The following Website Use Terms and Conditions ("Terms and Conditions") apply to your use of this web site (the "Site"). By accessing, viewing, or using the Site, you indicate that you understand and intend for these Terms and Conditions to be the legal equivalent of a signed, written contract between you and Independent Health Association, Inc., its affiliates and subsidiaries ("we," "us," "our" or "Independent Health"). You accept such Terms and Conditions and agree to be legally bound by them. If you do not agree with the Terms and Conditions, in whole or in part, please do not use the Site and please exit immediately.
We have made every effort to present the information contained on the Site accurately, but additions, deletions and changes may occur. We have no obligation to update this Site. Any information presented may be out of date and may contain inaccuracies or errors. The information on the Site is limited in nature and does not contain all the applicable terms, conditions, limitations or exclusions of the products and services referenced.
The information contained in this Site is general in nature and is not a substitute for professional health care. It is not meant to replace the advice of health care professionals. If you have specific health care needs, or for complete health information, please see a doctor or other health care provider. The Site highlights health-related products and services and is for educational purposes only. To check any information on this Site or discuss anything about benefits and coverage, call our Member Services Department at 716-631-8701 or 1-800-501-3439.
2. Copyrights & Trademarks
All material contained in this Site is protected by law including, but not limited to, United States copyright law. Except as indicated, Independent Health is the owner of the copyright in the entire content of this Site, including images, text and look and feel attributes, and we reserve all rights in that regard. Removing or altering the copyright notices on any material on the Site is prohibited.
3. Your Communications With Our Website
We welcome your feedback and suggestions about how to improve our products and services and this Site. By transmitting any suggestions, information, material, or other content (collectively, "Content") to us, you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such Content, in whole or part, worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such content. Further, Further, we are free to use any ideas, concepts, "know-how", techniques, and suggestions contained in any communications you sent to this Site for any purpose whatsoever, including but not limited to creating and marketing products or services, or both, using such information. We are not responsible and shall not be liable for the Content you or any other visitors post on this Site. Opinions or comments contained in Content reflect the views of the author. We neither endorse nor shall be held responsible for the reliability or accuracy of such Content. You acknowledge that by submitting Content to us, no confidential, fiduciary, contractually implied or other relationship is created between you and Independent Health other than pursuant to this Agreement. Also, please understand that the confidentiality and security of any communication or material transmitted to us via this Site or via Internet electronic mail cannot be guaranteed. To contact us privately, please contact our Member Services department by mail at: 511 Farber Lakes Drive, Buffalo, New York 14221 or by phone at: (716) 631-8701 or 1-800-501-3439 (TTY 1-888-357-9167) .
4. Corrections & Changes
While we endeavor to keep the materials on the Site up-to-date, we cannot assume responsibility for any
errors or omissions in these materials. We do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. We may make changes to these materials, or to the products or services described herein, at any time without notice. We make no commitment to update the information contained herein. You may use the Contact Us feature of the Site to report errors or omissions.
5. Links to Other Websites
This Site may, from time-to-time, contain links to other Internet websites for the convenience of our users in locating information and services that may be of interest. You acknowledge and agree that these third-party sites are maintained by persons or organizations over which we do not exercise any control. We expressly disclaim 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 websites. We do not control, endorse, promote, or have any affiliation with any other website unless expressly stated in the Site. You agree that any reliance upon such opinion, advice, statement, memorandum or information shall be at your sole risk. If you believe we have linked to an inappropriate website, please contact us and we will take whatever action we deem appropriate.
6. 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. We will not be liable for any loss resulting from a cause over which we 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.
7. Privacy Notice
We have a Privacy Notice describing what information we collect about our members, how we use such information, and the steps we take to secure and keep such information confidential.
8. No Solicitation or Offer
This Site is designed to provide general information about Independent Health and our products and services. Information on the Site is not intended to constitute an offer to sell or a solicitation of any particular product or service.
9. No Advice
Nothing contained, expressed or implied in the Site is intended as nor shall be construed as medical advice because we are not engaged in the practice of medicine. No doctor-patient relationship is established between you and Independent Health in the course of your use of this Site or under any circumstances whatsoever. Individual inquiries about medical issues, or sensitive or confidential matters should be addressed to appropriate health care professionals. Furthermore, nothing contained, expressed, or implied in this Site is intended as, nor shall be construed or understood as, legal advice, guidance, or interpretation. No attorney-client relationship is established between you and Independent Health in the course of your use of this Site or under any circumstances whatsoever. The information in this Site is for general informational purposes only. If you have questions about any law, statute, regulation or requirement expressly or implicitly referenced in this Site, you should contact your own legal counsel.
10. Disclaimer of Warranty and Liability
USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF YOUR RELIANCE ON ANY INFORMATION CONTAINED IN OR SUBMITTED TO THE SITE, AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS SITE, INCLUDING ALL CONTENT, SOFTWARE, FUCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE IS 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. WE 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 YOUR USE OF, ACCESS TO, OR INABILITY TO USE THESE MATERIALS.
You agree to defend, indemnify, and hold harmless Independent Health, its affiliates and subsidiaries, and all
of their respective directors, officers, employees, representatives, proprietors, business partners, 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 the Site and any breach by you of these Terms and Conditions. You shall not settle any claim that affects us without our prior written approval.
We reserve the right to terminate your access to the Site in the event that you violate these Terms and Conditions, or for any reason whatsoever. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of laws provisions. By accessing, viewing, or using the Site you consent to the jurisdiction of the federal and state courts located in Erie County, New York, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is controlled and operated by us from our offices within the United States. We make no representation that materials in the Site 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 this Site from other locations do so of their own volition and are responsible for compliance with applicable state laws.
These Terms and Conditions constitute the entire agreement between you and Independent Health with respect to your use of the Site. 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 the Site, we have relied on your agreement to be legally bound by these Terms and Conditions.