Central California Alliance for Health Website
AGREEMENT BETWEEN USER AND CENTRAL CALIFORNIA ALLIANCE FOR HEALTH
The Central California Alliance for Health (“The Alliance”) Web Site is comprised of various web sites and web pages operated by the Alliance or its contractors (collectively, “The Alliance Web Site”).
The Alliance Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained in this agreement. Your use of the Alliance Web Site constitutes your agreement to all such terms, conditions and notices.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a particular Alliance site/services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Alliance immediately of any unauthorized use of your account or any other breach of security. The Alliance will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Alliance or another party due to someone else using your account or password. Under HIPAA privacy regulations, effective April 14, 2003, you may not use anyone else’s account at any time.
PERSONAL AND NON-COMMERCIAL USER LIMITATION
Unless otherwise specified, the Alliance site/services are for your use as an agent of your employer only. Any and all patient-specific data is confidential. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Alliance site/services. Patient-specific data is protected by Federal and State laws and regulations and by this agreement.
USE OF SERVICES
The Alliance site/services may contain data transmission services, bulletin board services, chat areas, forums, and/or other message or communication facilities designed to enable you to communicate with others (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service.
The information, software, products, and services included in or available through the Alliance sites/services may include inaccuracies or typographical errors. Changes are periodically made to the Alliance sites/services and the information therein. The Alliance and/or its respective suppliers may make improvements and/or changes in the Alliance sites/services at any time. Advice received via the Alliance sites/services should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
The Alliance and/or its suppliers make no presentations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the Alliance sites/services for any purpose. All such information, software, products, services and related graphics are provided “as is” without warranty of any kind. The Alliance and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.
You specifically agree that the Alliance shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through an Alliance site/services. You specifically agree that the Alliance is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that the Alliance is not responsible for any content sent using, and/or included, in an Alliance site/services by any third party.
In no event shall the Alliance and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever including, without limitation, performance of the Alliance sites/services, with the delay or inability to use the Alliance sites/services, or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Alliance sites/services, or otherwise arising out of the use of the Alliance sites/services, whether based on contract, tort, negligence, strict liability or otherwise, even if the Alliance or any of its suppliers has been advised of the possibility of damages. As some states/jurisdictions do not allow the exclusion or limitation of liability or otherwise, even if the Alliance or any of its suppliers has been advised of limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Alliance sites/services, or with any of these terms or use, your sole and exclusive remedy is to discontinue using the Alliance sites/services.
GENERAL TERMS REGARDING USE AND STORAGE
You agree that the Alliance may establish limits concerning use of any service offered on an Alliance Website, including without limitation, the maximum disk space that will be allotted on the Alliance’s servers on your behalf, and the maximum number of times and duration you may access the service in a given period of time.
You agree that the Alliance has no responsibility or liability for the deletion, corruption or failure to store any content maintained or transmitted by the service. You acknowledge that the Alliance reserves the right to delete accounts that are inactive for a period of time.
THE ALLIANCE MAKES NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
SERVICE CONTACT: 831.430.5500
The Alliance reserves the right, in its sole discretion, to terminate your access to any or all Alliance site/services and the related services or any portion thereof at any time, without notice, though an attempt will be made to provide notice.
The Alliance may also terminate or suspend your access to the Alliance site/services for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by the Alliance. Upon termination of the Alliance site/services, your right to use the Alliance site/services immediately ceases.
The laws of the State of California, U.S.A., govern this agreement. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Santa Cruz County, California, U.S.A., in all disputes arising out of or relating to the use of the Alliance site/services. Use of the Alliance site/services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Alliance as a result of this agreement or use of the Alliance site/services. You agree to indemnify and hold the Alliance, its subsidiaries, affiliates, officers and employees harmless from any claim, demand, or damage, including reasonable attorney’s fees asserted by any third party due to, or arising out of, your use of or conduct on the Alliance site/services. The Alliance reserves the right to disclose any personal information about you or your use of the Alliance site/services, including its contents, without your prior permission if the Alliance has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of the Alliance or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. The Alliance’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Alliance’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Alliance site/services or information provided to or gathered by the Alliance with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Alliance with respect to the Alliance site/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and the Alliance with respect to the Alliance site/services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.