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Acceptance of the Terms & Conditions of Use

 These Terms & Conditions of Website Use (“Terms of Use” or “Terms and Conditions of Website Use”) are entered into by and between you and EmPRO (“EmPRO”, “We”, or “Us”).  The following terms and conditions, govern your access to and use of https://www.myempro.com/ (the “Website” or “Site”) including any content, functionality, and/or services offered on or through this Website.

By using this Site, and/or downloading materials from this Site, you agree to abide by the Terms of Use set forth herein.  By using this Site, you also accept and agree to be bound and abide by our Privacy Policy.  If you do not agree with these terms of use and our Privacy Policy, do not access or use any part of this Website.

This Website is offered and available to users who are eighteen (18) years of age or older.  By using this Website, you represent and warrant that you are of legal age to form a binding contract with EmPRO.  If you are not eighteen (18) years or older, do not access or use any part of this Website.

EmPRO reserves the right to change these Terms of Use from time to time, as necessary, and may provide notice on this page of any such changes, including the date they became effective.  You may access this page at any time through the “Terms & Conditions” link at the bottom of each page on this Website.  Your continued use of the Website means that you accept and agree to be bound by the revised Terms of Use.  Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

EmPRO will strive to ensure that information contained on our Website is both current and accurate.  However, due to factors beyond our control, we cannot and will not offer any warranty or guarantee of any nature concerning the accuracy or reliability of any information contained on our Website.  The information provided on this Website is published for informational purposes only. It is for your personal, private, non-commercial use only.

 

Neither Insurance Policy Interpretation, Nor Legal Advice, Nor Risk Management Advice

The material provided on the EmPRO Website, including the information and any images incorporated, is for your personal, private, non-commercial use only.  The information and articles contained in this Website are provided for general informational purposes only.  Nothing contained in this Website is intended to constitute, and should not be construed as, a solicitation of insurance in any state in which EmPRO is not licensed, an interpretation of any insurance provision or policy, or as legal advice on any subject matter.  You should not rely upon the information and articles provided on this Website as a policy interpretation and/or as legal advice on any subject matter, for any purpose, and should always seek the legal advice of competent counsel within your jurisdiction.  Users of the EmPRO Website are expressly advised that they rely upon the information contained on the Website for any other purpose, other than general informational purposes, at their 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.

Any Risk Management advice presented on this Site is intended to provide general information of interest to healthcare professionals.  Any recommendations and advice published on this Site do not reflect or establish an attorney-client relationship, do not establish a standard of care, do not establish rules for the practice of medicine, and should not be interpreted to convey the same.  Likewise, the publication of any such information is not intended as an offer to insure the conditions or exposures discussed, or to indicate that EmPRO will underwrite such risks.  Nothing contained on this Website shall serve to amend, alter, or modify the terms, conditions or exclusions of each individual insurance policy.

Any policy provisions discussed on this Website are subject to underwriting approval.  Information on this Website should not be construed as a coverage interpretation of a/the policy in whole or in part.  Actual coverage determinations are subject to all of the terms and conditions of the actual policy, endorsements, application, and any actual claims.

 

Web Links and Social Media

As a convenience to you, EmPRO may provide on this Site links to websites that are operated by other entities.  If you decide to access any of the third-party sites which may be linked on this Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses, other malicious software, or destructive agents.  The linked sites are not under the control of EmPRO and we are not responsible for the content of any linked site or any link contained in a linked site.  EmPRO reserves the right to terminate any link or linking program at any time.  EmPRO does not endorse companies or products to which it links, unless specifically so stated in the link text.

EmPRO’s social media pages are meant to share healthcare information, medical news, and company announcements with our followers.  Sharing content from another company’s website does not necessarily indicate an endorsement of that company or its views.  The content shared on EmPRO’s social media pages is intended for non-commercial purposes.  Appropriate credit will be given to the initial source, and, at the content creator’s request, EmPRO will remove shared content.  When sharing content posted to EmPRO’s social media sites, users agree to hereby release EmPRO from any and all liability in connection with the use of any and all pictures, images, videos, comments, or content posted by EmPRO on any EmPRO page. EmPRO is not providing any medical, healthcare, or legal advice in any of our online social media pages and/or forums.

 

Privacy Statement

 On this Website, EmPRO may collect, through registration processes or other means, personal information about you.  Please refer to our Privacy Policy for details about how We use and protect your personal information.  You are responsible for the accuracy of any personal information about you that you provide to EmPRO through this website.

EmPRO has procedures and technologies in place to protect against unauthorized disclosure of confidential information. However, because of the ubiquitous nature of the Internet and the continuous cyber security threats faced by it, as well as the possibility of unintended disclosures caused by third-party negligence, EmPRO cannot guarantee that information posted on this Website will remain confidential at all times.

EmPRO will not intentionally disclose any information of a confidential or sensitive nature unless you authorize Us to do so or unless required to do so by law or regulation.

 

Cookies

 This Website may utilize “cookies”, temporary files that are stored on your computer and used to facilitate access to this Website. By using this Website and agreeing to these terms and conditions, you consent to EmPRO’s use of cookies. Such cookie information is not shared with any other entity.

Third-party sites linked to this Website may contain cookies that are collected by the third-party site. Such cookies are beyond the control of EmPRO and, as such, We are neither able to access that information nor control its dissemination.

The Website uses Google Analytics, a Web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to analyze use patterns and may collect information about your use of the Website, including your IP address. More information on Google Analytics can be found here: www.google.com/policies/privacy/partners/.  This information is not collected by EmPRO.

 

License to Use Website

 Unless otherwise stated, EmPRO and/or its licensors own the intellectual property rights on the Website and material on the Website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not:

  • republish material from this Website (including republication on another website);
  • sell, rent, or sub-license material from the Website;
  • reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose;
  • edit or otherwise modify any material on the Website; or
  • redistribute material from this Website except for content specifically and expressly made available for redistribution.

 

Acceptable Use

You may use the website 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 (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • To transmit, or procure the sending of, any advertising or promotional material including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
  • To impersonate or attempt to impersonate EmPRO, an EmPRO employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); and
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which, as determined by us, may harm EmPRO or users of the website or expose them to liability.

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, including their ability to engage in real time activities through 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;
  • Conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to this Website without the expressed written consent of EmPRO;
  • 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 which 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; and
  • Otherwise attempt to interfere with the proper working of the website.

 

Restricted Access

Access to certain areas of this Website are restricted through the use of User ID and Password in order to segregate information / services reserved for its clients and/or business partners from those offered to the general public. EmPRO reserves the right to restrict access to other areas of this Website, or indeed this entire Website, at its discretion.

If EmPRO provides you with a User ID and Password, or you are required to create such information in order to enable access to restricted areas of this Website or other content or services, it is your responsibility to ensure that such User ID and Password information are kept confidential. EmPRO is not responsible for acts resulting from the unauthorized use or disclosure of such information.

EmPRO may disable your User ID and Password at its sole discretion without notice or explanation.

 

User Responsibilities

Before using this website, you are responsible for: making all arrangements necessary for you to have access to the website; ensuring that all persons who access the website through your internet connection are aware of these Terms of Use; and that those persons comply with these Terms of Use.

If you choose, or are provided with, a username, password or any such other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.

You also acknowledge that your account is personal to you and agree not to provide any other person with access to this website or portions of it using your username, password, or other security information.  You agree to notify EmPRO immediately of any unauthorized access to, or use of, your username, password, or any other breach of security.  You also agree to ensure that you exit your account at the end of each session.  You should use caution when accessing your account from a public or shared computer, so that others are not able to view or record your password or other personal information.

 

No Warranties

EmPRO endeavors to ensure that the information contained on its Website is current, accurate, and reliable. That said, the Website is provided “as is”. EmPRO makes no representations or warranties in relation to this Website or the information and materials contained on or linked site provided on this Website. Users of the Website are warned that they rely on any information contained on the Website, or linked site by the Website, at their own risk.

 

Premium Indications

Any premium indication provided on or through this Site is not a contract, binder, or agreement to extend insurance coverage. Premium indications are based on the information provided by you, and all information is subject to verification. If any information you provided is inaccurate, incomplete, or additional information is discovered, the quoted rate will be invalid and a new rate may apply. To obtain coverage, you must submit an application and a policy must be issued to you, subject to underwriting approval.

 

Policy Provisions

Information on this Website should not be construed as a coverage interpretation of the policy in whole or part. Nothing contained in this Website shall serve to amend, alter, or modify the terms, conditions, or exclusions of each individual insurance policy.

 

Variation

EmPRO may revise these Terms of Use from time-to-time. Revised Terms of Use will apply to the use of this Website from the date of the publication of the revised Terms of Use on this Website. Please check this page regularly to ensure you are familiar with the current version.

 

Intellectual Property

This Site, including all content, information, materials, programs, text, code, graphics, logos and the overall look and feel of the Site, are the property of EmPRO and/or its parent company.  The Site is protected by federal copyright laws, whether or not a copyright notice is displayed.  You agree to comply with all copyright laws in your use of this Site and to prevent any unauthorized copying of the material(s).

 

Law and Jurisdiction

These Terms of Use will be governed exclusively by the laws of the State of New York and jurisdiction shall be subject to courts located within Nassau County, New York.

 

Disclaimer of Warranties

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 Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER EmPRO NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER EmPRO NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

EmPRO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limited Liability

IN NO EVENT WILL EmPRO, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Indemnification

You agree to defend, indemnify and hold harmless EmPRO, 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 your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

 

Miscellaneous

If any provision of this agreement is unlawful, void or unenforceable, it shall not affect the validity and enforceability of any remaining provisions. No waiver by EmPRO of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of EmPRO to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

The Terms of Use, and our Privacy Policy constitute the sole and entire agreement between you and EmPRO regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

At EmPRO’s sole discretion it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.