Terms & Condition of Use

WEBSITE TERMS & CONDITION OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

Buffalo Niagara Medical Campus, Inc. (hereinafter “BNMC”) (hereinafter referred to as “us,” “we,” “our,” or “Company”) has created the following Terms & Conditions of Use for when you visit our Website: http://bnmc.org and (hereinafter referred to as the “Website .”)  We incorporate herein and refer to our Privacy Policy  on our Website for information about the types of information we collect, how we use it, how you can control the use and disclosure of it, and how you may access and update information about you provided to us.

 I.             GENERAL CONDITIONS

Please read these Website Terms & Conditions of Use (hereinafter referred to as “Terms & Conditions”) carefully before accessing or using the Website or the features contained within the Website, such as accessing the Website itself, or using other online forms and features contained within the Website (“Services”).  If there are inconsistencies between our Privacy Policy and the Terms & Conditions, the Privacy Policy will control.  By using our Website, you agree to be bound by these Terms & Conditions.

The Terms & Conditions constitute a legally binding agreement between you and the Company.  The Terms & Conditions govern any and all use of the Website, any and all users, visitors, and others who access or use the Website.  If you do not agree to all of the Terms & Conditions, then you must not use the Website.  If you violate the Terms & Conditions, we reserve the right to deny you access to the Website, together with any and all other legal remedies.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms & Conditions.

 II.             NON-EXCLUSIVE, NON-TRANSFERABLE LICENSE
TO USE OUR WEBSITE

We grant you a limited, revocable, non-exclusive, non-transferable license to review and in some instances print content, on the Website for your personal and educational purposes as long as they do not violate any aspect of these Terms & Conditions or applicable law, including our intellectual property or the intellectual property rights of another party.  We reserve the right to terminate or limit your access to the Website and/or the licenses granted herein for any reason and in our sole discretion.

We reserve the right to, at any time, temporarily or permanently, modify or discontinue any features associated with the Services with or without notice and for any reason, including performing maintenance, repairs or upgrades.  We will endeavor to provide notice before any scheduled upgrades.  We (and our licensors) remain the sole owner of all rights, title, and interest in the Website.

III.             COPYRIGHTS AND TRADEMARK

All content on the Website, including but not limited to design, artwork, hyperlinks, text, software, images, technical drawings, blog posts, videos, forms, maps, podcasts, audio, images, configurations, graphics, other files, and their selection and arrangement (“Materials”) are either copyrighted by us or are the proprietary property of us, our subsidiaries, our affiliates, or licensors.  We reserve any and all rights to the Materials.  The Materials may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or part without our prior written permission except you may download and print Materials for uses that are not competitive with or derogatory to us, provided that you keep all copyright or other proprietary notices intact.  Please note that this limited consent may be revoked at any time by us and does not include consent to republish Materials on the Internet, or any Intranet or Extranet site, or to incorporate the Materials in any data base or other compilation.  Any other use of the Materials is strictly prohibited.  You further agree that you will not systematically extract, collect or harvest through electronic means or otherwise, any data or data fields from the Website, including but not limited to customer identities.

All trademarks on the Website are trademarks or registered trademarks of Company, or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of Company, or its owners. All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and carefully before accessing or using the Website or the features contained within the Website, such as accessing the Website itself, using online forms or trade dress of ours or our affiliates and may not be copied, imitated or used in whole or in part without prior written permission of us.

 IV.             CHILDREN’S INFORMATION

You agree that you are not under thirteen (13) years of age.  The Website is intended for users over the age of eighteen (18) and we do not intend to collect information from anyone under the age of thirteen (13).

  V.              PERSONAL INFORMATION, PRIVACY, AND COOKIES

Our Privacy Policy  discusses the types of information we collect from you in visiting or using our Website, either directly or through the use of cookies and other technologies (“Information”), how we use it, how you can control the use and disclosure of it, and how you may access and update Information about you provided to us.

  VI.             LINKS TO OTHER WEBSITES

The Website might include links to other websites.  We are not responsible for examining or evaluating the content or accuracy of any other websites and do not warrant and will not have any liability or responsibility for any other party’s materials or websites or for any other materials, products, or services of other’s websites.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any other party’s websites.  Please review carefully other party’s website’s policies and practices and make sure you understand them before you engage in any transaction.  Claims, complaints, questions, or concerns regarding other parties should be directed to that party.

VII.             PROHIBITED USES

In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the Website or content: (a) for any unlawful or fraudulent purpose, including but not limited to, the use of fraudulent credit card information;   (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based upon gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or data we hold or process (or related website, other websites, or the Internet); (h) to collect or track the information of others; (i) to spam, phish, pharm, pretext, spider, crawl, scrape or facilitate the use of any malware or ransomware; (j) for any damaging, obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Website (or related website, other websites or the Internet); and/or (l) for any attempted or actual breach or violation of any of the Terms & Conditions.  We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.

VIII.       ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION

  1. Errors, Inaccuracies, & Omissions

The Website may contain typographical errors, inaccuracies, or omissions that may relate to Company products, offerings, promotions, packages, programs, events, and materials.  We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders or programs if any information about the Services or on any related website is inaccurate at any time without prior notice.

We do not take on any obligation to update, amend, or clarify information about the Services or Website that is located on any related website, including without limitation, pricing, dates, availability, location, products, services, except as required by law.

No specified update or refresh data applied with respect to the Services on any related website should be taken to indicate that all information related to the Website or the Services or on any related website has been modified or updated.

       2.  Links to the Website

You may not create a link to any page of the Website without our prior written consent.  If you do create a link to a page of this Website, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this Website by linking to it.

       3.  Links from the Website

The Website may include links to other websites.  We are not responsible for examining or evaluating the content or accuracy of any other website and do not warrant and will not have any liability or responsibility for any other party’s materials or websites or for any other materials, products or services of other websites.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any other party’s websites.

Please review carefully other party’s website’s policies and practices and make sure you understand them before you engage in any transaction.  Claims, complaints, questions, or concerns regarding other parties should be directed to that party.

 IX.          WARRANTY DISCLAIMER

The information on the Website is provided on an “as is” basis without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or condition of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.  We do not guarantee, represent or warrant that your use of the Website, or Services, will be uninterrupted, timely, secure, or error-free.  We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.  You agree that from time to time we may remove the Website and Services for indefinite periods of time or cancel them at any time without notice to you.

To the fullest extent permitted by law, the Company excludes all representations and warranties relating to the Website and its contents and Services for which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in the Website and/or the Company’s literature.

In no case shall the Company, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, damage caused to your computer, computer software, systems and programs and the data thereon, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise arising from your use of the Website or Services or in any way related to the Website and Services, including but not limited to any errors or omissions in any of the use of the Service or any content or product posted, transmitted, or otherwise made available.  In any event, the aggregate liability of the Company and our third-party service providers under these Terms & Conditions shall not exceed five hundred dollars ($500.00).

This Company does not however exclude liability for death or personal injury caused by its negligence.  The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

 X.          GOVERNING LAW

The Terms & Conditions and any separate agreements whereby we provide you with Services shall be governed and construed in accordance with the laws of New York, without reference to any conflict of laws rules.

The Website is hosted in the United States.  If you access the Website from a location outside of the United States, you are responsible for compliance with all local laws.  You agree that you will not use the Website or Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

XI.           DISPUTES

You and the Company agree that if there is any dispute concerning these Terms & Conditions, or our Privacy Policy, any such dispute shall only be resolved by arbitration  , after first giving notice to the other party thirty (30) days before commencing arbitration, and the parties having a phone call or in person meeting to try to resolve the dispute before arbitration is commenced.  You and the Company both waive the right to a jury trial.  Nothing herein shall prevent a party from seeking injunctive relief, which shall be sought in federal or state court located in Erie County, New York.

You and the Company waive the right to commence, be a party to, join or be an actual or putative class member of any class, collective or representative action of any kind in any forum, including in court and arbitration, arising from or related to the Website, our Privacy Policy, Services and/or these Terms & Conditions.

XII.          SEVERABILITY

To the extent that any provision of these Terms & Conditions is deemed to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

XIII.       INDEMNIFICATION

To the fullest extent permitted by law, and except to the extent arising from our negligence, recklessness, gross negligence, or intentional misconduct, you agree to indemnify, defend, and hold harmless the Company, and our parent, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees made by any third party due to or arising out of your violation or breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or rights of a third party.  We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses.  You shall not settle any actions or claims on our behalf without our prior written consent.

XIV.        CHANGES TO THESE TERMS & CONDITIONS

We reserve the right to change, modify, terminate or amend these Terms & Conditions at any and for any reason and without advance notice to you, to which you agree.  If we modify our Terms & Conditions, such changes will be effective upon posting.  It is your obligation to check our current Terms & Conditions for any changes.

These Terms & Conditions may only be modified in writing.  Any ambiguities in the interpretation will not be construed against the drafter.

There are no third-party beneficiaries to the Terms & Conditions.  We shall have the right to assign our rights or delegate any of its responsibilities under these Terms & Conditions to an affiliate or in connection with a merger, consolidation, or reorganization for the sale of substantially all of our assets.

XV.          QUESTIONS

If you have any questions about these Terms & Conditions, please send us an email at privacy@bnmc.org; write us at  Buffalo Niagara Medical Campus, Attn: Communications Department, 640 Ellicott Street, Buffalo, NY 14203, or call us toll-free at (883) 772-6205.

 

Last Update: January 2019