1. Novitas Solutions hereby grants you a limited license to use the features and services provided on this Website solely for your personal or Medicare-related purposes.
2. Your use of the Website is subject to all applicable local, state, national, and international laws and regulations, and you agree not to use the Website for purposes that violate such laws and regulations. In addition, you agree that: (1) you will not interfere with another person's use of the Website; (2) you will not upload, download, transmit or otherwise distribute any message, data, information, text, or other material ("Content") that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party, and that, by uploading or downloading any Content, you represent and warrant to Novitas Solutions and its affiliates that you have the lawful right to reproduce and distribute such Content; (3) you will not upload, download, transmit, or otherwise distribute any Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable; (4) you will not upload, download, transmit, or otherwise distribute any viruses or other harmful, disruptive, or destructive files; (5) you will not upload, download, transmit, or otherwise distribute any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; (6) you will not use or attempt to use another's account, service, or system without authorization from Novitas Solutions, or create or use a false identity on this Website; (7) you will not upload, download, transmit, or otherwise distribute spam, chain letters, junk mail, or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (8) you will not attempt to obtain unauthorized access to the Website or portions of the Website which are restricted from general access; (9) you will not interfere with or disrupt networks, systems, and/or computers connected to the Website, and you will comply with all regulations, policies, and procedures of such networks and systems; and (10) you will comply with all United States laws regarding the transmission of technical data outside of the United States. You acknowledge and agree that you are responsible for all use of your email address and will notify Novitas Solutions immediately of any unauthorized use.
3. The information, services, technology, and/or processes described and/or used on this Website may be the subject of intellectual property rights reserved by Novitas Solutions or other third parties. Except for the limited license granted above, nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of Novitas Solutions or any third party.
4. THE MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR USE OF ANY MATERIALS, INFORMATION, OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT.
5. NEITHER NOVITAS SOLUTIONS, INC NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES OR DISBURSEMENTS) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE WEBSITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE WEBSITE, EVEN IF NOVITAS SOLUTIONS, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT NOVITAS SOLUTIONS, INC AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500).
6. NEITHER NOVITAS SOLUTIONS, INC NOR ANY OF ITS AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE WEBSITE. YOU AGREE TO HOLD HARMLESS NOVITAS SOLUTIONS, INC AND ITS AFFILIATES AND PARTIES WITH WHOM NOVITAS SOLUTIONS, INC HAS CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS WEBSITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THE WEBSITE.
7. All documents available on this Website may be protected under the U.S. and Foreign Copyright Laws. Permission to reproduce may be required. Novitas Solutions retains all rights to the information provided on this Website, including, but not limited to, the right of distribution.
8. By accessing, transmitting or viewing any information on this Website, you agree to be subject to personal jurisdiction in the Commonwealth of Pennsylvania. Any transaction or occurrence arising out of accessing, transmitting or viewing any information on this Website shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania (excluding any conflict of laws provisions of the Commonwealth of Pennsylvania that would refer to and apply the substantive laws of another jurisdiction). Any suit or proceeding regarding this Website or any part of the Website shall be brought only in Allegheny County, Pennsylvania.
9. Upon a request by Novitas Solutions, you agree to defend, indemnify, and hold harmless Novitas Solutions and its affiliates, and their employees, contractors, officers, and directors, from all liabilities, claims, and expenses, including attorneys' fees and disbursements, that arise from your use or misuse of this Website. Novitas Solutions reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Novitas Solutions in asserting any available defenses.
10. In the event Novitas Solutions determines, in its sole discretion, that you have violated these Terms, Novitas Solutions shall have the right to immediately remove any materials you have placed on the Website and/or terminate your access to the Website, without prior notice to you, and/or pursue any other remedies available to it under applicable law.
11. This Website may provide links or references to other sites. Neither Novitas Solutions nor any of its affiliates has any responsibility for the content of these other sites, makes any representations or gives any warranties with respect to any information contained in or at these other sites, or shall be liable for any damages or injury arising from the content of these other sites. No endorsements are expressed or implied by Novitas Solutions. Any links to other sites are provided merely as a convenience to the users of this Website and, if you decide to access any of the third party sites linked to this Website, you do so entirely at your own risk. Novitas Solutions reserves the right to terminate any link or linking program at any time.
12. There may be circumstances where access to this Website is provided by a link located at another Website. Neither Novitas Solutions nor any of its affiliates makes any representations or gives any warranties with respect to any information contained in or at these other sites, and neither Novitas Solutions nor any of its affiliates shall be liable for any damages or injury arising from the content of these other sites. Neither Novitas Solutions nor any of its affiliates endorses the individuals, companies, or other similar entities, or any products, services or materials associated with such individuals, companies, or other similar entities, that provide a link to this Website.
13. Novitas Solutions shall have the right to revise these Terms at any time by updating this posting. By using this Website, you agree to be bound by any such revisions and should therefore periodically visit this Website to determine the then-current Terms to which you are bound.