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Disclaimer and Use Agreement
1. DISCLAIMERS. The contents of the Site, which include without limitation the text, graphics, images, sound files, animation files, video files and any other material on the Site (the "Content") are for informational purposes only. Hospital does not warrant, represent nor assume any obligation to assure that the Site or Content is reliable, timely, accurate or complete. When using the Site, information will be transmitted over a medium which is beyond the control and jurisdiction of Hospital. Accordingly, Hospital assumes no liability resulting or arising out of the delay, failure, interruption, or corruption of any information transmitted in connection with the use of the Site.
A. No Medical Advice. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. If you or your patient need medical advice or other health care assistance, you or your patient should consult with a qualified healthcare provider. You and your patient should never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
B. No Endorsements. Some of the Content may contain the names of certain physician or other healthcare providers. The Hospital does not endorse any particular physician or healthcare providers. Any information relating to physicians or other healthcare providers on the Hospital's medical staff should be verified by calling rather than relying on information contained at this Site.
C. Information from other sites. The Site provides links and pointers to other sites on the Internet ("Third Party Sites"). The Hospital has not investigated the content of information provided on Third Party Sites and does not warrant the accuracy, completeness, reliability or timeliness of such information or the performance of the Third Party Sites. The Hospital's inclusion of links to Third Party Sites does not imply any endorsement of the material on such sites or any association with their operators, other than the Province Healthcare website. THE SITE AND THE CONTENT ARE MADE AVAILABLE AND DISTRIBUTED ON AN "AS IS" BASIS. HOSPITAL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT USE OF THE SITE AND CONTENT IS AT YOUR SOLE RISK.
2. LIMITATION OF LIABILITY. The total liability of Hospital and its officers, directors, employees, agents, information providers or suppliers, if any, for losses or damages shall be your actual damages not to exceed $1,000.00. In no event shall Hospital nor its officers, directors, employees, agents, information providers or suppliers be liable for any direct or indirect, special, incidental, personal injury/wrongful death, lost profits, lost data, business interruption, consequential or punitive damages or losses resulting or arising from any use of or inability to use the Site or Content, whether based on warranty, contract, tort, or any other legal theory and whether Hospital and its officers, directors, employees, agents, information providers or suppliers have been advised of the possibility of such damages. Any claims arising from your use of the Site or its Contents must be brought within one (1) year of the date following the event giving rise to such action. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
3. COPYRIGHT AND TRADEMARK; PERMITTED USES AND PROHIBITED USES. All Content is the sole property of Hospital. Some of the Content is protected by copyright and other intellectual property protection. The name "Northeastern Nevada Regional Hospital" and the logo are proprietary trademarks and service marks of Northeastern Nevada Regional Hospital. You may not sell or modify any content or reproduce, display publicly or otherwise use the Northeastern Nevada Regional Hospital in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from the Hospital. Hospital grants you a revocable, non-transferable non-exclusive license to download one copy of the Content, subject to these Terms and Conditions, solely for your personal, noncommercial use and for no other purpose, provided that you keep all copyright, service mark and other proprietary notices on the copy ("Permitted Use"). Except as otherwise expressly provided in these Terms and Conditions, you may not reproduce, publish, redistribute, modify, create derivative works, or otherwise commercially exploit or use any Content. Any use of the Site or Content other than a Permitted Use, including without limitation, commercial or other non-personal use of the Site or Content is strictly prohibited. Any use of the Content other than a Permitted Use is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Hospital reserves the right to expressly license the Content to others. All rights not expressly granted to you herein are reserved to Hospital. Any questions regarding Permitted Uses should be directed to Department of Community Relations.
4. INDEMNIFICATION. You agree to defend, indemnify and hold Hospital, and its officers, directors, employees, affiliates, agents, licensors, and suppliers harmless against and from any and all claims, actions, liability, and expenses (including settlements, judgments, court costs, and reasonable attorneys' and accountants' fees, regardless of the outcome of such claim or action) caused by, arising out of, resulting from, your breach or violation of these Terms and Conditions. Upon notice from Hospital, you will resist and defend at your own expense, and by counsel reasonably satisfactory to Hospital, any such claim or action. In the event that you become aware of any alleged violation of these Terms and Conditions or cause of action against Hospital, you will promptly provide Hospital written notice containing sufficient information to identify the name and address of the allegedly injured person, the place and circumstances of the alleged incident and the names and addresses of available witnesses. You agree to cooperate with Hospital in the defense of any claim at no charge to Hospital.
5. GOVERNING LAW AND VENUE. These Terms and Conditions shall be governed by, and construed and enforced in accordance with, the internal substantive laws of the State of Nevada, without respect to its conflict of laws principles. You irrevocably submit to the jurisdiction of any state court in Elko County, Nevada, or any courts of the United States of America located in Elko County, Nevada, and agree that all suits, actions and proceedings brought by you involving Hospital, or its affiliates, subsidiaries, employees, agents, suppliers, contractors, officers, and directors shall be brought only in such courts in Elko County, Nevada. You irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court, any claim that any such suit, action proceeding brought in such a court has been brought in an inconvenient forum and the right to object, with respect to any such suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you. If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable under present or future laws in effect during the term of these Terms and Conditions, the legality, validity or enforceability of the remaining provisions of these Terms and Conditions shall not be affected thereby, and in lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as part of these Terms and Conditions a provision as similar in terms to such illegal, invalid or unenforceable provision as may be legal, valid and enforceable.
6. FORCE MAJEURE; WAIVER; ASSIGNMENT. Hospital shall be excused for failures and delays with respect to the Site arising out of any cause beyond Hospital's control, including without limitation, any Act of God, war, riot or insurrection, law or regulation, strike, flood, fire, explosion, malfunctions caused by errors processing date data in connection with the year change from December 31, 1999 to January 1, 2000 or inability due to any of the aforementioned causes to obtain labor, materials or facilities. No waiver of a breach of any provision of these Terms and Conditions or delay in asserting a breach will be construed to be a waiver of any other breach of these Terms and Conditions, whether of a similar or dissimilar nature. Hospital's rights and obligations hereunder will inure to the benefit of and be binding upon the successors and assigns of Hospital without your consent. You may assign your rights or obligations under these Terms and Conditions only after receiving Hospital's prior written consent.
7. COMPLETE AGREEMENT; SURVIVAL. These Terms and Conditions supersede any and all agreements, either oral or written, between the parties hereto with respect to the subject matter. Section 1-DISCLAIMERS; Section 2-LIMITATION OF LIABILITY; Section 3-PERMITTED USES AND PROHIBITED USES; Section 4- INDEMNIFICATION; and Section 5- GOVERNING LAW AND VENUE shall survive any termination or expiration of these Terms and Conditions. Thank you for your cooperation. We hope you find the Site helpful and convenient to use. Northeastern Nevada Regional Hospital. All rights reserved.
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