THIS SITE DOES NOT PROVIDE MEDICAL ADVICE
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
Acceptance of Contract Terms
The following are terms of a legal agreement between you and Fidelis Care New York ("Fidelis", "we", "our", or "us"). The Site is controlled and operated by Fidelis or its designated representatives as a service to its Enrollees, participating health care providers and visitors ("you"or "your"). By using this Site, you acknowledge that you have read, understood, and agree to be bound by these terms and comply with all applicable laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.
Limited Rights of Use
The material provided on this Site is protected by law, including, without limitation, United States copyright and trademark law, state laws, and international treaties. The copyright in all material provided on this Site is held by Fidelis, by the publisher, controller of the copyright, or by the original creator of the material. Unless expressly granted permission in this agreement, in the pages of the Site, or by our or the copyright holder's advance written permission, you may not copy, reproduce, distribute, republish, download, display, post, or transmit any of the material in the Site in any form or by any means. You also may not "mirror" any material contained on the Site on any other server without advance written permission. Any unauthorized use of material contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications laws or regulations. Fidelis authorizes you to view or download the materials on the Site for personal, non-commercial use only, so long as you do not modify or sell the materials and so long as you retain all copyright and other proprietary notices contained in the materials.
If you do not abide by this Agreement, the limited permission that we grant you under it immediately terminates and you must immediately destroy any copies (electronic or print) of material from the Site.
DISCLAIMER OF WARRANTY
THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, FIDELIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. FIDELIS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL FIDELIS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF FIDELIS OR A FIDELIS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE INFORMATION AND SERVICES ON THIS SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. YOU ASSUME THE COSTS IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FIDELIS. FIDELIS WOULD NOT PROVIDE THIS SITE AND THE INFORMATION MATERIALS CONTAINED IN IT WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. MOREVER, NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THESE MATERIALS.
Fidelis makes no commitment to update any materials on the Site.
Changes to the Site
You should be aware that when you are on the Site, you could be directed to other sites that are beyond our control. There may also be links to other sites from the Site that take you outside our service. We don't always review those sites and we take no responsibility and assume no liability for: (i) the privacy policies and practices of those sites; (ii) any content in such sites; and (iii) any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein. You shall not upload to, distribute through, or otherwise, publish through the Site any content that is defamatory, libelous, slanderous, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, that would constitute or encourage a criminal offense or violate the rights of anyone, or that would otherwise give rise to liability or violate any law.
You may not link to the Site from any other site without advance written permission, which may be requested by contacting the Chief Information Officer; Fidelis Care New York; 95-25 Queens Boulevard; Rego Park, NY 11374. You may not display any portion of this Site (or any of the content found on this Site via in-line links) in frames without written permission, which may be requested by contacting the Chief Information Officer; Fidelis Care New York; 95-25 Queens Boulevard; Rego Park, NY 11374.
The trademarks, service marks, and logos (the "trademarks") used and displayed on the Site are the trademarks of Fidelis and others by whom Fidelis has been authorized to use and display their marks and logos. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site, without the advance written permission of the trademark owner. Please be aware that Fidelis aggressively enforces its intellectual property rights to the fullest extent of the law. The trademarks, service marks and logos displayed on the Site, including others' and ours, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without advance written permission. Fidelis prohibits use of any Fidelis logo as a hypertext link to any other Web site unless we approve the establishment of such link by advance written permission.
Not a Substitute for Professional Health Care or Advice
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 professional medical advice, diagnosis, or treatment. If you have specific health care needs, or for complete health information, please see a doctor or other health care provider. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.
You agree to indemnify, defend, and hold Fidelis and its officers, directors, owners, agents, information providers, and licensors (collectively, the "Fidelis Parties") harmless from and against any and all claims, liability, losses, costs, and expenses (including, without limitation, reasonable attorneys' fees) incurred by any Fidelis Party in connection with any use or alleged use of the Site by you. Fidelis reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
This Agreement shall be treated as though it were executed and performed in New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict or choice of law principles). Any cause of action by you with respect to the Site or any Site content or Site services must be instituted within six (6) months after the cause of action arose or shall be forever waived and barred. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All actions shall be brought in the appropriate state or federal court located in New York. You expressly submit to the exclusive jurisdiction of such courts and consent to extra-territorial service of process.
Void where Prohibited
Although the Site is accessible worldwide, not all products, services, or benefits discussed in the Site are available to all persons or in all geographic locations or jurisdictions. The descriptions provided on this Site are not intended to constitute offers to sell or solicitations in connection with any product, service or benefit. All products, services, and benefits are not available in all areas and are subject to applicable regulations and eligibility criteria. Covered services or benefits are provided under the terms of the applicable plan contract or regulations, including limitations and exclusions.
We take very seriously the integrity of the information and systems that we maintain. Therefore, we have instituted security measures for all information systems under our control. These security measures are designed to identify attempts to tamper with this Web site. Information collected through these security measures may be used in connection with a criminal prosecution or other legal proceeding.
We cannot guarantee that the security of this Site will not be breached despite our best efforts, however, because very often a determined individual is able to circumvent even the very best security measures.
A Word of Thanks
We appreciate your taking the time to read these Terms and Conditions of Use, as well as your willingness to abide by them. Thank you for accessing the Site; we hope you will do so often. If you have any question concerning use of the Site or would like more information relating to any material posted on the Site, please do not hesitate to contact the Chief Information Officer; Fidelis Care New York; 95-25 Queens Boulevard; Rego Park, NY 11374.