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3M HIS Terms of Use

1. Agreement Between User and 3M HIS

This is an agreement between you and 3M HIS. By clicking "I agree" below and using the 3M HIS web site, you agree to the following terms and conditions (the "Terms of Use") governing your use of this web site and 3M HIS (collectively, the "Service"). If you are agreeing to these Terms of Use on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms of Use, in which case the terms "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with these Terms of Use, click "I do not agree" below and you will be directed away from this web site.

If you have a written agreement signed by you and 3M HIS that governs the use of the Service, any inconsistencies between these Terms of Use and your written agreement shall be resolved in favor of the written agreement.

2. License Grant & Restrictions

The Service includes articles, white papers, blog entries and comments, user communications, and other documents and materials ("Content") that users or 3M HIS post to the Service. The use of health care data that 3M HIS clients submit to 3M HIS and access through the Service as well as personal information of users, affiliates, clients, customers or vendors of 3M HIS Clients is governed by written agreements between 3M HIS and its clients. Such data is not "Content" as that term is used in these Terms of Use. 3M HIS hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service and the Content, solely for your own internal business purposes, subject to these Terms of Use. 3M HIS and its licensors reserve all rights not expressly granted to you. You may not access the Service if you are a direct competitor of 3M HIS, except with 3M HIS's prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. Except as otherwise permitted in the service agreement, you shall not (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit the Service or the Content or make the Service or the Content available to any third party; (b) modify or make derivative works based upon the Service or the Content; (c) "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (d) reverse engineer or access the Service in order to build a competitive product or service, build a product using similar ideas, features, functions or graphics of the Service, or copy any ideas, features, functions or graphics of the Service. You shall not interfere with or disrupt the integrity or performance of the Service or the data contained therein or attempt to gain unauthorized access to the Service or its related systems or networks.

3. Access to Third Party Web Sites, Content, Products and Services

The Service may provide links to web sites, content, products and services from third parties, including users, affiliates and sponsors of the Service. You agree that 3M HIS is not liable for the availability or contents of third party web sites, and that the risk for using the content on these sites is entirely yours.

4. Your Responsibilities

You are responsible for all activity occurring under your user accounts and shall abide by all applicable laws and regulations in connection with your use of the Service. You understand that the Service gives you access to Protected Health Information ("PHI") as defined in the U.S. Health Insurance Portability and Accountability Act and its implementing regulations ("HIPAA"). You are responsible for ensuring that uses and disclosures of PHI accessed through the Service comply with HIPAA and all other applicable laws and regulations. You agree to: (i) notify 3M HIS immediately of any unauthorized use of any password or account or any other known or suspected breach of security or of PHI; and (ii) report to 3M HIS immediately and use reasonable efforts to stop any unauthorized copying or distribution of PHI that you know of or suspect.

5. Providing and Accessing Content

You may contribute Content to the Service. You agree that you will not: (a) publish or disseminate Content that infringes any intellectual property right or other proprietary right of any third party; (b) publish or disseminate Content that is false, misleading, libelous, defamatory, obscene, pornographic, abusive, or offensive; (c) falsify or delete any author attributions or notices designating the proprietary nature or source or origin of any Content; (d) falsify your identity or provide any false or misleading information in order to gain access to the Service; or (e) violate any applicable laws or regulations. 3M HIS may remove from the Service any Content that violates these prohibitions. If you contribute Content to the Site, you grant 3M HIS the right to use such Content and to share such Content with others. If you contribute Content that contains suggestions, ideas, enhancement requests, feedback, or recommendations concerning 3M HIS's products and services (collectively, "Ideas"), then you grant 3M HIS unlimited rights with the right of sublicense to use, modify, copy and distribute the Ideas.

6. Internet Delays

The Service may be subject to limitations, delays, downtime, outages and other problems inherent in the use of the Internet and electronic communications. 3M HIS is not responsible for any delays, delivery failures, or other damage resulting from such problems.

7. Limitation of Liability

3M HIS MAKES NO REPRESENTATION ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR SUITABILITY OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND AND 3M HIS DISCLAIMS ALL SUCH WARRANTIES OR CONDITIONS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER YOU NOR 3M HIS SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF A PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Questions or Additional Information:

If you have questions regarding these Terms of Use or wish to obtain additional information, please send an e-mail to 3MAcctMgmt@mmm.com.