Terms & Conditions

Acceptance of the Terms of Use

This website is the property of Managed Health Care Associates, Inc. and/or its affiliates ("MHA" or “We”). Your access to and use of this website, including any content, functionality, and services offered on or through this website (the “Website”) is governed by the following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”). By use of this Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use this Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Membership

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. Certain features of this Website are available only to members of MHA and/or its affiliates and becoming a member requires registration. You agree that the registration information you provide is accurate, complete and current, and you further agree to promptly update that information to keep it accurate, complete and current. You agree that all information you provide to register with this Website or otherwise, including without limitation, in connection with features available through the Website, is governed by our Privacy Policy. When you are or have registered, you will receive or be instructed to choose, a user id and password. You are responsible for maintaining the confidentiality of your user id and password, and are responsible for all activities that occur using your user id and password, whether or not expressly authorized by you. We will not be responsible for any damages resulting from the unauthorized use of your user id or password. You agree to notify us immediately of any unauthorized use of your user id or password or any other breach of security. You agree that we may suspend or terminate your access to this Website if you provide any information that is inaccurate, incomplete or not current, or we believe that such information is inaccurate, incomplete or not current, or you violate any of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by MHA, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials on hard drives incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download a reasonable number of copies of reports and other information made expressly available to you for download and printing through the Website, for your own personal, non-commercial use and not for further reproduction, publication, or distribution with disclaimers.

You must not:

• Create a link to this Website without our prior written consent.
• Modify copies of any materials from this Website.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website or distribute it to third parties without the prior written consent of MHA. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by MHA. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

MHA and Navigator, and all related names, logos, product and services names, designs, and slogans are trademarks of MHA or its affiliates and may not be used without the prior written permission of MHA. All other names, logos, products and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website as permitted by these Terms of Use only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website in any way that violates any applicable federal, state, local, or international law or regulation. Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF THIS WEBSITE WILL BE AT YOUR SOLE RISK. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, IN CONNECTION WITH THIS WEBSITE AND YOUR USE THEREOF, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND OR REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS, SECURITY, CURRENCY, QUALITY OR RELIABILITY OF ANY MATERIAL PROVIDED BY OR THROUGH THIS WEBSITE, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR (A) ANY ERRORS, OR OMISSIONS IN CONTENT OR MATERIALS, (B) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREON, (D) ANY DENIAL OF SERVICE ATTACKS, BUGS, VIRUSES, WORMS, TROJAN HORSES, SPYWARE OR OTHER MALWARE OR MALICIOUS COMPUTER CODE TRANSMITTED THROUGH THE WEBSITE THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT, OR (E) ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS WEBSITE OR ANY SITE LINKED TO THIS WEB SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING THAT APPEARS ON THIS WEBSITE. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE TO OR LOSS OF PROPERTY, OR PERSONAL INJURY OR DEATH THAT MAY RESULT FROM YOUR ACCESS TO AND USE OF THIS WEBSITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL MHA, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF PROFITS, LOSS OF GOODWILL OR OTHER INTANGIBLE LOSSES, LOSS OF DATA, LOSS OF REVENUE, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, OR LOSS OF USE, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR USE OR INABILITY TO USE THIS WEBSITE; ANY WEBSITE LINKED TO IT; OR ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES; (B) STATEMENTS OR CONDUCT, WHETHER ON-LINE OR OFF-LINE, OF ANY VISITOR TO OR MEMBER OF THIS WEBSITE, OR (C) ANY OTHER CONDUCT, ACT OR OMISSION OCCURRING AT THIS WEBSITE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless MHA, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your violation of these Terms of Use; (ii) your use of the Website, including, but not limited to, use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use; or (iii) your use of any information obtained from the Website.

Links to Third-Party Resource

Third-party resources that can be accessed with hypertext links from this Website are not under the control of MHA, and MHA is not responsible for the contents of any of these third-party resources. The third-party hypertext links presented on this Website are provided for your convenience only. The inclusion of any link on this site does not imply any recommendation, approval, or endorsement of that site by MHA. If you decide to access any third party websites, you do so entirely at your own risk, and you may be subject to the terms and conditions and privacy policies of such websites.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. This Website may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the MHA, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of MHA. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Geographic Restrictions

The owner of the Website is based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States located in New Jersey or the courts of the State of New Jersey located in the County of Morris. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Further Information and Corporate Address

If you have any questions about these Terms of Use, including the Privacy Policy, or any other aspect of MHA, please contact:

Managed Health Care Associates, Inc.

25A Vreeland Road, Suite 200

Florham Park, NJ 07932

Attn: Data Security Officer

E-mail: privacy@mhainc.com