Terms of Use

We thank you for visiting the CAREMOUNT HEALTH SOLUTIONS, LLC  (“CAREMOUNT HEALTH SOLUTIONS”) Website, located at www.caremounthealthsolutions.com  (“The Website”) Your access to and use of this Website is subject to your agreement with all these Terms of Use as set forth below which incorporate our Privacy Policy and Intellectual Property Policy. These Terms of Use, together with the incorporated Privacy Policy and Intellectual Property Policy constitute the agreement between you and CAREMOUNT HEALTH SOLUTIONS regarding your use of The Website (“Agreement”).

PLEASE READ THIS AGREEMENT AND THE INCORPORATED DOCUMENTS CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT AS MAY BE MODIFIED FROM TIME TO TIME AS SET FORTH BELOW. PLEASE PRINT A COPY OF THESE TERMS OF USE FOR YOUR REFERENCE.

1. General Terms

CAREMOUNT HEALTH SOLUTIONS owns and operates the Website. The purpose of the website is to provide general information regarding CareMount Health Solutions and the services that CareMount Health Solutions offers to healthcare providers.

CAREMOUNT HEALTH SOLUTIONS reserves the right without prior notice to discontinue any Website features, functions or content available on this Website at any time without incurring any obligations to you or any other party.

2. Website Content

The Website content is provided as a courtesy to you and other Website visitors and is intended to provide general information regarding CareMount Health Solutions’ healthcare management and administration services. s. Although some Website Content may, on occasion, relate to provision of medical services, the Website Content is for educational purposes and may not be relied on for purposes of diagnosis or treatment of any individual or group of individuals. The Website is not an endorsement of any process, product, treatment, therapy, protocol or methodology. THE CONTENT MADE AVAILABLE TO YOU ON THIS WEBSITE IS INTENDED TO PROVIDE YOU WITH GENERAL INFORMATION ONLY.

CAREMOUNT HEALTH SOLUTIONS USES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THE ACCURACY OF THE CONTENT, BUT DOES NOT GUARANTEE THE SEQUENCE, ACCURACY, OR COMPLETENESS OF THE CONTENT AND SHALL NOT BE LIABLE IN ANY WAY TO YOU, OR ANYONE ELSE TO WHOM THE CONTENT MAY BE FURNISHED, FOR ANY DELAYS, INACCURACIES, UNAVAILABILITY, ERRORS OR OMISSIONS IN THE CONTENT. SUCH CONTENT IS RELIED UPON AT YOUR OWN RISK AND SOLE DISCRETION.

3. Ownership

The content on The Website, including without limitation the text, graphics, logos, button icons, images, video and audio clips, digital downloads, data compilations and software, (“Content”) is owned or licensed by CAREMOUNT HEALTH SOLUTIONS or its affiliates or vendors and is protected under applicable United States and international patent, copyright, trademark and other intellectual property laws. The compilation of all  Content as well as the original arrangement, organization, design, formatting, trade dress, look and feel of the Website is also the exclusive property of CAREMOUNT HEALTH SOLUTIONS or its affiliates or vendors and is also protected by United States and international intellectual property laws. The Website may contain various third-party names and marks that are the property of their respective owners.

Any unauthorized use of our marks or of our copyrighted material or trade dress or any other intellectual property is strictly prohibited and may be prosecuted to the fullest extent that the law provides.

4. License to Access

You may view, copy, print and use Content t contained on this Website solely for your own personal or internal use, provided that: (1) it is used for informational and non-commercial purposes only; (2) no text, graphics or other content available from The Website is modified or framed in any way; and (3) no graphics available from The Website are used, copied or distributed separate from accompanying text. The use of any Content for commercial purposes is expressly prohibited. Nothing in this Agreement is intended to, or may be construed as, conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of CAREMOUNT HEALTH SOLUTIONS or any third party, except as expressly provided in this section.

5. Limitations on Use

You may not access, use or copy any portion of The Website through the use of indexing agents, spiders, scrapers, bots, web crawlers or other automated devices or mechanisms. You agree not to remove or modify any trademark legend or copyright notice, author attribution, or other notice placed on or contained within any of the Content.

You may not use, copy, modify, duplicate, distribute, translate, reproduce, republish, disassemble, reverse engineer, decompile, mirror, frame, hyperlink or transmit any of the Content  of The Website or rent or sell use of or access to (such as on a time share or service bureau basis) The Website, or any of its Content.  c. You may not harvest or collect information about others, including e-mail addresses. Any conduct by you that, in CAREMOUNT HEALTH SOLUTIONS’ sole discretion, restricts or inhibits any other person from using or enjoying the Website will not be permitted.

You understand and agree that CAREMOUNT HEALTH SOLUTIONS may terminate or otherwise deny your access to The Website without notice in the event CAREMOUNT HEALTH SOLUTIONS believes, in its sole discretion, that (i) you have violated a provision of this Agreement, (ii) you have used or misused The Website in a manner that CAREMOUNT HEALTH SOLUTIONS has determined is unlawful, unethical or otherwise inappropriate, or (iii) such action is reasonably necessary to protect a third party or CAREMOUNT  HEALTH SOLUTIONS or if such action is otherwise required by law.

You acknowledge and agree (1) that your use of this Website is at your own discretion and risk, (2) that use of any material, information or data downloaded or otherwise obtained through the use of The Website is at your own discretion and risk, and (3) that you are solely responsible for any damage to your computer system for loss of data that results from the download of such material, information or data, and for any other form of damage that may be incurred.

6. Link to CareMount Medical P.C.’s Website

The Website contains one or more links to the website of CareMount Medical P.C. (“CareMount Medical Website”), an affiliate of CareMount Health Solutions. The CareMount Medical Website provides general information regarding health, healthcare, and related topics and facilitates patient services and communications with CareMount Medical P.C.  By clicking on the Website link, you will be redirected to CareMount Medical P.C.’s website and thereafter be subject to the CareMount Medical Website’s Terms of Use, Privacy Policy and other incorporated term as a condition of your access and use of that website.

7. Third Party Sites

Other than the CareMount Medical Website, The Website may also contain links to, or be accessed through links on, websites managed and operated by or on behalf of third party entities. These links are provided as a courtesy to you and for general information purposes only. These third parties are separate and independent entities and are not agents of CAREMOUNT HEALTH SOLUTIONS. CAREMOUNT HEALTH SOLUTIONS does not have control over such third party websites or the content of such websites. As a result, CAREMOUNT HEALTH SOLUTIONS does not have responsibility for the information, misinformation, errors, availability, operation or performance of any such third party website to which The Website may link or from which The Website may be accessed.

 

8. No Endorsements

Other than references to CareMount Medical, P.C., reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by CAREMOUNT HEALTH SOLUTIONS.

9. Warranty Disclaimer

THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS.” CAREMOUNT HEALTH SOLUTIONS MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, CURRENCY, OR ADEQUACY OF, OR THE SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THIS WEBSITE OR ITS CONTENTS. . TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CAREMOUNT HEALTH SOLUTIONS AND ITS AFFILIATES AND VENDORS, SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE AND ITS CONTENTS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE.

USE OF THE INTERNET IS INHERENTLY UNRELIABLE. AS A RESULT, CAREMOUNT HEALTH SOLUTIONS DOES NOT WARRANT THAT THE WEBSITE OR YOUR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CAREMOUNT HEALTH SOLUTIONS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR ITS CONTENTS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

THIS WEBSITE DOES NOT GENERALLY COLLECT OR MAINTAIN PRIVATE HEALTH INFORMATION OR PERSONALLY IDENTIFIABLE INFORMATION ABOUT ITS USERS. TO THE EXTENT THAT IT DOES, CAREMOUNT HEALTH SOLUTIONS TAKES COMMERCIALLY REASONABLE EFFORTS TO PROTECT THE PRIVACY OF SUCH INFORMATION AS SET FORTH IN THE INCORPORATE PRIVACY POLICY. YOU UNDERSTAND THAT USE OF THE INTERNET AND THIS WEBSITE IS AT YOUR OWN RISK. NEITHER CAREMOUNT HEALTH SOLUTIONS, NOR ITS VENDORS, AFFILIATES OR SUPPLIERS ARE RESPONSIBLE FOR ANY VIRUS OR DAMAGE TO YOUR COMPUTER, COMPUTER SOFTWARE, OR ANY LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF THE WEBSITE

The Website may be unavailable from time to time due to mechanical, telecommunication, software, and third-party vendor failures. CAREMOUNT HEALTH SOLUTIONS cannot predict or control when such downtime may occur and cannot control the duration of such downtime. As a result, CAREMOUNT HEALTH SOLUTIONS cannot and does not have any liability for such failures. The Website and its Content are intended to solely for informational purpose regarding services that are offered by CAREMOUNT HEALTH SOLUTIONS. Nothing on the Website is intended to or will constitute a binding offer of services by CAREMOUNT HEALTH SOLUTIONS. A written contract setting forth all material term is required and must be executed between CAREMOUNT HEALTH SOLUTIONS and its client in order to bind the parties to the contract’s terms. No advice or information from CAREMOUNT HEALTH SOLUTIONS in any manner will create any warranty as to The Website or any service offered in connection therewith.  If for any reason you are not satisfied with The Website or its Content, your sole remedy is to cease using The Website or such Content, even if such remedy should fail of its essential purpose.

Applicable law may not allow the exclusion of certain warranties, so the above exclusion may not apply to you.

10. Limitation of Liability

IN NO EVENT WILL CAREMOUNT HEALTH SOLUTIONS OR ANY OF ITS RESPECTIVE VENDORS, AFFILIATES, OFFICERS, MEMBERS, REPRESENTATIVES, SUPPLIERS, DIRECTORS, EMPLOYEES, CONSULTANTS, OWNERS, OR AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS, BUSINESS, REVENUE, EXPECTED SAVINGS OR BUSINESS INTERRUPTION, OR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR OTHERWISE RELATED TO THE WEBSITE OR YOUR USE OF THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CAREMOUNT HEALTH SOLUTIONS  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE OTHERWISE FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF SUCH DAMAGE IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE WEBSITE. NOTWITHSTANDING THE FOREGOING, IN ANY EVENT, THE AGGREGATE LIABILITY OF CAREMOUNT HEALTH SOLUTIONS AND ITS AFFILIATES AND VENDORS FOR ANY REASON SHALL NOT EXCEED $100.00 US, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE.

11. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS CAREMOUNT HEALTH SOLUTIONS, ITS VENDORS, AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, CONSULTANTS, AND AGENTS FROM AND AGAINST ANY CLAIMS, ALLEGATIONS, DAMAGES, LOSSES, LIABILITIES OR EXPENSES (INCLUDING, BUT NOT LIMITED TO ATTORNEYS’ FEES) THAT SUCH PARTY MAY SUFFER OR INCUR AS A RESULT OF (I) YOUR USE OR MISUSE OF THE WEBSITE, (II) YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF CAREMOUNT HEALTH SOLUTIONS, OR ANY OTHER PERSON OR ENTITY, (III) YOUR VIOLATION OF ANY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION ANY PRIVACY OR DATA SECURITY LAW OR REGULATION, OR (IV) YOUR VIOLATION OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, CAREMOUNT HEALTH SOLUTIONS RESERVES THE RIGHT TO PARTICIPATE IN THE DEFENSE OF ANY SUCH CLAIM, SUBJECT TO YOUR INDEMNIFICATION OBLIGATION.

12. Disputes and Interpretation

  1. Governing Law: This Agreement is governed by and shall be interpreted under the laws of the State of New York and the federal laws of the United States, without regard to conflicts of laws principles.
  2. Venue; This Agreement and access to The Website will be deemed to have been performed and occurred in the State of New York and the courts of that State will have exclusive jurisdiction to entertain any action arising under this Agreement. You hereby irrevocably submit to the exclusive jurisdiction and venue of the courts of the State of New York, the County of Westchester and waive any objections as to personal jurisdiction, venue and forum nonconveniens In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs. Any cause of action or claim with respect to The Website must be commenced within one (1) year after the action or claim arises.
  3. You agree that CAREMOUNT HEALTH SOLUTIONS may seek injunctive or equitable relief through a court of competent jurisdiction in the event of any misuse of its intellectual property or any misuse of its Website or systems, without the posting of a bond, proof of damages or other similar requirement.

13. Changes to these terms of use

CAREMOUNT HEALTH SOLUTIONS reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use or the incorporated policies at any time. You should periodically check for changes to the Terms of Use. Your continued use of The Website following the posting of changes to the Terms of Use means you accept those changes. Please e-mail any questions regarding the Terms of Use using the “Contact Information” set forth below.

14. Foreign Law Policy

Although this Website may be accessible worldwide, we make no representation that the Website or its Content are appropriate or available for us in locations outside the United States or in States other than New York. Those who chose to access the Website from outside the United States; you are responsible for compliance with local law in your jurisdiction.

15. General Terms

(a) Entire Agreement: This Agreement, along with our Privacy Policy and Intellectual Property Policy are the sole terms governing your use and access of The Website and supersede all other agreements regarding use of The Website. Our electronically or otherwise properly stored copy of this Agreement will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of this Agreement in connection with any action or proceeding arising out of or relating to this Agreement.

(b) Enforceability: If for any reason a court of competent jurisdiction finds any provision or portion thereof to be unenforceable, the remainder of the terms of the Agreement shall continue in full force and effect.

 (d) Non-waiver: Any waiver of any provision of this Terms of Use will be effective only if in writing and signed by CAREMOUNT HEALTH SOLUTIONS. The failure by CAREMOUNT HEALTH SOLUTIONS to enforce any provision of these Terms of Use or portions thereof does not act as a waiver or estop CAREMOUNT HEALTH SOLUTIONS from enforcement of the remaining terms.

(e) Survival: Certain provisions, by their nature or as explicitly stated, will survive any termination or expiration of this Agreement. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition will be severable and shall not affect the validity and enforceability of any remaining condition.

(f) Headings: The section headings appearing in this Terms of Use are inserted for convenience only and in no way define, limit, construe or describe the scope or extent of any section or, in any way, affect such section.

(g) CONTACT: If You have any questions about this Agreement, please contact us at:

Doris R. Varlese, Esq.
CareMount Health Solutions, LLC

914-242-1587 OR
dvarlese@caremount.com

Version: 01
Eff. Date:  6/4/19