Acceptance of the Terms of Use
This website is the property of Managed Health Care
Associates, Inc. and/or its affiliates ("MHA" or “We”). Your access
to and use of this website, including any content, functionality, and services
offered on or through this website (the “Website”) is governed by the following
terms and conditions, together with any documents they expressly incorporate by
reference (collectively, these “Terms of Use”). By use of this Website, you accept
and agree to be bound and abide by these Terms of Use and our Privacy Policy,
incorporated herein by reference. If
you do not want to agree to these Terms of Use or the Privacy Policy, you must
not access or use this Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to
time in our sole discretion. All changes are effective immediately when we post
them, and apply to all access to and use of the Website thereafter. Your
continued use of the Website following the posting of revised Terms of Use
means that you accept and agree to the changes. You are expected to check this
page from time to time so you are aware of any changes, as they are binding on
you.
Accessing the Website and Membership
We reserve the right to withdraw or amend this Website, and
any service or material we provide on the Website, in our sole discretion
without notice. We will not be liable if for any reason all or any part of the
Website is unavailable at any time or for any period.
Certain features of this Website are available only to
members of MHA and/or its affiliates and becoming a member requires
registration. You agree that the registration information you provide is
accurate, complete and current, and you further agree to promptly update that
information to keep it accurate, complete and current. You agree that all information you provide to
register with this Website or otherwise, including without limitation, in
connection with features available through the Website, is governed by our
Privacy Policy.
When you are or have registered, you will receive or be
instructed to choose, a user id and password. You are responsible for
maintaining the confidentiality of your user id and password, and are
responsible for all activities that occur using your user id and password,
whether or not expressly authorized by you. We will not be responsible for any
damages resulting from the unauthorized use of your user id or password. You
agree to notify us immediately of any unauthorized use of your user id or
password or any other breach of security.
You agree that we may suspend or terminate your access to
this Website if you provide any information that is inaccurate, incomplete or
not current, or we believe that such information is inaccurate, incomplete or
not current, or you violate any of these Terms of Use.
Intellectual Property Rights
The Website and its entire contents, features, and
functionality (including but not limited to all information, software, text,
displays, images, video, and audio, and the design, selection, and arrangement
thereof) are owned by MHA, its licensors, or other providers of such material
and are protected by United States and international copyright, trademark,
patent, trade secret, and other intellectual property or proprietary rights
laws.
These Terms of Use permit you to use the Website for
personal, non-commercial use only. You must not reproduce, distribute, modify,
create derivative works of, publicly display, publicly perform, republish,
download, store, or transmit any of the material on our Website, except as
follows:
- Your
computer may temporarily store copies of such materials on hard drives incidental
to your accessing and viewing those materials.
- You may
store files that are automatically cached by your Web browser for display
enhancement purposes.
- You may
print or download a reasonable number of copies of reports and other
information made expressly available to you for download and printing through
the Website, for your own personal, non-commercial use and not for further
reproduction, publication, or distribution with disclaimers.
You must not:
- Create a
link to this Website without our prior written consent.
- Modify
copies of any materials from this Website.
- Delete or
alter any copyright, trademark, or other proprietary rights notices from copies
of materials from this Website.
You must not access or use for any commercial purposes any
part of the Website or any services or materials available through the Website or
distribute it to third parties without the prior written consent of MHA.
If you print, copy, modify, download, or otherwise use or
provide any other person with access to any part of the Website in breach of
the Terms of Use, your right to use the Website will stop immediately and you
must, at our option, return or destroy any copies of the materials you have
made. No right, title, or interest in or to the Website or any content on the
Website is transferred to you, and all rights not expressly granted are
reserved by MHA. Any use of the Website not expressly permitted by these Terms
of Use is a breach of these Terms of Use and may violate copyright, trademark,
and other laws.
Trademarks
MHA and Navigator, and all related names, logos, product and
services names, designs, and slogans are trademarks of MHA or its affiliates
and may not be used without the prior written permission of MHA. All other
names, logos, products and service names, designs, and slogans on this Website
are the trademarks of their respective owners.
Prohibited Uses
You may use the Website as permitted by these Terms of Use only
for lawful purposes and in accordance with these Terms of Use. You agree not to
use the Website in any way that violates any applicable federal, state, local,
or international law or regulation.
Additionally, you agree not to:
- Use the
Website in any manner that could disable, overburden, damage, or impair the
site or interfere with any other party’s use of the Website.
- Use any
robot, spider, or other automatic device, process, or means to access the
Website for any purpose, including monitoring or copying any of the material on
the Website.
- Use any
manual process to monitor or copy any of the material on the Website or for any
other unauthorized purpose without our prior written consent.
- Use any
device, software, or routine that interferes with the proper working of the
Website.
- Introduce
any viruses, Trojan horses, worms, logic bombs, or other material that is
malicious or technologically harmful.
- Attempt
to gain unauthorized access to, interfere with, damage, or disrupt any parts of
the Website, the server on which the Website is stored, or any server,
computer, or database connected to the Website.
- Attack
the Website via a denial-of-service attack or a distributed denial-of-service
attack.
- Otherwise
attempt to interfere with the proper working of the Website.
Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THIS WEBSITE WILL BE AT YOUR SOLE
RISK. You understand that we cannot and
do not guarantee or warrant that files available for downloading from the
internet or the Website will be free of viruses or other destructive code. You
are responsible for implementing sufficient procedures and checkpoints to
satisfy your particular requirements for anti-virus protection and accuracy of
data input and output, and for maintaining a means external to our site for any
reconstruction of any lost data.
TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY,
OR OTHERWISE, IN CONNECTION WITH THIS WEBSITE AND YOUR USE THEREOF, INCLUDING
ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A
PARTICULAR PURPOSE. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND OR REPRESENTATIONS ABOUT THE
ACCURACY, COMPLETENESS, SECURITY, CURRENCY, QUALITY OR RELIABILITY OF ANY
MATERIAL PROVIDED BY OR THROUGH THIS WEBSITE, AND WE ASSUME NO LIABILITY OR
RESPONSIBILITY FOR (A) ANY ERRORS, OR OMISSIONS IN CONTENT OR MATERIALS, (B)
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (C) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL OR
FINANCIAL INFORMATION STORED THEREON, (D) ANY DENIAL OF SERVICE ATTACKS, BUGS,
VIRUSES, WORMS, TROJAN HORSES, SPYWARE OR OTHER MALWARE OR MALICIOUS COMPUTER
CODE TRANSMITTED THROUGH THE WEBSITE THAT MAY INFECT YOUR COMPUTER EQUIPMENT,
COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE,
YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT, OR
(E) ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS
WEBSITE OR ANY SITE LINKED TO THIS WEB SITE, OR FEATURED IN ANY BANNER OR OTHER
ADVERTISING THAT APPEARS ON THIS WEBSITE. YOU ARE SOLELY RESPONSIBLE FOR ANY
AND ALL DAMAGE TO OR LOSS OF PROPERTY, OR PERSONAL INJURY OR DEATH THAT MAY
RESULT FROM YOUR ACCESS TO AND USE OF THIS WEBSITE. THE FOREGOING DOES NOT
AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL
MHA, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS,
OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT
NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS
OF PROFITS, LOSS OF GOODWILL OR OTHER INTANGIBLE LOSSES, LOSS OF DATA, LOSS OF
REVENUE, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, OR LOSS OF USE, WHETHER
CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN
IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR USE OR INABILITY
TO USE THIS WEBSITE; ANY WEBSITE LINKED TO IT; OR ANY CONTENT ON THE WEBSITE OR
SUCH OTHER WEBSITES; (B) STATEMENTS OR CONDUCT, WHETHER ON-LINE OR OFF-LINE, OF
ANY VISITOR TO OR MEMBER OF THIS WEBSITE, OR (C) ANY OTHER CONDUCT, ACT OR
OMISSION OCCURRING AT THIS WEBSITE. THE
FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless MHA, its
affiliates, licensors, and service providers, and its and their respective
officers, directors, employees, contractors, agents, licensors, suppliers,
successors, and assigns from and against any claims, liabilities, damages,
judgments, awards, losses, costs, expenses, or fees (including reasonable
attorneys’ fees) arising out of or relating to (i) your violation of these
Terms of Use; (ii) your use of the Website, including, but not limited to, use
of the Website’s content, services, and products other than as expressly
authorized in these Terms of Use; or (iii) your use of any information obtained
from the Website.
Links to Third-Party Resource
Third-party resources that can be accessed with hypertext
links from this Website are not under the control of MHA, and MHA is not
responsible for the contents of any of these third-party resources. The
third-party hypertext links presented on this Website are provided for your
convenience only. The inclusion of any link on this site does not imply any
recommendation, approval, or endorsement of that site by MHA. If you decide to
access any third party websites, you do so entirely at your own risk, and you
may be subject to the terms and conditions and privacy policies of such
websites.
Reliance on Information Posted
The information presented on or through the Website is made
available solely for general information purposes. We do not warrant the
accuracy, completeness, or usefulness of this information. Any reliance you
place on such information is strictly at your own risk. We disclaim all
liability and responsibility arising from any reliance placed on such materials
by you or any other visitor to the Website, or by anyone who may be informed of
any of its contents.
This Website may include content provided by third parties. All statements and/or opinions expressed in
these materials, and all articles and responses to questions and other content,
other than the content provided by the MHA, are solely the opinions and the
responsibility of the person or entity providing those materials. These
materials do not necessarily reflect the opinion of MHA. We are not
responsible, or liable to you or any third party, for the content or accuracy
of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time,
but its content is not necessarily complete or up-to-date. Any of the material
on the Website may be out of date at any given time, and we are under no
obligation to update such material.
Geographic Restrictions
The owner of the Website is based in the United States. We
provide this Website for use only by persons located in the United States. We
make no claims that the Website or any of its content is accessible or
appropriate outside of the United States. Access to the Website may not be
legal by certain persons or in certain countries. If you access the Website
from outside the United States, you do so on your own initiative and are
responsible for compliance with local laws.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our
Privacy Policy. By using the Website,
you consent to all actions taken by us with respect to your information in
compliance with the Privacy Policy.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use
and any dispute or claim arising therefrom or related thereto (in each case,
including non-contractual disputes or claims), shall be governed by and
construed in accordance with the internal laws of the State of New Jersey
without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or
related to, these Terms of Use or the Website shall be instituted exclusively
in the federal courts of the United States located in New Jersey or the courts
of the State of New Jersey located in the County of Morris. You waive any and all objections to the
exercise of jurisdiction over you by such courts and to venue in such courts.
Further Information and Corporate Address
If you have any questions about these Terms of Use, including the Privacy Policy, or any other aspect of MHA, please contact:
Managed Health Care Associates, Inc.
25A Vreeland Road, Suite 200
Florham Park, NJ 07932
Attn: Data Security Officer
E-mail: privacy@mhainc.com