PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

THIS SITE DOES NOT PROVIDE MEDICAL ADVICE.

Briefly stated:

By using this site, you agree to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site.

MiVIA™ is a program licensed to Community Health Resource & Development Center (CHRDC). CHRDC is a 501(c)(3) non profit corporation whose mission is to enhance health outcomes of under-served populations by providing technical assistance and developing and implementing new technologies to improve lives.

CHRDC may revise and update these Terms and Conditions at anytime. Your continued use of the MiVIA™ Personal Health Record website means that you accept those changes in the Terms and Conditions of use.

The contents of the MiVIA™ Site, such as text, graphics, images, information obtained from MiVIA™ licensors and other material ("Content") contained on the MiVIA™ Site are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis and/or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

Never disregard professional medical advice or delay seeking it because of something you have read on the MiVIA™ Site!

If you think you may have a medical emergency, call your physician or 911 immediately. MiVIA™ does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by MiVIA™, others appearing on the Site at the invitation of MiVIA™, or other visitors to the Site is solely at your own risk.

The MiVIA™ site may contain health or medical related materials or links which you find sexually explicit or otherwise offensive. MiVIA™, its licensors and its suppliers have no control over and accept no responsibility for such materials. You are solely responsible for compliance with the laws applicable to your state or country of residence.

CHILDREN'S PRIVACY

We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

USE OF CONTENT

CHRDC authorizes you to view or download a single copy of the material on the MiVIA™ Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright © 2000 - 2007, CHRDC, " All rights reserved" and other copyright and proprietary rights or notices which were contained in the Content. Any special rules for the use of certain software and other items provided on the MiVIA™ Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

The Content is protected by copyright under United States and foreign laws. Title to the Content remains with CHRDC or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of CHRDC. All rights not expressly granted herein are reserved to CHRDC and its licensors.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

LIABILITY OF CHRDC, AND ITS LICENSORS

The use of the MiVIA™ Site and the Content is at your own risk.

When using the MiVIA™ Site, information will be transmitted over a medium which is beyond the control and jurisdiction of CHRDC, and its suppliers. Accordingly, CHRDC assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the MiVIA™ Site.

The MiVIA™ Site and the content are provided on an "as is" basis. MiVIA™, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for particular purpose.

Specifically CHRDC, its licensors and its suppliers make no representations or warranties about the following:

In no event shall MiVIA™, CHRDC, its licensors, its suppliers or any third parties mentioned on the MiVIA™ Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the MiVIA™ Site or the Content whether based on warranty, contract, tort or any other legal theory, and whether or not MiVIA™ is advised of the possibility of such damages.

CHRDC, its licensors, its suppliers and any third parties mentioned on the MiVIA™ Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content or Public Area (as defined below).

USER SUBMISSIONS

You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party.

MiVIA™ PERSONAL HEALTH RECORDS

MiVIA™ Personal Health Records is a system that allows you to record limited amounts of personal health information on a voluntary basis on servers maintained by CHRDC, or on its behalf. MiVIA™ is structured to allow access only to visitors with a valid password. Whenever you submit or modify your information in your MiVIA™ Personal Health Record, we will send such information over the Internet using encryption technology (Secure Socket Layer (SSL) software). The information you submit to MiVIA™ will be stored on a separate server as an additional security precaution. However, we do not warrant or represent that the information you submit to MiVIA™ Personal Health Records will be protected against, loss, misuse, or alteration by third parties.

You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your MiVIA™ record, password or account. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your Personal Health Records account and password; (3) promptly inform MiVIA™ of any need to deactivate a password. You grant MiVIA™ and all other persons or entities involved in the operation of the Site, including CHRDC, subject to compliance with all applicable state and federal privacy laws, the right to transmit, monitor, retrieve, store and use your information in connection with the operation of the MiVIA™ Personal Health Record. Neither CHRDC nor MiVIA™ can assume any responsibility or liability for any information you submit to MiVIA™ Personal Health Records or your or third parties‘ use or misuse of information transmitted or received using the MiVIA™ Personal Health Record.

ADVERTISEMENTS AND LINKS TO OTHER SITES

MiVIA™ does not endorse the content on any third party websites. MiVIA™ is not responsible for the content of linked third-party sites, sites framed within the MiVIA™ Site, or third party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and is subject to the terms and conditions of use for the specific site(s) you are using. CHRDC does not endorse any product advertised on the MiVIA™ site.

INDEMNITY

You agree to defend, indemnify and hold CHRDC, its officers, directors, employees, agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

GENERAL

MiVIA™ is a program of CHRDC. CHRDC is based in California in the United States of America. CHRC makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the MiVIA™ Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

JURISDICTION

You expressly agree that exclusive jurisdiction for any dispute with CHRDC or in any way relating to your use of the MiVIA™ Site, resides in the courts of the State of Minnesota and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving MiVIA™ or its affiliates, subsidiaries, licensors, employees, contractors, officers, directors, telecommunication providers and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of California without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

COMPLETE AGREEMENT

Except as expressly provided in a particular "legal notice" on the MiVIA™ Site, these Terms and Conditions constitute the entire agreement between you and CHRDC with respect to the use of the MiVIA™ Site, and Content. Your use of the MiVIA™ Personal Health Record Site is also subject to the MiVIA™ Privacy Policy.

Thank you for your cooperation. We hope you find the MiVIA™ Site helpful and convenient to use! For questions or comments regarding this Website, please call us at 707-234-8550 or use the "Feedback" link at the top of this page.

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