Responsibility for Conduct. As between the Participant and the RHIO, the RHIO shall be solely responsible for all acts and omissions of the RHIO with respect to the RHIO System, the RHIO Services and/or any confidential and/or other information accessed in connection therewith, and all such acts and omissions shall be deemed to be the acts and omissions of the RHIO. In addition, as between the Participant and the RHIO, the RHIO shall be solely responsible for all acts or omissions of any other individual who accesses the RHIO System and/or uses the RHIO Services either through the RHIO or by use of any password, identifier or log-on received or obtained from the RHIO if access and/or use was due to the negligent or intentional failure of the RHIO to comply with its obligations under this Agreement.
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