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Terms of Use

These terms of use apply to the websites owned and operated by,
or on behalf of the Visiting Nurse Service of New York ("VNSNY"), including www.vnsny.org, www.partnersincareny.orgwww.vnsnychoice.org, http://app.solace-emc.com/portal/vnsny and https://vnsproviderweb.tmghealth.com (collectively, and each individually, "the Site"). VNSNY owns and operates this Site, including all information, communications, articles, text, graphics, opinions, and audio or visual materials (collectively "contents"). By using the Site, you indicate that you have read, understand and agree to be bound by these Terms of Use. If you do not agree to be bound by these Terms of Use, please discontinue access to and use of this Site.

THE CONTENTS OF THIS SITE DO NOT CONSTITUTE MEDICAL ADVICE

The contents of this site are for informational use only. They do not constitute, and are not intended to substitute for, professional medical advice. The users of this Site are expected to and encouraged 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. 

LIMITED RIGHT OF USE/OWNERSHIP OF CONTENTS 

The Site is the property of VNSNY and is protected by the United States and international copyright, trademark and other applicable laws. This includes the content, appearance, and design of this Site, as well as the trademarks, products names, graphics, logos, service names, slogans, colors and designs.

You may use and view the materials on the Site in accordance with these Terms of Use. The contents are the intellectual property of VNNSY, or are used by VNSNY under license from the owner. You may use them for personal and non-commercial uses only. You may not copy, modify, adapt, upload, download, post, transmit, republish, translate, exhibit, display, perform, distribute, participate in the transfer in or sale of, create or derivate works from, reverse engineer or decompile or dissemble or in any way exploit any of the content, including without limitation the HTML or software instructional code, contained in, or forming part of, the Site, in whole or in part, without our prior permission except for your own personal, non-commercial purposes or where otherwise indicated on the Site where found permissible. You may not use the name and trademark "VNSNY CHOICE" or other VNSNY CHOICE name, trademark, or service mark or any adaptation thereof for advertising, trade or other commercial or non-commercial purposes.   

THIRD-PARTY WEBSITES

For your convenience, the Site may contain links to the websites or third parties from 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 that are not affiliated and are independent of VNSNY. VNSNY does not endorse or make any representations or warranties concerning such websites, and may not have 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 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 Site, 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 Site and to read the terms and conditions and privacy policies of other each other site that you visit.

DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY 

VNSNY does not give any warranties, express or 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 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 EXPRESSLY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER VNSNY NOR ITS AFFILIATED COMPANIES NOR ANY OF 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 WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR 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 CHOICE 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 OR 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 OF DURATION FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS, OR INAUTHENTICITY 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 THIS 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 the law. You should check you local laws for any restrictions or limitations regarding the exclusion of implied warranties. 

INDEMNIFICATION 

By accessing and/or using the Site, you agree to indemnify, defend and hold VNSNY, our subsidiaries and affiliates, and their respective officers, directors, employees, members, agents, representatives, business partners, information providers, licensors and licensees and their respective heirs and assigns (collectively the "Indemnified Parties") harmless from and against any and all liability costs, including, without limitation, reasonable attorney's fees and expenses incurred by the Indemnified Parties in connection with any claim arising out or, or breach by you of, these Terms of Use, any related license terms, or by any unauthorized use by you of this Site. You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement that affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without our prior written approval.

PRIVACY

Personal information you provide to us is subject to our Privacy Policy, as updated from time to time, which is incorporated by reference into these Terms of Use and is available at www.vnsny.org.

MISCELLANEOUS

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

You agree that, except as expressly provided in these Terms of Use (and other than VNSNY and its affiliates), there shall be no third-party beneficiaries of these Terms of Use.

You agree that: (i) the VNSNY Site shall be deemed solely based in New York, New York; and (ii) the VNSNY Site 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 substantive internal laws of the State of New York, without respect to its conflict of law principals. Any claim or dispute that arises between you and VNSNY that arises in whole or in part from the VNSNY Site shall be decided exclusively by a court of competent jurisdiction located in New York, New York. These Terms of Use, together with the Privacy Policy, the Code of Conduct, and any other legal notices published by VNSNY on the Site, shall constitute the entire agreement between you and VNSNY concerning the VNSNY Site. 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 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.

YOU AND VNSNY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE VNSNY SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH ACTION IS PERMANENTLY BARRED. 

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 at least 18 years of age 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.

MODIFICATIONS TO THESE TERMS OF USE

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 SIte following any amendment of these Terms of Use, which will be reflected by the "Last Updated" date at the bottom, will signify your assent to and acceptance of the revised terms.

QUESTIONS

If you have any questions about these Terms of Use, you may contact us at 1-866-675-0391.

Last updated August 2013

Copyright ® 2013 VNSNY. All rights reserved.