Iroquois healthcare association, Inc.

Terms and Conditions

 

You have arrived at an online service location (e.g., web site or application) that is owned and operated by the Iroquois Healthcare Association, Inc. and/or one of its subsidiaries or affiliates (“IHA” or “we,” “our” or “us”).  These terms and conditions (“Terms and Conditions”) govern your use of any online service location (e.g., web site or application) that posts a link to these Terms and Conditions, and also applies to your use of interactive features, widgets, plug-ins, applications, content, downloads and/or other services (collectively, our “Service”) that: (i) we own and control and make available through an online service; or (ii) that posts a link to these Terms and Conditions, regardless of how you access or use our Service, whether via personal computers, mobile devices or otherwise.

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH OUR SERVICES.  BY ACCESSING OUR SERVICES, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS AND CONDITIONS.  We reserve the right to change, update, or correct any of these Terms and Conditions or any information contained in our Service at any time without notice by posting an amended statement to our Service.  Your continued use of our Service means that you accept and agree to the revised Terms and Conditions.  If you do not accept these Terms and Conditions (as amended from time to time), please exit our Service immediately.

 

Proprietary Rights

All material contained in our Service is protected by law, including, but not limited to, United States copyright law.  Except as indicated, IHA is the owner of the copyright in the entire content (including images, text and look and feel attributes) of our Service and reserves all rights in that regard.  Removing or altering the copyright notice on any material on our Service is prohibited. IHA also owns a copyright in our Service as a collective work and/or compilation, and in the selection, coordination, arrangement, organization and enhancement of our Service content.  Any commercial use of our Service content is prohibited without the prior written consent of IHA.  Except as indicated, IHA owns all trademarks, service marks or other logos featured in our Service.  Use or misuse of these trademarks, service mark or logos is expressly prohibited and may violate federal and state law.  Please be advised that IHA actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

 

2. User, Account, Password and Security

Some areas of our Service may require you to establish an account by registering with IHA and obtaining a user ID and password.  When you register, you agree to provide accurate, current, and complete information, and promptly update your information as required (including your email address).  In addition, you represent and warrant that you have obtained all necessary consents and authorizations from any individual, personal or business, for you to provide information to IHA on our Service on their behalf.

You are responsible for maintaining the confidentiality of your account, including your user name and password.  You are prohibited from using another individual’s username or password, or giving your username or password to someone else.  You agree to notify IHA immediately of any unauthorized use of your account or of any other breach of security.  You will be responsible for any activity that occurs under your account.

 

3. No Medical Services or Advice

Nothing contained, expressed or implied in our Service is intended as nor shall be construed as medical advice.  No doctor-patient relationship is established between IHA and you by reason of your use of our Service or under any circumstances whatsoever.  Individual inquiries about medical issues, or sensitive or confidential matters should be addressed to appropriate health care professionals.

 

4. No Legal Advice

Nothing contained, expressed, or implied in our Service is intended as, nor shall be construed or understood as, legal advice, guidance, or interpretation. No attorney-client relationship is established between IHA and you by reason of your use of our Service or under any circumstances whatsoever.  The information in our Service is for general informational purposes only.  If you have questions about any law, statute, regulation, or requirement expressly or implicitly referenced in our Service, you should contact your legal counsel.

 

5. Privacy Statement

IHA has a Privacy Statement disclosing what information we collect about visitors, how we use such information, the steps we take to secure such information, how you can view and correct such information, and how you can decline to have information about you collected or used.

 

6. Disclaimer of Warranty and Liability

USE OF OUR SERVICE IS ENTIRELY AT YOUR OWN RISK.  NEITHER IHA NOR ITS SUBSIDIARIES OR AFFILIATES ARE RESPONSIBLE FOR THE CONSEQUENCES OF RELIANCE ON ANY INFORMATION CONTAINED IN OR SUBMITTED TO OUR SERVICE, AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.  THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  IHA SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THESE MATERIALS.  UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF IHA TO YOU EXCEED THE PRICE PAID FOR USE OF OUR SERVICE.

 

7. Corrections and Changes

Our Service may be unavailable from time to time for any reason including, without limitation, routine maintenance.  You understand and acknowledge that our Service may be interrupted, suspended and terminated from time to time.  While we endeavor to keep the materials on our Service up to date, IHA cannot assume responsibility for any errors or omissions in these materials.  IHA further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials.  IHA may make changes to these materials, or to the products or services described herein, at any time without notice, and makes no commitment to update the information contained herein.  IHA reserves the right to terminate your access to our Service in the event that you violate these Terms and Conditions, or for any reason whatsoever.

 

8. Indemnification

You agree to defend, indemnify, and hold harmless IHA, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney’s fees and litigation expenses) relating to or arising from your use of our Service and any breach by you of these Terms and Conditions.

 

9. Links to Other Web Sites

Our Service may, from time to time, contain links to other Internet Web sites for the convenience of users in locating information and services that may be of interest.  Visitors to our Service acknowledge that these third-party sites are maintained by persons or organizations over which IHA exercises no control, and IHA expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third-party sites.  IHA does not control, endorse, promote, or have any affiliation with any other Web site unless expressly stated in our Service.

 

10. User Generated Content

IHA encourages you to submit feedback regarding IHA, our Service, as well as your reviews, comments, posts, photos, videos, audio and other content that you submit through or to our Service (“User Generated Content”), as long as the User Generated Content is appropriate for a family audience and otherwise complies with these Terms and Conditions, other IHA guidelines or policies, and guidelines or policies specific to the activity or forum, as applicable.  By posting or submitting your User Generated Content to our Service, you expressly agree NOT to submit User Generated Content which: (i) is harmful, inaccurate, threatening, abusive, harassing, tortious, deceptive, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy or other rights, hateful or otherwise objectionable; (ii) violates any law, regulation or right of any third party, including without limitation, copyright, trademark, patent, privacy or publicity rights or any other proprietary rights; and/or (iii) contains malware, commercial solicitations, political campaigning, mass mailings or “spam” of any kind.

You acknowledge and agree that IHA has the right (but not the obligation) to do any or all of the following at any time: (a) monitor User Generated Content; (b) remove or refuse to post any User Generated Content; and/or (c) disclose User Generated Content to any third party, and the circumstances surrounding submission.

You alone, and not IHA, are responsible for ensuring you have the rights to grant the license described in these Terms and Conditions and for IHA to post the User Generated Content, including, but not limited to, any copyright rights to images or other content, and the right to publish the images of people, landscapes and/or other creative works within the User Generated Content.  When you post or submit User Generated Content, you grant to IHA a non-exclusive, fully paid-up, perpetual, worldwide, irrevocable, royalty-free, transferable and sub-licensable right and license to use, display, disclose, perform, reproduce, transmit, copy, modify, delete, adapt, publish, translate, creative derivative works from, sell and distribute such User Generated Content and to incorporate the User Generated Content into any form, product, marketing, medium or technology, now known or hereafter developed, throughout the world, all without compensation to you.  Accordingly, do not send, post or submit any User Generated Content that you do not wish to license to IHA, including any confidential information or any original creative materials, such as product ideas or original artwork.  To the extent you submit your photo, name, username, nickname or other personal identifier along with your User Generated Content, you represent it is an accurate representation and you grant to IHA the right (but not the obligation) to use such identifier, or portion thereof, with such User Generated Content.  You agree to indemnify IHA for any claims arising out of your breach of the Terms and Conditions or in connection with your User Generated Content.

As a visitor to our Service, please be advised that IHA does not endorse or take responsibility for the opinions, advice, information or statements made by third-party visitors to our Service, whether through User Generated Content or otherwise.

 

11. Digital Millennium Copyright Act (“DMCA”) Notice

IHA is committed to complying with copyright and related laws, and requires all users of our Service to comply with these laws.  You may not store, post, modify, distribute, reproduce in any way, use or disseminate any material or content though our Service in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law.

Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements.  IHA does not, and will not, make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim.  Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue.  IHA may contact the notice provider to request additional information.  IHA reserves the right to disregard a notice that is not in compliance with the DMCA.  Under the DMCA, IHA is required to take reasonable steps to notify the user who posted the allegedly infringing content.  If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.  Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to our Service should be sent to the address below.

If you are uncertain whether particular material infringes a copyright held by you or a third party, you should contact an attorney.  Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees.

To be effective, your Notification of Claimed Infringement must be in writing, sent to our designated agent listed below and contain the following information:

a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

b. A description of the copyrighted work or other intellectual property that you claim has been infringed;

c. A description of where the material that you claim is infringing is located to permit us to locate the material;

d. Your contact information, including your name, address, telephone number, and email address;

e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

f. A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

 

IHA’s designated agent for notice of claims of copyright infringement can be reached as follows:

By E-Mail: [email protected] with the subject line “DMCA”

By Mail:

Iroquois Healthcare Association, Inc.
Attn: Office of the President
15 Executive Park Drive
Clifton Park, NY 12065

By Fax: (518) 383-2616 to the attention of the Office of the President.

 

 

12. Use of the Internet

Use of the Internet is solely at your own risk and is subject to all applicable state, national and international laws and regulations.  Neither IHA nor its affiliates will be liable for any loss resulting from a cause over which they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

 

13. Governing Law and Jurisdiction

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New York, without reference to its choice of law rules.  By accessing, viewing, or using the material on our Service, you consent to the jurisdiction of the federal and state courts presiding in Albany, New York, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available.  Our Service is controlled and operated by IHA from its offices within the United States.  IHA makes no representation that materials on our Service are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited.  Those who choose to access our Service from other locations do so on their own volition and are responsible for compliance with applicable local laws.

These Terms and Conditions constitute the entire agreement between you and IHA with respect to your use of our Service.  If any part of these Terms and Conditions is held to be invalid or unenforceable for any reason, the remaining parts will remain in full force and effect. You acknowledge that, in providing you access to and use of our Service, IHA has relied on your agreement to be legally bound by these Terms and Conditions.

If you have any questions or comments about these Terms and Conditions, please send an email to [email protected].

 

 

This document was last updated January 2021.