFFECT YOUR LEGAL RIGHTS, INCLUDING BY REQUIRING MANDATORY ARBITRATION ON AN INDIVIDUAL, NON-CLASS BASIS TO RESOLVE DISPUTES. SEE SECTION 10.
Contents
No Medical Advice on Websites
Privacy Practices
Hoag’s Proprietary Rights
Access to Websites, Security, and Restrictions; Passwords
No Users Under 13 Years Old
Accuracy and Integrity of Information
Links to Other Websites
External Services
No Third Party Rights
Dispute Resolution/Mandatory Binding Individual Arbitration/Class Action Waiver
Disclaimers and Limitation of Liability
Indemnification
Revisions; General
Notice Required by California Law
Consent To Receive SMS Text Messages
Contact Us
The Websites provide general background and educational information. This information is not provided in the course of a professional relationship between a health care provider and a patient. It is not intended to be, and should not be used as, a substitute for medical treatment by a health care professional.
Hoag will not make a diagnosis of your condition or recommendation about a course of care or treatment for your particular circumstances through the use of the Websites. You should not assume that information on a particular topic on the Websites is complete or up-to-date. Content, such as words, pictures, videos and other material found on the Websites, is for informational use only. Information provided through the Websites is not intended to take the place of advice from your doctor or other health care professional on care, diagnosis or treatment. Always speak with your doctor or other health care professional about any questions you may have about a medical problem. Never ignore your doctor’s advice or wait to get medical help because of something you have read on the Websites. If you think you may have a medical emergency, call your doctor or dial 911 immediately.
You agree that information provided by you in connection with the Websites shall be governed by the Privacy Policy, located at hoag.org/Legal/Privacy-Policy which is hereby incorporated and made part of these Terms. You may also receive a Notice of Privacy Practices governing the collection, use and sharing of your medical information. In the event of any conflicts, differences or discrepancies between (1) a Notice of Privacy Practices and (2) either these Terms or our Websites Privacy Policy, the Notice of Privacy Practices will apply and govern.
The Websites contain confidential and proprietary information, materials, data, databases, contents, processes, methodologies, know-how, software, text, displays, images, video, audio, trademarks, logos, service marks, features and functionality, and the design, selection and arrangement thereof, are owned by Hoag, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade dress, trade secret and other intellectual property or proprietary rights laws. These Terms permit you to use the Websites for your personal, non-commercial use only.
Hoag or its licensors own and retain all right, title, and interest to the Websites, their content, and any updates that may be provided to you under these Terms. Any unauthorized use of the Websites, their content or updates is strictly prohibited and may be a violation of law.
All text, graphics, code, data, audio, video or other content on the Websites are protected by United States and international copyright laws. You may download and reprint a single copy of materials from the Websites only for your personal, non-commercial use, provided you include all applicable acknowledgements, credits or notices. Any other use of the content is strictly prohibited without the prior written permission of Hoag and its licensors.
Hoag®, Hoag Medical Group®, Hoag For Life®, Womanology®, ®, ®, ®, and Hoag Memorial Hospital Presbyterian™ are trademarks of Hoag Memorial Hospital Presbyterian. Other marks, slogans and logos of Hoag Memorial Hospital Presbyterian or its licensors included on the Websites are also trademarks of Hoag Memorial Hospital Presbyterian or its licensors, and protected under United States law.
You are prohibited from violating or attempting to violate the security of the Websites, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Websites or any portion thereof without authorization, in violation of these Terms or in violation of applicable law.
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Websites, deep-link to any feature or content on the Websites, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Websites.
In the event access to the Websites or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by us. 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 Websites may be revoked by Hoag at any time with or without cause. You agree to defend, indemnify, and hold Hoag harmless from and against all third party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by arising out of your breach of these Terms or violation of applicable law, your use or access of the Websites, or access by anyone accessing the Websites using your user ID and password.
If you submit, upload, post, or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Websites (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You agree not to contact other Websites users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Hoag and Providers that you have the legal right and authorization to provide all User Information to Hoag and Providers for use as set forth herein and required by Hoag and the Providers.
Use of the Websites by children under the age of 13 is prohibited. By using the Websites, you warrant that you are 13 years of age or older. If you provide information to the Websites, you warrant that you are 18 years of age or older. If you are 13-17 years of age, you may access the Websites, but you may not submit any information and you warrant that you have the permission of your parent or guardian who agrees to these Terms on your behalf.
Although we attempt to ensure the integrity and accuracy of the Websites, we make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Websites and content thereon. It is possible that the Websites could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Websites by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. We reserve the right to unilaterally correct any inaccuracies on the Websites without notice. Information contained on the Websites may be changed or updated without notice. Additionally, Hoag shall have no responsibility or liability for information or content posted to the Websites from any unaffiliated third party.
We make no representations whatsoever about any other website that you may access through the Websites. When you access a non-Hoag website, please understand that it is independent from us, and that we have no control over the content on that website. In addition, a link to a non-Hoag website does not mean that we endorse or accept any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to the Websites, you do this entirely at your own risk.
The Websites may enable access to Hoag’s and/or third-party services and websites, including social media sites (collectively and individually, “External Services“). You agree to use the External Services at your sole risk. We are not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by the Websites or External Service, including but not limited to financial, medical, and location information, is for general informational purposes only and is not guaranteed by Hoag or its agents. You will not use the External Services in any manner that is inconsistent with the terms of these Terms or that infringes the intellectual property rights of Hoag or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten, or defame any person or entity, and that we are not responsible for any such use. External Services may not be available in all languages or in your home country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. We reserve the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
Unless expressly stated in these Terms, nothing herein is intended to confer any rights, obligations, duties, or remedies, on any person other than you, Hoag, and their affiliates. Nothing in the Terms is intended to relieve or discharge the obligation or liability of any third persons to you, Hoag, and its affiliates, nor shall any provision give any third parties any right of subrogation or action over against you, Hoag, and its affiliates. The Websites are only provided for your benefit and may not be relied on by any third party.
IMPORTANT: THIS SECTION (SECTION 10) LIMITS CERTAIN LEGAL RIGHTS, INCLUDING WAIVING 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 LIMITS THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. PLEASE REVIEW CAREFULLY.
Certain portions of this Section 10 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act ( “Agreement”) and JAMS’ Streamlined Arbitration Rules. You and Hoag agree that we intend that the Agreement satisfies the “writing” requirement of the Federal Arbitration Act.
THIS SECTION (SECTION 10) DOES NOT APPLY TO CLAIMS RELATED TO HOAG’S PROVISION OF MEDICAL ADVICE, MEDICAL TREATMENT, OR HEALTHCARE SERVICES.
In the unlikely event that a disagreement arises between you and Hoag, you must first contact us directly by emailing feedback@hoag.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 Hoag agree, as permitted by applicable law, to resolve any claim or controversy at law or equity arising out of, relating to, or connected in any way with processing, including disclosure, of personal information and other data, including protected health information and internet and network information (such as IP address, header information, and URL referral information) (collectively, “Dispute”) through binding individual arbitration, or as we and you otherwise agree in writing. 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 Hoag, or third party if Hoag could be liable, directly or indirectly, for such Dispute. If the parties have more than one Dispute between them, you and Hoag 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. This arbitration provision (Section 10) shall survive termination of these Terms.
CLASS AND COLLECTIVE ACTION WAIVER: You and Hoag 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 Hoag. The arbitrator may only award relief (including injunctive relief, if available) on an individual basis. Notwithstanding any other clause contained in this 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 provision (Section 10) shall not apply and the Dispute must be brought exclusively in a state or federal court in Orange County, California. Accordingly, you and Hoag consent to the exclusive personal jurisdiction and venue of such courts for such matters.
Arbitration Procedure:
As stated above, we require you to first contact us directly at 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 of the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ Streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of Hoag consent to in writing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. The arbitrator will (a) apply applicable law and the provisions of these Terms; (b) determine any Dispute according to applicable law and facts in the record and no other basis; and (c) issue a reasoned award. In any arbitration arising out of or related to this Agreement, the arbitrator(s) may not award any exemplary, incidental, indirect or consequential damages, including damages for lost profits.
You are responsible for paying your portion of the fees set forth in the JAMS fee schedule. Hoag will pay all remaining JAMS fees, except as required by law. If your claim against Hoag is for less than $1,000, and you succeed on the merits, we will pay all fees. If you believe you cannot afford the JAMS fee, you may apply to JAMS for a fee waiver.
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. 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.
In the event that JAMS is unavailable or unwilling to hear the Dispute, you and Hoag shall agree to, or a court shall select, another arbitration provider.
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.
THE WEBSITE AND ALL CONTENT ON THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. HOAG MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK.
HOAG MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOAG AND ANY THIRD PARTIES MENTIONED ON THE WEBSITE DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE OR THE CONTENT, EVEN IF HOAG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, AND/OR LINKED WEBSITES IS TO STOP USING THE WEBSITE.
Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS HOAG AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, SUPPLIERS, VENDORS, ACTIVITIES PARTNERS, SPONSORS, MERCHANTS, ADVERTISERS AND OTHERS ACTING IN CONCERT WITH THEM, FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR USE OF OR RELIANCE ON THE WEBSITE OR ANY CONTENT, PRODUCTS, SERVICES, BRANDS, OR ACTIVITY, YOUR DEALINGS IN CONNECTION WITH THE WEBSITE OR HOAG, OR YOUR SUBMISSION(S) OF ANY MATERIALS TO THE WEBSITE OR HOAG; (B) YOUR VIOLATION OF THIS AGREEMENT, ANY APPLICABLE LAWS, OR THE RIGHTS OF HOAG OR ANY THIRD PARTY; OR (C) ANY ACTIVITY RELATED TO YOUR ACCOUNT OR PASSWORD, IF ANY.
Hoag reserves the right, in its sole discretion, to terminate your access to all or part of the Websites, with or without cause, and with or without notice. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect. These Terms constitute the entire agreement between Hoag and you pertaining to the subject matter hereof. In its sole discretion, Hoag may from time-to-time revise these Terms by updating this posting. You should, therefore, periodically visit this page to review the current Terms, so you are aware of any such revisions to which you are bound. Your continued use of the Websites after revisions to these Terms shall constitute your agreement to the revised Terms. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within the Websites.
Pursuant to California Civil Code Section 1789.3, users are entitled to the following specific consumer rights notice:
The name, address and telephone number of the provider of the Websites is Hoag Memorial Hospital Presbyterian, One Hoag Drive, P.O. Box 6100, Newport Beach, CA 92658-6100, phone 949-764-HOAG (4624). Complaints regarding the Websites or content or requests to receive further information regarding use of the Websites or content may be sent to the above address or to feedback@hoag.org.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834 or by telephone at 800-952-5210.
When you sign up for text messages from Hoag, you are signing up to receive text messages related to your relationship with Hoag and its entities, including updates related to your visits, MyChart account, one-time passcode, billing notifications, prescription reminders, security alerts, patient education, and care management. You can opt-out of SMS messages by texting STOP when you receive a message from Hoag. Your opt-out request will generate one final message confirming that you have been unsubscribed. You will no longer receive SMS messages from the number you opted out from. If you want to join again, sign up using Hoag MyChart or text HELP to the number you opted out from for instructions.
If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at (949) 629-4702 or by email to Member.Services@Hoag.org. Carriers are not liable for delayed or undelivered messages.
Message and data rates may apply for any messages sent to you from us and to us from you. Message frequency may vary. Our Notice of Privacy Practices is available at www.hoag.org/legal/hipaa. You may contact us at (949) 629-4702 or email Member.Services@Hoag.org if you need assistance.
Hoag Memorial Hospital Presbyterian
For any questions related to Hoag support, you may contact us at feedback@hoag.org, or Hoag Memorial Hospital Presbyterian, One Hoag Drive, P.O. Box 6100, Newport Beach, CA 92658-6100, Phone: 949-764-HOAG (4624).