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Disclaimer

REGIONAL WEST MEDICAL CENTER
ON-LINE SERVICE AGREEMENT
TERMS OF USE


ACCEPTANCE OF TERMS THROUGH USE

Regional West Medical Center and  its affiliates ("RWMC") have created this Site for the convenience of its patients.  By using this Site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use").  If you do not agree to these Terms of Use please do not use this Site.  We reserve the right, at our discretion, to update or revise these Terms of Use.  Please check the Terms of Use periodically for changes.  Your continued use of this Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

AGREEMENT TO RULES OF USER CONDUCT

You agree to abide by the RWMC Rules of User Conduct, including but not limited to, agreeing not to use this Site for any unlawful purpose.  A copy of the Rules of Conduct, which you should review, can be found below.

THIRD-PARTY SITES

This Site may from time to time provide links and pointers to Internet Sites of third parties ("Third-Party Sites"). These links and pointers to Third-Party Sites are provided as a convenience only. RWMC has not reviewed, and does not operate or control in any respect, any information, products, or services available on Third-Party Sites, and RWMC is not responsible for any information provided at any Third-Party Sites. RWMC makes no representations and provides no warranties whatsoever concerning Third-Party Sites. The fact that RWMC has provided a link to any Third-Party Site on this WebSite does not constitute an endorsement, authorization, sponsorship, or affiliation by RWMC with respect to such Third-Party Site or its owners or providers, or any products or services mentioned or offered at the Third-Party Site. RWMC expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by, advertised on, or sold through, all Third-Party Sites.  Further, RCMC disclaims any responsibility for the privacy or security of any information exchanged in conjunction with the use of any Third-Party Site.

PROPRIETARY RIGHTS

You acknowledge and agree that all content and materials available on this Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws.  Except as expressly authorized by RWMC, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.  Notwithstanding the above, you may print or download one copy of the materials or content on this Site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.  Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from RWMC is prohibited.  In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this Site is strictly prohibited without the express written permission of RWMC.  Permission is granted only when certain limited criteria are met.  For information on requesting such permission, please contact: Webmaster at the Marketing and PR Department.

MEDICAL INFORMATION DISCLAIMER

The information contained in this Web Site is presented for the purpose of educating consumers on wellness and disease management topics.  Nothing is intended to be instructional 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.  It should not be used in place of a visit, call, consultation or the advice of your physician or other qualified health care provider.  Information obtained in this Web Site is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment.  Should you have any health care related questions, please call or see your physician or other qualified health care provider promptly.  Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program.  You should never disregard medical advice or delay in seeking it because of something you have read on this Web Site.

The information contained in this Web Site is compiled from a variety of sources.  Neither RWMC nor its information providers directly or indirectly practice medicine or dispense medical services as part of this information service.

DISCLAIMER OF WARRANTIES

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE.  THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.  RWMC, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK.  BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL RWHS, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE.  THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF RWMC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, RWMC'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION

Upon a request by RWMC, you agree to defend, indemnify, and hold harmless RWMC and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Site.  RWMC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with RWMC in asserting any available defenses.

CONTENT

Statements made in Web Sites, newsgroups, message boards, e-mail, forums, conferences and chats reflect only the views of their authors.  Forum managers, forum hosts, or Merchants appearing on RWMC are not authorized RWMC spokespersons, and their views do not necessarily reflect those of RWMC.

LICENSES AND IDEA SUBMISSIONS

You agree to grant to RWMC a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of RWMC (such as BBSs, forums and chat rooms) by all means and in any media now known or hereafter developed.  You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information.  You agree that you shall have no recourse against RWMC for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.


THIRD PARTY RIGHTS

The provisions of the Sections entitled Medical Information Disclaimer, Disclaimer of Warranties, Limitation of Liability and Indemnification are for the benefit of RWMC and its officers, directors, employees, agents, licensors, suppliers, and information providers.  Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

INTERNATIONAL USE

 RWMC makes no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.  Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

LIMITED LICENSE

By this Agreement, RWMC grants, subject to the terms of this Agreement, only a limited, non-transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use RWMC in real time and to use the materials on this Web Site in a manner consistent with this Agreement. 

CHOICE OF LAW AND FORUM

These Terms of Use shall be governed by and construed in accordance with the laws of the state of Nebraska, excluding its conflicts of law rules.  You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site shall be filed only in the state or federal courts located in the state of Nebraska, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and RWMC with respect to this Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and RWMC with respect to this Site.  If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.


NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE.

Any software that is made available to download from this server ("Software") is the copyrighted work of RWMC and/or its suppliers.  Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement").  An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the terms of the License Agreement.

The Software is made available for downloading solely for use by end users according to the License Agreement.  Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties.  Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.  EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, RWMC CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

RESTRICTED RIGHTS LEGEND. 

Any Software which is downloaded from this Server for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights.  Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (C)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (C)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.  Manufacturer is MedSeek.

NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEBSITE.

IN NO EVENT SHALL RWMC AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS SERVER.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

Pursuant to Title 17, United States Code, Section 512(C)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent.  All inquiries not relevant to the following procedure will not receive a response.
For more information click contact: Webmaster at (308) 630-1269.

TERMINATION

RWMC reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice.


 
RULES OF USE


By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:

1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates RWMC's rules or policies;
2. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
3. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
4. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
5. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
6. impersonates any person or entity, including any employee or representative of RWMC.

You also agree that you will not harvest or collect information about the users or members of this Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications.

RWMC generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Site.  However, RWMC and its agents have the right, at their sole discretion, to remove any content that, in RWMC's judgment, does not comply with the Rules of User Conduct or is otherwise harmful, objectionable, or inaccurate. RWMC is not responsible for any failure or delay in removing such content.

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