Terms and Conditions of Use

Health Network One.com Web Site Terms and Conditions of Use

PLEASE READ THESE WEB-SITE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE (THE “WEB SITE”). THESE WEB SITE TERMS AND CONDITIONS OF USE (THE “TERMS AND CONDITIONS OF USE”) GOVERN YOUR ACCESS TO AND USE OF THIS WEB SITE. THE WEB SITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS AND CONDITIONS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF USE, DO NOT ACCESS OR USE THIS WEB SITE. BY ACCESSING OR USING THE WEB SITE, YOU AND, IF APPLICABLE, THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF USE.

Health Network One Healthcare, Inc. and its subsidiaries (“we”, “us” or “Health Network One”) maintain this Web site as a service to its customers, potential customers and other interested parties. Please visit us frequently, browse our pages and download materials subject to the terms and conditions set forth below.

1. Scope of Terms and Conditions of Use

These Terms and Conditions of Use govern your use of the Web site and all applicable applications, software and services (“Services”) available via the Web site, except to the extent such services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain services and other items provided to you via the Web site.

2. Modifications

The information on this Web site is believed to be complete and reliable; however, the information may contain typographical errors, other inadvertent errors or inaccuracies. Health Network One may revise and update these Terms and Conditions of Use at any time. Your continued usage of the Web site after any changes to these Terms and Conditions of Use will mean you accept those changes. Any aspect of the Web site may be changed, supplemented, deleted or updated without notice at the sole discretion of Health Network One. Health Network One may also change or impose fees for products and services provided through the Web site at any time in its sole discretion.

We may alter, suspend or discontinue this Web site in whole or in part, at any time and for any reason, without notice or consent. The Web site may periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

3. Intellectual Property and Ownership

Any and all intellectual property rights (“intellectual property”) associated with this Web site and its contents (the “contents”) are the sole property of Health Network One, its affiliates or third parties. The contents are protected by copyright and other laws in both the United States and other countries. Elements of this Web site are also protected by trade dress, trade secret, unfair competition and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons and other items that appear on this Web site are trademarks, service marks or trade dress (“marks”) of Health Network One, its affiliates or other entities that have granted Health Network One the right and license to use such marks and may not be used or interfered with in any manner without the express written consent of Health Network One. Except as otherwise expressly authorized by these Terms and Conditions of Use, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the intellectual property of this Web site in any way without Health Network One’s or the appropriate third party’s prior written permission. Except as expressly provided herein, Health Network One does not grant to you any express or implied rights to Health Network One’s or any third party’s intellectual property.

4. Indemnity

By using this Web site, you hereby release, and agree to indemnify and hold harmless Health Network One Healthcare, Inc. and its subsidiary corporations and their respective officers, directors, employees and agents from any and all claims, demands, causes of action, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, arising out of your use or viewing of Health Network One.com and its contents.

5. Prohibited Conduct

In addition to the other restrictions set forth in these Terms and Conditions of Use, you agree that: (1) You shall not disguise the origin of information transmitted through the Web site; (2) you will not place false or misleading information on the Web site; (3) you will not use or access any service, information, application or software available via the Web site in a manner not expressly permitted by Health Network One; (4) you will not input or upload to the Web site any information that contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Web site or any information contained therein or that infringes the intellectual property rights of another; (5) certain areas of the Web site are restricted to customers of Health Network One; (6) you may not use or access the Web site in any way that, in Health Network One’s judgment, adversely affects the performance or function of the Health Network One Web site or services or interferes with the ability of authorized parties to access the Web site or services; and, (7) nothing contained on this Web site shall be construed as granting, in any manner, any license or right to use this Web site or any documents displayed on this Web site, through the use of framing or otherwise, except as expressly permitted by these Terms and Conditions of Use or with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Web site.

6. Third-party Links

There may be links on Health Network One.com that allow you to visit the Web sites of third parties. Neither these Web sites nor the companies to which they belong are controlled by Health Network One. Health Network One makes no representations or warranties concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such Web sites. Health Network One has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such Web sites. You should research and assess the risks that may be involved in accessing and using any software on the Internet before using it.

7. Disclaimer of Warranty

ALL IMAGES, TEXT AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE USE OF SAME IS AT YOUR OWN RISK. SPECIFICALLY, BUT WITHOUT LIMITATION, Health Network One DOES NOT WARRANT THAT: (A) THE INFORMATION AVAILABLE ON THIS WEB SITE IS FREE OF ERRORS; (B) THE FUNCTIONS CONTAINED ON THIS WEB SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (C) DEFECTS WILL BE CORRECTED; OR (D) THIS WEB SITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS AND CONDITIONS OF USE ARE FAIR AND REASONABLE.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Health Network One BE LIABLE TO ANY USER OF THE Health Network One WEB SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE Health Network One WEB SITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR OTHERWISE, EVEN IF Health Network One HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

9. No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Health Network One (or any of its affiliates or subsidiaries) of that third party or of any product or service provided by a third party. Likewise, a link to any non-Health Network One Web site does not imply that we endorse or accept any responsibility for the content or use of such a Web site.

10. Enforcement of Terms and Conditions of Use

These Terms and Conditions of Use and Your use of Health Network One.com is governed by and construed in accordance with the laws of the United States, excluding its conflict of laws provisions. Any cause of action with respect to Health Network One.com or these Terms and Conditions of Use must be instituted within one year after the claim or cause of action has arisen or be barred and must be brought in a court of competent jurisdiction. You expressly waive any objection that you may have now or hereafter to the laying of the venue or to the jurisdiction of any such proceeding.

11. Severability

If any part of these Terms and Conditions of Use is held to be unlawful, void or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

12. Entire Agreement

These Terms and Conditions of Use constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these Terms and Conditions of Use at any time by updating this posting.