You agree to release Northwell and its’ affiliates from all liability in regard to your use of these Services. Northwell and its affiliates are not responsible for the consequences or reliance on any information contained herein. We do not guarantee that this site is error-free and uninterrupted (see Disclaimer of Warranties Section below for further detail). To the maximum extent allowed by law, in no event will Northwell or its affiliates be liable for any indirect, consequential, special, incidental or punitive damages, including loss of revenues or loss of profits, or any other damages, fees, fines, penalties, or liabilities arising out of your access, use or inability to use this website or the content or materials herein.
We also may present to you or post additional terms that apply to particular Services (“Services-Specific Terms”) that apply to particular features of the Services. To the extent that these Terms conflict with the Services-Specific Terms, the Services-Specific Terms will control.
RESERVATION OF RIGHTS
We reserve the right at any time and for any reason, with or without notice, and without liability to you or any other user, to: (1) modify, suspend or terminate the operation or any feature of the Services; (2) restrict, limit, suspend or terminate your and/or any other user’s access to the Services; (3) monitor any user’s use of the Services to verify compliance with these Terms and/or any applicable law; (4) investigate any suspected or alleged misuse of the Services and cooperate with law enforcement and/or third-parties in such investigation; and (5) disclose information about any user’s use of the Services in connection with any law enforcement investigation, or in response to a lawful court order or subpoena.
The Services are the proprietary property of Northwell and/or its third-party licensors, and are protected by U.S. and foreign copyright, trademark and other intellectual property laws. The names, marks, logos and other identifiers associated with Northwell and its products and services are trademarks and service marks of Northwell and are solely owned by Northwell.
Subject to your compliance with these Terms, we grant you a revocable, conditional and limited license to access and use the Services solely for your own personal and non-commercial use in accordance with applicable laws. If the Services permit you to download or print any Content, such Content may be used only by you and only in connection with this purpose. You may not copy or distribute any such Content. This license is personal to you and is not transferable or assignable to others, and may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). We reserve all rights not expressly granted herein.
Any unauthorized use, reproduction or distribution of the Services is strictly prohibited and may result in civil and/or criminal penalties.
A provision of the Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Northwell to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision.
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NORTHWELL HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR TITLE, AND ALL WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NORTHWELL DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT OR ERROR WILL BE CORRECTED, OR THAT THE SERVICES WILL BE SECURE AND FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT PROVIDED THROUGH THE SERVICES WILL BE CURRENT OR ACCURATE, OR THAT A PARTICULAR PRODUCT OR SERVICE YOU SEE ON THE SERVICES WILL BE, OR WILL REMAIN, AVAILABLE TO YOU. YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.
WE DO NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY SUBMISSIONS OR THIRD-PARTY CONTENT ON OR LINKED BY OUR SERVICES.
LIMITATIONS OF LIABILITY
NORTHWELL’S LIABILITY TO YOU IS LIMITED AS SET FORTH BELOW, EXCEPT AND ONLY TO THE EXTENT THAT ANY SUCH LIMITATIONS ARE PROHIBITED BY APPLICABLE LAW.
IN NO EVENT SHALL NORTHWELL, OR ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ADVISORS AND CONSULTANTS BE LIABLE TO YOU (WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR ANY OTHER LEGAL OR EQUITABLE THEORY) FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, DATA OR INFORMATION OF ANY KIND) ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IF APPLICABLE LAW PROHIBITS DISCLAIMER OF DIRECT DAMAGES, NORTHWELL’S AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU TO ACCESS OR USE THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE EVENTS GIVING RISE TO ANY CLAIM, OR, IF NO SUCH PAYMENTS HAVE BEEN MADE BY YOU, FIFTY AND 00/100 ($50.00) U.S. DOLLARS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OR DISPUTE WITH NORTHWELL CONCERNING THE SERVICES IS TO STOP USING THE SERVICES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.