SMART™ INTERFACE

TERMS AND CONDITIONS


These terms and conditions govern the use of this SMART™ Website and Portal (the Interface); by using this product, service and website portal, you accept these terms and conditions in whole as outlined.

You must be at least eighteen (18) years of age to use this Interface. By using this Interface you warrant and represent that you are at least eighteen (18) years of age.

This Interface may use encrypted session cookies that will expire upon browser log off.

Voice calls that are routed through and utilize this interface may be recorded for quality assurance.

By choosing to Opt-In and using this Interface you agree and acknowledge that you have read and understand the Terms and Conditions contained herein.

License

Unless indicated otherwise, the owner(s) of this Interface own and control the intellectual property rights and other ownership rights contained within, along with other material contained within the Interface. All property rights are strictly reserved.

You may view; download, and print pages from the Interface’s content for your own business purpose and use, subject to the restrictions set forth in these terms and conditions.

You are expressly prohibited from:

• Republishing material from this Interface and/or website without the Owner’s written consent.

• Selling, renting or sub-licensing any material from the Interface.

• Reproducing, duplicating, copying or otherwise exploiting material on this Interface for any commercial purpose whatsoever.

• Editing or otherwise altering or modifying any material contained within the Interface or obtained from it, regardless of the method of receipt.

• Redistributing any material from the Interface except for content specifically approved and expressly made available by Owner for redistribution or for other approved and legitimate business purposes.

Restricted access

Access to certain areas of this Interface may be restricted. We reserve the right to restrict access to any area of this website in whole or in part for any reason and at our sole discretion.

In the event that a user ID and Password are provided to enable you to access restricted areas of this website or other content and services, you must ensure that the user ID and Password are kept confidential and take all reasonable steps to maintain its confidentiality. In the event that you reasonably believe that the confidentiality of your user ID and/or Password have been compromised you must immediately notify us.

We reserve the right to disable your provided user ID and Password at our sole discretion without notice or cause.

Acceptable use

You must not use this Interface in any way that causes, or may cause damage to the Interface or data; or cause impairment of the availability or accessibility of the Interface; or for any activity which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this Interface to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, or other malicious computer software.

You must not conduct any systematic or automated data collection activities including and without limitation, data mining, data extraction and data harvesting on or in relation to this Interface or its data without express written consent from the owner.

You must not undertake any activity that in any way may cause exposure of any private or confidential information of which you have been provided access through the use of a Login and Password provided to you.

No warranties

This Interface is provided “as is” without any representations or warranties, expressed or implied. We make no representations or warranties in relation to this Interface or the information, data and materials provided on and though the Interface.

Without prejudice to the generality of the foregoing paragraph, no warranties are expressed of any kind that:

• This Interface will be available.

• The information contained on or transmitted by this Interface is complete or accurate.

Limitations of liability

We will not be liable to you under any instance of applicable law in relation to the contents of, or use of, or otherwise in connection with, this Interface:

• to the extent that the Interface is provided to you for no direct cost, for any direct loss

• for any indirect, special or consequential loss

• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data

• For any penalties resulting from the non compliance of applicable HIPAA laws and standards or other Privacy laws that you, your company and its agents and/or assigns may or may not be subject to, or that may apply to any information obtained from or transmitted by whatever means through this Interface

Revisions

We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this Interface from the date of the publication of the revised terms and conditions and by your use of this Interface you acknowledge and agree to the most current version of the Terms and Conditions.

Severability

If any provision of these terms and conditions is determined by any court or other competent governing authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Governing jurisdiction

These terms and conditions will be governed by and construed in accordance with Federal and State law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of Oregon.