County Of Santa Clara Appointment Scheduling End User License Agreement ('EULA')

PLEASE READ THE TERMS AND CONDITIONS OF THIS EULA CAREFULLY. BY SELECTING THE 'I AGREE' BUTTON BELOW, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS EULA AS OF THE DATE YOU SELECTED THE 'I AGREE' BUTTON. IF YOU DO NOT AGREE TO ALL THESE TERMS, DO NOT SELECT THE 'I AGREE' BUTTON. IF YOU DO NOT SELECT THE 'I AGREE' BUTTON, YOU WILL NOT HAVE ACCESS TO THIS SERVICE AS PROVIDED BY THE COUNTY OF SANTA CLARA ('COUNTY'):

  1. 1. Accessibility
    Subject to the other provisions of this EULA, users of this system shall not enter, disclose or use any non-public personally identifiable information in this system. 'Non-public personally identifiable information (PII)' is defined in California as individual’s first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted:

    • Social Security Number;
    • Driver license number or CA identification card number;
    • Account number or credit card number or debit card number in combination with any required security code, access code, or password that would permit access to an individual’s financial account;
    • Medical information (any information regarding an individual’s medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional);
    • or Health insurance information (an individual’s health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual, or any information in an individual’s application and claims history, including any appeals records).
    • User name or email address, in combination with a password or security question and answer that would permit access to an online account.
    • PII does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.;

     

  2. 2. Warranty
    EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION ON THE SERVICES IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND COUNTY HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND QUIET ENJOYMENT. In no event will County be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the services or information available on the services. Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information in the services. The services may contain technical inaccuracies or typographical errors; County assumes no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions in the services.

  3. 3. Entire Agreement
    This EULA represents the entire agreement between the parties. All prior negotiations and written and/or oral agreements between the parties with respect to the subject matter of the agreement are merged into this EULA.

  4. 4. Modification
    This EULA may only be amended by a written instrument signed by the County.

  5. 5. Severability
    Should any part of the EULA be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the validity of the remainder of the EULA or any individual contract release purchase order which shall continue in full force and effect, provided that such remainder can, absent the excised portion, be reasonably interpreted to give the effect to the intentions of the parties.

  6. 6. Limitation of Liability
    IN NO EVENT SHALL COUNTY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER. IN NO EVENT SHALL COUNTY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY (I) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES IN ANY CONTENT ON THE SERVICES, OR IN DELIVERY OF THE SERVICES (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR INTEROPERABILITY PROBLEMS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VI) ANY ACT OR OMISSION BY ANY SERVICE PROVIDER, (VII) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VIII) YOUR USE, OR INABILITY TO USE, ANY PORTION OF THE SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING YOUR DATA) INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL THE LIABILITY OF COUNTY OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS EXCEED $100.

  7. 7. Indemnification
    You agree to indemnify, defend, and hold County and its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the services, including without limitation, your connection to the services, your violation of the terms of use, your posting of content and materials, your interaction with other users of the Services, your email or text message communication practices, or your violation of any rights of another party.

  8. 8. Governing Law and Venue
    This EULA shall be construed and interpreted according to the laws of the State of California. Proper venue for legal actions shall be exclusively vested in state court in the County of Santa Clara.

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