Welcome to the Visiting Nurse Service of New York (VNSNY) website (the “site”). VNSNY owns and operates this website including all information, communications, articles, text, graphics, opinions and audio or visual materials (collectively “contents”). By using this site you agree to be bound by these Terms of Use and Disclaimer.

THE CONTENTS OF THIS WEBSITE DO NOT CONSTITUTE MEDICAL ADVICE

The contents of this site are for informational purposes only. They do not constitute, and are not intended to substitute for, professional medical advice. The users of this site are encouraged to and are expected to consult with physicians, medical advisors, and health care practitioners regarding a specific medical diagnosis or condition or general health issues.

VNSNY does not suggest or recommend any procedures, practices, equipment or other items that are components of or related to medical practice nor does it recommend any physicians or other medical or health care practitioners or institutions. You should not disregard medical advice or attempt to follow any programs or health related suggestions on this site without first consulting with your physician. The general information provided here cannot be relied on to apply to specific cases and is not a substitute for professional medical care.

You may only view and use the materials on this website in accordance with these Terms of Use. The contents are the intellectual property of VNSNY, or are used by VNSNY under license from the owner. You may use them for personal and non-commercial purposes only. You may not modify, distribute, sell or otherwise disseminate the contents.

VNSNY does not give any warranties, express of implied, regarding the contents. VNSNY, and its affiliates and subsidiaries, shall not be liable for any damage including but not limited to direct, indirect, incidental, consequential or other damages resulting from the use of or the inability to use this site. This includes but is not limited to damages for personal injury, including death, or property damage whether the theory of liability is based on contract, tort, products liability, or any other legal theory.

You may not use the name and trademark "Visiting Nurse Service of New York" or other VNSNY name, trademark, or service mark or any adaptation thereof for advertising, trade or other commercial or non-commercial purposes.

You agree to indemnify and hold harmless VNSNY, its subsidiaries, affiliates, officers, directors, employees, agents and subcontractors from any lawsuits, judgments, liabilities, claims, or demands (including, costs, expenses, court costs and reasonable attorneys’ fees) resulting from your use of the contents of this site or the use by any third party of the contents arising out of your use of this site.

If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:

i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

VNSNY’s designated Copyright Agent to receive notifications of claimed infringement is: Charles Blum. Only DMCA notices should go to the Copyright Agent. Any other feedback, comments, requests for technical support, and other communications should be directed to VNSNY customer service through Charles Blum. You acknowledge that if you fail to comply with all of the requirements of this Section (D), your DMCA notice may not be valid.

For your convenience, the Website may contain links to the websites of third parties on which you may be able to obtain content and/or download software. Except as otherwise noted, such third party websites, and such content and software are provided by companies which are not affiliated with and independent of VNSNY. VNSNY does not endorse or make any representations or warranties concerning such websites, and may have not reviewed such content or software. VNSNY has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, VNSNY cannot censor or edit the content of any third-party site. Therefore, VNSNY makes no representation as to the accuracy or any other aspect of the information contained in or on such websites, sources or servers, nor does VNSNY necessarily endorse such websites or sources.

By using the VNSNY Website, you expressly relieve VNSNY from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the VNSNY Website and to read the terms and conditions and privacy policy of each other website that you visit.

YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER VNSNY NOR ITS AFFILIATED COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY THE "VNSNY PARTIES") WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT VNSNY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT WILL VNSNY, THE VNSNY PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, VNSNY, NOR THE VNSNY PARTIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL LIABILITY OF THE VNSNY PARTIES TO YOU OR ANY END USER FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SITE SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITIES OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. In such jurisdictions, VNSNY’s liability is limited to the greatest extent permitted by law. You should check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

It is our and your intent that these Terms of Use constitute a binding and enforceable agreement between us. Therefore, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the VNSNY Website is not intended for children under 13. If you are under 13 years of age, then please do not use the VNSNY Website without the consent of your parent or guardian.

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by VNSNY without restriction.

You agree that: (i) the VNSNY Website shall be deemed solely based in New York, New York; and (ii) the VNSNY Website shall be deemed a passive website that does not give rise to personal jurisdiction over VNSNY, either specific or general, in jurisdictions other than New York. These Terms of Use shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and VNSNY that arises in whole or in part from the VNSNY Website shall be decided exclusively by a court of competent jurisdiction located in New York, New York. These Terms of Use, together with the Privacy Notice at 170 East 70th Street, New York, NY 10021, and any other legal notices published by VNSNY on the Website, shall constitute the entire agreement between you and VNSNY concerning the VNSNY Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and VNSNY's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. VNSNY reserves the right to amend these Terms of Use at any time and without prior notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the VNSNY Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND VNSNY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE VNSNY WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Copyright © 2008 VNS. All rights reserved. The Site is the property of the Visiting Nurse Service of New York, Inc. and is protected by United States and international copyright, trademark, and other applicable laws. This includes the content, appearance, and design of the Site, as well as the trademarks, product names, graphics, logos, service names, slogans, colors, and designs.