CentraCare Terms of Service

CentraCare Health System and its affiliates (“CentraCare,” “we,” “us,” or “our”) makes its software and/or software-as-a-service, related mobile applications, its website, portal and web-based services (the “Site”), all content therein, and all versions, updates, corrections, enhancements, and modifications thereof (collectively, the “Services”) available to you (“User” or “you” or “your”) for your use subject to the terms and conditions in this CentraCare Terms of Service (the “Terms” or “Agreement”).

PLEASE READ THIS AGREEMENT CAREFULLY. YOUR USE OF THE SERVICES IS SUBJECT TO AN ARBITRATION PROVISION IN SECTION 11.2 OF THIS AGREEMENT, REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. PLEASE CAREFULLY REVIEW SECTION 11.2 FOR MORE INFORMATION. BY CREATING, REGISTERING, USING OR ACCESSING AN ACCOUNT OR THE SERVICES, POSTING OR DOWNLOADING CONTENT OR ANY OTHER INFORMATION TO OR FROM THE SERVICES, OR MANIFESTING YOUR ASSENT TO THESE TERMS IN ANY OTHER MANNER, YOU HEREBY UNEQUIVOCALLY AND EXPRESSLY AGREE TO BE BOUND BY, AND SHALL BE SUBJECT TO, THESE TERMS OF SERVICE. IF YOU DO NOT UNEQUIVOCALLY AGREE TO THESE TERMS, YOU MAY NOT USE OR OTHERWISE ACCESS THE SERVICES, CREATE, REGISTER OR ACCESS AN ACCOUNT OR POST OR DOWNLOAD CONTENT OR ANY OTHER INFORMATION TO OR FROM THE SERVICES.

1. SERVICES.
   1. The Services. CentraCare’s Services provide information and tools relating to CentraCare’s hospital system and healthcare services. Subject to all of the terms and conditions of this Agreement, CentraCare hereby grants to you, on a non-exclusive, non-transferable, revocable, and limited basis, the right to access and use the Services for your personal use. CentraCare reserves all rights not explicitly granted herein to the Services.
   2. Account. You may be required to create an account to use or access certain parts of the Services (an “Account”). You may have the opportunity to provide information to CentraCare as part of the account creation process, such as name, email address and password. You shall provide CentraCare with accurate and complete registration information. You are solely responsible for maintaining the confidentiality of your Account information, including but not limited to passwords. Any failure to comply with this provision may result in immediate termination of your Account. CentraCare reserves the right to refuse registration of or cancel your Account in its sole discretion. You are responsible for all activities that occur under your Account.
   3. Modification. We may discontinue or alter any aspect of the Services, restrict the time the Services are available, or restrict the amount of use permitted at our sole discretion and without prior notice or liability to you. We may also install bug fixes, updates, patches, and other upgrades to the Services without prior notice or liability to you. Your only remedy is to discontinue using the Services if you do not want a modification we make to the Services.
   4. Communications. By providing your email address to CentraCare, you consent to receiving email communications regarding the Service, including but not limited to: (i) notices about your use of the Services; (ii) notices about updates to the Services; and (iii) promotional information and materials regarding our products and services, via the contact information associated with your Account or otherwise provided by you. You may opt out of receiving promotional emails from us by following the opt-out instructions provided in the message.
   5. Restrictions. You will not, and will not permit any third parties, to: (i) sublicense, lease, rent, loan or otherwise transfer to any third party any of your rights hereunder to access or use the Services or make the Services available to or for the benefit of any third party as part of any time-sharing, cloud services, or service bureau arrangement; (ii) use the Services to develop, or assist a third party, in developing a competing or similar service or product; (iii) permit access to the Services by two or more individual users using the same access information (e.g., username and password); (iv) allow the introduction of any harmful or malicious code into the Services that causes or is designed to disrupt, disable, harm or otherwise impair in any manner the Services, the operation thereof, or to allow User or any other third party to access, damage, or corrupt any data, storage media, programs, equipment or communications of or on the Services; (v) remove or modify any program markings or identification, proprietary, copyright or other notice of CentraCare’s or its licensors’ proprietary rights contained in the Services; (vi) modify, adapt, alter, translate or create derivative works from the Services or reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for the Services; (vii) perform any act that would constitute an infringement of intellectual property or other proprietary rights of CentraCare or any third party; (viii) violate applicable laws, ordinances or regulations or otherwise use the Services for any unlawful purposes; (ix) use the Services in any manner except as expressly authorized herein; or (x) upload any harassing, offensive, obscene, defamatory, threatening, malicious, or spam content or communications. In addition to any other rights afforded to us under this Agreement, we reserve the right, but have no obligation, to take remedial action if any material violates the foregoing restrictions including the removal or disablement of access to such material. We shall have no liability to you in the event that we take such action.
2. INTELLECTUAL PROPERTY.
   1. Content.
      1. Your Content. You may submit to the Services or otherwise provide to us your own data, information, files, images, videos, recordings, communications, content, messages and other information (collectively, “Your Content”). You are solely responsible for Your Content, and we make no effort to review Your Content for any purpose, including but not limited to your ownership of it or its accuracy, legality or non-infringement. We cannot always foresee or anticipate technical service interruptions or other difficulties in uploading Your Content to the Services or loss of Your Content during upload or once on the Services. You should always keep backup copies of Your Content. In our provisions of the Services and as directed by you, we will, and you hereby allow us to, share Your Content with other users of the Services. By using the Services, you grant to CentraCare a worldwide, royalty-free, perpetual, transferable, sub-licensable, and assignable license to use Your Content and any other information you provide in any way, including but not limited to hosting, storing, using, displaying, reproducing, publishing, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, and distributing whether in whole or in part and in any format or medium currently known or developed in the future.
      2. Prohibited Content. CentraCare prohibits posting or sharing content that: (i) is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity; (ii) contains language or imagery which could reasonably be deemed offensive (including, but not limited to, any sort of language or imagery that could be deemed discriminatory against any race, religion, gender identity, sex, sexual orientation, color, ethnicity, national origin, or ability status); (iii) abusive, insulting, or threatening, discriminatory, or promoting of or encouraging racism, sexism, hatred or bigotry; (iv) encourages any illegal activity including but not limited to, terrorism, inciting racial hatred, or the submission of which in itself constitutes committing a criminal offense; (v) is defamatory, untrue or libelous; (vi) relates to commercial activity, including but not limited to, sales, competitions, and advertising; (vii) involves the transmission or any sort of “spam” or “junk” mail; (viii) infringes upon any rights of a third party, including but not limited to privacy and intellectual property rights; (ix) uses the name, image, or likeness of another person, or impersonates another person, without that person’s consent (or in the case of a minor, without the consent of that minor’s parent or legal guardian) or is an image or likeness of a minor unaccompanied by the minor’s parent or legal guardian; or (x) is otherwise inconsistent with the intended use of CentraCare. We reserve the right to terminate the account of any user who posts such content.
   2. Destruction of Content. We may, but are not required to, keep Your Content or any other information related to your Account within the Services if you close your Account with us or if you cease use of our Services.
   3. CentraCare Materials. The Services, Feedback (defined below) our systems, our databases, and any and all other information, data, documents, materials, works and other content, devices, methods, processes, hardware, software and other technologies and inventions, including any technical or functional descriptions, requirements, plans, specifications, or reports, that are provided or used by CentraCare in connection with the Services or otherwise comprise or relate to the Services, the designs of each of the foregoing, and any and all intellectual property rights in the foregoing (collectively, the “CentraCare Materials”) shall at all times remain the exclusive property of CentraCare and its third-party licensors. CentraCare or its licensors exclusively own all right, title and interest in and to the CentraCare Materials, including but not limited to, all ideas, inventions, inferences, discoveries, source and object software code, developments, derivative works, enhancements, upgrades, fixes and patches, formats and processes, and all images, trademarks, service marks, logos and icons displayed or related therein or thereto. Except as expressly provided herein, you have no right, license, or authorization with respect to any of the CentraCare Materials. You shall not remove, alter or obscure any trademarks or logos or any proprietary notices contained in the Services or any other material provided by CentraCare. You shall not assert any claims to the contrary or otherwise do anything inconsistent with the allocation of ownership herein, including, but not limited to, challenging the validity of the authorizations or any intellectual property rights granted herein. In the event you are ever deemed to be the owner of any of the CentraCare Materials, you shall immediately take all necessary steps to evidence, transfer, perfect, vest, or confirm CentraCare’s right, title and interest in the CentraCare Materials. The sole exception of the foregoing reservation of rights is the authorization explicitly granted herein, and which shall automatically terminate upon expiration or termination of this Agreement or your Account.
   4. Feedback. We welcome your comments, feedback, information, or materials regarding the Services (collectively, “Feedback”). By submitting your Feedback to us, you agree to assign, and hereby irrevocably assign to us, all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. We may use, copy, distribute, publish and modify your Feedback on an unrestricted basis, without compensation to you.
3. USER REPRESENTATIONS. By accessing our Services or creating an Account, you represent and warrant that: (i) you (a) are at least the age of 18, and (b) have the power and authority to enter into and perform your obligations under this Agreement; (ii) Your Content and information provided by you is truthful, accurate, and complete; (iii) you will comply with the terms and conditions of this Agreement and all applicable laws, rules and regulations; (iv) your access to and use of our Services or any part thereof will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; (v) you will immediately notify us in the event that you learn or suspect any unauthorized use of the Services, including if your Account has been accessed by a person other than you; (vi) you will not use our Services in order to gain competitive intelligence about us, our Services, or any product or service offered via our Services or to otherwise compete with us; and (vii) Your Content and Feedback do not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and constitutes an original work of authorship by you, or you otherwise have all rights and permissions required to submit Your Content and Feedback to us.
4. TEXT MESSAGE TERMS. The following Section 4 applies solely to your use of the Program (as defined below):
   1. By providing your telephone number to us or your physician and/or agreeing to participate in a text or communication program (collectively, the “Program”), you consent to receive text messages and/or push notifications from or on behalf of us and/or our partners and suppliers, including messages using automated dialing technology. Such messages may be service-related or contain information regarding products or services that may be of interest to you, service announcements, or programs or other topics of interest and may include confirmation or reminders for billing purposes, medical appointments at our facilities, etc. You do not need to provide this consent in order to purchase any products or services. However, you acknowledge that opting out of receiving SMS messages may impact your experience with the service(s) that rely on communications via SMS messaging. You understand that text messages have inherent privacy risks, including that unencrypted text messages are not secure and could be accessed by an unauthorized party, intercepted, or altered without your knowledge or authorization. Frequency of text messages and notifications will vary depending upon the Services you receive or your transactions with us.
   2. To stop receiving text messages, if indicated reply STOP or contact us directly. You consent to receive one last message from us confirming your inactivation.
   3. You represent that you are the account holder for the mobile telephone number(s) that you provide to opt-in to the Program. You shall notify us immediately if you change your mobile telephone number.
   4. You acknowledge that text messages are distributed via third-party mobile network providers, and therefore, we are unable to control all functions related to the delivery of text messages. You acknowledge that it may not be possible to transmit all text messages successfully. We will not be liable for any delays in the receipt of any SMS messages, nor will we be liable for any undelivered messages, as delivery is subject to effective transmission from your network operator.
   5. The Program may not be available on all U.S. mobile carriers. Note that your carrier is not liable for delayed or undelivered messages. Message and data rates may apply to each text message sent or received in connection with the Program, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for details about available plans). Applicable roaming charges may apply.
   6. Data obtained from you in connection with this Program may include your telephone number, your carrier’s name, and details of the message. We may use this information to contact you in accordance with these Terms and to provide the services you request. For additional information on our data collection and use, please read our Privacy Policy.
   7. You agree to indemnify us and any third parties texting on its behalf in full for all claims, expenses, and damages related to or caused, in whole or in part, by your failure to immediately notify us if you change your telephone number, including but not limited to all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
   8. We may immediately suspend or terminate your participation in the Program if it believes you are in breach of these Terms. Your participation in this Program is also subject to termination in the event that your mobile telephone service terminates or lapses. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of the Program, with or without notice to you.
   9. We may revise, modify, or amend these Terms at any time. Any such revision, modification, or amendment shall take effect when it is posted to the Services. You agree to review these Terms periodically to ensure that you are aware of any changes. Your continued participation in this Program, including receipt of text messages and/or push notifications without opting out will indicate your acceptance of those changes.
5. Term; Termination.
   1. Term. This Agreement is effective as of the date of your acceptance of this Agreement in connection with your access to the Services and continues in effect until the earlier of (i) the date of termination by either party pursuant to this Section 5; or (ii) the date which CentraCare ceases offering the Services.
   2. Termination. You may terminate these Terms at any time by discontinuing use of the Services and/or deleting your Account. CentraCare may suspend or terminate your use of and access to the Services immediately without notice or liability to you, if we, in our sole discretion, determine that you have failed to comply with any provision of this Agreement. Upon termination, you must cease use of the Services immediately.
   3. Survival. The following sections shall survive the termination or expiration of this Agreement:) 1.5 (Restrictions), 2 (Intellectual Property), 3 (User Representations), 5 (Term; Termination), 6 (Warranty Disclaimer), 7 (No Medical Advice), 9 (Indemnification), 10 (Limitation of Liability), 11 (Dispute Resolution and Governing Law, Jurisdiction and Costs) and 12 (General Provisions).
6. WARRANTY DISCLAIMER.
   1. EXCEPT AS OTHERWISE PROVIDED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT.
   2. WITHOUT LIMITATION, WE MAKE NO WARRANTY THAT SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE AVAILABLE 24/7, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICES WILL BE CORRECTED, THAT THE SERVICES AND ANY CONTENT OR INFORMATION FOUND ON THE SERVICES WILL BE VIRUS-FREE, OR THAT THE QUALITY OF ANY INFORMATION, CONTENT, OR OTHER MATERIALS OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. ANY CONTENT OR OTHER MATERIALS OBTAINED THROUGH THE DOWNLOAD OR USE OF THE SERVICES IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
7. NO MEDICAL ADVICE.
   1. The information contained in or provided by our Services is offered solely for your consideration and is subject to your verification. It is not to be taken as a warranty or representation by which we assume legal responsibility, nor do we grant permission to use or practice anything contained therein, nor recommend such use or practice. You expressly acknowledge and agree that we are not responsible for the results of any decisions made based on your use of the Services.
   2. OUR SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER. DO NOT USE INFORMATION PROVIDED VIA OUR SERVICES TO DIAGNOSE OR TREAT A HEALTH CONDITION OR DISEASE WITHOUT CONSULTING A QUALIFIED HEALTHCARE PROVIDER. THERE IS NO PHYSICIAN-PATIENT RELATIONSHIP ARISING SOLELY BY VIRTUE OF USING THE SERVICES. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ VIA THE SERVICES. DO NOT USE OUR SERVICES FOR MEDICAL EMERGENCY SERVICES. IN AN EMERGENCY, CALL 911, YOUR PERSONAL PHYSICIAN, AND/OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
   3. The physicians displayed on our Services are credentialed to treat patients at our facilities and, to the best of our knowledge, are in good standing. We may allow you to search physicians by alphabetical listing or other searches based on individual needs or preferences.
8. HEALTH RECORDS AND OTHER INFORMATION PROVIDED BY CENTRACARE. You may be able to access health records or other information via the Services. By accessing such records via the Services, you consent to receiving certain electronic health care records, which may be provided via the Internet or through other means. The health records or other information contained on or provided through the Services has been collected and/or prepared by CentraCare as a service to its users. While we use reasonable efforts to verify that the information contained in such records is correct, we do not warrant or guaranty its accuracy or timeliness.
9. INDEMNIFICATION. You agree to indemnify, defend and hold harmless the CentraCare Parties (defined below) from and against any and all claims, liabilities, damages, losses, demands, or expenses, including attorney’s fees and costs and expenses, arising out of or in any way connected with: (i) you use or misuse of the Services; (ii) your violation of this Agreement, including actual or threatened violation of Section 1.5; (iii) Your Content; (iv) your violation of applicable law, rules or regulations, or the rights of CentraCare or any third party; and (v) your negligence or willful misconduct.
10. Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL CENTRACARE, ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “CENTRACARE PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS), ARISING OUT OF, BASED ON OR RESULTING FROM THIS AGREEMENT YOUR ACCESS TO, USE OF, MISUSE OF OR INABILITY TO USE THE SERVICES, EVEN IF CENTRACARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES). TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL THE CENTRACARE PARTIES’ TOTAL LIABILITY TO YOU OR THIRD PARTIES IN CONNECTION WITH THIS AGREEMENT, THE SERVICES OR ANY OTHER RELATED SERVICES WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). THE EXISTENCE OF MULTIPLE CLAIMS DOES NOT ENLARGE THIS LIMIT.
11. Dispute Resolution and Governing Law, Jurisdiction and Costs.
    1. Governing Law; Venue. This Agreement will be governed by the laws of the State of Minnesota, without regard to any conflict of laws or provisions. Each party irrevocably and unconditionally: (i) consents to submit to the exclusive jurisdiction of the courts of the State of Minnesota for any proceeding arising in connection with this Agreement and each such party agrees not to commence any such proceeding except in such courts; and (ii) waives any objection to the laying of venue of any such proceeding.
    2. Binding Arbitration. Any claim, dispute, or controversy arising out of or relating to the Services, these Terms, or the breach, termination, enforcement, interpretation or validity of this Agreement, will be resolved exclusively by binding arbitration. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The arbitration shall be held in Stearns County, Minnesota. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement you and CentraCare may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
    3. Waiver of Rights. You acknowledge that you understand the consequences of agreeing to binding arbitration under this Section, including giving up any constitutional rights to have disputes determined by a court of law or by a jury and any right that you may have under to have a trial de novo by a court after nonbinding arbitration of a dispute concerning fees or costs; that discovery of information in arbitration may be limited; and that the arbitration decision will be final and binding, except to the limited extent that judicial review might be available. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
12. GENERAL PROVISIONS.
    1. Relationship of Parties. The parties are independent contractors, and this Agreement does not and will not establish any relationship of partnership, joint venture, employment, franchise or agency between the parties. Neither party has the power to bind the other or incur obligations on the other’s behalf.
    2. Links to Third Party Sites. Our Service may include links to third party websites and are provided solely as a convenience to you. If you use these third party links, you will leave our Services. We are not responsible for such third party websites, nor do we control such websites. We also do not claim to have reviewed these third party websites or any associated content. As such, we are not responsible for any of these websites or their content. We are not responsible for any charges or fees associated with financial transactions that may occur on or through a third party website. Moreover, we do 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 made available by such third party websites, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to by our Services, you do so entirely at your own risk. We reserve the right to terminate such links at any time. The mention of specific products, processes, or services within our Services does not constitute or imply a recommendation or endorsement under any circumstances.
    3. Privacy. We collect, store, and use personal information collected from you in accordance with our Privacy Policy located here and our HIPAA Notice of Privacy Practices, located here. Our Privacy Policy and our HIPAA Notice of Privacy Practices are hereby expressly incorporated into these Terms. Please note that we may also collect information that does not identify you. We may use non-personal information for any purposes as appropriate and subject to applicable law.
    4. Assignment. You shall not assign this Agreement, or any of the rights or obligations hereunder without CentraCare’s prior written consent. Assignments made in violation of this Section 12.4 will be null and void and of no force or effect. This Agreement binds and inures to the benefit of User and CentraCare and the respective permitted successors and permitted assigns.
    5. Equitable Relief. You agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to us which would be both difficult to ascertain and which would not be compensable by damages alone. As such, you agree that we have the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies we may have for your breach of this Agreement.
    6. Entire Agreement; Modifications; Severability. This Agreement sets forth the entire and exclusive understanding and license between you and CentraCare and supersedes and cancels all previous written and oral agreements, communications, and other understandings related to the subject matter of this Agreement. We may revise and update this Agreement from time to time and will post the updated Agreement to the Services. UNLESS OTHERWISE STATED IN THE AMENDED VERSION OF THIS AGREEMENT, ANY CHANGES TO THIS AGREEMENT WILL APPLY IMMEDIATELY UPON POSTING. Although we are not obligated to provide you with notice of any changes, any changes to this Agreement will not apply retroactively to events that occurred prior to such changes. Your continued use of the Services will constitute your agreement to any new provisions within the revised Agreement. If any provision in this Agreement is invalid or unenforceable, that provision shall be construed, limited, modified or, if necessary, severed, to the extent necessary, to eliminate its invalidity or unenforceability, and the other provisions of this Agreement shall remain unaffected.
    7. Waiver. No waiver by CentraCare of any right or provision under this Agreement shall constitute a subsequent or continuing waiver of such right or provision or any other rights or provisions under this Agreement. Failure to act or delay in acting by CentraCare shall not constitute a waiver of any right or remedy.
    8. Notices. All notices under this Agreement will be through email to the address associated with your Account or otherwise provided by you. All agreements, notices, disclosures, and other communications sent to User electronically will satisfy any requirement that such communication be in writing.
    9. Force Majeure. CentraCare shall not be liable to you for any delay or failure in the performance of its obligations hereunder if and to the extent the delay or failure is due to events beyond the reasonable control of the Parties, including, but not limited, to acts of God, strikes, pandemics or epidemics, blockades, governmental orders, terrorism, riots, natural disasters, internet and power outages or distortions.
    10. Contact Us. If you have any questions about these Terms or our Services, please contact us at privacyline@centracare.com or call 800-835-6652.

Effective Date: May 1st, 2023