Web Site Terms and Conditions (“Terms”)
Please read the following Terms carefully before using New York Cancer Specialists (“NYCancer”) web site, NYCancer.com, including but not limited to the www.NYCancer.com Web Site, as well as any online features, services and/or programs offered by NYCancer (collectively, the “Web Site”). By accessing or using the Web Site, you agree to the following Terms. You should review these Terms regularly as they may change at any time at the sole discretion of NYCancer. If you do not agree to any portion of these Terms, you should not access or otherwise use the Web Site. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video, and any other information provided from or on, uploaded to and/or downloaded from the Web Site.
NYCancer will make an effort to update this web page with any changes to these Terms and/or to the services described in these Terms and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appear at the end of these Terms).
1. Convenience and Information Only; Acceptance of Terms.
By merely providing access to the Web Site, NYCancer does not warrant or represent that:
(a) the Content is accurate, complete, up-to-date or current;
(b) NYCancer has any obligation to update any Content;
(c) the Content is free from technical inaccuracies or typographical errors;
(d) that the Content does not infringe on the intellectual property rights of any third party;
(e) that the Content is free from changes caused by a third party;
(f) your access to the Web Site will be free from interruptions, errors, computer viruses, or other harmful components; and/or
(g) any information obtained in response to questions asked through, or postings made on, the Web Site is accurate or complete. Your use of the Web Site and the services offered therein are subject to federal law and the law of New York State (“Applicable Law”).
You affirm that you are 18 years of age or older, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
2. Site Use and Content.
You may view, copy or print pages from the Web Site solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute, or publish any information from the Web Site without the express, prior, written consent of NYCancer. At any time, we may, without further notice, make changes to the Web Site, to these Terms and/or to the services described in these Terms.
(a) No Warranties. You expressly agree that your use of the Web Site is at your sole risk. The Web Site, the online service, and the Content is provided "as is" and "as available" for your use, without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. NYCancer provides the Web Site and the online service on a commercially reasonable basis and NYCancer makes no representations or warranties that:
(i) the Web Site, the online service, the Content, or any services offered in connection with the Web Site are or shall remain uninterrupted or error-free;
(ii) that defects shall be corrected;
(iii) that the web pages on the Web Site, the online service, and electronic communication, or the servers used in connection with the Web Site are or shall remain free from any viruses, worms, time bombs, drop dead devices, Trojan horses, or other harmful component; or
(iv) that any person using the Web Site will be the person that he or she represents himself of herself to be. NYCancer does not guarantee that you will be able to access or use the Web Site and/or the online service at times or locations of your choosing, or that NYCancer shall have adequate capacity for the Web Site and/or the online service as a whole or in any specific geographic area.
(b) Indemnification. You agree to defend, indemnify, and hold NYCancer and its
affiliates, subsidiaries, owners, directors, officers, employees, and agents harmless
from and against any and all claims, demands, suits, proceedings, liabilities,
judgments, losses, damages, expenses and costs (including without limitation
reasonable attorneys’ fees) assessed or incurred by NYCancer, directly or
indirectly, with respect to or arising out of:
(i) your failure to comply with these Terms;
(ii) your breach of your obligations under these Terms;
(iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or
(iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.
(c) Not Investment Advice. NYCancer does not intent to provide any investment advice or information relating to itself or any NYCancer identified on the Web Site. Nevertheless, the Web Site may, from time to time, contain information on the current or prospective financial condition of this and/or certain other companies. NYCancer cautions that there are various important factors that could cause actual results to differ materially from those indicated in the information you may encounter on the Web Site. Accordingly, there can be no assurance that such indicated results will be realized. These factors include, among other things, legislative and regulatory initiatives regarding regulation of American companies doing business abroad; political and economic conditions and developments in the United States and in foreign countries in which the companies discussed on the Web Site operate; financial market conditions and the results of financing efforts; and changes in commodity prices and interest rates.
4. Limitation of Liability.
In no event will NYCancer be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages arising from your use of the Web Site, the online service, and/or any service provided in connection with the Web Site, or for any other claim related in any way to your use of the Web Site, the online service, and/or any service provided in connection with the Web Site, including, but not limited to,
(a) errors, mistakes, or inaccuracies of Content,
(b) personal injury or property damage, of any nature whatsoever, resulting from your access to an use of the Web Site, the online service, and/or any service provided in connection with the Web Site,
(c) any unauthorized access to or use of our computer servers and/or any and all personal information and/or financial information stored therein,
(d) any interruption or cessation of transmission to or from the Web Site, the online service, and/or any service provided in connection with the Web Site, and/or
(e) any viruses, worms, time bombs, drop dead devices, Trojan horses, or other harmful components that may be transmitted to or though the Web Site, the online service, and/or any service provided in connection with the Web Site by any third Party or for any loss or damage of any kind. Because some States or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such States or jurisdictions NYCancer's liability will be limited to the greatest extent permitted by law.
5. Privacy and Information Security Policy.
6. Third Party Content
a. NYCancer may provide hyperlinks to other web sites maintained by third parties, or NYCancer may provide third party content on the Web Site by framing or other methods. The links to third party web sites are provided for your convenience and information only, and is not an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with NYCancer. The content on any linked web site is not under NYCancer's control and NYCancer is not responsible for the content of linked web sites, including any further links contained in a third party web site. If you decide to access any of the third party web sites linked to the Web Site, you do so entirely at your own risk.
b. If a third party links to the Web Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with NYCancer. In most cases, NYCancer is not even aware that a third party has linked to the Web Site. A web site that links to the Web Site:
(i) may link to, but not replicate, NYCancer’s Content;
(ii) may not create a browser, border environment or frame NYCancer’s Content;
(iii) may not imply that NYCancer is endorsing it or its products;
(iv) may not misrepresent its relationship with NYCancer;
(v) may not present false or misleading information about NYCancer’s products or services; and
(vi) should not include content that could be construed as distasteful, offensive, or controversial, and should contain only Content that is appropriate for all age groups.
7. Copyright and Trademark.
The trademarks, service marks, and logos used and displayed on the Web Site are NYCancer’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. NYCancer is the copyright owner or authorized licensee of all text and all graphics contained on the Web Site. All trademarks and service marks of NYCancer that may be referred to on the Web Site are the property of NYCancer. Other parties’ trademarks and service marks that may be referred to on the Web Site are the property of their respective owners. Nothing on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of NYCancer’s trademarks or service marks without NYCancer’s prior written permission. NYCancer aggressively enforces its intellectual property rights. Neither the name of NYCancer nor any of NYCancer other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Web Site or otherwise, without NYCancer’s prior written permission, except that a third party web site that desires to link to the Web Site and that complies with the requirements of Paragraph 6(b) above may use the name “NYCancer” in or as part of that URL link. If you believe that any Content on the Web Site violates any intellectual property right of yours, please contact NYCancer at the address, email address or telephone number set forth at the bottom of these Terms.
8. Local Laws.
NYCancer makes no representation that content or materials in the Web Site are appropriate or available for use in jurisdictions outside the United States. Access to the Web Site from jurisdictions where such access is illegal is prohibited. If you choose to access the Web Site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. NYCancer is not responsible for your violation of law. You may not use or export the Content or materials in the Web Site in violation of U.S. export laws and regulations. You agree that the Web Site, these Terms, and the Online Service shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the law of New York. The Web Site and the Online Service shall be deemed a passive website and service that does not give rise to personal jurisdiction over NYCancer, either specific or general, in jurisdictions other than New York State. You agree and hereby submit to the exclusive personal jurisdiction of the New York state and federal courts. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
Information that NYCancer publishes in the Web Site may contain references or cross-references to products, programs, or services of NYCancer that are not necessarily announced or available in your area. Such references do not mean that NYCancer will announce any of those products, programs, or services in your area at any time in the future. You should contact NYCancer for information regarding the products, programs and services that may be available to you, if any.
You may not assign these Terms, in whole or in part, or delegate any of your responsibilities hereunder to any third party. Any such attempted assignment or delegation will not be recognized by NYCancer unless acknowledge by NYCancer in writing. NYCancer has no obligation to provide you with written acknowledgment. NYCancer may, at any time and in its sole discretion, assign these Terms, in whole or in part, or delegate any of our rights and responsibilities under these Terms to any third party or entity.
NYCancer complies with applicable Federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability, or sex. NYCancer does not exclude people or treat them differently because of race, color, national origin, age, disability, or sex. NYCancer provides free aids and services to people with disabilities to communicate effectively with us, such as:
a. Qualified sign language interpreters
b. Written information in other formats (large print, audio, accessible electronic formats, other formats)
c. Free language services to people whose primary language is not English, such as:
i. Qualified interpreters
ii. Information written in other languages If you need these services, contact [Name and Title of Civil Rights Coordinator]. If you believe that NYCancer has failed to provide these services or discriminated in another way on the basis of race, color, national origin, age, disability, or sex, you can file a grievance with:
Robert Nicoletti, COO
235 North Belle Mead Road
East Setauket, New York 11733,
Phone - 631-675-5149, Fax - 631-828-3210
You can file a grievance in person or by mail, fax, or email. If you need help filing a grievance, [Name and Title of Civil Rights Coordinator] is available to help you. You can also file a civil rights complaint with the U.S. Department of Health and Human Services, Office for Civil Rights, electronically through the Office for Civil Rights Complaint Portal, available at https://ocrportal.hhs.gov/ocr/portal/lobby.jsf, or by mail or phone at:
U.S. Department of Health and Human Services
200 Independence Avenue, SW
Room 509F, HHH Building
Washington, D.C. 20201
1-800-368-1019, 800-537-7697 (TDD)
Complaint forms are available at http://www.hhs.gov/ocr/office/file/index.html.
ATENCIÓN: si habla español, tiene a su disposición servicios gratuitos de asistencia lingüística. Llame al 1-xxx-xxx-xxxx
注意：如果您使用繁體中文，您可以免費獲得語言援助服務。請致電 1-xxx-xxxxxxx 주의: 한국어를 사용하시는 경우, 언어 지원 서비스를 무료로 이용하실 수 있습니다. 1-xxxxxx-xxxx
ВНИМАНИЕ: Если вы говорите на русском языке, то вам доступны бесплатные услуги перевода. Звоните 1-xxx-xxx-xxxx
اذإ تنك ثدحتت ركذا ،ةغللا نإف تامدخ ةدعاسملا ةیوغللا رفاوتت كل ناجملاب. لصتا مقرب1-xxxx-xxx-xxx)مقر ةظوحلم: .(xxx-xxx-xxxx-1:مكبلاو مصلا فتاھ
ATTENTION : Si vous parlez français, des services d'aide linguistique vous sont proposés gratuitement. Appelez le 1-xxx-xxx-xxxx
ATTENZIONE: In caso la lingua parlata sia l'italiano, sono disponibili servizi di assistenza linguistica gratuiti. Chiamare il numero 1-xxx-xxx-xxxx
ACHTUNG: Wenn Sie Deutsch sprechen, stehen Ihnen kostenlos sprachliche Hilfsdienstleistungen zur Verfügung. Rufnummer: 1-xxx-xxx-xxxx
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and NYCancer’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms are the entire agreement between you and NYCancer with respect to your use of the Web Site and the Online Service, and supersede any and all prior communications and prior agreements, whether written or oral, between you and NYCancer regarding the Web Site and the Online Service.
Your Consent To This Agreement
By accessing and using the Web Site, you consent to and agree to be bound by the terms of the
foregoing Terms. If we decide to change these Terms, we will make an effort to post those
changes on the web page so that you will always be able to understand the terms and conditions
that apply to your use of the Web Site and/or the Online Service. Your use of the Web Site
and/or the Online Service following any amendment of these Terms will signify your assent to
and acceptance of its revised terms.
If you have additional questions or comments of any kind, or if you see anything on the Web Site that you think is inappropriate, please let us know by calling us at (631) 751-3000.
EFFECTIVE AS OF: October 20, 2016
LAST UPDATED: October 20, 2016