Welcome to Cerner – Health & Wellness
Cernerhps.com is an Internet-based online information and communication service. BY ACCESSING OR USING CERNERHPS.COM,YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE CERNERHPS.COM.
Restrictions on Use.
The cernerhps.com website is operated by Cerner Corporation, its subsidiaries and its affiliates, including but not limited to The Health Exchange, Inc. d/b/a Healthe Exchange and Cerner Health Connections, Inc. d/b/a Healthe Clinic (collectively "Healthe"). The cernerhps.com website is offered to you conditioned upon your acceptance, without modification, of the terms, conditions, and notices contained herein (the "Agreement"). Your use of the cernerhps.com website constitutes your agreement to all such terms, conditions and notices, as set forth below and in all links to this Agreement.
Healthe reserves the right to change the terms, conditions, and notices under which the cernerhps.com website is offered, including but not limited to any charges associated with the use of the cernerhps.com website now or in the future. You are responsible for regularly reviewing these terms and conditions.
Personal and Non-commercial Use Limitation.
Unless otherwise specified, the cernerhps.com website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from the cernerhps.com website. Subject to any applicable terms in addition to this Agreement, you may download information, software, products or services obtained from the cernerhps.com website for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
Links to Third Party Sites / Business Relationships.
No Unlawful or Prohibited Use.
As a condition of your use of the cernerhps.com website, you warrant to Healthe that you will not use the cernerhps.com website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the cernerhps.com website in any manner which could damage, disable, overburden, or impair the cernerhps.com website or interfere with any other party's use and enjoyment of the cernerhps.com website. You may not obtain or attempt to obtain any materials or information through any means not made available or provided to you through the cernerhps.com website.
Use of Communication Services.
The cernerhps.com website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with individuals, the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Your participation in the Communication Services may be edited, censored or otherwise controlled by Healthe; however, Healthe has no obligation to monitor the Communication Services. Healthe reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Healthe reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever; provided, however, that any such termination be subject to the terms of any applicable agreements with Healthe. Healthe reserves complete and sole discretion with respect to the operation of the cernerhps.com website. Healthe may, among other things, delete email if it has not been accessed by a user within the time established by any posted Healthe policies. Healthe will not review the contents of email except as required or allowed by applicable law or legal process.
Healthe reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Healthe's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Healthe does not control or endorse the content, messages or information found in any Communication Service and, therefore, Healthe specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Healthe spokespersons, and their views do not necessarily reflect those of Healthe.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
Materials Provided to Healthe or Posted on the cernerhps.com website.
Healthe may, in its sole discretion, review uploaded files, conferences, BBSs, forums, and chats and authorize restrictions on access thereto.
No compensation will be paid with respect to the use of your Submission. Healthe is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Healthe's sole discretion. Healthe will not release your name or otherwise publicize the fact that you submitted materials or other information to it unless: (a) Healthe obtains your permission to use your name; or (b) Healthe first notifies you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) Healthe is required to do so by law.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission(s).
When accessing secure areas on the cernerhps.com website requiring authentication you are responsible for the additional terms and conditions of any agreements between Healthe and you or your employer, client or other associate to the extent the agreements apply to you.
Software Available on the cernerhps.com website.
Any software ("Software") that is made available to download from the cernerhps.com website (excluding software that may be made available by end-users through a Communication Service), is the copyrighted work of Healthe and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
Copyright and Trademark Notices.
All contents of the cernerhps.com website are: Copyright 2008. All rights reserved. Material found on the cernerhps.com website contains the valuable properties of Healthe, embodying substantial creative efforts, no part of which may be reproduced or transmitted in any form or by any means, or retained in any storage or retrieval system, without the express written permission of Healthe.
Healthe reserves all rights in its trademarks, service marks and tradenames.
Notices and Procedure for Making Claims of Copyright Infringement.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to:
2800 Rockcreek Parkway
North Kansas City, Missouri 64117-2551
You represent and warrant that you are at least eighteen (18) years of age and that you possess the legal right and ability to enter into this Agreement and to use the cernerhps.com website in accordance with this Agreement. You agree to be financially responsible for your use of the cernerhps.com website (as well as for use of any account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement. If you have agreed to allow your minor child, or a child for whom you are legal guardian (a "Minor"), to use or register as a member of the cernerhps.com website services, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor's access to and use of the cernerhps.com website; and (c) the consequences of any use of the Services by such Minor.
Much of the information contained on the cernerhps.com website is presented for the purpose of educating consumers on wellness and disease management topics and/or educating the public on emerging healthcare issues, and depending on the services provided to you, the cernerhps.com website may allow you to access other information such as personal health record, claims data, and appointment scheduling. Nothing contained in the cernerhps.com website is intended to be instruction for medical diagnosis or treatment. The information should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. It should not be used in place of a visit, call, consultation or the advice of your physician or other qualified healthcare provider. Information obtained from the cernerhps.com website is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Should you have any healthcare related questions, please call or see your physician or other qualified health care provider promptly. Always consult with your physician or other qualified healthcare provider before embarking on a new treatment, diet or fitness program. You should never disregard medical advice or delay in seeking it because of something you have read on the cernerhps.com website. The information contained on the cernerhps.com website is compiled from a variety of sources ("Information Providers").
THE INFORMATION, SOFTWARE, SOLUTIONS, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CERNERHPS.COM WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HEALTHE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CERNERHPS.COM WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE CERNERHPS.COM WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, TECHNICAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
HEALTHE AND ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE CERNERHPS.COM WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HEALTHE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, SOLUTIONS, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF HEALTHE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS HEALTHE AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR USE OF THE CERNERHPS.COM WEB SITE AND ANY ACCOUNT YOU MIGHT HAVE (INCLUDING INFRINGEMENT OF THIRD PARTIES' WORLDWIDE INTELLECTUAL PROPERTY RIGHTS, MISAPPROPRIATION OF TRADE SECRETS OR OTHER PROPRIETARY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE CERNERHPS.COM WEBSITE.
YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST HEALTHE AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE CERNERHPS.COM WEBSITE.
Information Healthe publishes on the World Wide Web may contain references or cross references to Healthe solutions, programs and services that are not announced or available in your country. Such references do not imply that Healthe intends to announce such solutions, programs or services in your country. Consult your local Healthe business contact for information regarding the solutions, programs and services which may be available to you.
Healthe's obligations with respect to its solutions and services are governed solely by the agreements under which they are provided. If you obtain a solution or service from Healthe from the cernerhps.com website that is provided without an agreement, that solution or service is provided "AS IS" with no warranties whatsoever, express or implied, and your use of that solution or service is at your own risk.
Healthe may deliver notice to you under this Agreement by means of electronic mail, a general notice on the cernerhps.com website, or by written communication delivered by first class U. S. mail to your address on record in Healthe's account information. You may give notice to Healthe at any time via electronic mail to email@example.com or by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:
2800 Rockcreek Parkway
North Kansas City , MO 64117-2551
Attn: Web End User Support, cernerhps.com
This Agreement is governed by the laws of the State of Missouri, U.S.A. You hereby 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 the use of the cernerhps.com website. Use of the cernerhps.com website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Any cause of action or claim you may have with respect to Healthe must be commenced within one (1) year after the claim or cause of action arises. Healthe's 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. Healthe may assign its rights and duties under this Agreement to any party at any time without notice to you.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Healthe as a result of this Agreement or use of the cernerhps.com website. Healthe's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Healthe's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the cernerhps.com website or information provided to or gathered by Healthe with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Healthe with respect to the cernerhps.com website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Healthe with respect to the cernerhps.com website; provided, however, that any separate agreement between the user and Healthe to access secure areas of the cernerhps.com website remain in full force and effect.
Effective Date: April 16, 2007, revised on September 22, 2011