ACCEPTANCE OF TERMS
Nothing in the Terms overrides the application of other rules and policies of Hospital or other agreements between you and Hospital.
If you are experiencing a medical emergency, you should not rely on any information on the Site and should seek appropriate emergency medical assistance, such as calling “911”.
You should always talk to your healthcare professionals for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for you. Statements made by any persons on the Site are not intended to substitute for discussion or evaluation with your healthcare professional or provide any guarantee as to outcomes. Nothing on the Site represents or warrants that any particular drug or treatment is safe, appropriate or effective for you. Health information changes quickly. Therefore, you should always confirm information with your healthcare professionals.
The Site is intended for a United States audience. If you live outside the United States, you may see information on the Site about products or therapies that are not authorized in your country.
USE OF THE SITE - CODE OF CONDUCT
You agree not to use the Site or any other Hospital computing resources to engage in any of the following conduct. Such conduct is unacceptable and may result in the termination of your use of the Site.
- Interfering with the operation of the Site, or, restricting, disrupting or inhibiting any other user from using and enjoying the Site and services;
- Posting or otherwise transmitting any unlawful, fraudulent, threatening, harassing, libelous, defamatory, discriminatory, obscene, or similarly objectionable or harmful material or information of any kind;
- Posting or otherwise transmitting any advertisement, promotion, or solicitation of goods or services for commercial or partisan political purposes;
- Posting or otherwise transmitting any information or software that contains a virus, worm, time bomb, Trojan horse, or other harmful or disruptive component that may compromise the security of the Site;
- Posting, transmitting or otherwise using materials in violation of another party’s copyright, privacy, publicity or other proprietary right, or the terms of any contractual agreement or fiduciary relationship;
- Using the Site or services for any commercial, partisan political or unlawful purposes;
- Copying, scraping, downloading, exporting, storing or otherwise capturing any data obtained via the Site without proper written authorization by the Hospital;
- Modifying, adapting, sublicensing, translating, selling, reverse engineering, decompiling, or disassembling any portion of the Site;
- Misrepresenting your identity, or, sharing or otherwise transferring user account information to any person other than the registered user authorized by the Hospital to use such account;
- Accessing or attempting to access any portion of the Site to which you have not been explicitly granted access;
- Directly or indirectly authorizing anyone else to take actions prohibited in this section; or
- Otherwise using the Site or any services, information and content available on or through the Site in violation of the Terms or applicable law.
PROTECTING CHILDREN'S PRIVACY
We are committed to protecting children's privacy on the internet, and we do not knowingly collect personal information from children.
SUBMISSIONS TO THE SITE BY YOU
Where authorized, you may submit any text, images, data, information, content or other materials (collectively, “Materials”) to the Site. In doing so, such Materials will be considered non-personal and non-confidential (except for personal information as described in the Privacy Policies), and you hereby grant to the Hospital a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, assignable, worldwide right and license to link to, use, reproduce, transmit, modify, adapt, practice, publish, display, perform, distribute, translate, and create derivative or collective works from, any such Materials, in whole or in part, throughout the world in any media, including all intellectual property rights therein, unless otherwise agreed in writing with the Hospital. You acknowledge and agree that any Materials submitted by users of the Site represent the opinions of the specific author and are not statements of advice, opinion or information of the Hospital. Any such Materials is no substitute for your own research and should not be relied upon for any purpose.
By submitting Materials to the Site, you certify ownership authority to grant such rights to the Hospital and acknowledge that the burden of determining whether any such Materials are protected by copyright rests solely with you.
Further, you are solely responsible for Materials submitted by you, and the Hospital assumes no responsibility or liability for Materials submitted by you or any other visitor to the Site. We may, but are not obligated to, restrict or remove any and all Materials that we determine in our sole discretion violates the Terms or is otherwise harmful to us, other Site visitors or any third-party. We reserve the right to remove Materials you submit at any time, but you understand that we may preserve and access a backup-copy, and we may disclose such Materials if required to do so by law or in a good faith belief that such access, preservation or disclosure is required by law or in the best interests of the Hospital.
Any Materials you submit will be routed through the Internet and you understand and acknowledge that you have no expectation of privacy with regard to any such Materials. Never assume that you are anonymous and cannot be identified by your submissions. You hereby grant the Hospital and any of its sublicensees the right to use the name that you submit in connection with the Materials, if they choose. You represent and warrant that you own or otherwise control all of the rights to the Materials submitted by you; that such Materials are accurate; that use of such Materials does not violate the Terms, and will not cause injury to any person or entity; and that you will indemnify the Hospital and its officers, trustees, employees, representatives and agents for all third-party claims resulting from Materials you submit.
LINKS TO OUR SITES
You may not create links to the Site (or any other site we may create in the future) from any website with content that is fraudulent, threatening, harassing, libelous, defamatory, discriminatory, obscene, or similarly objectionable or harmful, or in a manner that would constitute or encourage a criminal offense, violate the rights of any party (directly or indirectly), or otherwise give rise to liability, violate any law or falsely imply the Hospital's sponsorship, endorsement or approval of your or another party’s site or activities. Additionally, the Hospital, in its sole discretion, has the right to require that you remove links to any Site.
LINKS TO THIRD-PARTY SITES
TRADEMARKS AND COPYRIGHTS
All trademarks, service marks and logos or copyrights displayed and used on the Site are the property of their respective owners. Nothing on the Site should be construed as granting any right or license to use any trademark without the written permission of its owner. You may download and reprint a single copy of the materials from the Site ONLY for your own personal, noncommercial use, provided you include all applicable notices and disclaimers. Any other use of the materials is strictly prohibited without the prior written permission of the Hospital and the permission of the applicable rights holder(s).
DISCLAIMERS OF WARRANTIES
The Site and services, information and content available on or through any of them are provided “as is” and “as available.” The Hospital does not warrant that the Site or any such services, information or content will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in such services, information and content. The Hospital makes no representations or warranties about the accuracy, completeness, timeliness, reliability or non-infringement thereof, including user content, or of any services, information or content available through links to other websites. The Hospital reserves the right to correct any errors or omissions in the Site. If you rely on any services, information and/or content available on or through the Site, you do so entirely at your own risk.
You specifically acknowledge that the Hospital is not liable for the defamatory, offensive or illegal conduct of other users or third parties, and that the risk of injury from this type of conduct rests entirely with you. Your sole remedy for dissatisfaction with the Site or any services, information and/or content available on or through the Site is to stop using the Site and/or those services, information and content.
To the maximum extent permitted under law, the Hospital disclaims all express or implied warranties with respect to the Site and any services, information and content that are available on or through them, including without limitation, any warranty of merchantability, fitness for a particular purpose (even if that purpose has been disclosed) and non-infringement.
Although the Hospital intends to take reasonable steps to prevent the introduction of viruses, worms, “Trojan horses” or other malicious code to the Site, the Hospital does not and cannot guarantee or warrant that the Site, or any services, information and content that may be available on or through the Site, are free from such destructive features. The Hospital is not liable for any damages or harm attributable to such features. It is up to you to take any and all precautions to ensure that the services, information and content you access and use from the Site or any hyperlinked website is free of such items of a destructive nature.
Limitation of Liability
The Hospital and its officers, trustees, employees, representatives and agents are not liable for any claim of any nature whatsoever based on loss or injury because of errors, omissions, interruptions or inaccuracies in the Site or any services, information or content available on or through the Site, including loss or injury that results from your breach of any provision of the Terms.
Under no circumstances will the Hospital or its officers, trustees, employees, representatives or agents be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages (including, but not limited to, procurement of substituted services or materials; loss of use, data, revenues or profits; or business interruption) arising in any way out of or in connection with your use of the Site or any services, information or content available on or through the Site or the Terms, however caused and regardless of the theory of liability, whether in tort (including negligence of any kind), contract, statutory, or any other legal or equitable theory, even if advised of the possibility of such damages.
Some states do not allow the limitation of liability for certain kinds of damages, so some of these limitations or exclusions may not apply to you.
The Terms are the complete agreement between you and the Hospital regarding the subject matter hereof, and any and all prior or contemporaneous written or oral agreements existing between you and the Hospital regarding such subject matter are expressly canceled. We may terminate this agreement at any time for any reason. If you breach any of the Terms, your license to access and use the Site, including all services, information and content available on or through the Site, terminates immediately. Upon such termination, you must stop using the Site, including all services, information and content available on or through the Site, and return or destroy all copies, including electronic copies, thereof in your possession or control. Any heading, caption, or paragraph title contained in the Terms is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision contained within the Terms. If any provision of the Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect. No waiver of any of the Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You may not transfer or assign any rights or obligations under this agreement. In the event of termination hereunder, you shall have a continuing obligation thereafter to comply with any provision of the Terms that by its sense and context is intended to survive termination.
CHOICE OF LAW/FORUM SELECTION
You agree that any dispute arising out of or relating to the Terms, the Site or any services, information and content available on or through them, including copies and republication thereof, whether based in contract, tort, statutory or other law, will be governed by the laws of the State of New York, excluding its conflicts of law provisions. You irrevocably agree to bring any claim or dispute relating to your use of the Site or any services, information and content available on or through them, and the Terms exclusively in the applicable state courts located in Cayuga County, New York or the United States District Court for the Northern District of New York, to submit to the exclusive jurisdiction of those courts, and to waive any objections based on jurisdiction, venue, or inconvenience of the forum. In any action to enforce this agreement, the prevailing party will be entitled to costs and attorneys’ fees. If a court determines that any provision of the Terms is unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to the fullest extent permitted by law.