Terms and Conditions of Use
Welcome to https://njinfusionservices.com, which consists of various web pages owned, operated or maintained by NJ Infusion Services (the “Site”). Terms such as “we”, “us”, or “our” refer to NJ Infusion Services and its affiliate entities. Your access to the Site and its content is based upon your acceptance of the terms, conditions, and notices contained herein (the “Terms”), and your use of the Site constitutes a legally binding agreement to all such Terms between you, the person using this Site, and NJ Infusion Services.
All information, content, and material of the Site is for informational purposes only and is not intended to serve as a substitute for the consultation, diagnosis, and/or medical treatment of a qualified physician or healthcare provider. If you have a medical emergency, call your doctor or 911 immediately. Your reliance on any information provided in or through the Site is at your own risk. NJ Infusion Services assumes no responsibility for consequences resulting from the use of the Site.
Privacy
Your use of the Site is subject to NJ Infusion Services’s website privacy policy (“Website Privacy Policy”). Please review our Website Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting the Site or providing your email information (including sending e-mails) to NJ Infusion Services constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Links to Third Party Sites/Third Party Services
By using the Site, you acknowledge that the Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of NJ Infusion Services and NJ Infusion Services is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. NJ Infusion Services is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NJ Infusion Services of the site or any association with its operators.
No Unlawful or Prohibited Use/Intellectual Property
As a condition to your use of the Site, you warrant to NJ Infusion Services that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. This Site is intended for a United States audience. If you access the Site from a location outside the United States, you are responsible for compliance with United States and local laws, if and to the extent that local laws are applicable. You agree that you will not use the NJ Infusion Services content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of NJ Infusion Services or our licensors, suppliers, publishers, or other content providers (collectively, “Website-Related Parties”) and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. NJ Infusion Services content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of NJ Infusion Services and the copyright owner.
Subject to your compliance with these Terms, you are granted a non-exclusive, non-transferable, non-sublicensable license, revocable license to access and make personal and non-commercial use of the Site for the sole purpose of collecting information regarding our services and related activities. We may terminate this license at any time for any reason. If you breach any of these Terms, your license to the Site and its contents terminate immediately. You agree that you do not acquire any ownership rights in any protected content. You further agree that you have not been granted any licenses, express or implied, to the intellectual property of NJ Infusion Services or the Website Related Parties except as expressly authorized by these Terms. All rights not expressly granted to you in these Terms are reserved and retained by NJ Infusion Services or the Website-Related Parties.
Indemnification
By accessing this Site, you agree to indemnify, defend and hold harmless NJ Infusion Services, the Website-Related Parties and their respective affiliates, subsidiaries, officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. NJ Infusion Services reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with NJ Infusion Services in asserting any available defenses.
Liability Disclaimer
YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NJ Infusion Services
AND/OR OUR CONTENT PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE OR ANY CONTENT SET FORTH THEREIN AT ANY TIME.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NJ Infusion Services AND/OR OUR CONTENT PROVIDERS MAKE NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. NJ Infusion Services AND/OR OUR CONTENT PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NJ Infusion Services AND/OR OUR OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND/OR TRUSTEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NJ Infusion Services AND/OR OUR OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND/OR TRUSTEES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
You agree that NJ Infusion Services can, in its sole discretion, suspend or terminate your right to access the Site and the related services or any portion thereof at any time, for any reason without prior notice, obligation or liability to you. This agreement is governed by the laws of the State of Illinois and you hereby consent to the exclusive jurisdiction and venue of courts in Illinois in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and NJ Infusion Services as a result of this agreement or use of the Site. NJ Infusion Services’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NJ Infusion Services’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by NJ Infusion Services with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and NJ Infusion Services with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NJ Infusion Services with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
NJ Infusion Services reserves the right, in its sole discretion and without notice, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. NJ Infusion Services encourages you to periodically review the Terms to stay informed of our updates. Your continued access or use of the Site shall constitute your agreement to any changes to these Terms as well as the most recent version of our Website Privacy Policy. NJ Infusion Services may modify, suspend, discontinue, or restrict the use of any features or portions of the Site, including the availability of any portion of the content of the Site, at any time, without prior notice or liability.
Effective as of November 9, 2022