Effective: July 12, 2024

Last Updated: July 12, 2024

Banner Medications Terms of Use

These Terms of Use pertain to the Banner Medications mobile application (hereafter referred to as “the App”), which is developed and managed by EveryDose, Inc (“EveryDose” or “We”). The App is provided under a white-label arrangement with Banner Health (“Banner Health”).

EveryDose, Inc. (“EveryDose”, “We”, or the “Company”) provides an online service to help users organize, track and manage information related to their medications, health, and overall care (the “Services”), accessible via the Banner Medications mobile application for the iOS and Android operating systems (the “App”).

Please read the following Terms of Use (“Terms”) carefully. These Terms govern your access to and use of the Services and constitute a legally binding contract between you and EveryDose. In addition, our Privacy Policy describes how we collect, use, and disclose personal information from you. The Privacy Policy forms a part of these Terms.

By accessing or using the Services, you agree to be bound to all of the terms and conditions described in these Terms. If you do not agree to all of these Terms, you have no right to access or use the Services.

1. The Banner Medications App Does Not Provide Medical Advice

IF YOU ARE HAVING A MEDICAL EMERGENCY, DIAL 911 IMMEDIATELY.

The Banner Medications app does not provide medical or pharmaceutical advice. We are not health care providers, and our Services are not intended to replace healthcare providers or pharmacists.

The Services are not intended to provide health or medical advice. The Services are not intended for the diagnosis of disease or other conditions, or the cure, mitigation, treatment, or prevention of disease, or intended to affect the structure or any function of the body. The Services do not provide patient-specific diagnosis or treatment recommendations and are not intended to replace the judgement of clinical personnel or to perform any clinical assessment.

2. Eligible Users and Benefit Sponsors

  1. Eligible Users.
    Our Services are strictly for individuals who are 18 years of age or older. Access to and use of the Services are limited to individuals residing in the United States of America or its territories. By downloading the App or using the Services, you confirm that you are at least 18 years old, legally capable of entering into binding contracts, and are not prohibited from receiving services under the laws of the United States or other applicable jurisdictions.
  2. Benefit Sponsors.
    Banner Health (the “Benefit Sponsor”) has entered into an agreement with EveryDose to purchase and introduce the Services to selected patients and members. In some cases, our the Benefit Sponsor may supplement these Terms with their own terms and conditions, which may include additional terms around usage or access to the Services. In such event, the Benefit Sponsor terms and conditions will also apply to your use of the Services. In the event of any conflict with such additional terms and these Terms, these Terms will prevail.

3. Creating a Banner Medications Account

You may be required to sign up as a registered user with Banner Medications by creating an account via the App (your “Account”). By creating an account with Banner Medications, you represent that you agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.

You may be asked to create a password when you create your Account. We do not have access to your passwords. You are responsible for maintaining the confidentiality of your password and Account. You agree that you will not disclose your password to any third party and agree to notify us if your password is lost, stolen, or disclosed to a third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account.

If you are creating an account on behalf of another person, by accepting these terms you attest that you are authorized by that person to create an account on their behalf.

You, and not us, are responsible for maintaining and protecting all Account content. We will not be liable to you for any loss or corruption of your Account, or for any costs or expenses associated with backing up or restoring content related to your Account.

4. Ownership

Subject to the limitations set forth in these Terms, EveryDose grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to stream, download and make personal non-commercial use of the Services. The Services, including the source code for the Services and any information derived therefrom, is proprietary to, and constitutes the intellectual property (including without limitation a valuable trade secret) of EveryDose and its licensors and suppliers.

All of the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, we or our licensors exclusively own all rights, title and interest in and to the App and the Services, including all documentation and associated intellectual property rights. You may not copy, further develop, reproduce, re-publish, modify, alter, download, post, transmit or otherwise use any material made available in the Services. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices

incorporated in or accompanying the App or the Services, including in any Content. You may not modify, translate, de-compile, disassemble, or reverse engineer the App or the Services, or create, attempt to create, or permit others to create derivative works based on the App or the Services. You acknowledge and agree that any suggestions or comments you may provide regarding the App, or the Services (“Feedback”) will be the sole and exclusive property of EveryDose, and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.

r accompanying the App or the Services, including in any Content. You may not modify, translate, de-compile, disassemble, or reverse engineer the App or the Services, or create, attempt to create, or permit others to create derivative works based on the App or the Services. You acknowledge and agree that any suggestions or comments you may provide regarding the App, or the Services (“Feedback”) will be the sole and exclusive property of EveryDose, and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.

5. Not for Commercial Use

The Banner Medications app is not intended for your commercial use. Unless expressly agreed in a written contract with EveryDose, no business, organization, healthcare provider, or any other entity is authorized to use the App for commercial purposes. Commercial use includes, but is not limited to, the provision of the App as part of any service offering, integration into third-party services or products, resale, or any use that seeks financial gain.

‍‍Organizations, including but not limited to healthcare providers such as hospitals, clinics, and independent practitioners, are expressly forbidden from distributing, offering, or otherwise providing the Services to individuals without a formal agreement with EveryDose. This prohibition applies regardless of whether the organization charges for the Services or offers them as a complimentary service.

Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Services and may subject you to legal liability. Appropriate legal action may be taken for any illegal or unauthorized use of the Services.

6. User Content and Submissions

You acknowledge and agree that you are solely responsible for all information, data, content and other materials that you upload, post, email, transmit or otherwise make available through our Services (“User Content”). You acknowledge that we have no obligation to pre-screen any User Content, although we reserve the right in our sole discretion to pre-screen, refuse or remove any User Content. Unless expressly agreed to by EveryDose in writing elsewhere, EveryDose has no obligation to store any User Content and has no responsibility or liability for the deletion or accuracy of any User Content or the failure to store, transmit or receive transmission of User Content. You grant to EveryDose a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, your User Content (in whole or in part) for the purposes of operating, providing and improving the Service to you and to our other users and you represent and warrant that you have all rights and licenses necessary to grant such license.

We reserve the right to remove personal identifiers from any and all User Content and, once de-identified or otherwise rendered no longer attributable to you without additional information (including

in any manner prescribed by law), the remaining information (“De-Identified Data”) will not be subject to any obligation of confidentiality on our part. You understand and agree that we own all rights, title, and interest in and to any De-identified Data. You also understand and agree that De-identified Data may be used for any lawful business purpose without any duty of accounting to you. For example, once de-identified, we may use De-Identified Data from User Content in our publications, in sales and marketing materials, and for product research and development.

To view EveryDose’s practices regarding the personal information you make available via the Services, please see our Privacy Policy. You agree that submission of any ideas, suggestions, documents, and/or proposals to EveryDose (“Submissions”) is at your own risk and that EveryDose has no obligations (including without limitation obligations of confidentiality) with respect to such Submissions. You represent and warrant that you have all rights necessary to submit the Submissions. You hereby grant to EveryDose a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Submissions, and to sublicense the foregoing rights, in connection with the operation, provision and improvement of the Services.

7. Prohibited Uses

As a condition of your use of our Services, you agree not to use our Services for any purpose that is prohibited by the Terms or by applicable law. You shall not (and shall not permit any third party) either (a) take any action or (b) make available any User Content on or through our Services that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) interferes with or attempts to interfere with the proper functioning of our Services or uses the Services in any way not expressly permitted by the Terms; or (iv) attempts to engage in or engage in, any potentially harmful acts that are directed against our Services, including but not limited to violating or attempting to violate any security features of our Services, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in our Services, introducing viruses, worms, or similar harmful code into our Services, or interfering or attempting to interfere with use of our Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services.

8. Disclaimers

THE BANNER MEDICATIONS APP AND SERVICES AND RELATED CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING,

EVERYDOSE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. EVERYDOSE MAKES NO WARRANTY THAT ITS SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. EVERYDOSE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES OR EVERYDOSE CONTENT AVAILABLE FROM OR OBTAINED THROUGH THE EVERYDOSE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY EVERYDOSE CONTENT OR PROFILE CONTENT OBTAINED THROUGH THE EVERYDOSE SERVICES. PROFILE CONTENT IS SUBMITTED SOLELY BY USERS AND EVERYDOSE HAS NO RESPONSIBILITY OR LIABILITY FOR THE TRUTHFULNESS OR ACCURACY OF THE SAME. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EVERYDOSE OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE RESPONSIBLE FOR REVIEWING AND UNDERSTANDING ALL MEDICATION AND HEALTH INFORMATION PROVIDED BY YOUR HEALTHCARE PROVIDER. THE SERVICE’S REMINDERS, NOTIFICATIONS, AND CONTENT ARE SUPPLEMENTARY AIDS AND SHOULD NOT BE RELIED UPON AS THE SOLE SOURCE OF HEALTH INFORMATION OR AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, INSTRUCTIONS, DIAGNOSIS, OR TREATMENT. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY AND RELEVANCE OF THE INFORMATION PROVIDED IN RELATION TO THEIR PERSONAL HEALTH CIRCUMSTANCES. IT IS IMPORTANT TO ACKNOWLEDGE THAT EVERYDOSE’S REMINDERS, NOTIFICATIONS, AND CONTENT MAY NOT ALWAYS BE ACCURATE AND SHOULD BE DOUBLE-CHECKED FOR THEIR CORRECTNESS AND APPLICABILITY TO YOUR INDIVIDUAL SITUATION. RELIANCE ON ANY INFORMATION PROVIDED BY EVERYDOSE, WHETHER DIRECTLY OR INDIRECTLY, IS SOLELY AT YOUR OWN RISK.

9. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL COSTS, DAMAGES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) WE INCUR IN RELATION TO, ARISING FROM, OR FOR THE PURPOSE OF AVOIDING, ANY CLAIM OR DEMAND FROM A THIRD PARTY THAT YOUR USE OF THE SERVICES OR THE USE OF THE SERVICES BY ANY PERSON USING YOUR ACCOUNT VIOLATES ANY APPLICABLE LAW OR REGULATION, OR THE RIGHTS OF ANY THIRD PARTY.

10. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE EVERYDOSE SERVICES REMAINS WITH YOU. NEITHER EVERYDOSE NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE EVERYDOSE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE

EVERYDOSE SERVICES OR THE INABILITY TO USE OR ACCESS A PROFILE OR ANY SPECIFIC PROFILE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EVERYDOSE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL EVERYDOSE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR EVERYDOSE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO EVERYDOSE FOR USE OF THE SAME, IF YOU HAVE MADE ANY PAYMENTS TO EVERYDOSE FOR USE OF THE SAME OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EVERYDOSE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

11. Links to Other Sites

EveryDose may provide links to third-party websites. EveryDose does not recommend and does not endorse the content on any third-party websites. EveryDose is not responsible for the content of linked third-party sites, sites framed within the Services or third-party sites provided as search results and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.

12. Content from Benefit Sponsors

Some content or features in the Services may be provided by Benefit Sponsors (“Sponsored Content”). This Sponsored Content is the sole responsibility of the Benefit Sponsor who provides it and does not constitute endorsement or approval by us. We do not warrant, endorse, guarantee, or assume responsibility for the accuracy, efficacy, or reliability of any Sponsored Content provided by Benefit Sponsors, including but not limited to articles, services, or features.

The presence of Sponsored Content in the Services does not imply a recommendation or endorsement of any kind by us. We are not liable for any loss or damage incurred as a result of the use of or reliance on the Sponsored Content. Users should exercise their own judgment and due diligence to evaluate Sponsored Content before taking any actions based on such content.

Benefit Sponsors may have their own terms and conditions or privacy policies applicable to their Sponsored Content. It is your responsibility to review and comply with any such terms and conditions and privacy policies.

13. Termination

We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of certain information associated with your account. Upon termination of your right to use of all or any part of our Services, all licenses and other rights granted to you by these Terms for such parts of the Services will immediately terminate.

If you wish to terminate your account, you may do so by following the instructions on the App or contacting our customer support team at app-support@bannermedications.everydose.ai.

14. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

15. General

These Terms are governed by the laws of the State of Delaware, without regard to any conflict of laws, rules or principles. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services and supersede and replace any prior agreements we might have between us regarding the Services. If we make any material changes to these Terms, we will notify you of such changes by posting them on EveryDose or by sending you an email or other notification or message (including push notifications and in-app news notices) and we will indicate when such changes will become effective. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms.

16. Contacting EveryDose

If you have any questions about these Terms, please contact us at app-support@bannermedications.everydose.ai.

17. iOS Minimum Terms for Custom EULA

The following provisions apply if you are accessing or using our mobile app on an Apple Inc. (“Apple”) branded mobile device. These Terms, including this section, constitute a custom EULA for any EveryDose mobile app for purposes of Apple’s agreements and you acknowledge that Apple’s standard EULA will not apply.

  1. Acknowledgement. You, the user, and EveryDose acknowledge that the End-User License Agreement (EULA) is concluded between EveryDose and you, the user, only, and not with Apple.
    EveryDose, not Apple, is solely responsible for the licensed Banner Medications mobile application and its content. This EULA does not conflict with the Apple Media Services Terms and Conditions, which you acknowledge having had the opportunity to review.
  2. Scope of License. The license granted to you for our app under these Terms is limited to a non-transferable license to use our app on any Apple-branded products that you own or control and as permitted by our Apple Usage Rules set forth in the app Store Terms of Service, except that our app may be accessed, acquired, and used by other accounts associated with the purchaser via “Family Sharing” or volume purchasing.
  3. Maintenance and Support. We are not obligated to provide any support or maintenance services for our app except as required by law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our app.
  4. Warranty. EveryDose is solely responsible for any product warranties, to the extent not effectively disclaimed. If the mobile app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the app; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligations whatsoever with respect to the app. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of EveryDose.
  5. Product Claims. You and EveryDose acknowledge that EveryDose, not Apple, is responsible for addressing any claims you or any third party may have relating to the EveryDose mobile application or your possession and use of the application, including, but not limited to product liability claims, and any claim that the app fails to conform to any applicable legal or regulatory requirements.
  6. Intellectual Property Rights. In the event of any third-party claim that the EveryDose mobile application or your possession and use of it infringes that third party’s intellectual property rights, EveryDose, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
  7. Legal Compliance. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, designated by the U.S. Government as a “terrorist supporting” country, and you are not listed on any U.S. Government list of prohibited or restricted parties.
  8. Third Party Beneficiary. You and EveryDose acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right to enforce this EULA against you as a third-party beneficiary thereof.

18. Cerner Multum Terms

18.1. Cerner Multum End-User License Agreement.
This product utilizes the Cerner Multum, Inc. platform (the “Multum Product” or “Service”), which contains information provided by Cerner Multum, Inc. (“Multum”). The Multum Product and the “Client System” are separate products provided by separate entities. The Multum Product is intended for use in the United States. The Service is a service provided to you by Cerner Multum, Inc. (“Cerner”). The Service and the users of the Cerner Multum, Inc. product are separate products provided by separate entities. The Service is intended for use by consumers in the United States. Every effort has been made to ensure that the information provided in the Service is accurate, up-to-date, and complete, but no guarantee is made to that effect. In addition, the drug information contained herein may be time sensitive. The Service does not endorse drugs, diagnose patients, or recommend therapy. The Service is an informational resource designed to assist licensed healthcare practitioners in caring for their patients and provide consumers with drug specific information. Healthcare practitioners should use their professional judgment in using the information provided. The Service is not a substitute for the care provided by licensed healthcare practitioners and consumers are urged to consult with their healthcare practitioner in all instances. The absence of a warning for a given drug or drug combination in no way should be construed to indicate that the drug or drug combination is safe, effective or appropriate for any given patient. Cerner does not assume any responsibility for any aspect of healthcare administered or not administered with the aid of information the Service provides.

18.2. DISCLAIMER OF WARRANTIES.
THE END-USER ACKNOWLEDGES THAT THE SERVICE IS PROVIDED ON AN “AS IS” BASIS. EXCEPT FOR WARRANTIES WHICH MAY NOT BE DISCLAIMED AS A MATTER OF LAW, CERNER MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR NATURE OF THE CONTENT OF THE SERVICE, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WITHOUT LIMITING THE FOREGOING, THE SERVICE HAS BEEN DESIGNED FOR USE IN THE UNITED STATES ONLY AND COVERS THE DRUG PRODUCTS USED IN PRACTICE IN THE UNITED STATES. CERNER PROVIDES NO CLINICAL INFORMATION OR CHECKS FOR DRUGS NOT AVAILABLE FOR SALE IN THE UNITED STATES AND CLINICAL PRACTICE PATTERNS OUTSIDE THE UNITED STATES MAY DIFFER SUBSTANTIALLY FROM INFORMATION SUPPLIED BY THE SERVICE. CERNER DOES NOT WARRANT THAT USES OUTSIDE THE UNITED STATES ARE APPROPRIATE. The End-User acknowledges that updates to the Service are at the sole discretion of Cerner. Cerner makes no representations or warranties whatsoever, express or implied, with respect to the compatibility of the Service, or future releases thereof, with any computer hardware or software, nor does Cerner represent or warrant the continuity of the features or the facilities provided by or through the Service as between various releases thereof. Any warranties expressly provided herein do not apply if: (i) the End-User alters, mishandles or improperly uses, stores or installs all, or any part, of the Service, (ii) the End-User uses, stores or installs the Service on a computer system which fails to meet the specifications provided by Cerner, or (iii) the breach of warranty arises out of or in connection with acts or omissions of persons other than Cerner.

18.3. ASSUMPTION OF RISK, DISCLAIMER OF LIABILITY, INDEMNITY.
THE END-USER ASSUMES ALL RISK FOR SELECTION AND USE OF THE SERVICE AND CONTENT PROVIDED THEREON. CERNER SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, MISSTATEMENTS, INACCURACIES OR OMISSIONS REGARDING CONTENT DELIVERED THROUGH THE SERVICE OR ANY DELAYS IN OR INTERRUPTIONS OF SUCH DELIVERY. THE END-USER ACKNOWLEDGES THAT CERNER: (A) HAS NO CONTROL OF OR RESPONSIBILITY FOR THE END-USER’S USE OF THE SERVICE OR CONTENT PROVIDED THEREON, (B) HAS NO KNOWLEDGE OF THE SPECIFIC OR UNIQUE CIRCUMSTANCES UNDER WHICH THE SERVICE OR CONTENT PROVIDED THEREON MAY BE USED BY THE END-USER, (C) UNDERTAKES NO OBLIGATION TO SUPPLEMENT OR UPDATE CONTENT OF THE SERVICE, AND (D) HAS NO LIABILITY TO ANY PERSON FOR ANY DATA OR INFORMATION INPUT ON THE SERVICE BY PERSONS OTHER THAN CERNER. CERNER SHALL NOT BE LIABLE TO ANY PERSON (INCLUDING BUT NOT LIMITED TO THE END-USER AND PERSONS TREATED BY OR ON BEHALF OF THE END-USER) FOR, AND THE END-USER AGREES TO INDEMNIFY AND HOLD CERNER HARMLESS FROM ANY CLAIMS, LAWSUITS, PROCEEDINGS, COSTS, ATTORNEYS’ FEES, DAMAGES OR OTHER LOSSES (COLLECTIVELY, “LOSSES”) ARISING OUT OF OR RELATING TO (A) THE END-USER’S USE OF THE SERVICE OR CONTENT PROVIDED THEREON OR ANY EQUIPMENT FURNISHED IN CONNECTION THEREWITH AND (B) ANY DATA OR INFORMATION INPUT ON THE SERVICE BY END-USER, IN ALL CASES INCLUDING BUT NOT LIMITED TO LOSSES FOR TORT, PERSONAL INJURY, MEDICAL MALPRACTICE OR PRODUCT LIABILITY. FURTHER, WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL CERNER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, OR DOWN TIME, EVEN IF CERNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE INFORMATION CONTAINED WITHIN THE SERVICE IS INTENDED FOR USE ONLY AS AN INFORMATIONAL TOOL AND END-USERS ARE URGED TO CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL REGARDING THEIR SPECIFIC SITUATION FOR DIAGNOSIS OR BY PHYSICIANS AND PROFESSIONALS WHO SHOULD RELY ON THEIR CLINICAL DISCRETION AND JUDGMENT IN DIAGNOSIS AND TREATMENT. AS BETWEEN THE END-USER AND CERNER, THE END-USER HEREBY ASSUMES FULL RESPONSIBILITY FOR ENSURING THE APPROPRIATENESS OF USING AND RELYING UPON THE INFORMATION IN VIEW OF ALL ATTENDANT CIRCUMSTANCES, INDICATIONS, AND CONTRAINDICATIONS.

18.4. LIABILITY OF CERNER TO THE END-USER.
Under no circumstances shall Cerner be liable to the End-User or any other person for any direct, indirect, exemplary, special or consequential damages arising out of or relating to the End-User’s use of or inability to use the Service or the content of the Service provided thereon, or any equipment furnished in connection therewith. Cerner’s total maximum cumulative liability hereunder in connection with this Agreement, whether arising under contract or otherwise, are limited to the fees received by Cerner under this Agreement specifically relating to the End-User’s use of the service or product which is the subject of the claim.