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My Home Care App End User Terms and Conditions

DO NOT USE THIS APPLICATION IN CASE OF EMERGENCY.  IF YOU ARE IN CRISIS, USE A TELEPHONE TO CALL 911 IMMEDIATELY.  This application is not designed for emergencies.  VNS Health will have no responsibility to you or anyone for injury or death if you attempt to use the Application in a crisis or emergency.

Welcome to the My Home Care App, also called MYHCAPP (the “Application”), provided for your convenience by Visiting Nurse Service of New York (“VNSNY”, “VNS Health”, “we”, “us”, “our”).  The Application is designed to run on personal computers, standard laptops, or web-enabled mobile devices through a mobile app installed on your device through the Google Play Store, Apple’s App Store, or other platform on which we may release it.

These End User Terms & Conditions (these “Terms”) form a binding legal agreement between VNS Health and you, the end user of the Application.  PLEASE READ THESE TERMS CAREFULLY.  BY USING THE APPLICATION, YOU CONFIRM THAT YOU UNDERSTAND AND AGREE WITH THE LEGAL OBLIGATIONS, RIGHTS, AND CONDITIONS DESCRIBED IN THESE TERMS.  IF YOU DO NOT AGREE, THEN YOU ARE NOT AUTHORIZED TO USE THE APPLICATION.  IN THAT CASE, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION, AND YOU MUST REMOVE THE APPLICATION FROM YOUR DEVICE(S).

1. LICENSE; AUTHORIZED USERS

License Grant

Subject to your compliance with these Terms, your registration of an account with us, and maintaining your status as an Authorized End User (defined below), VNS Health grants you a personal, nonexclusive, non-transferable, revocable right to access and use to Application and the ordinary functionality that VNS Health provides through the Application within [New York State] [within the United States].  You shall not hold VNS Health responsible in any way for your use of the Application outside of [New York State] [the United States].  You may download, install and run the Application on a web-enabled mobile device, and you may access the Application’s functionality using a web browser by visiting the Application’s web address.  You agree to install all Application software updates that VNS Health may issue to your mobile device from time to time.  You may not use the Application for any other purpose, and you may not download or run it on any device for which it is not designed or published by VNS Health.  You will have one single account regardless of how you access the Application; however, the Application’s appearance or functionality may vary from platform to platform.  VNS Health shall have no responsibility for functionality variances between platforms.  VNS Health may change the functionality of the Application in any way and at any time, including adding and removing features, changing the look and feel, changing the underlying platform, or making any other modifications (including ceasing to provide the Application altogether).  You acknowledge that all features of the Application may not work well or at all on any particular device or computer.

Who May Use the Application

You may only use the Application if you are at least eighteen years of age and you are any one of the following: (1) a patient at least 18 years of age receiving home care services from VNS Health caregivers (“Patient”), (2) a VNS Health-affiliated clinician (“Clinician”), (3) an authorized legal guardian or representative of a Patient (“Representative”), (4) a person who is currently authorized to use the Application on behalf of a Patient, or (5) a non-VNS Health clinician actively treating a Patient.  Each of the foregoing is an “Authorized End User” of the Application.  Depending on your role with respect to a Patient, not all functionality or information may be available to you.

When your status as an Authorized End User ends, then you may no longer use the Application and you must delete the Application from your device(s).  If you are not an Authorized End User, then you may not use the Application.  Your unauthorized access and use may constitute a violation of state and federal laws that prohibit accessing private computer networks (including the Application) without authorization.  If you violate these laws, you may be subject to civil penalties as well as criminal prosecution, fines and jail under the federal Computer Fraud and Abuse Act (18 U.S.C. § 1030) and other applicable laws.

You agree not to register or provide us the personal information of any child or minor under the age of 18.  If you provide us with this information, we may immediately suspend or terminate your access to the Application and delete all such information that you provide.

Account Registration

To use the Application, you must register an account with VNS Health or our third party service providers.  By submitting your information and creating an account with us, you agree that VNS Health and our service providers may use any or all of the information you submitted to provide our services to you, to the Patient, for emergency purposes, for all treatment and healthcare operations purposes, for public health purposes, and for any other purposes permitted or required by law.

VNS Health may seek to verify your identity before providing you access to the Application, either directly or through our service providers.  You acknowledge that while VNS Health attempts to use reasonable measures to verify your identity, identity fraud and other unauthorized uses always remain possible.  Please contact VNS Health immediately if you suspect that your identity is being used improperly.

Registration is reserved to individuals who are at least 18 years of age.  You are solely responsible for safeguarding your registration details, user name, password and other information (“Account Information”).   In addition, you:

VNS HEALTH SHALL NOT BE LIABLE TO YOU OR ANYONE FOR HARM; LOSS; THEFT (INCLUDING IDENTITY THEFT); REPUTATIONAL DAMAGE OR EMBARRASSMENT; UNAUTHORIZED USE, MODIFICATION OR DELETION OF YOUR INFORMATION OR DATA; DISCLOSURE OF YOUR HEALTH, MEDICAL OR OTHER INFORMATION; OR ANY OTHER ADVERSE CONSEQUENCES YOU MAY SUFFER AS A RESULT OF YOUR FAILURE TO PROPERLY SELECT AND SECURE YOUR LOGIN INFORMATION INCLUDING PASSWORD.

Restrictions

You may not do any of the following:  (1) distribute or make the Application available in a service bureau environment where it could be used by multiple devices at the same time; (2) rent, lease, lend, sell, redistribute, sublicense, act as a service bureau, or grant rights in the Application; (3) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof; (4) intercept, examine or otherwise observe any proprietary communications protocol used by the Application, whether through the use of a network analyzer, packet sniffer or other device; (5) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse routing, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Application or any website, application or service organized or provided by VNS Health or existing on any of our network hardware or infrastructure; (6) use the Application to institute, assist, or become involved in any type of attack, including denial of service attacks, upon any party; (7) commit trespass or act in a manner that intentionally burdens network capacity; (8) use the Application in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party; (9) engage in “scraping” or otherwise copying to another location all or part of proprietary information and data provided through the Application, other than your own medical information; (10) intercept or bypass any secure communications protocol; (11) provide us sensor data (such as microphone, camera, biosensor or other data) that you are not authorized to provide; or (12) use the Application in connection with any hazardous or safety-critical applications, including crisis systems, medical or life support systems, or any emergency response services such as police, fire, emergency medical or other systems.  Any attempt to do any of the foregoing is a breach of these Terms and may subject you to legal liability, including contract breach, intellectual property infringement, bodily injury claims, or wrongful death suits.

Minors

The Application does not direct any content to minors or children.  VNS Health does not intend to collect personal information from children, and therefore we are not subject to the Children’s Online Privacy Protection Act. You are solely responsible for any use of the Application by a minor, including the minor’s online conduct, monitoring the minor’s access and use of the Application, and all consequences of such use.

2. FUNCTIONALITY

No Medical Advice; Not a Medical App

The Application does not provide any medical advice or any medical services to you or anyone.  Any Patient treatment is wholly separate from the Application.  If you require health services, then please contact your VNS Health provider directly for professional evaluation and care.  The Application is not a medical app, medical service, or medical device.  You acknowledge and agree that the Application is NOT intended to diagnose disease or other conditions; cure, mitigate, treat, or prevent any disease; or affect the structure or any function of the human body.  ALL INFORMATION AVAILABLE FROM THE APPLICATION ON MEDICAL OR HEALTH TOPICS IS PROVIDED “AS IS”, WITH ALL FAULTS AND DEFECTS, AND FOR INFORMATIONAL PURPOSES ONLY.  You agree to seek and obtain any and all diagnosis and treatment information of any medical condition from a physician involved in your care.

While we hope that the information provided to you through the Application is accurate, we cannot guarantee that there will be no typographical errors, delays, deletions, alterations, or inaccuracies in the information.  Our only official record of Patient health information is in the VNS Health internal medical record system.  If you believe any information associated with your account is inaccurate, please contact us so that we may correct the information.

Not a Patient Portal

The Application is not a patient portal.  It is not intended or designed to provide access to any Patient’s medical record.  Its sole utility is limited to the features that are expressly provided.  You agree that VNS Health shall have no responsibility to make all or any portion of a Patient medical record available through the Application, and you stipulate that it may be infeasible for VNS Health to comply with any such request.  You acknowledge that information provided through the Application may be materially incomplete and inadequate for your purposes.  You agree to contact VNS Health directly for any medical record access requests, including without limitation for any official purposes or for treatment of any Patient.

Provider Messaging

The Application may permit you to electronically communicate with VNS Health personnel or clinicians.  Such communications are not crisis communications and by their nature will be delayed by several hours or days.  IF YOU ARE IN CRISIS OR FACING AN EMERGENCY, PLEASE DIAL 911 ON YOUR TELEPHONE.   VNS Health disclaims all responsibility for information or advice you receive outside of a normal patient-provider visit, because an in-person visit may be required for the provider to obtain all information relevant to your medical question or treatment.

Device Permissions

Depending on your device and the Application features you use, the Application may request permissions to access data and interactions made available by your device.  When you grant access, then you consent to our collection and use of the device data.  This includes permission to access the following:  geolocation data; contact list; phone dialer; SMS messaging; calendar; media gallery; camera; microphone; biosensors; file storage; and notifications.  If you do not grant permissions, then the features that require access may work only partially or not at all. VNS Health disclaims all responsibility for features that do not work as expected when permissions are denied.  Not all features may be available for all devices or access methods.

Location Information; Maps. 

DO NOT USE THE APPLICATION WHILE DRIVING.  Location data and any driving directions provided or used by the Application are provided solely to enhance the usefulness and effectiveness of the Application and for basic navigational purpose only.  Such data and directions are NOT intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage.  Neither VNS Health nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Application. If you use any driving directions provided through the Application, you are solely responsible for your own compliance with all applicable rules and regulations, including rules that prohibit the use of mobile devices while driving.  VNS Health shall have no liability or responsibility to you arising out of the driving instructions, and you hereby irrevocably release and hold VNS Health harmless from any and all liability, claims and damages arising out of your operation of any motor vehicle on roads or other motorways while using the Application.

Bill Payment Functionality

In our sole discretion and solely for your convenience, VNS Health may offer the ability to view and pay for VNS Health billed services using the Application.  If so, you agree that ensuring and confirming timely payment of all charges remains your sole responsibility, regardless of whether the Application lists or notifies you of any such charges.  You agree to contact VNS Health directly by phone or in person for any official accounting of amounts payable or confirm receipt of payment.  VNS Health shall have no responsibility for failure of the Application to notify or transmit payments on time, including without limitation by reason of inaccuracy, error, delays, omission, coding errors, internet outages, network delays, interceptions of information, or changes in any third party environment.  TO THE EXTENT THAT INABILITY TO PAY YOUR BILLS ON TIME USING THE APPLICATIONS CAUSES YOU TO INCUR ANY FEES OR PENALTIES, OR EXPOSES YOU TO LIABILITY OR OTHER CLAIMS, YOU AGREE TO RELEASE VNS HEALTH AND HOLD VNS HEALTH HARMLESS FROM ANY AND ALL RESPONSIBILITY FOR SUCH INABILITY TO PAY.

Billable Medical Services

VNS reserves the right to add features or functionality that may require payment of fees.  If you use Application functionality that is a billable medical service, then VNS Health may bill your insurer and/or you for the cost including deductible of such service in accordance with applicable laws and rules.  Additional terms and conditions may apply.

Consent To Receive SMS Text Messages 

You hereby agree that if you provide your mobile phone number, then you agree that this constitutes your consent to receive SMS text messages relating to our relationship with you or a Patient, including messages about the services we provide.  If you provide us the phone number or other contact information of any individual other than yourself, then you declare that you have permission to provide us that information, and you will indemnify and defend VNS Health from all claims, liabilities, losses and expenses (including attorney’s fees) that we suffer or incur as a result.  You acknowledge that your wireless or mobile carrier may assess extra charges and fees for use of SMS texting.

3. YOUR INFORMATION

Personal Information

The Application is designed to permit you to retrieve, view and interact with certain health-related information drawn from a Patient record maintained by VNS Health.  VNS Health complies with HIPAA, and all patient information is subject to our HIPAA Notice of Privacy Practices.  When you use the Application, the data you or your device provides or creates (“Data”) may be stored and used as part of a Patient medical record.  If you are not the subject of the Data, you represent that you have sufficient rights to provide such data to VNS Health and you expressly authorize VNS Health to add the Data to a Patient medical record; make it available to VNS Health employees, staff and contractors; use it for any purposes related to our services or Patient care; to administer or improve the Application; to protect or enforce our rights; and share the Data with third parties as permitted or required by law.  You acknowledge that the Application requires transmitting information over the internet and that VNS Health cannot guarantee the privacy or security of any internet data transmissions.  You therefore consent to all such internet transmissions and acknowledge that transmitted information may be intercepted or read by third parties, and that VNS Health shall have no responsibility for any such interception.

Technical Device Information

You acknowledge and agree that VNS Health may collect, monitor, record and audit technical and usage data and statistics relating to your use of the Application and your web sessions.  We may also collect anonymized or aggregate data about your visits to us, which may include your IP address or certain information about the device you use to access the Application.  We use this to improve performance of the Application, optimizing our information systems, and for any other legitimate purposes.

4. THIRD PARTIES

Information Transfer to Third Parties

The Application may include functionality that permits sharing health information with third parties that you choose.  This may be a feature of the Application, such as emailing information, connecting some third party app or service, exporting information from the Application, or authorizing a third party to receive the information.  It may also occur when you share screenshots or show your phone to someone else while logged into the Application.  YOU ARE SOLELY RESPONSIBLE FOR SHARING THE INFORMATION ONLY WITH THIRD PARTIES THAT YOU TRUST AND WHOSE PRIVACY POLICY AND OTHER TERMS YOU HAVE READ AND UNDERSTOOD.  SHARING INFORMATION WITH THIRD PARTIES IS AT YOUR OWN RISK.  UNLESS RESTRICTED BY THEIR PRIVACY POLICY OR TERMS, THIRD PARTIES MAY USE AND COMMERCIALIZE DATA THAT YOU PROVIDE THEM.  VNS HEALTH SHALL HAVE NO RESPONSIBILITY UNDER HIPAA OR ANY OTHER LAWS OR RULES FOR INFORMATION THAT YOU SHARE WITH THIRD PARTIES.

Mobile Computing Platform

These Terms apply to your use of the Application, regardless of how you access it.  If you are downloading the Application from an app store and using it on device that runs a mobile computing platform such as Android (provided by Google) or iOS (provided by Apple), then you acknowledge that the third party may require you to register an account with them before you can download the Application. You agree that this account is entirely separate from your account with VNS Health.  For example, you may need a Google or Apple account in order to download and install the Application onto your Android or iOS device.  The third party may require you to submit or make available your personal and/or device information, or to permit the third party to access such information from your device or account, as a condition of using the Application.  If Google, Apple or other party provides with information collection from your device, then we may use this information for any of our legitimate business purposes.  You acknowledge and agree that VNS Health has no control or responsibility over your relationship with your mobile platform provider and will not be responsible for any third party terms or actions.  You further agree not to hold VNS Health responsible in any way for the acts of your mobile platform provider, including their use of any of your personal or medical information, or if they suspend, disable or terminate your ability to use the Application.  You agree to comply with all terms and conditions of your mobile platform provider whenever you download or use the mobile version of the Application.  If applicable under the terms of a mobile computing platform, these terms are a “custom end user license agreement” governing your use of the Application.

Third Party Content, Services and Materials.

The Application may (1) enable access to services, web sites or platforms (including social media platforms) organized or provided by third parties, or (2) display, include or make available content, data, information, applications or materials from third parties or provide links to certain third party web sites (“Third Party Materials”).  Third Party Materials and links to other web sites are provided solely as a convenience to you.  By using the Application, you acknowledge and agree that VNS Health is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, language availability, appropriateness, availability or any other aspect of such Third Party Materials.  VNS Health shall not be responsible for objectionable, offensive, or indecent content in Third Party Materials.  You are responsible for complying with applicable laws and website and online policies for all sites or platforms when you view or use the Application and any Third Party Materials, and also when you use sharing features of the Application to post or share certain content or links on third party platforms. VNS HEALTH DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES REGARDING THIRD PARTY MATERIALS.  WE DO NOT ENDORSE OR ASSUME ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRD PARTY MATERIALS.

Use of all features of the Application may require an internet access plan, a phone plan, or other third party connectivity service plans, and you are bound by the terms of service of any such third party service plan.   VNS Health does not provide any such service plans and has no responsibility for any such plan.

5. SUSPENSION; TERMINATION

VNS provides the Application solely for your convenience and solely in our discretion.  VNS Health reserves the right to change, suspend, remove, disable or terminate access to the Application at any time without notice, for any or no reason, and with no liability or responsibility to you. VNS Health may also impose limits on the use of or access to the Application, in any case and without notice or liability.  These Terms and your license to use the Application are effective until terminated by you or VNS Health. You may terminate your agreement with these Terms and your obligations hereunder by ceasing all use of the Application and deleting the Application from each of your devices.  If you fail to comply at all times with these Terms, VNS Health may terminate your license without any notice from VNS Health, and your continued use after termination exposes you to legal liability to VNS Health, which VNS Health may pursue to the fullest extent permitted by law, including the pursuit of money damages or injunctive relief at our discretion.  Upon any termination of the license, you shall cease all use of the Application and destroy all copies, full or partial, of the Application.

6. LIMITED LIABILITY

No Responsibility for the Internet

Use of the Application requires an internet connection.  You are solely responsible for establishing, providing, maintaining and troubleshooting your own secure internet connection.  VNS Health shall have no responsibility for errors, delays, or inability to use the Application caused by internet outages or any events or infrastructure outside of our control.  Further, use of the internet to exchange sensitive information including medical record data always involves inherent risk of interception by third parties.  You assume all such risk, and you agree that VNS Health shall not be responsible for any interception of data that you transmit or share over the internet.  You are solely responsible for the security of your account information when using the internet, including without limitation continuous vigilance to guard against phishing attempts, spoofed internet access points, and any other method used by nefarious actors to gain access to your account or information.

APPLICATION PROVIDED “AS IS”, ALL WARRANTIES DISCLAIMED

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APPLICATION IS COMPLETELY VOLUNTARY AND AT YOUR SOLE RISK.  THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND DEFECTS, AND WITHOUT WARRANTY OF ANY KIND.  VNS HEALTH MAKES NO, AND HEREBY DISCLAIMS ALL, WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, CURRENCY OR COMPLETENESS OF INFORMATION, ACCURACY OF GEOLOCATION DATA OR DRIVING DIRECTIONS, NETWORK CONNECTIVITY , COMPATIBILITY WITH YOUR DEVICE(S), UNINTERRUPTED OR ERROR-FREE PERFORMANCE, TIMELY TRANSMISSION OF INFORMATION OVER THE INTERNET, THAT FUNCTIONALITY OR FEATURES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR ABSENCE OF HARMFUL OR MALICIOUS VIRUSES, WORMS OR OTHER DESTRUCTIVE CODE.  NO ORAL OR WRITTEN STATEMENTS MADE BY VNS HEALTH PERSONNEL CREATE ANY WARRANTY. Some jurisdictions do not allow the exclusion of certain implied warranties or limitations on applicable statutory rights of a consumer, so certain of the above exclusions and limitations may not apply to you.

LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL VNS HEALTH, ITS FACILITIES, AFFILIATES, CAREGIVERS, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, STAFF, VOLUNTEERS, SPONSORS, AGENTS, SUPPLIERS OR CONTRACTORS (“VNS HEALTH PARTIES”) BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR SIMILAR DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ECONOMIC LOSSES, LOSS OR CORRUPTION OF DATA, LOSS OF USE OF YOUR DEVICE, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, PERSONAL INJURY, WRONGFUL DEATH OR OTHERWISE) AND EVEN IF VNS HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PORTAL IS TO STOP USING THE WEBSITE AND/OR THOSE SERVICES.  YOUR DAMAGES HEREUNDER SHALL BE ZERO DOLLARS ($0), EXCEPT IN JURISDICTIONS WHERE ALL LIABILITY CANNOT BE DISCLAIMED, IN WHICH CASE YOUR DAMAGES SHALL BE CAPPED AT FIFTY DOLLARS ($50).  The foregoing limitation and exclusion of liability shall be as broad and inclusive as is permitted by local law, if applicable. All other terms shall remain in full force and effect.

7. INTELLECTUAL PROPERTY

Ownership; Confidentiality  

The Application is licensed and not sold.  VNS Health and our licensors reserve all rights not expressly granted to you by these Terms.  The information, text, content, images, videos, data, look and feel, color scheme, logos, and all other material contained on this website are subject to copyright, patent, trademark and other intangible rights protection.  You may not use such material except as part of the Application in accordance with these Terms.  No portion of the Application may be reproduced in any form or by any means, except that you may use sharing features available from within the Application (but only to the extent facilitated by such sharing feature). We do not grant you any other rights to such material.

User Provided Content; Feedback

The Application may provide you with an opportunity to submit text or ideas, including question submissions, cover letters, resumes, feedback about the Application, customer service interactions, and any other text, images, ideas or other content and material that you provide (“User Feedback”).  You hereby grant us a nonexclusive, worldwide, perpetual, irrevocable, unlimited, fully paid up, royalty-free, transferable, assignable and sublicensable right and license to use and exploit the User Feedback in any manner, in any medium now or hereafter discovered, and for any and all commercial or non-commercial purposes, including modifying and preparing derivative works thereof which VNS Health shall exclusively own.  VNS Health may use the User Feedback without any duty to provide notice to, obtain the consent of, account to or otherwise be subject to any obligation or duty to you.  You irrevocably and forever release and discharge VNS Health and its employees and agents from any and all claims relating to our use of the User Feedback, including any and all attribution or other rights known as “moral rights”.

8. MISCELLANEOUS

Governing Law

These Terms and all disputes arising hereunder shall be governed by the laws of New York State without regard to conflict of law rules.  Prior to initiating any formal legal action against VNS Health, you must use all reasonable efforts to resolve your dispute with us in good faith.  If such efforts fail, you agree to exclusively submit all disputes for adjudication by state or federal courts seated in or having jurisdiction over New York County in New York State, and you agree to waive all defenses of inconvenient venue or lack of personal jurisdiction in such courts.  YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL AND, UNLESS PROHIBITED BY LAW, YOU WAIVE YOUR RIGHT TO JOIN OR CONSOLIDATE YOUR CLAIMS AGAINST VNS HEALTH WITH THIRD PARTY CLAIMS IN A CLASS ACTION SUIT.

Updates and Amendments to These Terms

VNS may update these Terms in our discretion and from time to time.  It is your responsibility to review these Terms fully and to continue using the Application only if you agree to these Terms.  Without acknowledging any obligation to do so, VNS Health may choose to notify you of changes to these Terms by notification, email, or any other method.  Regardless of such notification, your continued use of the Application constitutes your consent to all updates and amendments made to these Terms, and you must consent to all updates in order to continue using the Application.

Export Controls.

You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list.  You also agree that you will not use the Application for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

U.S. Government Rights

The Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202‑1 through 227.7202‑4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to any U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to these Terms.

Contact; DMCA

If you have questions or requests regarding these Terms, you may direct them to us by writing to [EMAIL] or calling our corporate office at [PHONE].  Requests or notifications such as copyright takedown requests under the DMCA (Digital Millennium Copyright Act) or domain-related complaints under UDRP (Uniform Dispute Resolution Policy) must also be notified to us in the same manner.  These Terms may not be used without our prior written consent.

TERMS LAST UPDATED: January 19, 2022.