Terms of Use

Terms of Use

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These Terms of Use apply to the website owned and operated by, or on behalf of the VNS Health including www.vnshealth.org (“the Site”), www.vnsnychoice.org, www.selecthealthny.org. VNS Health 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 and our Privacy Policy. If you do not agree to be bound by these Terms of Use, please discontinue your access and use of this Site.


THE CONTENTS OF
THIS SITE DO
NOT CONSTITUTE
MEDICAL ADVICE

THE CONTENTS OF THIS SITE DO NOT CONSTITUTE MEDICAL ADVICE. THE CONTENTS OF THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY AND THEY DO NOT CONSTITUTE, AND ARE NOT INTENDED TO SUBSTITUTE FOR, PROFESSIONAL MEDICAL ADVICE. THE USERS OF THIS SITE ARE ENCOURAGED, AND ARE EXPECTED, TO CONSULT WITH PHYSICIANS, MEDICAL ADVISORS, AND OTHER APPROPRIATE HEALTH CARE PRACTITIONERS REGARDING A SPECIFIC MEDICAL DIAGNOSIS OR CONDITION OR GENERAL HEALTH ISSUES.

VNS HEALTH AND THE SITE DO NOT SUGGEST OR RECOMMEND ANY PROCEDURES, PRACTICES, EQUIPMENT OR OTHER ITEMS THAT ARE COMPONENTS OF OR RELATED TO MEDICAL PRACTICE NOR DOES PARTNERS IN CARE AND THE SITE 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 Site in accordance with these Terms of Use.

BY USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD OR THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE. If you do not meet all of these requirements, do not access or use the Site.


Intellectual Property

The VNS Health logo and marks are trademarks and service marks of VNS Health. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners. The Contents are the intellectual property of VNS Health and/or their affiliates, or are used by VNS Health and their affiliates under license from the owner. You may use them for personal and noncommercial purposes only. You may not access, download, copy, modify, distribute, transmit display, reproduce, publish, license, create derivative works from, transfer or sell any part of the content on the Site or use the Site for commercial purposes, whether on Your behalf or on behalf of a third party.


Limited right of use/ownership of contents 

The Site is the property of VNS Health 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.

VNS Health grants you a limited, revocable, non-exclusive license to access and make personal use of the Site as VNS Health’s customer.

You may use and view the materials on the Site in accordance with these Terms of Use. The contents are the intellectual property of VNS Health, or are used by VNS Health under license from the owner. You may use them for personal and non-commercial uses only. You may not use the name and trademark VNS Health name, trademark, or service mark or any adaptation thereof for advertising, trade or other commercial or non-commercial purposes.


“Spoofing” and “phishing” 

A common Internet scam is known as “spoofing” or “phishing.” This occurs when You receive an e-mail from what appears to be a legitimate source requesting personal information from You. Please be aware that VNS Health will not send You any e-mail requesting You to verify Your credit card, bank information, password or any other personal information. If You ever receive an e-mail that appears to be from VNS Health requesting such information from You, DO NOT respond to it, and DO NOT click on any links appearing in the e-mail. Instead, please report the e-mail to
VNS Health IT Service Desk at (888) 290-3555, and VNS Health will investigate instances of possible Internet fraud.


Acceptable use policy  

You may use the Site only in compliance with these Terms, and all applicable local, state, national, and international laws, statutes, rules, and regulations. In addition, you agree not to:

  • Use the Site, in any way that may cause injury to any person or entity; is false or misleading; infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights; violates anyone’s rights to privacy or publicity; violates any law or regulation; includes content or links to content that could be considered defamatory, libelous, knowingly false, fraudulent, indecent, violent, obscene, profane, hateful, racially or religiously biased, threatening, or harassing; or promotes commercial activities and/or sales without our prior written consent.

  • Use any materials that may be protected by copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner or in any way that is otherwise unlawful.

  • Upload or distribute any malicious computer code (for example, a virus, worm, Trojan horse, spyware) or other computer file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.

  • Interfere with, modify, or disrupt the operation of the Site, or the servers or networks used in connection with the Site or any VNS Health service.

  • Impersonate any person, business, entity, or IP address (including, without limitation, by engaging in IP spoofing or by using email addresses or screen names associated with
    VNS Health or any of its affiliates or subsidiaries).

  • Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage other commercial activities, without our prior written consent.

  • Gain or attempt to gain unauthorized access to the Site, including by reverse engineering or installing firmware not approved by VNS Health.

  • Frame or mirror any portion of the Site, or incorporate any portion of the Site into any other product or service without VNS Health’s express prior written consent.

  • Alter, damage, or delete any content provided by VNS Health.

  • Use any robot, spider, search/retrieval application or other manual or automatic device to systematically retrieve, index, “scrape,” “data mine” or otherwise gather data or content from the Site.

  • Reproduce or circumvent the navigational structure or presentation of the Site, without VNS Health’s express prior written consent.


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 VNS Health. VNS Health does not endorse or make any representations or warranties concerning such websites, and may not have reviewed such content or software.
VNS Health has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party site. Therefore, VNS Health 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 VNS Health necessarily endorse such websites or sources.

By using the VNS Health Site, you expressly relieve VNS Health 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 VNS Health Site and to read the terms and conditions and privacy policies of other each other site that you visit.


Errors and inaccuracies 

On the Site we strive to provide complete, accurate, up-to-date information. Unfortunately, despite those efforts, human or technological errors may occur. The Site may contain typographical mistakes, inaccuracies, or omissions and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice.


Infringement notice

VNS Health respects the intellectual property rights of others and requires that its Users do the same. If You believe in good faith that Your work has been used on the Site in a manner that constitutes copyright infringement or Your rights are otherwise infringed or violated by anything on the Site, please notify VNS Health by contacting VNS Health Corporate Compliance at: 212-290-4773.

Users must comply with the “Elements of Notification” requirements set forth in 17 U.S.C. § 512. Please include as much detail as possible to allow us to identify the facts or circumstances. To more effectively assist You, the notification must include ALL of the following:

  • A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf;

  • A description of the copyrighted work or other right You claim has been infringed or violated;

  • Information reasonably sufficient to locate the material in question on the Site;

  • Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact You;

  • A statement by You that You have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law.

  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.

You acknowledge that if you fail to provide substantially all of the information listed above, your notification may not be valid. Upon receipt of your written notice, we will investigate the allegation and remove the complained-of material at our sole discretion.


Disclaimer of warranties/limitation of liability 

VNS Health does not give any warranties, express or implied, regarding the contents, VNS Health, 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
VNS HEALTH NOR ITS AFFILIATED COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY THE “VNS HEALTH 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 VNS HEALTH 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 VNS HEALTH, THE VNS HEALTH 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 VNS HEALTH NOR THE VNS HEALTH 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 CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL LIABILITY OF THE VNS HEALTH 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, VNS Health’s liability is limited to the greatest extent permitted by the law. You should check your 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 VNS Health, 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.


Children 

The Site is not meant to be used by individuals under the age of 18. By creating an Account and providing VNS Health with Your personal information, You are representing that You are at least 18 years old. VNS Health will remove from its files any personal information of anyone VNS Health discovers to be under 18 years old (and for whom there is not confirmed parental/guardian consent, where required by law).


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 https://www.selecthealthny.org/terms-of-use.


Miscellaneous

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

This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, or agency between you and
VNS Health.

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

You agree that: (i) the VNS Health Site shall be deemed solely based in New York, New York; and (ii) the VNS Health Site shall be deemed a passive website that does not give rise to personal jurisdiction over VNS Health, 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 VNS Health that arises in whole or in part from the VNS Health 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 VNS Health on the Site, shall constitute the entire agreement between you and VNS Health concerning the VNS Health 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 VNS Health’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 VNS HEALTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE VNS HEALTH SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH ACTION IS PERMANENTLY BARRED.

If any term, clause or provision of these Terms of Use shall be deemed invalid or unenforceable for any reason, the remainder of this agreement shall remain valid and enforceable in accordance with its terms.


Modifications to these terms of use 

VNS Health 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 VNS Health 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 VNS Health Corporate Compliance at 1-866-469-7774 (TTY: 711).

Last updated May 2022

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