Terminology

The following terminology applies to these Terms of Use. The “Company” “we” “us” and “our” refers to Physician Health Partners, LLC and its subsidiaries and affiliates, including (but not limited to) PHP Prime, LLC and CCHA, LLC. “User” “you” and “your” refers to the authorized person accessing this Portal and accepting these Terms of Use. “Providers” refers to the authorized health care providers of the Company.

Access and Use of Information

In order to be able to access the information offered on this Portal, you will need to use a specific user ID, email address or other login information, such as a password (collectively, your “Login Information”). You must not disclose your Login Information to any person or otherwise allow any person to access this Portal using your Login Information.

Your access to and use of this Portal is subject to all applicable federal, state, and local laws and regulations. You represent and warrant that you will not use this Portal in any manner or for any purposes that are unlawful or prohibited by these Terms of Use.

You must take your own precautions to ensure that the process which you employ for accessing this Portal does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Portal or any Linked Site.

We reserve the right to immediately suspend or terminate your ability to access this Portal if you breach these Terms of Use or if we determine that your use is or may be unlawful.

Modification and/or Termination of Portal

This Portal may be modified, revised, or upgraded from time to time by the Company without notice or liability. The Company may change, suspend, or discontinue any aspect of this Portal at any time. The Company may also impose limits on certain features of this Portal and/or restrict your access to parts or all of this Portal without notice or liability. The Company shall not have any ongoing obligation to provide this Portal, thus, the Company may cease to operate this Portal at any time and for any reason.

Information Warnings

The information contained on this Portal is provided by us in good faith on an "as is" basis and all Users must verify the information before using the information. We do not make any representation or warranty that the information contained on this Portal is reliable, accurate, or complete or that your access to that information will be uninterrupted, timely, or secure. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this Portal.

You should make your own inquiries and seek advice before acting or relying on any information or material which is made available to you pursuant to this Portal.

You acknowledge that we may be only a distributor, not a publisher, of content on this Portal and that our editorial control may be limited to the selection of materials to make available. Where the information made available contains opinions or judgements of third parties, we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice.

Disclaimer

This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

Neither we nor any of our affiliates accept responsibility for any loss or damage, however caused (including through negligence), which any person may directly or indirectly suffer in connection with or arising from your use of this Portal or any Linked Site or your use of or reliance on information contained on or accessed through this Portal. To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms of Use is hereby excluded.

You agree that the limitations and exclusions set out in these Terms of Use are reasonable having regard to the relevant circumstances and the use you are permitted to make of this Portal.

Indemnity

You indemnify us and our affiliates, partners, employees, and agents against all actions, claims, and demands (including the cost of defending or settling any action, claim, or demand) which may be instituted against us arising out of a failure by you or by any person using your Login Information (whether or not you have authorized that person to use your Login Information) to comply with these Terms of Use.

Trademarks

The trademarks, service marks, and logos used and displayed on this Portal are trademarks of the Company and others. Elements of this Portal are protected by trademark, trade dress, and other laws and may not be copied or imitated, in whole or in part. No right or license to use any trademark, service mark, logo, graphic, sound, image, or other aspect of this Portal is granted by these Terms of Use.

Copyright

Copyright in this Portal (including text, graphics, logos, icons, sound recordings, and software) may be owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. Except as expressly authorized by these Terms of Use, you may not in any form or by any means (i) adapt, reproduce, store, distribute, print, display, perform, publish, or create derivative works from any part of this Portal or from any information obtained from this Portal; or (ii) commercialize any information, products, or services obtained from any part of this Portal, without our written permission or, in the case of third party material, from the owner of the copyright in that material.

Permissible Use

Unless we agree otherwise in writing, you are provided with access to this Portal for your use only. You may access, download, and use material displayed on this Portal for internal business use only in accordance with these Terms of Use. You may not make derivative works, distribute, modify, or otherwise use this Portal for public or non-business purposes without prior written permission from us. This Portal contains names, logos, trademarks, service marks, and other intellectual property which may not be used by you for any purpose without prior written permission from us.

You may not disclose or sell information obtained from this Portal to any third party, or copy or create a link to any page of this Portal without our prior written consent. These obligations of confidentiality do not apply to any information which is already in the public domain, other than through a breach by you of this obligation, or which is required to be disclosed by law or a regulatory body.

Confidentiality

You understand that you may receive certain Confidential Information from the Company and/or its Providers. “Confidential Information” includes this Portal, trade secrets, proprietary rights, financial, sales, and marketing data, patient information, and any other information transmitted via this Portal. You agree that you will not disclose, use, sell, or reproduce Confidential Information to any third party. You agree that upon written request you will return any and all written or tangible materials (including all copies) of Confidential Information in your possession to us. You acknowledge that the Confidential Information is of a special, unique and extraordinary character, and that a breach of these Terms of Use by you will cause continuing and irreparable injury to the Company and its Providers for which monetary damages would not be an adequate remedy. In the event of a breach of these Terms of Use, in addition to any other legal remedies available, the Company and its Providers have the right to seek injunctive or other equitable relief without any requirement for the posting of any security or bond.

Regulatory Compliance/Privacy

Certain Users may have access to personally identifiable information, protected health information, financial information, and other private information or data retained by the Company and/or its Providers in connection with health care treatment provided to patients and/or the business operations of the Company and its Providers. If you have access to such information through this Portal, you acknowledge and agree to follow all privacy and security laws (including but not limited to those under the Health Insurance Portability and Accountability Act (HIPAA)), and all other federal, state, and local laws and regulations, as applicable. For the avoidance of doubt, all such information and data shall be deemed Confidential Information.

Linked Sites

This Portal may contain links to other websites (“Linked Sites”). Those links are provided for convenience only and may not remain current or be maintained. We do not monitor or review the content of Linked Sites.

Our links with Linked Sites should not be construed as an endorsement, approval, or recommendation by us of the owners or operators of those Linked Sites, or of any information, graphics, materials, products, or services referred to or contained on those Linked Sites. Opinions expressed or material appearing on Linked Sites are not necessarily shared or endorsed by us, and we should not be regarded as the publisher of such opinions or material.

Please be aware that we are not responsible for the privacy practices, or content, associated with Linked Sites. We encourage Users to be aware when they leave our Portal and to read the privacy statements of Linked Sites. You should evaluate the security and trustworthiness of any Linked Site before disclosing any personal information to them. The Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Cookies/User Activity

We may collect general information such as your IP address, device information, demographic information, location date, and the domain name and country from which you access this Portal. This includes the use of "cookies." Most browsers can be configured so as not to accept cookies, however this may affect the functionality of this Portal.

In addition, we may track all User activity which can be associated with the originating account. This includes the date and time of your visit (i.e., login/logout), account updates, the pages you access, all opens of files or reports, and any action in which the User generates any data stored by our systems.

Log Files

We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information, including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties, and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Security of Information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.

Termination of Access

Access to this Portal may be terminated by us at any time without cause and without notice. These Terms of Use will survive any such termination.

Governing Law

These Terms of Use are governed by the laws in force in the State of Colorado. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

General

We accept no liability for any failure to comply with these Terms of Use where such failure is due to circumstance beyond our reasonable control. If we waive any rights available to us under these Terms of Use on one occasion, this does not means that those rights will automatically be waived on any other occasion. If any of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Use shall nevertheless continue in full force.

These Terms of Use were last updated on August 27, 2020.