Website Terms and Conditions

Please read these Terms carefully before using New York Cancer & Blood Specialists’ website, including but not limited to www.nycancer.com, as well as any online features, services, and programs offered by New York Cancer & Blood Specialists, together called the Website. By accessing or using the Website, you agree to these Terms. If you do not agree to any part of these Terms, do not access or use the Website.

Content refers to any text, materials, documents, images, graphics, logos, design, audio, video, and any other information provided from or on, uploaded to, or downloaded from the Website.

New York Cancer & Blood Specialists will make an effort to update this page with any changes to these Terms and to the services described. You are encouraged to review these Terms regularly. The date of the most recent revision appears at the end of these Terms.

1. Convenience and Information Only, Acceptance of Terms

By merely providing access to the Website, New York Cancer & Blood Specialists does not warrant or represent that any of the following are true:

• The Content is accurate, complete, current, or up to date
• New York Cancer & Blood Specialists has any obligation to update Content
• The Content is free from technical inaccuracies or typographical errors
• The Content does not infringe the intellectual property rights of any third party
• The Content is free from changes caused by a third party
• Your access to the Website will be free from interruptions, errors, viruses, or other harmful components
• Any information obtained through questions or postings on the Website is accurate or complete

Your use of the Website and the services offered is subject to federal law and the law of the State of New York.

You affirm that you are at least eighteen years of age, an emancipated minor, or have legal parental or guardian consent, and that you are fully able and competent to enter into and comply with these Terms.

2. Site Use and Content

You may view, copy, or print pages from the Website solely for personal and noncommercial use. You may not otherwise use, modify, copy, print, display, reproduce, distribute, or publish any information from the Website without the prior written consent of New York Cancer & Blood Specialists. At any time, and without notice, we may make changes to the Website, to these Terms, and to the services described.

3. Disclaimers

a. No Warranties

You expressly agree that your use of the Website is at your sole risk. The Website, the online service, and the Content are provided “as is” and “as available” for your use, without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. New York Cancer & Blood Specialists provides the Website and the online service on a commercially reasonable basis and makes no representations or warranties that any of the following are true:

• The Website, the online service, the Content, or any services offered in connection with the Website are or will remain uninterrupted or error free
• Defects will be corrected
• The web pages on the Website, the online service, electronic communication, or the servers used in connection with the Website are or will remain free from viruses, worms, time bombs, drop dead devices, Trojan horses, or other harmful components
• Any person using the Website is the person they represent themselves to be

New York Cancer & Blood Specialists does not guarantee that you will be able to access or use the Website or the online service at times or locations of your choosing, or that there will be adequate capacity for the Website or the online service as a whole or in any specific area.

b. Indemnification

You agree to defend, indemnify, and hold New York Cancer & Blood Specialists and its affiliates, subsidiaries, owners, directors, officers, employees, and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs, including reasonable attorneys’ fees, assessed or incurred by New York Cancer & Blood Specialists, directly or indirectly, with respect to or arising out of any of the following:

• Your failure to comply with these Terms
• Your breach of your obligations under these Terms
• Your use of the rights granted hereunder, including claims made by third parties
• Your violation of any third party right, including any copyright, property, or privacy right

c. Not Investment Advice

New York Cancer & Blood Specialists does not intend to provide investment advice or information relating to itself or any company identified on the Website. The Website may, at times, contain information on the current or prospective financial condition of this or other companies. There are various important factors that could cause actual results to differ materially from those indicated in any information on the Website. These factors include legislative and regulatory initiatives regarding regulation of American companies that do business abroad, political and economic conditions and developments in the United States and in other countries where the companies operate, financial market conditions and the results of financing efforts, and changes in commodity prices and interest rates.

4. Limitation of Liability

In no event will New York Cancer & Blood Specialists be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages arising from your use of the Website, the online service, or any service provided in connection with the Website, or for any other claim related in any way to your use of the Website, the online service, or any related service. This includes but is not limited to the following:

• Errors, mistakes, or inaccuracies of Content
• Personal injury or property damage resulting from your access to and use of the Website, the online service, or any related service
• Any unauthorized access to or use of our servers and any personal or financial information stored on them
• Any interruption or cessation of transmission to or from the Website, the online service, or any related service
• Any viruses, worms, time bombs, drop dead devices, Trojan horses, or other harmful components that may be transmitted to or through the Website, the online service, or any related service by any third party, and any resulting loss or damage

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In those jurisdictions, New York Cancer & Blood Specialists’ liability will be limited to the greatest extent permitted by law.

5. Privacy and Information Security Policy

New York Cancer & Blood Specialists is committed to safeguarding your online privacy with respect to personally identifiable information that we may obtain from you at the Website. This Privacy and Information Security Policy answers frequently asked questions about online privacy, including what personally identifiable information we may obtain and how it will be used and protected. New York Cancer & Blood Specialists may change this Privacy Policy from time to time. Please check back periodically.

a. No Collection of Information

The Website is created for the purpose of providing interested parties with information regarding New York Cancer & Blood Specialists. Your use is limited to browsing informational content. We do not use cookies, we do not provide any function that allows you to use the Website to contact us directly, and we do not collect personally identifiable information through the Website. The Website does not store or maintain information regarding visitors.

Parties not related to or authorized by New York Cancer & Blood Specialists may unlawfully intercept or access private communications or files and provide unauthorized information to unwanted parties. While New York Cancer & Blood Specialists takes reasonable steps to safeguard and to prevent unauthorized access to private information, we cannot be responsible for the acts of those who gain unauthorized access. We make no warranty that we will prevent unauthorized access to your private information. Nothing in this Privacy Policy should be construed as business, legal, or other advice, or as a warranty that security is fail proof.

b. Privacy Policy of Partners

Third parties that have links on our Website may collect personally identifiable information about you. We are not responsible for the privacy policies or practices of such sites, and those practices are not governed by this Privacy Policy. If you have questions about the privacy policies or practices of a third party site, contact that site’s administrator.

This Privacy Policy does not govern the privacy policies and practices of our business partners. If you have questions about the privacy policies or practices of our business partners, contact them directly.

6. Third Party Content

a. Links and Framing

New York Cancer & Blood Specialists may provide hyperlinks to websites maintained by third parties, or may provide third party content on the Website by framing or other methods. Links to third party websites are provided for your convenience and information only and are not an indication of endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with New York Cancer & Blood Specialists. The content on any linked website is not under our control and we are not responsible for the content of linked sites, including further links contained in those sites. If you decide to access any third party website linked to the Website, you do so at your own risk.

b. When a Third Party Links to the Website

If a third party links to the Website, it is not necessarily an indication of endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with New York Cancer & Blood Specialists. In most cases, New York Cancer & Blood Specialists is not aware that a third party has linked to the Website. A website that links to the Website must comply with the following:

• It may link to, but not replicate, New York Cancer & Blood Specialists’ Content
• It may not create a browser or border environment or frame New York Cancer & Blood Specialists’ Content
• It may not imply that New York Cancer & Blood Specialists is endorsing it or its products
• It may not misrepresent its relationship with New York Cancer & Blood Specialists
• It may not present false or misleading information about New York Cancer & Blood Specialists’ products or services
• It should not include content that could be construed as distasteful, offensive, or controversial, and it should contain only content that is appropriate for all age groups

7. Copyright and Trademark

The trademarks, service marks, and logos used and displayed on the Website are the registered or unregistered marks of New York Cancer & Blood Specialists or its subsidiaries or affiliates. New York Cancer & Blood Specialists is the copyright owner or authorized licensee of all text and graphics contained on the Website. All trademarks and service marks of New York Cancer & Blood Specialists that may be referred to on the Website are the property of New York Cancer & Blood Specialists. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners.

Nothing on the Website should be construed as granting, by implication or otherwise, any license or right to use any of New York Cancer & Blood Specialists’ trademarks or service marks without prior written permission. New York Cancer & Blood Specialists enforces its intellectual property rights. Neither the name New York Cancer & Blood Specialists nor any of its trademarks, service marks, or copyrighted materials may be used in any way, including in advertising, hyperlinks, publicity, or promotional materials of any kind, whether relating to the Website or otherwise, without prior written permission. A third party site that wishes to link to the Website and complies with Section 6 b above may use the name New York Cancer & Blood Specialists in or as part of that URL link. If you believe that any Content on the Website violates any intellectual property right of yours, please contact New York Cancer & Blood Specialists at the address, email address, or telephone number set forth at the bottom of these Terms.

8. Local Laws

New York Cancer & Blood Specialists makes no representation that content or materials on the Website are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. New York Cancer & Blood Specialists is not responsible for your violation of law.

You may not use or export the Content or materials on the Website in violation of United States export laws and regulations. You agree that the Website, these Terms, and the online service shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the law of the State of New York. The Website and the online service shall be deemed a passive website and service that do not give rise to personal jurisdiction over New York Cancer & Blood Specialists, either specific or general, in jurisdictions other than New York State. You agree and submit to the exclusive personal jurisdiction of the New York state and federal courts. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside if different from the United States.

9. Availability

Information that New York Cancer & Blood Specialists publishes on the Website may contain references or cross references to products, programs, or services that are not announced or available in your area. Such references do not mean that New York Cancer & Blood Specialists will announce any of those products, programs, or services in your area at any time in the future. Contact New York Cancer & Blood Specialists for information regarding the products, programs, and services that may be available to you.

10. Assignment

You may not assign these Terms, in whole or in part, or delegate any of your responsibilities under these Terms to any third party. Any attempted assignment or delegation will not be recognized by New York Cancer & Blood Specialists unless acknowledged in writing. New York Cancer & Blood Specialists has no obligation to provide written acknowledgment. New York Cancer & Blood Specialists may, at any time and in its sole discretion, assign these Terms, in whole or in part, or delegate any of its rights and responsibilities under these Terms to any third party or entity.

11. Nondiscrimination

New York Cancer & Blood Specialists complies with applicable Federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability, or sex. New York Cancer & Blood Specialists does not exclude people or treat them differently because of race, color, national origin, age, disability, or sex.

New York Cancer & Blood Specialists provides free aids and services to people with disabilities to communicate effectively with us, such as the following:

• Qualified sign language interpreters
• Written information in other formats including large print, audio, and accessible electronic formats

New York Cancer & Blood Specialists also provides free language services to people whose primary language is not English, such as the following:

• Qualified interpreters
• Information written in other languages

If you need these services, contact the Civil Rights Coordinator.

If you believe that New York Cancer & Blood Specialists has failed to provide these services or has discriminated in another way based on race, color, national origin, age, disability, or sex, you can file a grievance with the following contact:

You can file a grievance in person or by mail, fax, or email. If you need help filing a grievance, the Civil Rights Coordinator is available to assist you.

You can also file a civil rights complaint with the United States Department of Health and Human Services, Office for Civil Rights, electronically through the Office for Civil Rights Complaint Portal at https://ocrportal.hhs.gov/ocr/portal/lobby.jsf, or by mail or phone at:

12. Miscellaneous

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions, which remain in full force and effect. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term. The failure of New York Cancer & Blood Specialists to assert any right or provision under these Terms will not constitute a waiver of such right or provision. These Terms are the entire agreement between you and New York Cancer & Blood Specialists with respect to your use of the Website and the online service, and they supersede any prior communications and prior agreements, whether written or oral.

Your Consent to this Agreement

By accessing and using the Website, you consent to and agree to be bound by these Terms. If we decide to change these Terms, we will make an effort to post those changes on this page so that you can understand the terms and conditions that apply to your use of the Website and the online service. Your use of the Website or the online service after any amendment of these Terms signifies your acceptance of the revised terms.

If you have additional questions or comments, or if you see anything on the Website that you believe is inappropriate, please call us at (631) 751 3000.

Effective as of: October 20, 2016

Last updated: June 1, 2020