CHARLOTTE EYE, EAR, NOSE AND THROAT ASSOCIATES, P.A.
MYCEENTACHART TERMS AND CONDITIONS OF USE

UNAUTHORIZED ACCESS IS STRICTLY PROHIBITED

The Charlotte Eye, Ear, Nose and Throat Associates, P.A. ("CEENTA") myCEENTAchart service ("myCEENTAchart") is an Internet-based on-line information and communication website ("Site"). It is made available to you by CEENTA through our software vendor. Your access to and use of myCEENTAchart is subject to and governed by these terms and conditions ("Terms and Conditions" or "Agreement") and applicable law, rules and regulations. Throughout this Agreement, CEENTA is referred to herein as "CEENTA," "we," or "us." Throughout this Agreement, users of myCEENTAchart will be referred to as "you" or "Users."

BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, OUR NOTICE OF PRIVACY PRACTICES, AND OUR WEBSITE PRIVACY POLICY. PLEASE READ THEM CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SITE. WE MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATION SHALL BE EFFECTIVE UPON POSTING. YOUR CONTINUED USE OF MYCEENTACHART AFTER A MODIFICATION CONSTITUTES YOUR ACCEPTANCE OF ALL OF THE MODIFICATIONS WE HAVE MADE.

NEVER USE MYCEENTACHART FOR EMERGENCY OR OTHER URGENT MEDICAL ISSUES. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR NEED URGENT MEDICAL CARE, IMMEDIATELY CALL 911 (IF YOU ARE IN THE UNITED STATES), GO TO YOUR LOCAL EMERGENCY ROOM, AND/OR CALL YOUR PHYSICIAN.

ALL HEALTH AND HEALTH-RELATED INFORMATION IN MYCEENTACHART IS INTENDED TO BE GENERAL IN NATURE, PROVIDED SOLELY FOR CEENTA PATIENT CONVENIENCE, AND IS NOT A SUBSTITUTE FOR A VISIT TO A LICENSED HEALTHCARE PROVIDER. PLEASE SEE YOUR PHYSICIAN, NOT MYCEENTACHART, FOR ALL MEDICAL ADVICE AND CARE.

MYCEENTACHART CONSTITUTES NEITHER THE PRACTICE OF ANY MEDICAL, NURSING OR OTHER HEALTH PROFESSION NOR THE PROVISION OF HEALTH CARE OR ANY OTHER PROFESSIONAL ADVICE, DIAGNOSIS OR TREATMENT. THE INFORMATION IN MYCEENTACHART IS NOT YOUR COMPLETE, OFFICIAL MEDICAL RECORD, NOR SHOULD IT BE RELIED ON IN ANY WAY FOR MEDICAL DECISION-MAKING OR TO SUGGEST A COURSE OF TREATMENT FOR YOU OR ANYONE ELSE. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, CALL YOUR PHYSICIAN. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN MYCEENTACHART.

General Terms and Conditions

myCEENTAchart currently provides a convenient way for you to do the following, subject to these Terms and Conditions and applicable law, rules and regulations:

  • Have Web-based, end-user, read-only access to portions of your CEENTA medical record;
  • Use secure messaging to communicate with CEENTA providers about your health; receive select lab results from your CEENTA physician; review, make or cancel your CEENTA appointments, or request your prescription refills;
  • View and pay your CEENTA bills online; and
  • Access other general health information that may be of interest to you on certain third party sites.

Please note: myCEENTAchart is not your complete CEENTA medical record, nor is it your official medical record.

Personal Accounts and Proxy Access

Only competent adults or legally emancipated minors may request a personal myCEENTAchart account. Unemancipated minors may not request and will not be granted personal myCEENTAchart accounts.

You will need an online activation code to request a personal myCEENTAchart account. You can request a code by calling CEENTA at 704-295-3526 between 8:00am-5:00pm ET Monday through Friday. The access code will enable you to access myCEENTAchart through this Site, create a personal login name (called "myCEENTAchart ID") and password, read and electronically sign these Terms and Conditions (indicating your voluntary agreement and consent to them), and take other necessary steps to set up your myCEENTAchart account. Once this access code has been used, it will no longer be valid.

"Proxy" access to a CEENTA patient's personal myCEENTAchart account or myCEENTAchart information may be granted to any competent adult whom CEENTA determines in its discretion to be legally authorized to access the health information of another adult CEENTA patient.

Please note: Proxy access is subject to federal and state data privacy, security and confidentiality laws which require CEENTA and its providers to limit, or in some cases prohibit, proxy accounts and/or proxy access to certain patient information in myCEENTAchart.

Please use the appropriate proxy form to gain proxy access. You can request a form by calling CEENTA at 704-295-3526 between 8:00am-5:00pm ET Monday through Friday. We reserve the right to request at any time legal or other documentation showing to our satisfaction that, and the extent to which, a proxy is legally authorized to access a CEENTA patient's information. Proxy accounts granted for any incapacitated adult CEENTA patient will be activated only for the proxy, and not the patient. When a proxy account is created for competent adult CEENTA patient or an emancipated minor CEENTA patient, both the proxy and the patient will have active myCEENTAchart accounts; the patient account holders can turn off proxy access to their account at their discretion at any time. In addition, for all proxy types, the proxy must immediately cease use of myCEENTAchart and notify us if their legal relationship with the affected CEENTA patient changes in any way, by calling CEENTA's Privacy Officer at 1-704-295-3000 between 8:00am-5:00pm ET Monday through Friday.

Personal or proxy accounts are in any event granted in CEENTA's sole discretion, and we reserve the right to modify, limit or revoke proxy access at any time for any reason, with or without notice to the account holder, proxy or anyone else.

Electronic Messaging and Email Privacy

Certain portions of myCEENTAchart permit you to securely exchange electronic messages and other information with CEENTA healthcare providers. You agree that you will not use myCEENTAchart, including its messaging functionality, for emergency or other urgent healthcare needs, or as a substitute for actual medical advice and care by a physician.

We will respond to your message in as timely a fashion as is reasonably possible. It is your sole responsibility to monitor your account for messages and other information and to respond and/or to act (or not) upon them in a timely and appropriate manner.

All electronic messages you send through CEENTA myCEENTAchart will become part of your permanent CEENTA medical record and may be used or disclosed as provided in this Agreement, our Notice of Privacy Practices, and our Website Privacy Policy. Any messages you send must therefore pertain only to YOUR healthcare and medical conditions (or the patient's information, if you are an authorized proxy). As with any electronic communication you send or that is sent for you or on your behalf, it is your responsibility to ensure complete and accurate information is provided. Any response to such communications will be based solely on the information provided.

Your messages may be viewed by individuals other than your individual CEENTA physician once received. Do not use myCEENTAchart's messaging capabilities to communicate information that you wish to discuss only with your CEENTA physician. Do not include private, confidential or sensitive information that you do not want others to see or use in your messages, such as birthdates, Social Security Numbers, medical record numbers, bank, credit card or other account numbers, or any other personally identifiable information.

You will receive an email notification when a new message or other information is available to you through myCEENTAchart. You should then log in to myCEENTAchart to view the message securely. Please note that any person with access to your e-mail will be able to see a notice from myCEENTAchart. It is your sole responsibility to carefully choose the email address you provide for use with your myCEENTAchart account and to take any other necessary precautions to prevent others from gaining unwanted access to these notices.

Connectivity to Personal Health and Other Technology

You may choose to permit CEENTA to connect myCEENTAchart to certain electronic devices (such as your mobile phone, scales, fitness trackers, smartwatches, etc.), applications (such as food diaries, calorie counters, workout journals, etc.) and other things you use (collectively, "personal technology"). Your permission would allow you to transmit to myCEENTAchart and CEENTA to access, obtain and receive certain information, including individually- identifying, personal, sensitive or confidential information, about you ("personal information" or "PI") from this personal technology. Your permission would also allow CEENTA to place and store this PI in CEENTA's electronic health record, and also allow the use by, and its further disclosure by and to, CEENTA and certain other people or organizations of this PI.

You understand and acknowledge that CEENTA is not and will not agree to be a party to any agreements or understandings you may have with third parties concerning any personal technology or PI described above. To the extent you choose to authorize CEENTA to engage in any of the activities described in the preceding paragraph, you also warrant and represent that (i) you have the right to authorize CEENTA to connect to personal technology and to access, obtain, receive, place, store, use and disclose PI for your treatment or other uses or disclosures as described in our Notice of Privacy Practices or Website Privacy Policy; (ii) you are the only authorized user of the personal technology transmitting only your PI through personal technology, and not that of any person or organization other than you; and (iii) none of the CEENTA activities you authorize, otherwise violate or are inconsistent with any terms or conditions concerning the personal technology or any PI accessed, obtained or received in, from or through it.

You acknowledge and agree that any PI accessed, obtained or received in, from or through personal technology with your permission as described above will be placed and stored in, and become a permanent part of, CEENTA's electronic health record. You acknowledge and agree that CEENTA solely and exclusively owns and holds all rights, title and interest in and to all data, including PI, in its electronic health record (as well as in any and all works created or derived by anyone from such data), subject to individual rights, if any, with respect to that data under applicable United States federal or North Carolina state law.

You understand and acknowledge that CEENTA neither owns nor controls any of your personal technology, and that CEENTA accordingly makes no promises, warranties or representations, to you or anyone else, regarding either (i) the confidentiality, privacy, accuracy or completeness of PI accessed, obtained or received or from your personal technology or (ii) the security of any electronic connection to or transmission PI from your personal technology to CEENTA. You understand, acknowledge and agree that you have a responsibility to review any PI in your myCEENTAchart account and to contact your healthcare provider if you believe it is inaccurate or incomplete. If you do not want CEENTA or others to obtain, receive, place store, view, use or disclose PI that is accessible in, from or through personal technology, you may disconnect your personal technology to myCEENTAchart.

Test Results

You may use the myCEENTAchart to view certain test results that are made available to you by your CEENTA physician. Please note that not all test results are available via myCEENTAchart. It is your sole responsibility to follow up with your physician to request, review and discuss any tests or test results, and to inquire with your physician if you do not see results of tests in myCEENTAchart that you believe to have been done.

Online Payments

You may use myCEENTAchart to view your CEENTA billing statements online and make online payments online for healthcare services you receive from us. Please note that we may use a third party to process the payments you make using the myCEENTAchart service. You agree to comply with any terms and conditions of the third-party processor in connection with your use of such third-party processor services.

User Agreement

myCEENTAchart is a voluntary offering from us, and you may elect to register for, or to not register for, a myCEENTAchart account.

You agree that you will:

  • comply with these Terms and Conditions and all applicable laws, rules and regulations governing your access and use of myCEENTAchart;
  • use reasonable efforts to learn how to use myCEENTAchart, and not rely solely on CEENTA for assistance in doing so;
  • not abuse the proxy process;
  • not upload or transmit any communications or content of any type to myCEENTAchart that infringes or violates any rights of any party;
  • use myCEENTAchart only in a manner that is considerate and respectful of your healthcare providers, and not to attack, bully, demean, harass, threaten, or otherwise act in a manner that is disrespectful of your healthcare providers;
  • not use myCEENTAchart as a means to distribute advertising or other unsolicited material to any third party;
  • not post material to myCEENTAchart that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity, infringing, explicit, or otherwise inconsistent with the spirit of these Terms and Conditions,
  • not impersonate another person or create any false account information or record for yourself or others on myCEENTAchart;
  • not attempt to test, probe, or circumvent any privacy, confidentiality, security or like measures protecting myCEENTAchart or the foundation therein;
  • periodically review and update the information you provide to us so that it is kept up-to-date;
  • advise us of any suspected typographical errors, inaccuracies or other errors in any data, information or other material accessible or provided or located on or through myCEENTAchart; and
  • promptly tell us if you wish to discontinue personal or proxy myCEENTAchart accounts or access.

You agree that, by creating a myCEENTAchart account, you expressly consent to (a) using electronic communication methods to (i) accept these Terms and Conditions and (ii) post or email to you all notices provided pursuant to these terms, and (b) the use of electronic records to store information relating to your use of myCEENTAchart and these Terms and Conditions.

You represent and warrant to us that:

  • you are either a CEENTA patient or legally authorized to have proxy access for a CEENTA patient;
  • you reside within the United States;
  • you possess the legal right and ability to agree to these Terms and Conditions; and
  • all information you provide to us in connection with your account setup and activation as well as your access and use of myCEENTAchart is and will be complete and accurate.

Data Security

myCEENTAchart must be accessed with a Secure Sockets Layer (SSL) compatible web browser, such as Internet Explorer, Chrome, Safari or Firefox. Our myCEENTAchart web servers require authentication to access any medical information, and use industry standard encryption technology to encrypt the communications between your web browser and the server.

In order to reduce the risk of your myCEENTAchart account being inappropriately accessed, it will be disabled if your password is entered incorrectly 3 times over a 24 hour period. If you are denied access due to an excessive number of failed logins, contact CEENTA at 704-295-3526 between 8:00am-5:00pm ET Monday through Friday.

You are solely responsible for remembering and maintaining the security of your AVS, online activation code, myCEENTAchart ID, myCEENTAchart password and all other confidential information relating to you and your access and use of myCEENTAchart ("User Information"). It is extremely important that you keep all User Information completely confidential, private and secure, and not provide it to anyone else or allow anyone else access to it. Anyone with access to User Information will have your personal information and can use it to access more. You may click the "Forgot password" link on the sign-in page to reset your password online. You may change your password and certain other security features at any time by contacting CEENTA at 704-295-3526 between 8:00am-5:00pm ET Monday through Friday. You must change your password regularly and notify us immediately if you know or suspect that your myCEENTAchart account and/or User Information have been compromised.

CEENTA takes reasonable and appropriate steps to secure your medical information in myCEENTAchart. We take no responsibility for, and disclaim any and all liability to you or anyone else resulting from, arising out of or in any way relating to or connected with, directly or indirectly, myCEENTAchart confidentiality, privacy or security failures due in whole or in part to any act or omission by you or any third party.

Termination of Agreement; Account Locks, Modifications or Discontinuation

You may terminate this Agreement at any time upon notice to us but then you will have no myCEENTAchart access and your account will be terminated. myCEENTAchart is provided as a patient convenience, and we reserve the right, at any time and without notice or cause, to terminate this Agreement, and/or to temporarily or permanently modify or discontinue the service and/or your account or access, in whole or in part. In addition, we reserve the right, at any time and without notice or cause, to terminate this Agreement, and/or temporarily or permanently lock, modify or discontinue your myCEENTAchart account or access, due to a password reset or failure to login after three (3) tries over 24 hour period; if you are no longer a CEENTA patient or are deceased; following a set expiration date; in the event of threatened or pending legal issues with you, a patient or their family; extended periods of non-use; or if we determine in our sole discretion that you have violated these Terms and Conditions. We may access and monitor your myCEENTAchart usage, including to enforce these Terms and Conditions. You will need to request a new myCEENTAchart account if your account is locked or discontinued following a set expiration date under this agreement or otherwise. The above actions are in addition to and not in lieu or limitation of any other right or remedy we may have available at law or equity. Further, we shall not be liable to you or any third party for any such termination, lock, modification or discontinuance. In the event of the expiration or termination of this Agreement for any reason, all provisions that are intended to survive termination or expiration of this Agreement shall survive, including, but not limited to, CEENTA's rights and remedies hereunder and your duties, obligations and other responsibilities with regard to the myCEENTAchart service.

Use of Content; Ownership

The entire contents of myCEENTAchart constitute a collective work protected under the copyright laws of United States and other federal and state laws. As between CEENTA and you, CEENTA holds the copyright, trademarks, and all other property rights and interests in the collective work. The collective work includes works that are the property of our respective suppliers, licensors, and other content providers (collectively, "Content Providers") licensed to CEENTA, which works and property are protected by copyright, trademark, and other intellectual property laws, and well as other works and all data, information or other materials, including any CEENTA medical records, provided or accessible using myCEENTAchart, in which CEENTA owns all rights, title and interest. Subject to any restrictions or limitations relating to specific material, you are hereby granted a limited non-exclusive right to use myCEENTAchart for Web-based, read-only, end-user access to portions of your CEENTA information, to the extent made available in accordance with applicable law and at the discretion of your CEENTA physician, solely for your own personal, noncommercial purposes, unless otherwise prohibited herein or here under. You agree not to change or delete any proprietary notices from materials downloaded or printed from myCEENTAchart. Unauthorized use of the content may violate copyright, trademark, and other laws. You shall not reverse-engineer, disassemble, decompile, download, print, publish, reproduce, transcribe, store in a retrieval system, translate into any language or computer language, re-transmit in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), redistribute, sell, resell or otherwise put to commercial use of any the content or any copyrighted material or any other works or data, information or other materials located in or provided or accessible through myCEENTAchart. You shall not use any robot, spider, other automated device, or manual process, or any third party to do any of the foregoing without the express prior written consent of CEENTA and any third party owner(s). We (and they) reserve the right to investigate and take appropriate civil and/or criminal legal action with respect to any actual or alleged violation of the foregoing or other infringement upon the intellectual property rights of us, our suppliers or licensors.

We encourage community comments, suggestions and feedback on myCEENTAchart, and we reserve the right to use such communications to modify, improve, or otherwise inform further development of myCEENTAchart. Further, by sending CEENTA any communications using myCEENTAchart, you grant us an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those communications in and on all media now known or later developed, and you also agree that CEENTA is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose, without compensation to you. You hereby warrant that any such input or communications are original with you, or that you have the right to submit such input or communications, and you agree to assign to CEENTA all right title and interest therein which shall be deemed our sole and exclusive property. You agree that you shall have no recourse against CEENTA for any alleged or actual infringement or misappropriation of any proprietary right in your input or communications to us.

Any intellectual property or other property rights not expressly granted to you pursuant to these Terms and Conditions are hereby reserved by CEENTA.

Site Links

This Site and myCEENTAchart may contain links to other sites (such as for general health information and online viewing and payment of CEENTA bills), and these other web sites may provide links to this Site. These links are provided for your convenience only. We may or may not have any control over these sites, and in any event we make no warranties, representations, or endorsements to you about them, and we cannot and do not assume any liability or responsibility for them, including for any content or other items or services provided to you by or through such sites. If you decide to access any of the third party sites linked to myCEENTAchart, you do this entirely at your own risk.

No Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE ACCESS GRANTED BY CEENTA HEREUNDER IS WEB-BASED, READ-ONLY, END-USER ACCESS TO THE MYCEENTACHART SERVICE SOLELY FOR YOUR CONVENIENCE AND FOR THE LIMITED PURPOSES DESCRIBED HEREIN. MYCEENTACHART IS THEREFORE PROVIDED ON AN "AS IS" BASIS ONLY, WITH NO WARRANTY OF ANY KIND AS TO MYCEENTACHART OR WITH RESPECT TO ANY INFORMATION, PRODUCTS, SERVICES, PRODUCTS OR MATERIALS ACCESSIBLE OR PROVIDED ON OR THROUGH MYCEENTACHART, AND ALL ACCESS TO, AND/OR USE OR FURTHER DISCLOSURE OF ANY OF THE FOREGOING IS ENTIRELY AT YOUR OWN RISK. CEENTA DOES NOT MAKE AND, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY DISCLAIMS ANY AND ALL WARRANTIES OR GUARANTEES, PURSUANT TO STATUTORY OR COMMON LAW, EXPRESS OR IMPLIED, IN OR UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THAT MY CHART OR THE INFORMATION OR MATERIALS ACCESSIBLE OR LOCATED IN OR PROVIDED THROUGH MYCEENTACHART WILL BE ERROR-FREE, OR AS TO EASE OF OR SECURE, TIMELY OR CONTINUOUS ACCESS TO, OR AS TO FREEDOM FROM ANY POSSIBLE CONSEQUENCES SUCH AS LOSS OF DATA OR VIRUSES OR ANY OTHER CONTAMINATION, OR DESTRUCTIVE SOFTWARE OR PROGRAMS OR CODE ARISING FROM OR IN CONNECTION WITH SUCH ACCESS TO OR USE OF, OR OTHERWISE AS TO MERCHANTABILITY, ACCURACY, COMPLETENESS, ADEQUACY, TIMELINESS, USEFULNESS, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE OF, MYCEENTACHART, ANY INFORMATION OR MATERIALS ACCESSIBLE OR PROVIDED ON OR THROUGH SUCH, OR ANY OTHER EQUIPMENT, SYSTEMS, SOFTWARE, CLINICAL RECORDS OR OTHER DATA MADE ACCESSBLE OR PROVIDED HEREUNDER.

YOUR ACCESS USE OF MY CHART IS SOLELY AT YOUR DISCRETION. YOU SOLELY ASSUME ALL RISKS ASSOCIATED WITH SUCH AND USE OF MY CHART, ANY INFORMATION OR MATERIALS ACCESSIBLE OR PROVIDED ON OR THROUGH SUCH, AS WELL AS OF RELATED OR LINKED SITES, PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION THE RISKS OF DATA ERROR, CORRUPTION, LOSS, INTRUSION, UNAUTHORIZED ACCESS, USE OR DISCLOSURE, FAILURE OR DELAY, OR INTERRUPTION.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CEENTA OR CEENTA'S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY, OR ANY REPSONSIBILITY OR LIABILITY FOR CEENTA, AS TO ANY OF THE FOREGOING.

Limitation of Liability; Release; Indemnity; Equitable Relief; Time Limit on Claims

YOU, ON YOUR OWN BEHALF AND THAT OF ANY OTHER PERSON OR ENTITY WHO MAY CLAIM BY OR THROUGH YOU OR ON YOUR BEHALF, AS WELL AS ON BEHALF OF ANY PERSON OR ENTITY ACCESSING THE SITE USING YOUR ACCOUNT OR PASSWORD, AGREE THAT NEITHER WE, NOR ANY OF OUR OFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, AFFILIATES, CONTENT PROVIDERS OR SUPPLIERS (COLLECTIVELY, THE "CEENTA INDEMNITIEES") SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE CEENTA INDEMNITEES FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CEENTA INDEMNITIEES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES' WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR SERVICE ACCOUNT.

YOU ACKNOWLEDGE THAT THE RECOVERY OR THREATENED BREACH OF DAMAGES, INDEMNITIES OR OTHER COMPENSATION HEREUNDER MAY NOT BE AN ADEQUATE MEANS TO REDRESS A BREACH OF THIS AGREEMENT BY YOU AND, ACCORDINGLY, YOU SPECIFICALLY AGREE THAT ANY OR ALL OF THE CEENTA INDEMNITEES SHALL HAVE THE RIGHT OF INJUNCTIVE RELIEF AND SPECIFIC PERFORMANCE HEREOF, WITHOUT THE REQUIREMENT OF PROVING DAMAGES, OR POSTING BOND OR OTHER SURETY, IN ADDITION TO ANY OTHER AVAILABLE REMEDIES THEY MAY HAVE HEREUNDER OR OTHERWISE AT LAW OR EQUITY.

ANY CLAIM OR CAUSE OF ACTION, REGARDLESS OF THEORY, BROUGHT BY YOU (OR ANYONE CLAIMING BY OR THROUGH YOU OR ON YOUR BEHALF) AND ARISING ACCESS OR OUT OF OR RELATING TO OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION WITH RESPECT TO YOUR USE OF MYCEENTACHART, MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE DATE OF THE OCCURRENCE OF THE EVENT (OR, IF A SERIES OF EVENTS, THE FIRST EVENT IN SUCH SERIES) GIVING RISE TO THE CLAIM OR CAUSE OF ACTION OR SUCH CLAIM OR CAUSE OF ACTION SHALL BE FOREVER BARRED.

Choice of Law, Jurisdiction and Venue

These Terms and Conditions are entered into in the State of North Carolina and shall be governed by and construed in accordance with the laws of the State of North Carolina, exclusive of its choice of law rules. You agree to submit to the exclusive jurisdiction of the state and federal courts sitting in Mecklenburg County, North Carolina for any dispute with or claim against CEENTA arising out of, in connection with or otherwise relating to this Agreement, and you hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney fees.

We and this Site are located and operated in the State of North Carolina, United States; this site and myCEENTAchart are intended for use only by our patients who are residents of the United States; and we follow the laws of the United States and the State of North Carolina with regard to the operation of the site and myCEENTAchart, including the laws of the United States and the State of North Carolina relating to use and protection of personally identifiable data and protected health information. We will not be held to laws or standards of other jurisdictions other than those of the United States and the State of North Carolina. Use of myCEENTAchart is not authorized in any jurisdiction that does not give effect to these Terms and Conditions.

Miscellaneous

Notwithstanding any provision hereof, for all purposes of this Agreement each of us shall be and act as an independent actor and not as partner, joint venturer, agent, employee or employer of the other and shall not, nor attempt to, enter into contracts on behalf of one another. Nothing herein shall in any way or in any manner be deemed to create any obligation or liability of either party to, or any rights or remedies in, or otherwise confer any benefits upon, any person or entity that is not a party hereto.

This Agreement will not be presumptively construed for or against either party. The section headings used herein are for reference and convenience only, and shall not enter into the interpretation hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

All of our rights and remedies provided in this Agreement are cumulative and not exclusive of any other rights or remedies that may be available to us hereunder or otherwise at law or equity. Further, any failure on our part to act with respect to a violation by you or others of these Terms and Conditions does not waive our right to act with respect to subsequent or similar violations.

You shall not assign this Agreement or your duties, rights or remedies provided hereunder to any third party, and any such attempted assignment will be voidable at our option. CEENTA may assign this Agreement and its duties, rights and remedies hereunder to any third party at any time without notice to you.

This Agreement constitutes the entire agreement between CEENTA and you pertaining to the subject matter hereof. You agree to provide any and all information, and to enter into such further written agreements, as may be reasonably requested by CEENTA in order to validate the acknowledgements, understandings, agreements, representations and warranties and to preserve CEENTA's rights as stated above.

You understand and agree to enter into an electronic contract (i.e., this Agreement), and that a paper record of this Agreement can be obtained by printed this page or requested by writing or faxing to the following address: 6035 Fairview Road, Charlotte, North Carolina 28210, Fax 704-295-3468. You can also withdraw your consent to these Terms and Conditions by writing to this same address, but then you will not be able to access or use myCEENTAchart. In regard to myCEENTAchart and this Site, where any provision(s) of this Agreement conflict with any other term, policy or condition published on or otherwise applicable to this Site or any other CEENTA website, the relevant provision(s) of this Agreement shall control, prevail and be enforced.

Your Agreement

I HAVE READ THE MYCEENTACHART TERMS AND CONDITIONS AND THE NOTICE OF PRIVACY PRACTICES AND WEBSITE PRIVACY POLICY REFERENCED ABOVE. I UNDERSTAND THEM. I AGREE TO THEM. I CONSENT TO THEIR PROVISIONS VOLUNTARILY.