Your system administrator, such as your employer or a health information exchange or an accountable care organization, will provide you with access to Cerner Direct Referrals.
You may not permit any other person to access your account using your user name and password. The security of your password and the use of your account is your responsibility. If you learn or suspect that your user name or password has been wrongfully used or disclosed, you should promptly notify Cerner and your system administrator and immediately reset your password. To help ensure the security of your password or account, please sign out of your account at the end of each session. You must be at least 18 years old to establish an account.
You are responsible for ensuring your account information is current, accurate, and complete.
Cerner may terminate or suspend your access to Cerner Direct Referrals and may delete your personal account, at any time, without providing notice to you. Any such termination or suspension may be subject to the terms of other applicable agreements (i) directly between you and Cerner, or (ii) between your system administrator and Cerner.
Cerner Direct Referrals is a communication tool only. You are responsible for any acts or omissions relating to your use of Cerner Direct Referrals and for any damages incurred as a result thereof. Cerner Direct Referrals IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. CERNER DOES NOT WARRANT THE RELIABILITY OR AVAILABILITY OF Cerner Direct Referrals, NOR DOES CERNER GUARANTEE THAT Cerner Direct Referrals WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT DEFECTS WILL BE CORRECTED. TO THE EXTENT PERMITTED BY LAW, CERNER AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED. TO THE EXTENT PERMITTED BY LAW, NEITHER CERNER NOR ITS SUPPLIERS WILL BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUES OR DATA. NEITHER CERNER NOR ITS SUPPLIERS WILL BE LIABLE TO YOU FOR ANY DAMAGES EXCEEDING THE GREATER OF (A) THE FEES YOU PAID FOR USE OF CERNER DIRECT, OR (B) ONE THOUSAND DOLLARS. IF YOU ARE DISSATISFIED WITH Cerner Direct Referrals, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING Cerner Direct Referrals.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD CERNER AND ITS SUPPLIERS HARMLESS FROM AND AGAINST ALL CLAIMS, DAMAGES, AND EXPENSES ("CLAIMS") ARISING OUT OF OR RELATED TO YOUR USE OF Cerner Direct Referrals, OTHER THAN THOSE CLAIMS ARISING OUT OF OR RELATED TO CERNER'S NEGLIGENCE OR WILLFUL MISCONDUCT IN PROVIDING Cerner Direct Referrals.
Cerner welcomes your suggestions to improve Cerner Direct Referrals. If you provide feedback to Cerner, you agree that such feedback, including all ideas and concepts within the feedback, shall be the property of Cerner and you assign to Cerner your ownership rights in the feedback.
Cerner may deliver notice to you by means of electronic mail, a general notice on Cerner's website, or by written communication delivered by first class U.S. mail to your address on record within your account in Cerner's account information. You may give notice to Cerner at any time by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:Cerner Corporation
These terms are governed by the laws of the State of Missouri, U.S.A. You consent to the exclusive jurisdiction and venue of courts in Clay County, Missouri, U.S.A. in all disputes arising out of or relating to your use of Cerner Direct Referrals. Any cause of action or claim you may have with respect to Cerner or its suppliers must be commenced within one (1) year after the claim or cause of action arises. Cerner's failure to enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Cerner may assign its rights and duties to any party at any time without notice to you.
Cerner's performance of these Terms is subject to existing laws and legal process, and nothing contained in these terms is in derogation of Cerner's obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of Cerner Direct Referrals or information provided to or gathered by Cerner with respect to such use. If any part of these Terms is determined to be invalid or unenforceable then the invalid or unenforceable provision shall be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. Unless specified otherwise as you use Cerner Direct Referrals, these Terms constitute the entire agreement between you and Cerner with respect to Cerner Direct Referrals and these Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Cerner with respect to Cerner Direct Referrals.
Cerner may change these Terms at any time without advance notice to you. You are responsible for regularly reviewing these Terms. Your continued use of Cerner Direct Referrals constitutes your acceptance of the revised terms.