PLEASE READ THIS MANDATORY TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to the NIP Management Co./Conventus Inter-Insurance Exchange (collectively, “The Company”) website (www.conventusnj.com) (the “Site” or “Website”). By using the Site, you agree to be bound by the following terms and agree that you are responsible for compliance with any applicable laws and regulations (hereinafter referred to as “Terms of Use” or “Agreement”). The Terms of Use may be updated by us from time to time without notice to you.
As used in this Agreement, the words “you” and “your” refer to any person accessing The Company Site. The words “we,” “us,” and “our” refer to The Company.
The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, The Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
WEB CONTENT AND MATERIALS
The information on this Website is for information purposes only. It is believed to be reliable, but The Company does not warrant its completeness, timeliness or accuracy.
The content on the Site is provided for informational purposes only. The content is not intended in any way to be a substitute for professional legal, tax, financial or accounting advice and should not be interpreted as such. Always seek the advice of a professional advisor or other qualified provider with any questions you may have regarding legal, tax, financial, or other matters. Never disregard professional advice because of something you have read on this site. You acknowledge and agree that any reliance on any content on the Site is at your sole risk.
RESOURCES
The Company provides you with access to a variety of resources, including but not limited to medical professional liability insurance, claims handling, accounting and billing, and practice management resource information (collectively, the “Resources”). We do not warrant that the content on this Website is applicable to your individual circumstances. The content should not be construed as a coverage interpretation of any policy in whole or in part. For complete descriptions of the terms, conditions and exclusions of insurance coverages or other products or services, please contact your insurance representative or refer to the particular policy or contract. The content is not intended to be a substitute for, nor does it constitute professional advice regarding legal, medical, tax or financial planning matters and you should not construe it as such. By using these Resources and accepting these terms, you agree that you are using such resources at your sole risk and that if you are dissatisfied with the Site or any of the materials, your sole and exclusive remedy is to discontinue accessing and using the Site and the materials.
Any and all materials on the practice resource portion of this Website, including those currently posted, those posted in the future and any resources returned through a Search of this Site (collectively, “Risk Management Resources” or “Practice Management Resources”) are provided for the use of The Company policyholders only. The Practice Management Resources are intended to provide information on practice management issues in your state and are not legal advice. Physicians or practice managers who desire or need legal advice should consult an attorney. If you are not a policyholder of The Company, you do not have access to the Practice Management Resources and you may not download any materials from the Practice Management web pages. If you are a policyholder of The Company and do not accept these terms, do not use the Practice Management Resources or download materials from this Site.
The information contained herein is intended for educational purposes only. The Company takes reasonable efforts to provide accurate information but cannot guarantee its accuracy or that it meets local, state, or federal statutes, laws, or regulations. The Company disclaims any and all liability for reliance upon the information contained therein. It is suggested that you consult your legal counsel or other professional consultant(s) if you have any questions about how it pertains to your specific situation.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF OR ACCESS TO THE WEBSITE OR ANY MATERIALS CONTAINED THEREON. THE COMPANY DOES NOT WARRANT THAT ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. FURTHER, NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR HOSTING OF THIS WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE AND/OR ACCESS TO THE WEBSITE OR ANY MATERIALS CONTAINED THEREON. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE MATERIALS IS TO STOP USING THE SITE OR THE MATERIALS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OF THE MATERIAL ON THIS SITE, OR ON ANY THIRD PARTY SITES.
Without limiting the foregoing, everything on the Website is provided to you “AS IS” “AS AVAILABLE” and THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE, ITS CONTENTS, AND ANY SERVICE PROVIDED VIA THE WEBSITE.
To the fullest extent permitted by applicable law, in no event shall The Company, nor any of its subsidiaries or affiliates and their respective employees, be liable to any party for any cost or damages, including any direct, indirect, special, incidental, or consequential damages, arising out of or in connection with the access or use of, or the inability to access or use conventusnj.com or any of its functions or features, including in connection with any browsing or downloading of any information, data, text, images, or other material accessible through conventusnj.com or any website linked to or linking into conventusnj.com. Your sole and exclusive remedy is to discontinue use of the Site.
It is the responsibility of the user of conventusnj.com to evaluate the accuracy, completeness, reliability and usefulness of any opinions, services or other information provided. All information provided on conventusnj.com is under the condition and understanding of it not being interpreted or relied on as legal, accounting, tax, financial, investment or other professional advice, or as advice on specific facts or matters. Accordingly, no liability whatsoever is assumed for any use or misuse of such information.
LIMITED LICENSE AND INTELLECTUAL PROPERTY RIGHTS
This Website and its downloadable contents are protected by the copyright laws of the United States and other jurisdictions. You may print and/or download a copy of any part of the Website or any of the materials for your personal, non-commercial use, or as otherwise permitted by law, but you may not copy any part of the Website or the materials for any other purpose without the express written consent of the President of The Company, and you may not modify any part of this Website or the materials for any reason. This grant of permission is not a transfer of title. Inclusion of any part of this Website or any part of the materials in another work, whether in printed, electronic or other form, and inclusion of any part of the Website or the materials in another website by linking, in-line linking to, framing or otherwise, is strictly prohibited.
The trademarks, service marks, logos and any designs used or displayed on the Website specific to The Company are trademarks and/or service marks owned by The Company. Any use of copyrighted works, trademarks or service marks, including the reproduction, removal, modification, distribution or republication of same without the prior express written permission of The Company, is strictly prohibited. Other copyrighted works, trademarks, service marks, trade names and company logos utilized on the Website are the property of their respective owners. All rights reserved. The appearance of any such third party trademarks does not in any way imply any connection, license, approval or other such relationship of any kind with such third party.
The Company can be reached by directing communications to:
Tracy Wehringer
Conventus Inter-Insurance Exchange
900 U.S. 9 North, Suite 503
Woodbridge, New Jersey 07095
877.444.0484
DESIGNATED AGENT
If you believe that any materials posted on this Website infringe the copyright in your work, please direct your concerns to our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) to respond to such concerns:
Tracy Wehringer
Conventus Inter-Insurance Exchange
900 U.S. 9 North, Suite 503
Woodbridge, New Jersey 07095
877.444.0484
TWehringer@nipgroup.com
INDEMNITY
You agree to defend, indemnify and hold harmless The Company, its affiliates and its suppliers, and each of their respective partners, employees, representatives and agents, from and against all claims, losses, costs, damages, liabilities and expenses (including, but not limited to, attorney fees) arising out of:
• Your activities in connection with this Site.
• Any violation of this Agreement by you.
• Any improper or unauthorized use of the materials by you.
• Any allegation that anything you transmit through or in connection with the Website infringes or otherwise violates the intellectual property, privacy or other rights of any third party.
• Any conduct, activity or action engaged in by you which is unlawful or illegal under any state, federal or common law, or violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of services, materials or any other such service or information provided by the Website.
INCORPORATION OF PRIVACY POLICY
We use your information only as described in the Privacy Policy, which is expressly incorporated as terms of this Agreement. If you object to anything in the Privacy Policy, please do not use our services.
THIRD PARTY WEBSITES
The Site may provide links and pointers to Internet sites that are owned and operated by third parties (“Third Party Sites”). We have not reviewed all of the Third Party Sites linked to the Site and are not responsible for the content of or any products or services offered in such Third Party Sites. Inclusion of any Third Party Sites does not imply a recommendation or endorsement by us.
SUBMITTED INFORMATION
If you submit any information to us (other than personal information, as defined in our Privacy Policy), including any comments, remarks, suggestions, ideas, notes, concepts, or other information, you are giving that information, and all your rights in it, to us free of charge, and that information will be treated as non-confidential and non-proprietary and may be used by us for any purpose, without your consent or any compensation to you or anyone else. This is true whether you submit such information to us by e-mail, through a form on the Site, or in any other manner.
You agree not to submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law, regulation, or rule. You agree that any material you submit does not violate the intellectual property rights of any third party. You are solely responsible for any material you submit to the Site. You further agree not to upload, e-mail, post or transmit to, or distribute or otherwise publish through the Site any material which disrupts the normal operation of the Site, including posting or otherwise transmitting material that is not related to the subject at issue or otherwise restricts or inhibits any other user from using the Site.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS PARENT OR ANY OF ITS AFFILIATES OR SUBSIDIARIES AND THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR INABILITY TO USE THE SITE, SITE CONTENT OR ANY SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE SITE OR ANY THIRD PARTY SITE. IF YOU ARE DISSATISFIED WITH US, ANY OF OUR SERVICES OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.
TERMINATION
We may terminate these Terms of Use, terminate your access to all or part of the Site, or suspend any user’s access to all or part of the Site, at any time, without notice to you, if we believe, in our sole judgment, that you have breached or may breach any term or condition of these Terms of Use, or for our convenience. You may terminate this agreement at any time by destroying all materials received from the Site and ceasing to use the Site.
INTERNATIONAL USERS
All material on this Site is provided solely for the purpose of promoting our operations in the United States. We make no representation that the material on the Site is appropriate or available for use in other locations. If despite these conditions, you use the Site from outside the United States, you are solely responsible for compliance with any applicable local laws.
ARBITRATION
You agree to submit any differences concerning your respective rights or the interpretation of this Agreement to arbitration. Such arbitration shall be governed by the rules then in effect of the America Arbitration Association (“AAA”). The arbitration and all proceedings thereunder shall be held in the City of New Brunswick, New Jersey. The award in writing of the arbitrators shall be exclusive, final and binding upon all parties, without resort to an appeal thereof. Judgment may be entered upon the award of the arbitrators in any court having jurisdiction pursuant to Section 12.
CHOICE OF LAW
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE UNITED STATES AND THE STATE OF NEW JERSEY, WITHOUT REGARD FOR CONFLICT OF LAW PRINCIPLES, PROVIDED, HOWEVER, THAT DISPUTES CONCERNING PATENT, FEDERAL TRADEMARK, OR FEDERAL COPYRIGHT MATTERS SHALL BE GOVERNED BY FEDERAL LAW. ANY ACTION SHALL BE INITIATED AND MAINTAINED IN A FORUM OF COMPETENT JURISDICTION IN NEW JERSEY.
SEVERABILITY
Our failure to strictly enforce any right against you shall not constitute a waiver thereof. If any provision of these Terms of Use is deemed invalid, illegal, or unenforceable such provision will be deemed amended to conform to the applicable laws and the remainder of the Terms of Use shall remain in full force and effect. These Terms of Use will not affect or implicate in any way, the parties’ rights and obligations under any other agreement between the parties. These Terms of Use incorporate by reference the Privacy Policy posted on the Site. This represents the full understanding of the parties with respect to the subject matter hereof.
CONTACT
Any questions regarding these Terms of Use may be directed to us through the Contact Us link on the Site at www.conventusnj.com
