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 CHOICE does not suggest or recommend any procedures, practices, equipment or other items that are components of or related to medical practice.
This site may provide qualified healthcare professionals with access to patient health information that may qualify as “protected health information,” or “PHI,” under the Health Insurance Portability and Accountability Act of 1996, as amended and its implementing regulations, and Health Information Technology for Economic and Clinical Health Act and its implementing regulations (collectively, “HIPAA”). Such information may include member eligibility and claims data. You are responsible for ensuring that your use of the Site complies with the requirements of HIPAA and any other applicable federal or state laws. You should follow appropriate security measures in connection with use of the Site, including but not limited to:
- Logging in only under your user ID
- Keeping your login credentials confidential and safe from discovery from others
- Logging off from or locking your computer when it is unattended
- Closing your browser after using the Site
- Contacting us immediately if you suspect that your login credentials have been compromised
FAILURE TO COMPLY WITH HIPAA AND OTHER APPLICABLE FEDERAL AND STATE PRIVACY LAWS COULD LEAD TO DISCIPLINARY SANCTIONS, WHICH MAY INCLUDE FINES AND CIVIL OR CRIMINAL PROSECUTION.
CODE OF CONDUCT AND PROVIDER MANUAL
LIMITED RIGHT OF USE/OWNERSHIP OF CONTENTS
The Site is the property of VNSNY CHOICE 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.
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 CHOICE. VNSNY CHOICE does not endorse or make any representations or warranties concerning such websites, and may not have reviewed such content or software. VNSNY CHOICE has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party site. Therefore, VNSNY CHOICE 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 CHOICE necessarily endorse such websites or sources.
By using the VNSNY CHOICE Site, you expressly relieve VNSNY CHOICE 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 CHOICE 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 CHOICE does not give any warranties, express or implied, regarding the contents, VNSNY CHOICE, 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 CHOICE NOR ITS AFFILIATED COMPANIES NOR ANY OF OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY THE “VNSNY CHOICE 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 CHOICE, THE VNSNY CHOICE 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 CHOICE NOR THE VNSNY CHOICE 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 CHOICE 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 CHOICE’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.
YOU AND VNSNY CHOICE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE VNSNY CHOICE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH ACTION IS PERMANENTLY BARRED.