- CHANGE TO TERMS.
- CONTENT OWNERSHIP.
The Provider Web Site and the content accessible through the Provider Web Site, and all intellectual property rights included in or associated with the Provider Web Site, including but not limited to patents, copyrights, trademarks and service marks (collectively, “Content”), are owned or licensed by us, and all right, title and interest in and to the Provider Web Site and Content remains with us and our licensors. Except as ordinarily occurs when a web site is downloaded to your computer in the normal course of browsing such web site, material from the Provider Web Site may not be copied, distributed, re-published, uploaded, posted, modified, reverse engineered, or transmitted in any manner without our prior written consent. Certain Content may be licensed from third parties and all such third-party content and intellectual property rights related to such content belong to the respective third parties. In any event, you may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Provider Web Site or in the Content.
- DISCLAIMER OF WARRANTIES.
The material in this site could include technical inaccuracies or typographical errors. YOU USE PROVIDER WEB SITE AT YOUR OWN RISK. THE PROVIDER WEB SITE IS PROVIDED “AS IS,” WHERE IS, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORTS IS WITH YOU. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY, QUALITY, ACCURACY OR TITLE. FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PROVIDER WEB SITE OR AGAINST INFRINGEMENT. We also do not guarantee uninterrupted or secure access to the Provider Web Site, that defects will be corrected, or that the Provider Web Site or the servers that make it available are free of viruses or other harmful components.
- LIMITATION OF LIABILITY.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED $100.
Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions which may supersede the foregoing disclaimers and limitations. As a result, these disclaimers and/or limitations may not apply to you if prohibited by law.
We may, in our sole discretion and at any time, discontinue the Provider Web Site, either in part or in whole, with or without notice. You agree that any termination of your access to the Provider Web Site may be affected without prior notice, and you agree that we shall not be liable to you or any third-party for any such termination.
- PROHIBITED ACTIVITIES.
You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs or other malicious code, intended to damage or interfere with the proper working of the Provider Web Site or to surreptitiously intercept or expropriate any system, data or personal information from the Provider Web Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique.
- LINKING AND THIRD-PARTY CONTENT; ADDITIONAL FUNCTIONALITY.
The Provider Web Site may contain links to third-party web sites not under our control or operation. We provide any such links only as a convenience and do not endorse and are not responsible for the contents of any linked site or any link contained in a linked site. The Provider Web Site may contain news, information, or pricing published by various third-party providers. Use of any third-party content may be conditioned upon terms and conditions as provided, from time to time, by such third-party providers.
Certain portions of the Provider Web Site may contain additional functionality, including but not limited to web portals, web applications and other interactive features restricted by username/password access (“Additional Functionality”). Access to any Additional Functionality is subject to a separate monitoring or other services agreement between you and us, and such access to the Additional Functionality may be subject to terms from our third party service providers and may be terminated without notice upon termination of the separate monitoring or services agreement and/or if we determine that you are using the Additional Functionality improperly, illegally or in any other manner which is detrimental to us and/or our customers and suppliers.
- LAWS AND REGULATIONS.
You must comply with all applicable laws, statutes, ordinances and regulations regarding: (i) use of the Provider Web Site and (ii) release of information to and retrieval of information from the Provider Web Site.
- GOVERNING LAW, ARBITRATION AND JURISDICTION.
April 12, 2019