BY ACCESSING, USING AND/OR VIEWING OUR SITE, YOU HEREBY AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST EXIT THIS SITE. PLEASE NOTE THAT CHILDREN UNDER THE AGE OF THIRTEEN (13) ARE PROHIBITED FROM USING this SITE.
LICENSE AND WEBSITE ACCESS. The site and information contained within the site may not be distributed, modified, reproduced, transmitted or used commercially in whole or in part without our written permission, except you may make a limited number of copies for your own personal, noncommercial use.
Our site contains software tools and databases that allow you to search and retrieve information. You may not (1) sell, distribute or commercially exploit such software tools, databases or the results of any database search performed on this site, (2) use any data mining, robots, or similar gathering and extraction tools, or (3) sell, rent, lease, lend, or transfer any services provided on this site.
You may use our services for lawful purposes only. You may not use our services to post, transmit or otherwise distribute unlawful material. Examples of unlawful material include, but are not limited to, threats of physical harm, defamatory statements, pornographic material, and copyrighted, trademarked, and other proprietary material used without proper authorization. You may not attempt to use or distribute tools designed for compromising security or take action to compromise the security of this site. Examples of these tools include, but are not limited to, password guessing programs, cracking tools, or network probing tools. You may not "flood" or disrupt our site through any means or process. You are responsible for all use of our services and our site, with or without your consent, by yourself and others, which occurs by, through, or in connection with access to our site via your computer.
DISCLAIMER. Our site contains various types of information originating from ourselves or third parties.
AS THE USER OF THIS SITE, YOU ASSUME FULL RISK AND RESPONSIBILITY FOR ANY AND ALL USE OF THIS SITE, INCLUDING THE INFORMATION PRESENTED ON THE SITE. YOU AGREE TO HOLD GROUP HEALTH SOLUTIONS INC. AND ITS AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS RELATING TO YOUR USE OF, YOUR RELIANCE UPON, ANY DISRUPTION, ERRORS OR OMISSIONS IN, INFORMATION FOUND ON THIS SITE.
THE SERVICES, INFORMATION AND FUNCTIONS CONTAINED ON OUR SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF ACCURACY, COMPLETENESS. WE EXPRESSLY DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS FROM SERVICES, INFORMATION, OR MATERIALS, INCLUDING HEALTH-RECORD HISTORIES. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED WEBSITE OR ANY LINK CONTAINED IN A LINKED WEBSITE, EXCEPT TO THE EXTENT THAT SUCH LINK IS OWNED AND OPERATED BY GROUP HEALTH SOLUTIONS INC.
LIMITATION OF LIABILITY. Use of our services is at your own risk. With regard to outside vendors and information providers, we do not own or control networks, sites, or hyperlinked sites outside of our own site, including the outside vendors accessed through our site.
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, LOSS OF REVENUE, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS, LOSS OF TECHNOLOGY, LOSS OF RIGHTS OR SERVICES, LOSS OF DATA, INTERRUPTION OR LOSS OF USE OF ANY EQUIPMENT, MENTAL ANGUISH, EMOTIONAL DISTRESS, OR INVASION OF PRIVACY, ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITE AND/OR THE PRODUCTS AND SERVICES PROVIDED THROUGH OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
WE ARE NOT RESPONSIBLE OR LIABLE FOR THE ACTS OR OMISSIONS OF OUTSIDE VENDORS OR INFORMATION PROVIDERS, OR FOR PERFORMANCE (OR NON-PERFORMANCE) WITHIN OUTSIDE COMPANIES OR INTERCONNECTION POINTS BETWEEN OUR SITE AND OTHER COMPANIES AND/OR SITES THAT ARE OPERATED BY THIRD PARTIES. WE ALSO MAKE NO REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH OUR SITE, AND YOU AGREE AND ACKNOWLEDGE THAT AT TIMES YOUR ABILITY TO ACCESS OUR SITE MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH WE WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ANY ACTION WE CONSIDER APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, WE CANNOT GUARANTEE THAT THEY WILL NOT OCCUR, AND ACCORDINGLY WE DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
WE ARE NOT LIABLE FOR ANY FAILURE OR DELAY IN OUR PERFORMANCE DUE TO ANY CAUSE BEYOND OUR REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT OR FAILURE OF THE INTERNET.
INDEMNIFICATION. You agree to defend, indemnify and hold Group Health Solutions Inc. and its directors, officers, employees, agents, affiliates and successors harmless from and against any and all claims, demands, liabilities, judgments, losses, damages, costs, fees and expenses (including but not limited to reasonable attorneys' fees) arising from or relating to your use of the site or your acts or omissions, including but not limited to (1) infringement or misappropriation of any intellectual property rights, (2) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity, (3) spamming, or any other offensive, harassing or illegal conduct or violation of this Agreement, or (4) any damage or destruction to our site, to us, or to other persons or parties.
TERMINATION. Group Health Solutions Inc. may terminate the license granted to you under the above "License and Website Access" section at any time if you are in breach of this Agreement. The license will terminate immediately without notice from Group Health Solutions Inc. if, in its sole discretion, you fail to comply with any term or provision of this Agreement. Upon such termination, you may not access, use, or view the site.
BREACH. You hereby acknowledge that your breach of this Agreement may result in immediate and irreparable harm to Group Health Solutions Inc, for which there will be no adequate remedy at law, and that Group Health Solutions Inc shall be entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation and/or disclosure of information obtained through the site. Your breach of this Agreement may also entitle Group Health Solutions to bring an action against you for any and all other remedies available at law or in equity.
JURISDICTION. This Agreement, and the rights and obligations of you and Group Health Solutions Inc. hereunder, shall be governed by, and construed in accordance with, the laws of the State of New York. You further agree that any legal action or proceeding between you and Group Health Solutions Inc. arising out of or relating to this Agreement or your use of the site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York, New York and you hereby expressly and irrevocably consent to the jurisdiction and venue of such courts. Thank you for taking the time to review this Terms of Service Agreement. We hope you will find this website a useful tool in promoting the health and welfare of employees and families.