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Use of CHI Health web site does not replace medical consultations with a qualified health or medical professional to meet the health and medical needs of you or a loved one. You must exercise your own judgment when purchasing any product or selecting a physician through any site or service linked to this web site. While CHI Health frequently updates its contents, medical information changes rapidly. Some information may be out of date, and/or contain inaccuracies or typographical errors.
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- Waiver, Release and Limitation of Liability. You agree that neither CHI Health, nor its officers, directors, employees, agents, information providers, partners, advertisers or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of alegent.com. You hereby release and forever waive any and all claims you may have against CHI Health, its officers, directors, employees, agents, information providers or suppliers (including but not limited to claims based upon the negligence of CHI Health, its officers, directors, employees, agents, information providers, partners, advertisers or suppliers) for losses or damages you sustain in connection with your use of alegent.com.
Notwithstanding the foregoing paragraph, the total liability of alegent.com, its officers, directors, employees, agents, information providers, partners, advertisers and suppliers, if any, for losses or damages shall not exceed the fees paid by the user for the particular information or service provided. In no event shall CHI Health, its officers, directors, employees, agents, information providers, partners, advertisers or suppliers be liable to you for any losses or damages other than the amount referred to above. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information or other parts of alegent.com are hereby excluded even if CHI Health, its officers, directors, employees, agents, information providers, partners, advertisers or suppliers have been advised of the possibility of such damages. Neither CHI Health, nor any of its affiliates, directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this site, or resulting from the act or omission of any other party involved in making this site or the data contained therein available to you, or from any other cause relating to your access to or your inability to access the site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of CHI Health or of any vendor providing software or services support.
- Third Party Rights. The provisions of paragraphs 6 (Indemnification) and 7 (Waiver, Release and Limitation of Liability) are for the benefit of CHI Health and its officers, directors, employees, agents, licensors, suppliers, and information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
- User Representations. You represent and warrant that you are at least 18 (19 where applicable) years of age and that you possess the legal right and ability to enter into this Agreement and to CHI Health in accordance with this Agreement. You agree to be financially responsible for your use of alegent.com (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
- Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the States of Nebraska and Iowa, without regarding provisions relating to conflicts of law. You agree that any legal action or proceeding between CHI Health and you for any purpose concerning this Agreement or the parties' obligations under this Agreement shall be brought exclusively in a court of competent jurisdiction sitting in Douglas County, United States. Any cause of action or claim you may have with respect to CHI Health must be commenced within one (1) year after the claim or cause of action arises CHI Health failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. CHI Health may assign its rights and duties under this Agreement to any party at any time without notice to you.
- Notice. CHI Health may deliver notice to you under this Agreement by means of electronic mail, a general notice on alegent.com or by written communication delivered by first class U.S. mail to your address on record in CHI Health account information, if any. You may give notice to CHI Health at any time by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:
12809 West Dodge Road
Omaha, NE 68154
Attn: Chief Executive Officer/President
- Severability. The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.