Terms of Use

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Terms of Use

Effective Date: This Terms of Use Agreement was last updated on ______________________.

This Terms of Use Agreement sets forth the standards of use of the Partners Health Plan Website. By using the PHP website, you (the “Individual”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at www.phpcares.org/terms.html. Your continued use of this Website after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

Disclaimer of Warranties
The site is provided by Partners Health Plan on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Partners Health Plan makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Partners Health Plan shall have no liability for any interruptions in the use of this Website. Partners Health Plan disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

Limitation of Liability
Partners health plan shall not be liable for any damages whatsoever, and in particular partners health plan shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if partners health plan has been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations is inapplicable.

Indemnification
Individual agrees to indemnify and hold Partners Health Plan, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Individual’s use of this Website, the violation of this Agreement, or infringement by Individual, or other user of this Website using Individual’s computer, of any intellectual property or any other right of any person or entity.

Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Individuals to review said privacy policies of third-parties’ sites.

Governing Jurisdiction of the Courts New York
Our website is operated and provided in the State of New York. As such, we are subject to the laws of the State New York, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State New York.

Compliance with Laws
Individual assumes all knowledge of applicable law and is responsible for compliance with any such laws. Individual may not use this Website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Individual further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Copyright Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2016 Partners Health Plan, with all rights reserved, or is the property of Partners Health Plan and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Partners Health Plan.

Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Partners Health Plan designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail
Judy Trent
Partners Health Plan
55 Broadway, Suite 501
New York, NY 10006
By Telephone: (646) 844-4020
By Email: info@phpcares.org

Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Partners Health Plan, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as an Individual. Individual agrees that by accepting this Terms of Use Agreement, Individual is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

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