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ClienteleHealth Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Welcome to ClienteleHealth's Website! This site is for ClienteleHealth Members only. By using this site, you accept the following Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, you will not be allowed access.

ClienteleHealth, LLC. ("ClienteleHealth") may revise and update these Terms and Conditions at any time. Any revisions will be posted on this website and are binding upon you when they are posted and accepted. Your continued usage of the ClienteleHealth website (the "ClienteleHealth Site," or the "Site,") will mean you accept those changes.

E-MAIL
The contents of e-mails received from the Participating Physicians on the ClienteleHealth Site ("Content") are for general informational purposes only. The Content is not intended to be a substitute for a physical examination, diagnostic testing, diagnosis, or treatment. If you are having symptoms, call your personal physician's office for an appointment to be evaluated. If you think you may have a medical emergency, call 911 immediately.  Never disregard professional medical advice or delay in seeking it because of something you have read on the ClienteleHealth Site!  Reliance on any information provided by ClienteleHealth, ClienteleHealth employees, others appearing on the Site at the invitation of ClienteleHealth, or other visitors to the Site is solely at your own risk.

INFORMATION INTERMEDIARY ONLY
ClienteleHealth acts as the information intermediary linking members with their personal physicians. ClienteleHealth does not impair, limit, dictate or direct the Physician's professional judgment in the care and treatment of his/her patients.  ClienteleHealth is not responsible for the Content in the physician e-mails. The Content in the physician e-mails is the sole responsibility of the individual physician.

MEMBER REPRESENTATIONS AND WARRANTIES
As a condition of your use of this website, you warrant and represent to ClienteleHealth that you will not use this Site for any purpose that is unlawful, violates any third party's rights, or is prohibited by these terms, conditions and notices. You are responsible to ensure that no unauthorized person shall have access to your ClienteleHealth member identification number or password. It is your responsibility to  promptly notify ClienteleHealth of any need to change your password.

DISCLAIMER OF WARRANTIES AND LIABILITY
CLIENTELEHEALTH DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE CLIENTELEHEALTH SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.   CLIENTELEHEALTH DISCLAIMS ANY RESPONSIBILITY TO SERVE AS INTERNET PROVIDER.  YOU (AND NOT CLIENTELEHEALTH) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF ALL EQUIPMENT, INCLUDING BUT NOT LIMITED TO COMPUTER HARDWARE, TELECOMMUNICATIONS CONNECTIONS AND SOFTWARE OWNED OR LEASED BY YOU.

CLIENTELEHEALTH shall use commercially reasonable efforts to make the Site available for permitted uses on a 24 x 7 basis.  However, CLIENTELEHEALTH reserves the right to make the Site unavailable from time to time for any reason.  CLIENTELEHEALTH DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DATA WILL NOT BE LOST.  YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE.  THE SITE IS PROVIDED ON AN ?AS IS? BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY EXPRESS OR IMPLIED WARRANTIES REGARDING BANDWIDTH, CONNECTIVITY, BACK-UP, SERVICES, RESPONSE TIME, WEB SITE SECURITY OR FAILURE OF THE CLIENTELEHEALTH SITE, OR ANY OTHER IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

DISCLAIMER REGARDING THE INTERNET
THE INTERNET IS NOT OWNED, OPERATED OR MANAGED BY, OR IN ANY WAY AFFILIATED WITH, US OR ANY OF OUR AFFILIATES. YOU ACKNOWLEDGE THAT IN CONNECTION WITH CLIENTELEHEALTH AND THE SERVICES, ACCESS WILL BE PROVIDED OVER VARIOUS FACILITIES AND COMMUNICATIONS LINES AND INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED AND SERVICED BY THIRD PARTY LOCAL EXCHANGE AND LONG DISTANCE CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS AND OTHERS, ALL OF WHICH ARE BEYOND OUR CONTROL AND JURISDICTION. ACCORDINGLY, NEITHER OUR DISTRIBUTORS NOR CLIENTELEHEALTH ASSUMES ANY LIABILITY FOR OR RELATING TO THE INTEGRITY, PRIVACY, SECURITY OR RESTRICTED ACCESS OF THE HOST SERVER, THE CLIENTELEHEALTH SITE, THE CONTENT, OR OTHER INFORMATION ON THE HOST SERVER, INCLUDING BUT NOT LIMITED TO USER ACCESS, DELAY, FAILURE, INTERRUPTION, INTERCEPTION, ERASURE,  NON-DELIVERIES, WRONG DELIVERIES, TRANSMISSION, SECURITY OR LOSS OR CORRUPTION OF ANY PATIENT INFORMATION, DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE CLIENTELEHEALTH SITE. YOU AGREE THAT YOUR USE OF THE INTERNET IS SOLELY AT YOUR RISK AND IS SUBJECT TO ALL APPLICABLE LOCAL, STATE, NATIONAL AND INTERNATIONAL LAWS AND REGULATIONS. IT IS OUR POLICY TO COOPERATE WITH LAW ENFORCEMENT AUTHORITIES AND TO NOTIFY SUCH AUTHORITIES IF WE SUSPECT YOU ARE ENGAGED IN ILLEGAL ACTIVITIES.

LIABILITY OF CLIENTELEHEALTH
Your use of the ClienteleHealth Site and the Content is at your own risk. When using the ClienteleHealth Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of ClienteleHealth and its suppliers. Accordingly, ClienteleHealth assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the ClienteleHealth Site. IN NO EVENT SHALL CLIENTELEHEALTH, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE CLIENTELEHEALTH SITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE CLIENTELEHEALTH SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT CLIENTELEHEALTH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CLIENTELEHEALTH'S TOTAL LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE WILL NOT EXCEED THE AMOUNT OF MEMBERSHIP FEES PAID FOR SERVICES UNDER THE CLIENTELEHEALTH MEMBERSHIP ENROLLMENT AGREEMENT IN THE YEAR PRECEDING ANY CLAIM.

INDEMNIFICATION.
You agree to defend, indemnify, and hold ClienteleHealth, its partners, officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from: your violation of these Terms and Conditions; your use of the Site; the Content of physician e-mails; and response-time for physician e-mails. The rights and obligations under this "Indemnification" section shall survive termination of the ClienteleHealth Membership Enrollment Agreement.

GOVERNING LAW
This Agreement is governed by the laws of the State of Florida applicable to agreements entered into and wholly to be performed therein.  You hereby consent to the exclusive jurisdiction and venue of the state and federal courts within Duval County, Florida, for the resolution of all disputes arising out of the use of this website.  Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and ClienteleHealth as a result of this Agreement or use of this Site.

INVALIDITY
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

ENTIRE AGREEMENT
This Agreement, incorporates by reference the Terms and Conditions the ClienteleHealth Membership Enrollment Agreement you signed at enrollment and constitute the entire understanding between the parties with respect to the subject matter hereof, and revoke and supersede all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral.

Thank you for your cooperation. We hope you find the ClienteleHealth Site helpful and convenient to use! Questions or comments regarding this Site should be directed to ClienteleHealth via the website at www.clientelehealth.com, Contact Us page.

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