In consideration of the User's access to this Website, and such other benefits as indicated herein, the User agrees to the following:
User will not republish material from this Website (including republication on another website); sell, rent or sub-license material; show any material from the Website in public; reproduce, duplicate, copy or otherwise exploit material from this Website for a commercial purpose; edit or otherwise modify any material; redistribute material except for content specifically and expressly made available for redistribution (where content is specifically made available for redistribution, it may only be redistributed within User's organization); use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without AxisPoint Health's express written consent; use this Website to transmit or send unsolicited commercial communications; or use this Website for any purpose related to marketing without AxisPoint Health's express written consent.
Although AxisPoint Health attempts to ensure the integrity and accuracy of the content on the Website, it does not extend an express or implied warranty as to the correctness or accuracy of Website content. It is possible that the Website and its content may include inaccuracies or errors In the event the User identifies an inaccuracy, please inform AxisPoint Health so the error or inaccuracy may be corrected. AXISPOINT HEALTH DOES NOT MAKE ANY WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE WEBSITE OR ANY CONTENT OR INFORMATION CONTAINED WITHIN IT BEYOND GUARANTEES ESTABLISHED WITH IN FORCE AGREEMENTS BETWEEN CLIENT AND AXISPOINT HEALTH. Website content may be changed or updated without notice. AxisPoint Health reserves the right to modify Website content without any obligation to notify past, current or prospective Website Users.
AXISPOINT HEALTH DOES NOT WARRANT AGAINST HUMAN OR MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. AXISPOINT HEALTH DOES NOT GUARANTEE OR WARRANT THIS WEBSITE TO BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER MALICIOUS CODE. AXISPOINT HEALTH DOES NOT WARRANT OR GUARANTEE THE FUNCTIONS OR SERVICES PERFORMED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED.
THIS WEBSITE IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AND DISCLAIMS ALL SUCH WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT AND ALL WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE.
User acknowledges and agrees (1) that use of this Website and any material, information, data or software downloaded or otherwise obtained through the use of this Website is at Users own discretion and risk, and (2) that User is solely responsible for any damage to its computer system for loss of data that results from the download of such material, information, data, software and for any other form of damage that may be incurred. No advice or information, whether oral or written, obtained by User from AxisPoint Health or in any other manner from this Website creates any warranty.
AXISPOINT HEALTH, ITS AFFILIATES, RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ASSIGNS ARE NOT RESPONSIBLE OR LIABLE TO USER OR ANY THIRD PARTY UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH USERS' ACCESS OR USE OF THE WEBSITE OR USE OF ANY OF ITS CONTENT, SOFTWARE OR SERVICES. AXISPOINT HEALTH, ITS AFFILIATES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ASSIGNS ARE NOT LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY KIND ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE AND/OR ANY CONTENT OR SOFTWARE ON THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AXISPOINT HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USERS' SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR ANY DAMAGE RESULTING FROM THE WEBSITE IS TO STOP USING THE WEBSITE, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, AND THEREFORE SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO USER.
User may only be permitted to use protected health information ("PHI") as defined in the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the privacy regulations in 45 CFR Parts 160 and 164 (the "HIPAA Regulations"), and only in accordance with a separate written agreement between the User and AxisPoint Health. The User may not use or disclose PHI in a manner that would violate requirements of HIPAA, and User agrees and acknowledges that it has previously entered into a Business Associate Agreement with AxisPoint Health, or will enter into a Business Associate Agreement before accessing PHI on this Website.
Access to certain areas of this Website is restricted. AxisPoint Health reserves the right to restrict access to any area of this Website, or to the entire website, in its discretion. If User is provided with a user ID and password to enable it to access restricted areas of this Website or other content or services, User must ensure the confidentiality of the User ID and password. AxisPoint Health may disable the User ID and password in its sole discretion without notice or explanation. User should carefully choose, use, and save any password for any private/limited access portion of this Website or portal. AxisPoint Health may not exercise control over the use of passwords, and cannot tell whether someone else is accessing the Website under Users password. As a result User is solely responsible for any use of its password or other login information by User or any third party. AxisPoint Health has no responsibility or liability for any such use.
AxisPoint Health has no liability for any third party website that may be accessed by User through this Website. If User accesses a third party website, it is independent from AxisPoint Health, and AxisPoint Health has no control over the Website or its content. In addition, AxisPoint Health does not endorse any third party whose Website may be linked to or from this Website. AxisPoint Health does not ensure that the propriety, security or accuracy of any third party website and encourages User to review the posted policies of any website visited.