Relationship of Parties; Warranty Disclaimers; Limitations on Liability. Customer acknowledges and agrees RMS is an independent contractor, not an employee, partner, joint venture partner, or agent of Bank. RMS is not an affiliate or subsidiary of Bank or otherwise owned or controlled by Bank or any of Bank’s affiliates or subsidiaries, and has no authority to act or contract in the Bank’s name. Bank hereby disclaims any representations or warranties, whether express, implied or statutory, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, noninfringement, accuracy or completeness with respect to the Integrated Healthcare Solutions and the services provided to Customer by RMS under the RMS Customer Agreement. Bank disclaims any representations or warranties that the Integrated Healthcare Solutions will be error- free, uninterrupted, confidential, or secure and Bank disclaims, or that any of the foregoing services will be error-free, uninterrupted, confidential, or secure. Bank further disclaims any representations or warranties concerning the confidentiality or security practices or procedures of RMS, RMS’s use handling, or treatment of Information, or the time or frequency with which RMS may have access to such Information. Customer understands that internetworking communications utilizing public access facilities may not be accurate, secure, or available and that such communications may be subject to interception, loss, distortion, disruption, or unavailability. Bank shall not be responsible or liable for any function or malfunction of equipment, software, or services, including, but not limited to, any damages or losses relating to the transmission or nontransmission of Information. Bank shall not be responsible or liable for any damage to, or loss, theft, or disappearance of, any Information: (a) once transmitted by Bank to RMS following the instructions of Customer; (b) transmitted following the transmission instructions of RMS; or (c) in the possession, custody, or control of RMS. Customer hereby agrees to release, defend, indemnify, and hold Bank harmless from and against any and all costs, expenses, losses, and damages that Customer may have as a result of any claims which arise or may arise relating in any way to the Integrated Healthcare Solutions, the services provided to Customer by RMS under the RMS Customer Agreement, or the use, handling, management, security, or treatment of said Information by RMS, or a third party gaining access to Information thr...
