GerberAmbulance.com Terms of Use

The following Terms of Use outline your obligations when using the Gerber Ambulance website. You can also review our Privacy Policy, which outlines our obligations and practices towards handling any personal information that you may provide to us.

If you have any questions about this policy, please contact us.

ACCEPTANCE OF TERMS

  • The web pages available at GerberAmbulance.com, and all linked pages ("Site"), are owned and operated by Gerber Ambulance Company, Inc. ("Gerber Ambulance"), a California corporation, and is accessed by you under the Terms of Use described below ("Terms of Use").

  • PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. GERBER AMBULANCE'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY GERBER AMBULANCE, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

USE OF SITE

  • You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about Gerber Ambulance services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Gerber Ambulance reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.

COPYRIGHT

  • The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to Gerber Ambulance or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by Gerber Ambulance or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by Gerber Ambulance, for example in certain password-restricted areas of the Site). You may not manipulate or alter in any way images or other Content on the Site.

LINKS TO THIRD-PARTY WEB SITES

  • Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Gerber Ambulance of the third party, the third-party web site, or the information contained therein. Gerber Ambulance is not responsible for the availability of any such web sites. Gerber Ambulance is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of Gerber Ambulance affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.

LINKING TO THIS SITE

  • Unless specifically authorized by Gerber Ambulance, you may not connect “deep links” to the Site, i.e, create links to this site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Gerber Ambulance reserves the right to bar any such activity.

DISCLAIMERS

  • GERBER AMBULANCE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. GERBER AMBULANCE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. GERBER AMBULANCE DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. GERBER AMBULANCE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

LIMITATION OF LIABILITY

  • IN NO EVENT WILL GERBER AMBULANCE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF GERBER AMBULANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, GERBER AMBULANCE'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

INDEMNIFICATION

  • You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Gerber Ambulance, its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

USER CONDUCT

  • You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

USER SUPPLIED INFORMATION

  • Gerber Ambulance does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site (each a "Submission" or collectively "Submissions") will be considered non confidential and non proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give Gerber Ambulance the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

ENTIRE AGREEMENT / NO WAIVER

  • These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Gerber Ambulance of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

CORRECTION OF ERRORS AND INACCURACIES

  • The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Gerber Ambulance therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Gerber Ambulance does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

ENFORCEMENT / CHOICE OF LAW / CHOICE OF FORUM

  • You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Los Angeles County, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Gerber Ambulance and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

FEEDBACK AND INFORMATION

  • Any feedback you provide at this site shall be deemed to be non-confidential. Gerber Ambulance shall be free to use such information on an unrestricted basis.

VIOLATION OF THE TERMS OF USE

  • Gerber Ambulance may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Gerber Ambulance’s rights or property, or the rights or property of visitors to or users of the Site, including Gerber Ambulance’s customers. Gerber Ambulance reserves the right at all times to disclose any information that Gerber Ambulance deems necessary to comply with any applicable law, regulation, legal process or governmental request. Gerber Ambulance also may disclose your information when Gerber Ambulance determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that Gerber Ambulance may preserve any transmittal or communication by you with Gerber Ambulance through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Gerber Ambulance determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Gerber Ambulance, its employees, users of or visitors to the Site, and the public. You agree that Gerber Ambulance may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Gerber Ambulance, for which monetary damages would be inadequate, and you consent to Gerber Ambulance obtaining any injunctive or equitable relief that Gerber Ambulance deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Gerber Ambulance may have at law or in equity.

Privacy Policy

  • Gerber Ambulance’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Gerber Ambulance’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Notice Drafted 12/11/2009. Updated 3/15/2010.