Terms and Conditions
This site ("Site") is offered to you by VyStream conditioned on your acceptance, without modification, of the terms, conditions, policies and notices contained on this page (these "Terms"). Please read these Terms carefully before using this Site. By accessing and using this Site in any way, including without limitation, browsing this Site, using any information, and/or downloading any materials, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not comply with these Terms, VyStream has the right to block, suspend or eliminate your access to this Site. VyStream may also take any legal action if, in its sole discretion, VyStream deems appropriate. If your violation of this Agreement causes harm to others, you agree to hold VyStream harmless against any liability for that harm.
1. Use of Web site
Although VyStream makes every effort to ensure accurate, up-to-date information on this Site; some information that is listed on this Site may not be current. Please contact VyStream for more information regarding contracted services.
2. Copyright and Trademark Notices
All contents of this Site are: Copyright© VyStream. All Rights Reserved. Reproduction in whole or in part without permission is prohibited. This Site contains copyrighted material, trademarks and other proprietary information including without limitation, text, software, photographs, graphics, and/or sound, and the entire contents of this Site are copyrighted as a collective work under the United States copyright laws. VyStream owns a copyright in the selection, coordination, arrangement, enhancement and "look and feel" of this Site. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content contained on this Site ("Content") without the express written permission of VyStream. You acknowledge that VyStream and/or third-part content providers remain the owners of all materials, service marks and trademarks posted on this Site, and that you do not acquire any of those ownership or license rights therein.
3. Accuracy of Information
Due to constant advances in technology and medicine, frequent updates (guidance) for the respective networks regulatory agencies such as State Department of Insurance (DOI) and Centers for Medicare and Medicaid Services (CMS), and the wide variety of authors contributing to this Site, readers are encouraged to confirm the information contained herein with other sources. Corrections and additions will be made only as allowed by the availability of time and resources. The accuracy and timeliness of the information on this Site cannot be guaranteed. Neither VyStream, nor any author or supplier contributing to this Site is responsible for any errors or omission in any information provided or the results obtained from the use of such information.
Your use and browsing of this Site is at your risk. VyStream makes no guarantee of availability of this Site or any services offered through this Site. Without limiting the generality of the foregoing, everything on the Site is provided to you "AS IS, WHERE IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION DATA, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. VYSTREAM DOES NOT WARRANT THAT THIS SITE OR THE CONTENT CONTAINED HERIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, NOR IS ANY RESPONSIBILITY ASSUMED FOR INCORRECT OR INACCURATE CAPTURE OF INFORAMTION, INCLUDING BUT NOT LIMITED TO MALFUNCTIONS, HUMAN ERROR, LOST/DELAYED/GARBLED DATA OR TRANSMISSIONS, OMISSION, INTERRUPTION, DELECTION, DEFECT, FAILURES OF ANY COMMUNICATIONS, EQUIPMENT, SOFTWARE OR ANY COMBINATION THEREOF, VYSTREAM MAKES NO WARRANTY TAHT THIS SITE WILL MEET ANY USER'S REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THIS SITE SHALL CREATE ANY WARRANTY NO EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY CONTENT OR FUNCTION THEREON, YOUR SOLE REMEDY IS TO DISCONTINUE USING THIS SITE.
5. Limitation of Liability
IN NO EVEN SHALL VYSTREAM, OR ANY OF THIER RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SPONSORS, AUTHORS OR CONTENT OR SERVICE PROVIDERS BE IABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY CONTENT, MATERIALS OR FUNCTIONS RELATED THERETO, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF VYSTREAM OR SUCH INDIVDIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion or limitation of certain warranties, so some of the above exclusions may not apply to you.
You agree that any claim or cause of action arising out of your use of this Site must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
6. Typographical Errors
Considerable effort is made to ensure the accuracy of all content on the Site. However, neither VyStream nor its founding partners make any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any Content or any other materials accessible through this Site.
7. Site Communications
Please do not send personal medical questions or personal health information (PHI) to VyStream through this Site. With respect to other communications to VyStream, VyStream does not guarantee that it will respond to all inquiries. Except as described herein, any communication that you post on or send through the Site is considered to be non-confidential. You agree that you will not upload or transmit any communications that infringe or violate any patent, trademark, trade secret, copyright or other proprietary rights of any party or that are defamatory, or that violate any party's privacy or publicity rights. By submitting communications to any part of this Site, you represent and warrant that your communication will not violate any local, state or federal statutes, laws or regulations in any manner.
8. Other Sites
This Site contains links to other Web sites, resources or third parties (collectively referred to as "Linked Sites"). VyStream does not, however, control these independent Web sites and does not provide any assurance, warranty or guarantee of any kind with respect to such Linked Sites. You acknowledge and agree that VyStream has no responsibility for the accuracy or availability of information provided by Linked Sites. Links to Linked Sites are provided as a convenience to you, and VyStream is not responsible for the availability of such external sites and linking to Linked Sites does not constitute an endorsement by or association with VyStream of such sites, or the products, services or other materials presented on such Linked Sites. VyStream does not author, edit, or monitor these Linked Sites, their materials or their privacy practices. Therefore, VyStream shall not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with use of any Linked Sites.
By accessing the Site, you agree to defend, indemnify and hold VyStream, its affiliates, and their respective directors, officers, employees, agents, affiliates and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to have resulted from, your use of the Site in a manner that violates or is alleged to violate these Terms.
10. Jurisdictions and Venue
VyStream controls and operates this Site from the United States of America. VyStream does not represent that materials on this Site are appropriate or available for use on other locations. Persons or entities who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. You agree that any legal action brought against VyStream and its affiliates shall be governed by the laws of the State of Arizona without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of this Site or orders made through this Site shall be an appropriate federal or state court.
11. Modifications to this Site
VyStream has the right to modify this Site and any Content on this Site as described in these Terms and to change, suspend, or discontinue any aspect of this Site at any time, including the availability of any Site feature, database or content. VyStream may also impose limits on certain features and services or restrict your access to parts of this entire Site without notice or liability.
12. No Waiver
The failure of VyStream to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision contained in these Terms is found by a court of competent jurisdiction to be unlawful, invalid, or for any reason unenforceable, the parties nevertheless agree that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intention of VyStream and that provision of these Terms shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
13. Entire Agreement
This Agreement constitutes the entire understanding between VyStream and you with respect to this Site and the subject matter hereof, and supersedes all previous agreements between the parties with respect to such subject matter, whether written or oral. The parties hereto specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. Neither the course of conduct between the parties hereto nor trade practice shall act to modify these Terms. VyStream may assign its rights and duties under these Terms to any party at any time without notice. The section headings used herein are for convenience only and shall not affect the interpretation of these Terms.
14. Terms Revisions
VyStream reserves the right to modify these Terms. VyStream will post any changes to these Terms on this page. Continued use of this Site after such postings shall be deemed an acceptance to be bound by the notices, terms and conditions of the modified Terms.
If you have any questions about these Terms, the practices of VyStream, or your dealings with this Site, please contact us at email@example.com
When we ask for personally identifiable information, we provide you with the opportunity to opt out of having your information used for certain purposes. For example, if you request a product or service, but do not wish to receive any additional marketing materials from us, you can indicate your preference to us.
Please note: VyStream does not share your information with outside vendors other than our designated mailing house, nor do we sell your information.
If you no longer wish to receive our newsletters and promotional communications, you may opt out of receiving them by following the instructions included in each newsletter or communication, or by e-mailing us at firstname.lastname@example.org
. You can also contact us at VyStream, Attn: Information Services, 19420 N 59th Ave Ste B221, Glendale, AZ 85308-6888 to opt out.
16. Log Files
As is true of most Web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and click-stream data.
We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users' movements on this site, and to gather demographic information about our user base as a whole.
We do not link this automatically collected data to personally identifiable information. We also use third-party tracking software that utilizes cookies to track non-personally-identifiable information about visitors to our Site in the aggregate such as repeat usage and usage of particular portions of our Site. We use this information to enhance the content and usability of our site.