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TERMS AND CONDITIONS OF USE

This PeaceHealth My PeaceHealth website (the “Site”) is an Internet-based online information and communication service. It is made available to you by PeaceHealth (the terms “us” “we” or “our” shall refer to PeaceHealth ). BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SITE.

Section 1. General Disclaimer; No Medical Advice.

The content contained on this site is presented for the purpose of educating consumers on wellness and disease management topics and to assist you with the management of your healthcare and your family's healthcare. Nothing contained in this site is intended to be used for medical diagnosis or treatment. The information should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE. The information contained in the Site is compiled from a variety of sources including you, you physicians, and the content providers who provide general medical information ( "Content Provider"). Content Providers do not directly or indirectly practice medicine or dispense medical services as part of the Site.

Section 2. No Warranty.

ALL OF THE Services AND Information accessed through THE SITE (the "SERVICES") ARE provided "AS IS" without warranty, express or implied. We hereby exclude all implied warranties of merchantability and fitness for a particular use or purpose with respect to the Services. There are no express warranties made as a part of this Agreement. We And OUR Content Providers make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Services. We And Our Content Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. We And OUR Content Providers cannot and do not guarantee or warrant that files available for downloading from this online site will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. We and Our Content Providers do not warrant or guarantee that the functions or Services performed in the Site will be uninterrupted or error-free. Users of the Site are responsible for (1) implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output and (2) maintaining a means external to the Site for the reconstruction of any lost data.

Section 3. Use of Content; Ownership

The entire contents of the Site constitute a collective work protected under the copyright laws of United States and other copyright laws. You may view, display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Site solely for your own non-commercial use, unless otherwise permitted. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded or printed from the Site. Unauthorized use of the content may violate copyright, trademark, and other laws. None of the content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photoreproduction, recordation or otherwise), resold or redistributed without our prior written consent.

Section 4. User and Member Representations.

You represent and warrant to our Content Providers and us that: you are at least 18 years of age; you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement; you shall be financially responsible for your use of the Site (as well as for use of your account by others, including minors living with you); and you shall comply with your responsibilities and obligations as stated in this Agreement.

Section 5. Limitation of Liability; Waiver; and Release.

YOU AGREE THAT NEITHER WE, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS, OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON OUR NEGLIGENCE, OR THE NEGLIGENCE OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE.

Section 6. Indemnity.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR SERVICE ACCOUNT.

Section 7. Third Party Beneficiary

The provisions of paragraphs (Waiver,Release and Limitation of Liability) and (Indemnification) are for the benefit of us and our officers, directors, employees, agents, licensors, suppliers, customers and Content Providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Section 8. Requirements for Use and Participation.

You acknowledge and agree to comply with the following requirements for use of My PeaceHealth: Do not use My PeaceHealth to communicate urgent messages. If you have an urgent message, call your provider's office directly; in an emergency, call 911. PeaceHealth will not share information exchanged on My PeaceHealth without your premission, except under certain curcumstances required or permitted by law. Information about you on My PeaceHealth is stored on secured servers. If you feel that My PeaceHealth is not serving your needs, you may cancel at any time. Contact Us and inactivate your account in My PeaceHealth. My PeaceHealth communications are done over the internet using encryption technology to protect the confidentiality of your communications. Although this is an extremely secure method of communication, software errors (bugs ), human errors, and computer problems could potentially result in a breach of confidentiality. If this were to occur, you could be at risk for the information contained in your responses, or in your providers' responses, becoming known to outside parties. All communications using My PeaceHealth ( both initiated by you and initiated by your providers ) are part of your permanent medical record. This information is generally held as confidential, but will be typically released at your request, and under certain circumstances, such as in response to a legal subpoena. Please remember that if you have medical insurance, you have likely signed a release giving your insurance company permission to request your medical records. In sending messages via My PeaceHealth, please use discretion if there is information that you would not want to see appear in your permanent medical record. Your information is protected by a password. If you choose a password that could easily be guessed, or if you allow your password to become known by other people, the information in My PeaceHealth could become known to outside parties. Unauthorized parties may guess even a carefully chosen password, and this may allow information in My PeaceHealth to become known to outside parties. Any unauthorized person in your physician's practice or coverage group may read communications sent to My PeaceHealth. You should not assume that only your physician will see messages sent using My PeaceHealth. The general medical information accessed through My PeaceHealth on specific health topics, either through the PeaceHealth website or through another website referenced by your physician, should not be used in place of more direct communication with your physician or other members or your health care team. You can review the PeaceHealth Privacy Policy as it relates to content