TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS carefully before using this website (the “Site”). These Terms and Conditions may have changed since your last visit to this Site. This Site and the related services are provided by CereCore (“CereCore”) and/or its Affiliates (for purposes of these Terms and Conditions, “Affiliate” means any individual or entity that directly or indirectly controls, is controlled by, or is under common control with CereCore) subject to your compliance with the Terms and Conditions. These Terms and Conditions apply to all visits and use of the Site, as well as to the content, information, recommendations and/or services provided to you on or through the Site. By accessing and using the Site, you signify your consent to these Terms and Conditions in their entirety. If you do not agree to be bound by these Terms and Conditions in their entirety please leave the Site.
1. Use of Site. The information contained within this Site is offered solely for your consideration, and is subject to your verification. It is not to be taken as a warranty or representation for which CereCore or any of its Affiliates assumes legal responsibility, nor does CereCore grant permission to use or practice anything contained therein, nor recommends such use or practice.
This Site is not intended to be a substitute for professional medical advice. Do not use information from this Site to diagnose or treat a health condition or disease without consulting a qualified health care provider. There is no physician-patient relationship between you and CereCore or its Affiliates arising solely by virtue of the Site. Never disregard professional medical advice or delay seeking it because of something you have read on the Site. Do not use the Site for medical emergency services. In an emergency, call 911, your personal physician and/or your local emergency assistance number.
2. Description of Site/Minimum Age Requirement. This Site is an online information service offered by CereCore providing information about CereCore and its Affiliates’ goods and services. This Site is not intended for users under the age of 13, and does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to this Site, and from using portions of the Site for which registration is required.
3. Ownership of Site and Content Therein.
Copyright © 2019 CereCore. All rights reserved.
This Site, and the information which it contains, is the property of CereCore and/or its Affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws.
The contents of this Site may be viewed and accessed only for your personal, non-commercial use, provided that all copyright and other proprietary notices are retained on any copies made of the materials. The materials at this Site may not be modified in any way, and may not be reproduced, distributed or used for any public or commercial purpose unless expressly permitted by CereCore in writing. Any use of the materials on this Site for any other purpose is prohibited. Nothing herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark or other proprietary interest of CereCore, or third parties. If you breach any of these terms, your authorization to use this Site is terminated and you must immediately destroy any downloaded or printed materials.
4. Trademark. All trademarks, service marks and trade names of CereCore and its Affiliates used herein (including but not limited to: HCA, HealthTrust, Parallon, Parallon Business Performance Group, Parallon Business Solutions, Parallon Supply Chain Solutions, Parallon Workforce Solutions, Parallon Workforce Management Solutions, Revenue Cycle Point Solutions) (“CereCore Trademarks”) are trademarks or registered trademarks of HCA Holdings, Inc., CereCore or its Affiliates, unless stated otherwise. You may not use or display CereCore Trademarks for any purpose, including but not limited to, in advertising or publicity pertaining to distribution of materials on this Site, without CereCore’s prior written consent.
Any other trademarks appearing on third party pages linked to by this site are the property of the respective owners and/or operators of those sites.
5. Links to Other Websites. If there are links to third party websites on this Site, they are provided solely as a convenience. If you use these links, you will leave this Site. CereCore does not claim to have reviewed these third party websites in their entirety, nor does it control these websites. CereCore is not responsible for any of these websites or their content. CereCore is not responsible for any charges or fees associated with financial transactions that may occur on or through a third party website. Moreover, CereCore does not endorse or make any representations about any of the websites for which links are provided, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk. The mention of specific products, processes, or services on this Site does not constitute or imply a recommendation or endorsement by CereCore under any circumstances.
The storage or reproduction of (a part of) the Site in any external internet site or the creation of links, hypertext, or deeplinks between this Site and any other internet website, is prohibited without the express written consent of CereCore.
6. Physicians. If physicians are displayed on this Site, they (1) are credentialed to treat patients at our Affiliates’ facilities and to the best of CereCore’s knowledge are in good standing, and (2) can be found in an alphabetical listing or searched based on individual patient needs or preferences. When the search tool is used, physicians are presented randomly based on location to the searcher. Physicians employed by the parent company of the hospital may appear before other physicians.
7. Disclaimer. YOU AGREE TO ASSUME THE RISK OF ACCESSING AND USING THIS SITE. THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION ON THE SITE IS FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE ADVICE.
CERECORE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION CONTAINED IN THE SITE IS ACCURATE, COMPLETE OR CURRENT, OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. CERECORE DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, IN EACH CASE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. INFORMATION PUBLISHED AT THIS SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR REGION.
YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE IS TO CEASE USE OF THE SITE.
CERECORE RESERVES THE RIGHT TO SUSPEND OR WITHDRAW THE WHOLE OR ANY PART OF THE SITE AT ANY TIME WITHOUT NOTICE WITHOUT INCURRING ANY LIABILITY.
8. Limitation of Liability. IN NO EVENT WILL CERECORE, ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, OR ANY OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEBSITES, INCLUDING DAMAGES CAUSED BY VIRUSES OR ANY INCORRECTNESS OR INCOMPLETENESS OF THE INFORMATION ON THE SITE, OR THE PERFORMANCE OF THE PRODUCTS OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL CERECORE’S LIABILITY TO YOU RELATING TO THE SITE EXCEED ONE HUNDRED DOLLARS ($100).
You are prohibited from using the Site to post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic, illegal, or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using the Site to advertise or perform any commercial solicitation. CereCore will have no obligations with respect to such communications. CereCore reserves the right to remove any and all user submissions it deems in violation of these Terms & Conditions.
10. Indemnity. You agree to defend, indemnify, and hold CereCore, its officers, directors, employees, agents, licensors, and Affiliates harmless from and against any and all claims, losses, liability, costs, and expenses (including attorneys’ fees) arising from your use of the Site, violation of these Terms and Conditions, or violation of any third party rights.
YOU AGREE TO WAIVE ANY AND ALL LAWS THAT MAY LIMIT THE EFFICACY OF ANY RELEASES CONTAINED IN THESE TERMS AND CONDITIONS, INCLUDING THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542.
11. Copyright Violations. If you believe that your copyrighted work has been copied and is accessible through our Site in a way that constitutes copyright infringement, please notify CereCore. The notice must be provided to CereCore’s designated copyright agent and include all of the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512. As of the date of the posting of this Agreement, the information that you must provide includes: identification of the copyrighted work that allegedly has been infringed; identification of the material on this Site that you believe infringes the copyright (with sufficient specificity to allow us to locate it); a statement that you believe in good faith that the use is not authorized by the copyright owner, its agent or the law; a statement that the information you have provided is accurate and, under penalty of perjury, that you are the owner of the copyright involved or are otherwise authorized to act for the owner; your physical or electronic signature or the signature of a person authorized to act on behalf of the owner of the allegedly infringed right; and your contact information. Please keep in mind: under section 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Any claims of copyright infringement concerning this Site should be sent to firstname.lastname@example.org. We will respond to each complaint quickly and diligently. Only copyright complaints should be sent to the above agent. No other communications will be accepted.
12. Forward-Looking Statements. Some statements on this Site are not historical facts and therefore are considered forward-looking statements within the meaning of Section 21E of the Securities and Exchange Act of 1934. These forward looking statements are subject to risks and uncertainties as which could cause our actual results to differ materially from those expressed in or implied by the content of this Site. Forward-looking statements made on this Site are made as of the date of the initial publication and CereCore undertakes no obligation to update any of these forward-looking statements as actual events unfold.
14. Privacy. CereCore is sensitive to the expectation of privacy by those who access this Site. For a complete statement of our policies related to online privacy, please read our Privacy Statement.
15. Choice of Law and Venue. CereCore is located in Nashville, Tennessee. This agreement is entered into and performed in the State of Tennessee and you agree this agreement is governed by the laws of the State of Tennessee, without consideration to the principles of the conflicts of law. Your continued use of this Site, confirms you consent and submit to the personal jurisdiction in the State of Tennessee and venue of the County of Davidson for any state or federal action arising out of the use of this Site or these Terms and Conditions. This agreement does not constitute doing business in any other state than the State of Tennessee.
16. Invalidity and Waiver. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
17. Revisions. CereCore may revise and update these Terms and Conditions at any time. Please periodically review the terms, conditions, and privacy statements posted on this Site. Continued usage of this Site will be considered acceptance of any changes. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms on particular pages at this Site.
18. Section Titles. The section titles of the Terms and Conditions are merely for convenience and will not have any effect on the substantive meaning of these Terms and Conditions.
19. Contact. CereCore welcomes your questions and comments regarding our Terms and Conditions and anything else on this Site. Please e-mail us at email@example.com.
20. Entire Agreement. Except as expressly provided in a particular “legal notice” on the CereCore Site, these Terms and Conditions constitute the entire agreement between you and CereCore with respect to the use of the Site and content contained therein.
ADDITIONAL TERMS AND CONDITIONS FOR PORTAL WEBSITES
21. Additional Terms and Conditions for Portal Websites. In the event that as a service to its customers, CereCore also provide websites which offer some customers secure, private access to their own records at CereCore affiliated healthcare provider (“Provider”) facilities, as well as certain internet-based services which may include, among other things, assistance in finding a doctor, assistance in scheduling appointments, the ability to register for classes and pre-register for procedures, and health and patient education materials (a “Portal Website”). Each Portal Website has additional Terms and Conditions which are listed below. Your continued use of a Portal Website will indicate your agreement to be bound by these additional Terms and Conditions. If you do not agree to be bound by these additional Terms and Conditions, you may not access or use the Portal Website, and should exit the Portal Website immediately.
22. Eligibility. In order to participate in the Portal Website, you must be 18 years of age or older or an emancipated minor. Parents of un-emancipated minors may set up accounts for themselves to access their children’s medical records, as may other personal representatives under the applicable law. You may also designate proxies by authorization.
Under state and Federal law, there are certain types of medical information that a parent or guardian of a minor patient may not view without consent of the minor patient. Because of these requirements, the Portal Website may not be available to parents or guardians for certain minor patient’s medical record without the minor patient’s authorization.
Proxy Portal Website enrollment may under certain circumstances require in person enrollment or verification and may require periodic re-confirmation. By setting up a proxy account, you are attesting that (i) any necessary patient authorizations have been provided; (ii) you have completed and/or provided all required documentation to the applicable medical facilities; and (iii) your proxy access complies with applicable law and regulation.
23. Use of the Portal. If a Portal Website is made available, use of such Portal Website is contingent upon your understanding and agreement to all of the following:
- Use of the Portal Website is voluntary and at your discretion. You are not required to enroll in, access or use the Portal Website in order to receive healthcare or any other necessary services from a Provider. Provider will not condition its treatment of you on any requirement to participate in the Portal.
- The Portal Website is intended as a secure online means for you to access your confidential medical record information. It is your responsibility to maintain the confidentiality of any passwords and to authorize, monitor and control access to and use of your account, user name, ID and password, and to promptly inform Portal Website technical support if you need to inactivate your account, ID or password for any reason. Please note that if you share your Portal Website user name and password with another person, this will allow that person to see your confidential medical record information. CereCore has no responsibility concerning any breach of your confidential medical record information due to your sharing or losing your user name and password. CereCore will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by CereCore or another party due to someone else using your account or password. You may not use anyone else’s Portal account at any time, without the authorization of the account holder or in accordance with your rights as a personal representative under applicable law.
- You must select a confidential password and maintain that password in a confidential and secure manner. If you believe that the confidentiality of your password has been compromised, you should change your password immediately. You agree to exit completely from the Portal Website at the end of each online session.
- The general information provided on the Portal Website is not a substitute for the advice of your personal physician or other qualified health care professional. Always seek the advice of your physician or other qualified health care professional with any questions you may have regarding your medical symptoms or a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Portal Website. The Portal Website is not meant to be used in any manner in the case of urgent or emergency medical issues. If you should experience an emergency, you should immediately seek appropriate emergency care.
- The Portal Website contains limited medical information from your medical records and does not include the complete contents of your medical records. You can obtain a full or more complete copy of your medical records from the Provider facilities that have served you. You may be charged a fee for such full or more complete copies.
- You agree to use the Portal Website only as permitted and not attempt to harm or circumvent any of its security features or use the Portal Website for any purpose other than as described in these Terms and Conditions.
24. Provision of Services. If the Portal Website is provided, it is being provided to you as a convenience. CereCore reserves the right to change the Portal from time to time in its sole discretion and Provider has the right to terminate, limit or revoke your Portal access at any time for any reason, with or without notice. This can include cases where Provider determines that it is not in your best interest to continue to have access to the Portal.
CereCore reserves the right to charge for Services in the future. Should such a charge ever be introduced, anyone with a Portal Website account will have the option to discontinue the Service.
CereCore will use reasonable efforts to keep the Portal Website free from error, but CereCore cannot guarantee the completeness, accuracy, availability, reliability or adequacy of the Portal Website’s information. CereCore cannot guarantee the Portal Website itself will be fault-free, and it is in Provider’s sole discretion whether it will attempt to correct reported faults or errors.
25. Electronic Communications. When you visit our Portal Website or send e-mails to us, you are communicating with us electronically. You acknowledge that information sent by e-mail may be intercepted by someone unknown to you because of the nature of e-mail, through no fault of CereCore, and you agree to accept this risk. By using the Portal Website or sending e-mails to us or our Affiliates, you consent to receive communications from us or our Affiliates electronically. We will communicate with you by e-mail or by posting notices on the Portal Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication. The contents of any communications using the Site or send e-mails to us may be stored in your medical record.
26. Security. The security of any data you submit through the Portal Website is very important to CereCore. The Portal uses encryption technology, and we periodically review our security practices to help ensure that your data is maintained securely. However, no system can completely guard against risks of intentional intrusion or inadvertent disclosure of information sent to us. Moreover, when you transmit information via the internet, your information will be transmitted over a medium that is beyond our control, and the security of the transmission may be compromised before it reaches us. Accordingly, CereCore makes no guarantee as to confidentiality or security. In addition, and to the extent allowed under law, YOU HEREBY EXPRESSLY AND SOLELY ASSUME THE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH YOUR USE OF THE PORTAL WEBSITE.
In addition, you understand that you are responsible to ensure that your computer has protections against viruses, malware, spyware, Trojan horses, and other types of problematic computer cookies, downloads, or software. CereCore cannot guarantee that your use of the Portal Website will be free of such problems. By using the Portal Website you agree that you will hold harmless, indemnify, and covenant not to sue CereCore for any damage to your computer, laptop, software, or other computer system resulting from your access to or use of the Portal Website.
For other than general information viewing, the Portal must be accessed with a Secure Sockets Layer (SSL) compatible browser or terminal (such as the latest versions of Microsoft Internet Explorer, Mozilla Firefox, Google Chrome, or Apple Safari). You can tell when you are secure by looking at the location (URL) field. If the URL begins with https:// (instead of http://), the document usually comes from a secure server, however, please consult the specifics relating to use of your particular browser or terminal provided by the developer for specific information as to the use and integrity of secure connections.
The use of distinct user names and passwords provide two additional layers of authentication. As a user of the Portal Website, your role in maintaining the security of your medical information requires you change your password on a regular basis and keep your login ID and password confidential. Accordingly, it is solely your responsibility to prevent the disclosure of your login ID and password, and to change your password if you feel that your security has been compromised. You agree to hold harmless, indemnify, and covenant not to sue CereCore for any injuries to you or your property (whether physical, psychological, reputational or otherwise) resulting from your failure to keep your password secure.