Broadreach Medical Resources, Inc. (BMR)™ (“Website” or “BMR”) is provided to you by Broadreach Medical Resources, Inc., and its subsidiaries and/or affiliates, (collectively, “BMR”) for the purpose of providing you access and use of the BMR resources. To assist you in using this Website, and to ensure a clear understanding of the relationship arising from your use of this Website and the services we offer through this Website, we have created these Terms and Conditions of Use (“Terms”), which govern your use of this Website. The terms “we”, “us”, and “our” refer to BMR, and the terms “you” or “yours” refers to you, as a user of this Website.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING AND USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DISCONTINUE USE OF THIS WEBSITE. BY ACCESSING AND USING THIS WEBSITE, YOU ALSO AGREE TO THE PRIVACY POLICY.
Prior to your initial log into BMR, you must review these Terms and create a personal account. You must be 18 years of age or older to use this Website. You may only provide information that you own or have the right to use when you create, transmit, or display health or any other information while using BMR. You represent and warrant that all information you provide or supply to BMR through BMR. including without limitation, information contained in your personal account is accurate and complete. You are responsible for maintaining the confidentiality of all user identification, password and other confidential information relating to the use of your account and are fully responsible for all activities that occur under your account. You are responsible for taking all reasonable steps to ensure that no unauthorized person access your account. You must promptly notify BMR of any unauthorized use of or access to your BMR account. BMR assumes no responsibility or liability for any information that you transmit or submit to BMR, or for any use or misuse by you or third parties who you authorize.
Subject to these Terms, BMR grants to you a personal, revocable, non-assignable, non-sublicensable, and non-exclusive limited right to (i) use this Website and (ii) view all Content (as defined herein) provided, made available or otherwise accessible via this Website. Except as expressly authorized by BMR, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on this Website, in whole or in part. You may download, save and print a reasonable number of copies of the materials from this Website for your own personal, non-commercial use only, provided you the following copyright notice: “Copyright © 2017, BMR. All rights reserved”, and other copyright and proprietary notices that are contained therein. You agree not to modify this Website in any manner or form, or to use modified versions of this Website. You shall not, in whole or in part, adapt, translate, modify, decompile, reverse engineer, or disassemble this Website, merge this Website into other program material, nor shall you otherwise create or attempt to obtain the source code of this Website.
As a condition to your use of this Website, you agree to follow our Code of Conduct, a set forth below. Under our Code of Conduct, you agree not to:
BMR may, in its sole discretion, terminate or suspend your access to this Website, or any portion thereof, or discontinue providing this Website, or any portion thereof. BMR may notify you that you have breached these Terms and your account is being terminated. These actions are in addition to and not in lieu or limitation of any other right or remedy BMR may have available at law. Further, BMR shall not be liable to you or any third party for any such termination or discontinuance.
You may only provide information on this Website that you own or have the right to use when you access, use, transmit, or display health or any other information while using this Website. You represent and warrant that all information you provide or supply to BMR through this Website is accurate and complete. You agree to take all reasonable steps to ensure that no unauthorized person shall have access to any of your passwords or account used or accessed in connection with this Website. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your account and password; and (3) promptly inform BMR of any need to deactivate a password. BMR assumes no responsibility or liability for any information that you transmit, receive from or submit through this Website, or for any use or misuse by you or third parties who you authorize.
All information including, but not limited to, software, artwork, text, video, audio, pictures, logos, and other material contained on this Website or embodied in this Website (the “Content”), including all associated intellectual property rights, are the proprietary property of BMR and its licensors, and are protected by copyright and other intellectual property laws. BMR retains all rights with respect to this Website except those expressly granted to you herein.
ANY CONTENT OR SERVICES CONTAINED ON OR PROVIDED THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” BASIS ONLY AND IT IS NOT INTENDED, OR TO BE CONSTRUED, AS MEDICAL ADVICE, DIAGNOSIS, AND TREATMENT, AND IS NOT A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH PROFESSIONALS WHO ARE FAMILIAR WITH YOUR INDIVIDUAL MEDICAL NEEDS. WE WILL REGARD ALL ACCESS TO AND USE OF THIS WEBSITE AS VOLUNTARY AND AT YOUR SOLE RISK. WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THIS WEBSITE. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED BY USING THIS WEBSITE GENERALLY. WE DISCLAIM AND ALL MAKE NO WARRANTY OR GUARANTEE THAT MYCENTURAHEALTH WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
THE CONTENT OF THIS WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY. NO SERVICE OBTAINED BY USING THIS WEBSITE IS MEANT TO TAKE THE PLACE OF YOUR PHYSICIAN OR HEALTH CARE PROVIDER. YOU MUST SEEK THE OPINION OF A PHYSICIAN OR HEALTH CARE PROVIDER FOR TREATMENT OR DIAGNOSES OF ANY MEDICAL PROBLEM, DO NOT RELY ON THIS WEBSITE FOR MEDICAL CARE OR MEDICAL DECISION MAKING. NEVER DELAY IN SEEKING MEDICAL ADVICE OR ATTENTION BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEBSITE.
THIS WEBSITE IS NOT INTENDED TO BE USED TO ADDRESS MEDICAL EMERGENCIES. IF YOU ARE EXPERIENCING AN EMERGENCY OR URGENT MEDICAL PROBLEM, GO TO THE NEAREST EMERGENCY ROOM OR CALL 9-1-1 OR YOUR PHYSICIAN’S OFFICE IMMEDIATELY.
You agree to release, indemnify and hold BMR, and its directors, officers, physicians, employees, agents and third party licensors harmless from and against any and all liabilities, losses, damages, claims, and expenses, including reasonable attorneys’ fees, with respect to (a) any and all injury, disability, death or damage to property (tangible or intangible) arising from or relating to your use of this Website; (b) any infringement or violation of any intellectual property rights arising from or relating to your use of this Website (including any Content); and (c) any breach of your representations or obligations under these Terms.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BMR SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR INJURY, ILLNESS, DISABILITY, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BMR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR USE OR YOUR INABILITY TO USE THIS WEBSITE; (ii) THE COST OF PROCUREMENT OF SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE; (v) YOUR USE OF THE INTERNET OR YOUR INTERNET SERVICE PROVIDER; (vi) DEFECTS OR INACCURACIES IN YOUR COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER DEVICE USED TO ACCESS THIS WEBSITE OR THE SERVICES; OR (vii) ANY OTHER MATTER RELATING TO YOUR USE OF THIS WEBSITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BMR EXCEED THE TOTAL AMOUNT OF FEES PREVIOUSLY PAID BY YOU TO BMR RELATING TO YOUR USE OF THIS WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You expressly agree that exclusive jurisdiction for any dispute with BMR, or in any way relating to your use of this Website, resides in the courts of New York County in the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of New York County in the New York in connection with any such dispute including any claim involving BMR or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other terms.
BMR reserves the right to modify, amend and update these Terms at any time by posting amended Terms on this Website. Any updates to these Terms will be posted on this Website, from time to time. You acknowledge and agree that it is your responsibility to review these Terms from time to time and to be aware of any such changes. Your use of this Website after such posting constitutes acceptance by you of these Terms as revised.
This Website may contain links to other Web sites. These links are for your convenience only, and BMR makes no representations or endorsements whatsoever regarding such other Web sites. You should review the terms and conditions of use of such other Web sites carefully before providing any information to such Website. BMR is not responsible for the terms and conditions of use, procedures or the content of any other Website.
BMR may assign its rights and obligations pursuant to these Terms without prior notice to or consent from you. You, however, may not assign your rights or obligations under these Terms.
These Terms, the Privacy Policy provided on this Website, and any completed forms constitute the entire agreement between you and BMR with respect to your use of this Website and its Content.
If you have questions about this Website, please contact Data Security, Broadreach Medical Resources, 1350 Broadway, New York, NY 10018, (212) 220-0080