KC CareLink - A Health Information Exchange

Terms of Use

Welcome to the website of Kansas City Care Network ("KCCN") (the "Site"). Please review these Terms of Use. By accessing or using the Site, you agree to follow and to be legally bound by these Terms of Use.

1. OWNERSHIP AND USE OF SITE MATERIALS
The Site contains information, data, logos, graphics, images, photographs and other elements and materials (collectively, "Materials") that are owned by and are the copyrighted works of KCCN or its third party providers. KCCN also owns a copyright in the selection and arrangement of the Materials. Except as stated herein, you may not use, copy, reproduce, modify, create derivative words from, distribute, republish, download, display, post or transmit in any form or by any means, including electronic, mechanical, photocopying, recording or other means, any Materials without the prior written permission of KCCN. Any unauthorized use of any Materials contained on this Site may violate copyright, trademark, privacy, publicity or communications laws and regulations.

KCCN hereby grants you permission to copy, print and download Materials on this Site on an occasional and irregular basis, provided that: (1) all the copyright and other proprietary notices appear in the Materials; (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer, broadcast in any media or used for commercial gain; and (3) the Materials are not modified in any way.

2. TRADEMARKS
"KC CareLink" and other marks are trademarks of KCCN and may be registered in certain jurisdictions. Other company names, marks, logos and symbols may be the trademarks of its third party providers or other third parties. Any unauthorized use of any such trademarks may be a violation of the rights of KCCN or a third party.

3. ON-LINE CONDUCT
You may not use the Site for any unlawful purpose or to collect personal information about users. You may not transmit through or post on the Site any unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful or any racially, ethnically or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate applicable laws.

4. LINKS TO THIRD PARTY SITES
This Site contains links to websites controlled by parties other than KCCN. KCCN does not screen or endorse and is not responsible or liable for the contents or use of these third party sites or for their policies respecting privacy of personal information. KCCN is providing these links to you only as a convenience.

5. TERMINATION OF ACCESS
KCCN may cease operating the Site or terminate your access to all or part of the Site, without notice, at any time, for any reason.

6. DISCLAIMERS RESPECTING SITE
THE SITE AND MATERIALS ARE PROVIDED "AS IS," AND THE USE OF THE SITE AND MATERIALS IS AT YOUR SOLE RISK. KCCN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE, THE OPERATION OF THE SITE, THE MATERIALS OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. KCCN HEREBY DISCLAIMS, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

KCCN DOES NOT REPRESENT OR WARRANT THAT ANY INFORMATION ACCESSIBLE ON OR THROUGH THE SITE IS ACCURATE, COMPLETE OR CURRENT. ALL INFORMATION IS SUBJECT TO CHANGE WITHOUT PRIOR NOTICE TO USER AND WITHOUT UPDATING THE INFORMATION ON THE SITE.

7. LIMITATION OF LIABILITY RESPECTING SITE
KCCN SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE USE OF THE SITE OR THE MATERIALS, INCLUDING INTERRUPTIONS, ERRORS, DEFECTS, VIRUSES OR DELAYS IN OPERATION OR TRANSMISSION. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING COMPENSATORY, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OR INACCURACY OF DATA OR LOSS OF REVENUE).

8. INDEMNIFICATION BY SITE USER
You agree to hold KCCN and its affiliates harmless from and indemnify them against any claims by third parties based on or related to your on-line actions, your failure to comply with these Terms of Use or your use of the Site or the Materials and all damages, costs and expenses relating thereto.

9. PRIVACY POLICY
Currently, KCCN does not share your e-mail address or other personal profile information with third parties for marketing purposes without your prior consent. KCCN may use and collect your personal profile information and certain other automatically collected information for KCCN’s own marketing purposes and to create aggregate reports, but no reports furnished to third parties will contain any personally identifiable information.

Notwithstanding the foregoing, KCCN will (a) comply with all laws and court orders and cooperate fully with state, local and federal officials in any investigation relating to any content (including electronic communications transmitted to KCCN on or through the Site) or purported unlawful activities of any user, and (b) take reasonable measures to protect its proprietary rights and business operations.

10. CHANGES TO SITE OR TERMS OF USE
KCCN may make improvements or changes to the Site or to the services and programs described on this Site at any time without notice. KCCN may revise these Terms of Use at any time, without prior notice, by posting the revision or the revised Terms of Use on the Site; any revision is effective upon your accessing this Site.

11. LOCAL LAWS; EXPORT CONTROL
KCCN makes no representation that the Site or the Materials are appropriate or available for use outside the USA. If you use this Site from locations outside the USA, you are responsible for compliance with USA and foreign export and import laws and regulations and all applicable local laws. All marketing or promotional materials found on this Site are directed solely to individuals and entities located in the USA.

12. RIGHTS AND REMEDIES OF KCCN
You agree that KCCN shall have all rights and remedies provided under these Terms of Use and under applicable law.

13. GOVERNING LAW; CHOICE OF FORUM
These Terms of Use and all other transactions conducted through the Site or with KCCN will be governed by and construed and enforced under the laws of the State of Missouri (excluding any conflict of laws rules). These Terms of Use represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional, communications. The exclusive jurisdiction and venue for any legal proceedings relating to these Terms of Use or to the Site or transactions or activity conducted on or relating to the Site will be the appropriate state or federal courts in Clay County or Jackson County, Missouri; you consent to such jurisdiction and waive all objections to such courts based on jurisdiction, venue and inconvenience of the forum.

14. LEGAL CONTACT INFORMATION
If you have any questions about these Terms of Use, please contact KCCN at info@KCCareLink.org.