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Your Account Profile, Access and Use of the Site
Medical Records Storage
You may have the opportunity to access healthcare records and information through the Site ("Your Records").You hereby grant Centura Health, our employees, officers, directors, agents, and contractors, and all other persons or entities involved in the operation of this Site, the right to access, transmit, receive, monitor, retrieve, store, maintain, and use Your Records in connection with the establishment and maintenance of your Centura Health account to provide the Services and operate the Site. You are also responsible for reviewing your account information as well as any documents produced by Centura Health.
Disclaimer, Warranties and Limitation of Liability
THE SERVICES AND ANY INFORMATION CONTAINED ON THE SITE OR PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. WE WILL REGARD ALL ACCESS TO AND USE OF THIS SITE AS VOLUNTARY AND AT THE SOLE RISK OF THE USER. WE DO NOT MAKE ANY 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 SERVICES, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE SERVICES OR ON THE SITE GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
Children’s PrivacyWe are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children, or anyone under the age of 18. Parents and authorized legal guardians may utilize the Site as provided herein.
Governing Law and Venue
This Agreement is entered into between You and Centura Health in the State of Colorado, and is performed within the State of Colorado and governed by and shall be construed in all respects under the laws of the State of Colorado, exclusive of its choice of law or conflict of laws provisions. In any claim or action by You directly or indirectly arising under this Agreement or related to the Services, You irrevocably agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Denver County, Colorado. You waive any jurisdictional, venue or inconvenient forum objections to such court. If any of the provisions of this Agreement are held to be unenforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
Rights, Remedy, and Termination of Services
Centura Health may, in its sole discretion, terminate your access to the Services, or any portion thereof, or discontinue providing the Site, or any portion thereof. Centura Health may notify You that You have breached the Agreement and your account is being terminated. These actions are in addition to and not in lieu or limitation of any other right or remedy Centura Health may have available at law. Further, Centura Health shall not be liable to You or any third party for any such termination or discontinuance.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CENTURA HEALTH SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR INJURY, ILLNESS, DISABILITY, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CENTURA HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CENTURA HEALTH EXCEED THE TOTAL AMOUNT OF FEES PREVIOUSLY PAID BY YOU TO CENTURA HEALTH RELATING TO THE AFFECTED SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The materials on the Site are copyrighted by Centura Health and/or other applicable rights holders. You acknowledge and agree that the Site and any necessary software used in connection with the Site ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any content contained in sponsor advertisements or information presented to You through the Site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Centura Health or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part. You may download and reprint a single copy of the materials from the Site and/or the Services for your own personal, noncommercial use only, provided You include all applicable notices and disclaimers. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by Centura Health for use in accessing the Site. You shall not, in whole or in part, adapt, translate, modify, decompile, reverse engineer, or disassemble the Site, merge the Site into other program material, nor shall You otherwise create or attempt to obtain the source code of the Software.
You and Centura Health
Questions or comments regarding the Site should be directed to Centura Health at:188 Inverness Drive West, Suite 500 Englewood, CO 80112 Phone Number: 303-290-6500
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