TERMS OF USE

 

You may access and use the Hospitals Insurance Company web site (The "Web Site") and any online services provided to you by HIC in conjunction with the Web Site, including, without limitation, any continuing medical education and policy holder information (the "Services"), provided that you agree to the terms and conditions contained in this agreement (the "Terms of Use").

 

Modifications

 

HIC may at any time, and without notice, modify, update, or otherwise change the Terms of Use, and you agree to be bound by such changes. Accordingly, we encourage you to visit the HIC Web Site from time to time to review the current Terms of Use.

 

No Legal or Medical Advice

 

The information contained on the Web Site, and any products, publications, and mailers otherwise provided to you, are provided as risk management information only. Any such information is supplied to you with the understanding that HIC is not involved in rendering legal or medical advice or in setting or establishing the standard of care. If legal and/or medical advice is sought, the services of a qualified professional should be obtained.

 

Ownership

 

Any and all intellectual property rights associated with the Web Site are the sole property of HIC, and may not be copied, reproduced, modified, uploaded, transmitted, or distributed in any way without HIC’s written permission. Except as provided herein, HIC does not grant to you any express or implied rights to HIC's intellectual property.

 

Trademarks

 

(HIC Logo) is a trademark of HIC. All other trademarks not owned by HIC that appear on the HIC Web Site are the property of the respective owners, who may or may not be affiliated, connected to, or sponsored by HIC.

 

Termination

 

You agree that HIC, in its sole discretion, may terminate your use of the Services and access to all or a portion of the Web Site and/or Services if HIC believes that you have violated the Terms of Use. You agree that any termination of your access to the Web Site or Services may be effected without prior notice, and you acknowledge and agree that HIC may immediately deactivate or delete your account and all related information, content, or other files in your account and/or prevent any further access to such files or the Services. Furthermore, you agree that HIC shall not be liable to you or any third-party as a result of HIC's termination of your access to the Web Site or Services.

 

Acceptable Use

 

In consideration for your use of the Web Site and/or Services, you agree to provide true, current, accurate, and complete information about yourself as requested during any registration processes, and to update such information as may be necessary to keep it true, current, accurate, and complete. You agree that you will use the Services and Web Site in a manner that complies with all applicable laws, and you acknowledge that you are solely responsible for any content that you upload, download, transmit or otherwise process using the Services or the Web Site.

 

No Liability

 

HIC assumes no responsibility for content downloaded, uploaded, stored, or otherwise processed by the Web Site or Services. Accordingly, if you choose to use the Services, you do so at your own risk. For example, you acknowledge that you are aware of the limitations of security, authentication, encryption, and privacy measures used in connection with the Internet, including the Services.

 

In no event shall HIC be liable for any damages, including, without limitation, direct, special, consequential, indirect, exemplary or punitive damages (including, without limitation, loss of profits, business interruption, corruption of content, and loss or inaccuracy of information), arising out of the use or inability to use the Web Site or Services, whether or not such damages were foreseeable and even if HIC was advised that such damages were likely or possible.

 

No Warranty

 

The Services covered under this terms of use are provided "as is" and "as available" without warranty of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. HIC and its affiliates do not warrant that your use of the Services will be uninterrupted, error-free or virus-free.

 

Indemnity

 

You agree to indemnify and hold HIC and its vendors, Services providers, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Web Site or Services.

 

Modifications to Service

 

HIC reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. HIC may also change your priority of access to the Services with respect to other users. HIC may modify or update the Services at any time without notice.

 

Miscellaneous

 

This Terms of Use shall constitute the complete and exclusive agreement between you and HIC. If any provision of the Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision or of the remaining provisions of the Terms of Use. The Terms of Use shall be subject to and construed in accordance with the laws of the State of New York, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts residing in Westchester County, New York.