Common use of No Protected Health Information Clause in Contracts

No Protected Health Information. Cove Data Protection is the only N able product that may be used to process or store protected health information (“PHI”) as defined under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). You expressly acknowledge and agree that You shall neither submit to any non-Cove Services or Software, nor use those Services or Software to store, maintain, process or transmit any data or information that constitutes PHI or otherwise use non-Cove Services or Software in any manner that would require N able or those Services or Software to be compliant with HIPAA. You acknowledge and agree that N able shall have no liability to You for any such data or information. You further acknowledge and agree that neither N able or its Affiliates are acting on Your behalf as a Business Associate (as defined under HIPAA) unless You obtain a Business Associate Agreement as described in Section 15.2. N able may immediately and upon notice suspend all or portion of Your access to the Services and Software (without any liability to You in connection with such suspension), if N able has a good faith belief that You have breached this paragraph.