Portneuf Health Partners Website Terms and Conditions

Updated July 2016

By accessing and or using the Portneuf Health Partners (Portneuf) website at www.portneuf.org (the “Website”) you agree to comply with and be bound by the terms and conditions set forth below (the “Agreement”). Please read these Terms of Use carefully as well as our Privacy Policy. If you do not agree to them in their entirety, do not access or use the Website.

Acceptance. You agree to the terms and conditions outlined in this Agreement with respect to your use of the Website. This Agreement constitutes the entire and only agreement between you and Portneuf with respect to your use of the Website, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Website.

General. Portneuf reserves the right to modify these Terms of Use at any time without notice, but the most current version of the Terms of Use will always be available to you by clicking on the link at the bottom of the Site. If you find the Terms of Use unacceptable at any time, you must discontinue your use of the Website. By continuing to use the Website after the Effective Date of any change to these Terms of Use, including accessing the Site, you agree to be bound by the rules contained in the most recent version of this Agreement.

The Site Does Not Provide Medical Advice. The contents of the Website, such as text, graphics, images, and other material contained on the Website (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website!

If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any information provided by the Website is solely at your own risk.

Portneuf is not responsible or liable for any claim, loss or damage directly or indirectly resulting from use of, or reliance on the information or resources contained on or accessible through the Website.

License Grant. As a user of the Website, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website and associated Website content, features, tools and applications in accordance with this Agreement. Portneuf may terminate this license at any time for any reason. You may use the Website for your own personal use. Unless otherwise expressly stated herein, no part of the Website or any content contained thereon may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website, Website’s content or any portion thereof. Portneuf reserves any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You may not take any action that imposes an unreasonable or disproportionately large load on Portneuf ‘s infrastructure. Your right to use the Website is not transferable.

Copyright And Other Proprietary Rights. “Content” refers to all elements of the Website, all content, Marks (defined below) audio, video, audio-visual, text, graphics, messages, newsletters in electronic or any other form, artwork, illustrations, images, photographs, data and data Collection tools and applications, information, databases, designs and all other proprietary information and materials, whether or not copyrightable or otherwise legally protectable, tangible or intangible, including the selection, sequence, look and feel and arrangement of items. Content is either our property or owned by our affiliates, licensors, operational service providers or other third parties and is protected under U.S. Federal and State, as Well as any foreign laws, regulations and international treaties that apply. You agree not to reproduce, transmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any other person or entity without the express written consent of Portneuf Health Partners. “Marks” refers to trademarks, service marks, logos, brands and brand names, trade dress and trade names and all other distinctive identification, You may not alter, delete, obscure or conceal any copyright or other notices applicable to Content, impair or attempt to circumvent or alter any digital rights management or other technology, nor use Content or the Website in violation of this Agreement or any laws or regulations. You may not use, store or do anything with Content, unless expressly permitted under this Agreement. You may not use any computerized or automatic mechanism, to access, extract or download any Content or use the Website in an illegal or harmful manner. Portneuf reserves the right to discontinue any aspect of the Website at any time.

Warranty Disclaimer. The Website and Content is provided on an “as is” and “as available” basis. All warranties, whether express or implied are disclaimed to the fullest extent permissible pursuant to applicable law (including, but not limited to, the disclaimer of any warranties of merchantability, non-infringement of intellectual property and/or fitness for a particular purpose). In particular, but not as a limitation thereof, Portneuf Health Partners makes no warranty that: (A) the Website and/or Content will meet your requirements; (B) the Website and for Content will be uninterrupted, timely, secure or error-free; or (C) the results that may be obtained from the use of the Websites and/or Content will be accurate or reliable. The Websites and/or Content may contain bugs, errors, problems or other limitations. We will not be liable for the availability of the underlying internet connection associated with the Website. We hereby disclaim any and all liability for harm resulting from downloading or accessing any content through the Websites including, without limitation, for harm caused by viruses, worms, trojan horses or other similar devices. No advice or information, whether oral or written, obtained by you from Portneuf or through or from the Website and/or Content shall create any warranty not expressly stated in this agreement.

Limitation of Liability. You understand and agree, to the fullest extent permissible by law, neither we nor any affiliate, successor or assignee, nor any of our or their officers, directors, trustees, employees, agents, shall be liable for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising from your use or inability to use the Website and/or Content regardless of the form of action, legal theory or basis of any claim, whether or not any party has been advised of the possibility of damages. lf any limitation of remedy, damages or liability is prohibited or restricted by law, we are entitled to the maximum disclaimers and limitations permitted under this agreement, at law and in equity; however, in no event shall our liability to you for damages or otherwise and your remedy will be equal to the amounts you paid, if any, even if you claim that remedy fails of its essential purpose some jurisdictions do not allow the exclusion of certain warranties or certain limitations on damages and remedies, so some of these exclusions and limitations may not apply to you.

If you have a dispute with us or are dissatisfied with our service or your agreement with us, termination of your use of the Website is your sole right and exclusive remedy, even if that right or remedy is deemed to fail of its essential purpose. You agree we have no other obligation, liability or responsibility to you or any other party. Under no circumstances do we have any obligation to refund any monies you paid us.

Indemnification. You agree to defend, indemnify and hold harmless Portneuf Health Partners, Portneuf Medical Center, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of your violation of these Terms of Use or misuse of the Service or this Site, including such violation or misuses conducted by your employee or agent, if applicable.

Third-Party Websites. The Website may provide links to other internet websites and/or resources. Because Portneuf has no control over such third-party websites and/or resources, you hereby acknowledge and agree that Portneuf  is not responsible for the availability of such third party websites and/or resources. Furthermore, Portneuf does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, data collection, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom. By clicking on links, you expressly relieve Portneuf from any and all liability arising from your use of any third-party website, from the content of any third-party website, or from data collected about you or your internet usage by such third-party website.

User Obligations. In consideration of your use of the Website, you represent that you are of legal age to form a binding contract under the laws of the United States or other applicable jurisdiction.

Choice of Law. Your use of the Website and this Agreement is governed and will be enforced under the laws of the State of Idaho applicable to contracts made, executed and wholly performed in Idaho. You unconditionally and irrevocably submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of Idaho and you will not object on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. You agree printed copies of any and all agreements and/or notices in electronic form are admissible in any legal or regulatory proceedings.

Miscellaneous. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. Portneuf ‘s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Any cause of action which you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

Questions. If you have any questions, please visit our “Contact Us” page.

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