Vidant Health Terms of Service - Please Read Carefully

These Terms of Service (“Terms”) set out the basic rights and obligations of both Vidant Health and you, a person, company or entity (the “Customer”) as related to technical support services provided via remote control of Customer’s server, workstation, or personal computer (“PC”) (“Vidant Health”) and enabling software (“Service Software”), that must be loaded onto Customer’s computer to be remotely accessed. Customer agrees to be bound by all the terms and conditions of this agreement by registering for and/or using the Service.

By entering the code provided by the Vidant Health support analyst during the registration, you (the “Customer”) represent and warrant that you: (i) are authorized to sign for and bind yourself and any other party on whose behalf you use the Service and (ii) agree for yourself and any other party on whose behalf you use the service to be bound by all of the Terms of Service, including the DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY sections set forth below.

WARNING! By utilizing the Vidant Health service, you will permit others to remotely access your server, workstation, laptop or PC. You are solely responsible and wholly liable for ensuring that the person accessing your server, workstation, laptop or PC has your authorization to do so. You are also solely responsible and wholly liable for the confidentiality and security of your data, software and hardware stored on or accessible through your server, laptop, workstation or PC. You agree that Vidant Health is not responsible or liable for situations where your data, software and hardware is accessed by third parties with or without your authorization or through improper, illegal or illicit means, including, without limitation, situations where data, software and hardware owned by you is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Vidant Health at the time) which may exist.

1. General. The Vidant Health Service provides Customer remote access, using the Internet, between Vidant Health and Customer computer(s). 

 2.  CONFIDENTIALITY. UNLESS CUSTOMER CONSENTS IN WRITING OR DISCLOSURE IS PURSUANT TO A LEGAL POWER, INFORMATION COLLECTED BY Vidant Health REGARDING THE CUSTOMER  PURSUANT TO THIS AGREEMENT IS CONFIDENTIAL AND MAY NOT BE DISCLOSED TO ANYONE OTHER THAN (A) CUSTOMER; (B) A PERSON WHO IN Vidant Health; REASONABLE JUDGMENT IS SEEKING THE INFORMATION AS AN AGENT OF CUSTOMER; (C) Vidant Health EMPLOYEES, AGENTS, CONTRACTORS AND AFFILIATES FOR THE PURPSE OF PERFORMING Vidant Health SERVICE UNDER THIS AGREEMENT, AND/OR (D) TO THE EXTENT REQUIRED OR PERMITTED BY LAW. 

3. DISCLAIMER OF WARRANTIES. THE SERVICE AND SERVICE SOFTWARE AND ANY ACCOMPANYING DOCUMENTATION PROVIDED BY Vidant Health PURSUANT TO THIS AGREEMENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. Vidant Health DISCLAIMS AND EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Vidant Health DOES NOT WARRANT THAT THE SOFTWARE WILL SATISFY CUSTOMER'S REQUIREMENTS OR THAT IT IS WITHOUT DEFECT OR ERROR OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR OWN RISK AND THAT YOU SOLELY ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA FROM YOUR COMPUTER. ANY EXPRESS WARRANTY MADE OUTSIDE OF THESE TERMS IS EXCLUDED AND SUPERCEEDED.

4. LIMITATION OF LIABILITY. Vidant Health, OR ITS AGENTS, SHALL NOT IN ANY CASE BE LIABLE FOR:  (A) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUES, OR FOR LOSS OF COMPUTER PROGRAMS OR DATA, OR FOR INCREASED COST OF OPERATIONS, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE FORM OF ACTION AND EVEN IF Vidant Health HAS BEEN ADVISED OF THE POSSIBILITY THEREOF; (B) ANY DAMAGES ARISING OUT OF OR RELATING TO EQUIPMENT, SOFTWARE, APPLICATIONS, SERVICES, OR CONTENT PROVIDED BY THE CUSTOMER, USERS OR THIRD PARTIES; (C) SERVICE INTERRUPTIONS, ERRORS, DELAYS OR DEFECTS IN TRANSMISSION; (D) UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS OR DESTRUCTION OF THE CUSTOMER’S OR THIRD PARTIES’ INFORMATION, NETWORK OR SYSTEMS BY ANY MEANS, INCLUDING WITHOUT LIMITATION VIRUSES. 

5. INDEMNIFICATION. YOU WILL INDEMNIFY AND HOLD VIDANT HEALTH AND ITS AGENTS HARMLESS AGAINST ANY AND ALL CLAIMS RELATING TO: (A) YOUR UNLAWFUL OR IMPROPER USE OF THE SERVICE AND SERVICE SOFTWARE; (B) YOUR FAILURE TO COMPLY WITH THESE TERMS (C) ANY DAMAGE OR CLAIM CAUSED BY YOUR ACTS OR OMISSIONS, OR ARISING FROM YOUR USE OF THE SERVICE OR SERVICE SOFTWARE.

By clicking OK and proceeding with access, you are agreeing to the above terms.  If you do not agree, click CANCEL and DO NOT PROCEED.  Contact Vidant Health Information Systems for further assistance.

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