TERMS AND CONDITIONS OF USE AGREEMENT BETWEEN USER AND WEST TEXAS CENTERS.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY WEST TEXAS CENTERS ("WTC") WEBSITE, WTC SOFTWARE PROGRAM OR WTC APPLICATION (COLLECTIVELY "WTC ACCESS PORTALS"). BY INSTALLING, USING OR ACCESSING WTC ACCESS PORTALS, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE.
WTC Access Portals are owned and operated by West Texas Centers ("WTC"). Questions concerning any WTC Access Portal or its operation should be directed to the contact points set forth at the end of these terms and conditions of use. Use of WTC Access Portals is offered to you conditioned on your acceptance without modification of all terms, conditions, and notices contained or referenced herein (the "Terms and Conditions of Use"). Use of WTC Access Portals is restricted to persons employed by West Texas Centers. Your use of WTC Access Portals and services constitutes your agreement to all Terms and Conditions of Use; if you do not agree to these terms, do not use WTC Access Portals. You agree to familiarize yourself with the Terms and Conditions of Use and to abide by them if and when you use WTC Access Portals. WTC is free to revise these Terms and Conditions of Use at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Please check these Terms and Conditions of Use periodically for changes.
The information provided by WTC Access Portals is for employee use only and considered PHI (Protected Health Information). Such PHI is protected by HIPAA Privacy Rule 45 CFP Part 164. You acknowledge that you are receiving such information and agree to treat such information as private and confidential and to handle such information in compliance with all applicable laws or regulations, now existing or hereinafter enacted. You agree to indemnify WTC and hold it harmless from any and all claims, suits, or losses (including reasonable attorney fees) arising out of your use or mis-use of such confidential and non-public private information in a manner that is prohibited by all applicable laws and regulations, now existing or hereinafter enacted.
NO UNLAWFUL OR PROHIBITED USE
You agree not to use WTC Access Portals for any purpose that is unlawful or prohibited by the Terms and Conditions of Use. You may not use any WTC Access Portal in any manner that could damage, disable, overburden, or impair any WTC Access Portal or interfere with any other party's use of any WTC Access Portal or services.
NO REPRESENTATIONS OR WARRANTIES
WTC makes no representations or warranties that the WTC Access Portals are free of defects, viruses or other harmful components. WTC shall not be responsible for any damages or loss that may result from the hacking or infiltration of WTC Access Portals or WTC's computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH WTC ACCESS PORTALS AND YOU AGREE TO HOLD WTC HARMLESS FROM, AND YOU COVENANT NOT TO SUE WTC FOR, ANY CLAIMS BASED ON THE USE OF WTC ACCESS PORTALS, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM WTC ACCESS PORTALS.
DISCLAIMER OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WTC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE WTC ACCESS PORTALS, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF EMAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WTC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; WTC'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
If you are dissatisfied with any portion of any WTC Access Portal or the associated services, your sole remedy is to cease using them.
You agree to defend, indemnify, and hold harmless WTC and its employees, agents, directors, officers and shareholders, from and against all liabilities, claims, damages, and expenses (including without limitation reasonable attorneys' fees and costs) arising out of your use of WTC Access Portals, your breach of this agreement, or your infringement of the intellectual property rights of third parties.
WTC reserves the right to terminate your access to WTC Access Portals or to any or all of its services at any time without notice for any reason whatsoever.