Without limiting any other statement or term herein, you also represent, acknowledge, and/or agree that the following applies each time you access or use the Website(s):
- NO WARRANTIES. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING FROM THE WEBSITE(S), AND SPECIFICALLY DISCLAIM THAT ACCESS TO THE WEBSITE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY FOR THE CONNECTION TO THE WEBSITE YOU USE.
- INFORMATION WE COLLECT ABOUT YOU. We may collect information from you in connection with your use of the Website(s), including information about your affiliation with a hospital, medical group, or other entity, and/or your relationship with a particular patient to whom we may be providing services. You promise that all information you provide to us is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete. By providing information to us, you represent and warrant that you are authorized or entitled to submit the information, that you are doing so voluntarily and not in violation of any contractual restrictions or third-party rights.
COMPLIANCE WITH LAW. You agree to comply with all applicable local, state, national, and international laws in connection with your use of the Websites, and such further limitations as may be set forth in any written or on-screen notice from us, and specifically that you will not (a) stalk, harass, or harm another individual or user; (b) access, collect, or store personal data about other users, patients, or persons unless lawfully authorized to do so; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (d) interfere with or disrupt the servers or networks connected to the Website(s) or disobey any requirements, procedures, policies or regulations of networks connected to them; (e) attempt to gain unauthorized access to any portion of the Website(s) or any other accounts, whether through hacking, password mining, or any other means; and/or (f) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
- NO INTERFERENCE WITH SECURITY. By using the Website(s), you further agree not to violate or attempt to violate the security of any of the Websites, including, by way of illustration but not limitation, actions such as accessing data not intended for you or logging into a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” any of the Websites; sending unsolicited email, including promotions and/or advertising of products or services; and forging any TCP/IP packet header or any part of the header information in any email or posting.
- USER FEEDBACK. Any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to us, whether through a Website, e-mail, facsimile, postal mail or other means, shall be and remain our exclusive property of. Your submission of any such Comments shall constitute an irrevocable assignment to us of any and all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. As such, we and any of our affiliates will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments which you do not intend to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
- THIRD-PARTY WEBSITES. Our websites contain hyperlinks (“links”) to websites operated by persons or entities other than us (“third-party Websites”). We provide such links for your reference and convenience only. A link from one of our Websites to a third-party Website does not imply or mean that we endorse the content on that third-party Website or its operator or operations. You are solely responsible for your use of any content at any third-party Website to which you might link from one of our Websites. CORVISTA HEALTH, INC. IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE.
- INDEMNITY. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CORVISTA HEALTH, INC. AND ITS AFFILIATES, PARENT COMPANY, SUCCESSORS AND ASSIGNS, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS OR OTHER PARTNERS FROM AND AGAINST ANY AND ALL ALLEGATIONS, CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, PROCEEDINGS (WHETHER THREATENED OR PENDING), ORDERS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES AND OTHER LEGAL EXPENSES, AND JUDGMENTS OF ANY KIND OF NATURE, INCURRED BY US ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITES, YOUR VIOLATION OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
- LIMITED TIME TO BRING CLAIMS. Where permitted by law, you and we agree that any cause of action arising out of or related to the Website(s) must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- LIMITATION OF LIABILITY. YOU UNDERSTAND THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL CORVISTA HEALTH, INC. OR ANY OF OUR OWNERS, SUBSIDIARIES, AFFILIATED COMPANIES, EMPLOYEES, SHAREHOLDERS, OR DIRECTORS BE CUMULATIVELY LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, and as a result some of the above disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under applicable law.
- MUTUAL RIGHTS OF TERMINATION. You may terminate this Agreement, for any or no reason, at any time, upon notice to us. We may terminate, modify, restrict, or suspend your use of the Websites, your account, and/or your registration (including, for the avoidance of doubt, your use of the Portal and your account and registration with us via the Portal) without notice for any reason at any time. You understand that termination of your Agreement with us and your account will not entitle you to any refund and may involve deletion of your information and any content you uploaded using such Account. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITES (INCLUDING WITHOUT LIMITATION THE PORTAL, AS APPLICABLE) OR DELETION OF YOUR ACCOUNT OR CONTENT UPLOADED BY YOU. OTHER AGREEMENTS WITH CORVISTA HEALTH, INC. MAY CONTAIN DIFFERENT TERMINATION PROVISIONS FOR A GIVEN SERVICE. IN SUCH CASES, TERMINATION PROVISIONS WITHIN OTHER AGREEMENTS SHALL GOVERN THE TERMINATION OF THOSE SERVICES.
- DISPUTE RESOLUTION. YOU AND CORVISTA HEALTH, INC. AGREE THAT ALL CLAIMS ARISING OUT OF, OR RELATED TO, THIS AGREEMENT MUST BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION LOCATED IN RALEIGH, NORTH CAROLINA, U.S.A. AS ADMINISTERED BY AS ADMINISTERED BY AAA AND GOVERNED BY THE FEDERAL ARBITRATION ACT, except that only one (1) arbitrator shall be appointed to preside over the dispute and discovery will be limited to the exchange of directly relevant documents and two (2) fact witness depositions, absent a showing of good cause and order thereon by the arbitrator.” YOU AND CORVISTA HEALTH, INC. AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS LOCATED WITHIN RALEIGH, NORTH CAROLINA FOR THE PURPOSE OF LITIGATING ANY REFUSAL TO ARBITRATE. NOTWITHSTANDING THE ABOVE, YOU AGREE THAT CORVISTA HEALTH, INC. SHALL STILL BE ALLOWED TO APPLY FOR INJUNCTIVE REMEDIES (OR AN EQUIVALENT TYPE OF URGENT LEGAL RELIEF) IN ANY JURISDICTION. IN NO EVENT SHALL YOU SEEK OR BE ENTITLED TO RESCISSION, INJUNCTIVE OR OTHER EQUITABLE RELIEF, OR TO ENJOIN OR RESTRAIN THE OPERATION OF THE SERVICE, EXPLOITATION OF ANY ADVERTISING OR OTHER MATERIALS ISSUED IN CONNECTION THEREWITH, OR EXPLOITATION OF THE SERVICES OR ANY CONTENT OR OTHER MATERIAL USED OR DISPLAYED THROUGH THE SERVICES.
- NO CLASS OR REPRESENTATIVE ACTIONS. YOU AGREE THAT YOU AND CORVISTA HEALTH, INC. ARE EACH WAIVING ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless otherwise agreed, any arbitrator appointed may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding absent our express agreement and the express agreement of all parties.
- NOTICES AND COMMUNICATIONS. We may notify you via postings on www.corvista.com. You may contact us at [email protected].
CorVista Health, Inc. is the owner and/or authorized user of any trademark, registered trademark and/or service mark, trade dress and design appearing on the Websites (including without limitation CORVISTA HEALTH, CORVISTA and related designs and logos), whether or not appearing in large print or with the trademarked symbol, and is the owner or licensee of the copyright rights in the text, images, photographs, graphics, user interface, music, animations, videos and other content and/or information appearing on the Websites as well as the selection, coordination and arrangement of such content, to full extent provided under United States and international laws. By placing such trademarks and content on the Websites, we do not grant any license or other authorization to copy or use its trademarks, registered trademarks, service marks, copyrightable material, or other intellectual property, except as provided herein. Various products or services described on the Websites may carry registered or other trademarked symbols that are the sole property of their respective owners. You may view, print, and download portions of the content and/or information on the Websites solely for your personal, non-commercial use. We reserve the right to revoke this authorization at any time. Reproduction, copying, or redistribution of materials on the Websites for commercial purposes is strictly prohibited without our express written permission. We retain all right, title and interest in and to the patent, copyright, trademark, trade secret and any other intellectual property rights in the Websites and any derivative works thereof, subject only to the limited licenses set forth in this Agreement.
Effective Date: 19 NOVEMBER 2020
© 2020 CorVista Health, Inc. All rights reserved.