2014-141 Health - NC HIE to oversee, administer and operate electronic health information exchange network

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12. DISCLAIMERS. (a) Carver Lines. The parties acknowledge that access to the HIE Network is to be provided over various facilities and communication lines, and information will be transmitted over facilities and communications lines, and information will be transmitted over local exchange and Internet backbone carrier lines and through routers, switches, and other devices (collectively, "carrier lines") owned, maintained and serviced by third-party carvers, utilities,and Internet service providers, all of which are beyond NC HIE's control. NC HIE HEREBY DISCLAIMS ANY LIABILITY FOR OR RELATING TO THE INTEGRITY, PRIVACY, SECURITY, CONFIDENTIALITY, OR USE OF ANY INFORMATION WHILE IT IS TRANSMITTED ON THE CARRIER LINES, OR ANY DELAY, FAILURE, INTERRUPTION, INTERCEPTION, LOSS, TRANSMISSION, OR CORRUPTION OF ANY PATIENT INFORMATION OR CONFIDENTIAL BUSINESS INFORMATION ATTRIBUTABLE TO TRANSMISSION ON THE CARRIER LINES. USE OF THE CARRIER LINES IS SOLELY AT THE RISK OF EACH PARTICIPANT AND ITS AUTHORIZED USERS, AND IS SUBJECT TO ALL APPLICABLE LOCAL, STATE, NATIONAL AND INTERNATIONAL LAWS. (b) HIE SERVICES AND SOFTWARE. THE HM SERVICES AND ALL ASSOCIATED SOFTWARE ARE PROVIDED ON AN "AS IS' BASIS ONLY. ACCORDINGLY,BUT WITHOUT IN ANY WAY LIMITING THE GENERALITY OF THE FOREGOING, NC HIE DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ASSOCIATED SOFTWARE WILL MEET THE REQUIREMENTS OF ANY PERSON OR WILL OPERATE ERROR-FREE OR CONTINUOUSLY, AND NC HIE MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND,EXPRESS OR IMPLIED, INCLUDING WARRANTIES OR REPRESENTATIONS CONCERNING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY ONE OR MORE OF THE GOODS AND SERVICES REFERRED TO ABOVE_THE PARTIES AGREE THAT NO AGREEMENTS, REPRESENTATIONS OR WARRANTIES OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT AND THE NC HIE PRIVACY AND SECURITY POLICIES HAVE BEEN MADE, AND THAT NO FUTURE AGREEMENT, REPRESENTATION OR WARRANTY OF ANY PARTY WITH REGARD TO INFORMATION, GOODS OR SERVICES PROVIDED UNDER THIS AGREEMENT SHALL BE EFFECTIVE UNLESS EXPRESSLY STATED IN AN AMENDMENT TO, OR AN AMENDED AND RESTATED VERSION OF,THIS AGREEMENT. (c) PATIENT INFORMATION.PATIENT INFORMATION THAT MAY BE PROVIDED TO PARTICIPANTS AND THEIR AUTHORIZED USERS THROUGH THE HIE NETWORK ARE BEING PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND,EXPRESSED OR IMPLIED,WHETHER STATUTORY OR COMMON LAW, ARISING FROM COURSE OF DEALING, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE_ NO PARTY WARRANTS THAT THE PERFORMANCE OF ITS SYSTEM OR THE HIE NETWORK OR THE DELIVERY OF PATIENT INFORMATION WILL BE TIMELY, UNINTERRUPTED, OR ERROR FREE. 13. LIMITATIONS OF PARTY LIABILITY. 13