This Site is owned and operated by the Healthcare Providers Insurance Exchange (“HPIX”), its attorney in fact, HPIX, LLC (“AIF”) and the parent of the AIF, American Healthcare Providers Insurance Services Company, LLC (collectively referred to as “HPIX”). HPIX retains all rights to the Site and the material contained within this Site as more fully described below. The Site is intended to provide insureds, brokers, agents and other entities with information concerning the products and services provided by HPIX. The agreements in this Legal Notice (this “Agreement”) will continue to be effective until either you or HPIX terminate it. You may terminate this Agreement at any time by destroying any and all materials you obtained from this Site and by ceasing to use this Site in any way. HPIX may terminate this Agreement immediately and without notice if, in its sole discretion, HPIX decides that you have failed to comply with this Agreement or if HPIX decides to modify this Agreement governing future use of this Site. HPIX reserves all rights to terminate any individual’s use of this Site for any reason at any time. HPIX may change, alter or modify any aspect of this Site at any time, for any reason and without notice.
Use of the Site and its Contents
The content and materials that are contained in this Site may be used as is and MAY NOT be modified or otherwise changed, copied, altered, sold, published or distributed without giving proper attribution to HPIX. You may cite or refer to the information on this Site and make copies of the information only for your own use. You must have our written permission to distribute copies of the information to others. To request such permission see the Contact Us link. Please include your name, address and telephone number, and a description of the intended extent, purpose and distribution of your copying. You are not permitted to alter any material on this Site without HPIX’s written permission. The information on this Site may be changed or updated without notice. HPIX may also make improvements and/or changes in the products, services and/or programs described on this Site at any time without notice.
You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, web page or other proprietary information (including but not limited to images, text, page layouts or forms) of HPIX without our express written consent. You are not permitted to access or use this Site in any manner that would disable or impair the functionality of the HPIX servers or the Site itself. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws and other federal and state laws.
Ownership, Copyright And Trademark
You agree and acknowledge that HPIX is the owner or licensee of all rights in this Site and the materials that appear on this Site, and that you will not challenge those rights or do anything that might impair or damage those rights. This Site is protected by copyright, trademark and other laws of the United States. Any unauthorized use of any material on this Site may violate such laws. The trademarks, logos, and service marks used and displayed on this Site (the “Trademarks”) are registered and unregistered trademarks of HPIX and others. Under no circumstances may you use any of the Trademarks, whether owned or licensed to us. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks without the written permission of the Trademark owner. Subject to the provisions set forth in this Agreement, if you make any copies of this Site, or portions of this Site, such copies must include the appropriate copyright, trademark or other proprietary notices. No links may be established to any part of this Site and no information on this Site may be framed without our prior written approval.
No Offer to Sell Insurance
Nothing contained on this Site should be construed or interpreted as an offer to purchase an insurance policy from HPIX. Please contact your insurance professional or HPIX directly concerning the policies offered by or through HPIX. Coverage statements on this Site are for general description purposes only. This Site does not amend, modify or supplement ANY insurance policies. Consult the actual policy or contact us for details regarding terms, conditions, coverages, exclusions, products, services and programs which may be available to you.
Information Provided By You
We do not want you to, and you agree through the use of this Site that you will not, send any confidential or proprietary information belonging to you or any other entity or person to us unless specifically requested by us. Any material information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by HPIX or its affiliates for any purpose whatsoever, including, but not limited to, developing and marketing products and/or services. Any contact or communication which you may make with us or our employees via this Site must be for HPIX business-related purposes and all such communications are property of HPIX, and subject to review and monitoring by us. You are prohibited from posting or transmitting to this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law. You understand that information transmitted over public networks may be accessed by third parties and HPIX will not be liable for any such unauthorized disclosure. Information concerning HPIX, its employees, policyholders, customers, agents or others on whom data is collected, stored or processed by HPIX is the property of HPIX and is confidential except for necessary disclosures required by law or other business purposes.
Materials published at this Site may refer to products, programs or services that are not available outside the United States. HPIX makes no representation that this Site or the materials at this Site are appropriate or available for use at locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use this Site or export information or materials at this Site in violation of the export or other laws, regulations, executive orders, decrees or other legal enactments or requirements of the United States or any other country. If you access this Site from a location outside of the United States, you are responsible for compliance with all applicable laws. By using this Site you represent and warrant that you are not located in, under the control of, or a national or resident of, any country on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders or Denied Persons List.
Disclaimer of Warranties, Limitation of Liability
THIS SITE, AND THE INFORMATION CONTAINED ON THIS SITE, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, BOTH CURRENT AND FUTURE, HPIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND OTHER VIOLATIONS OF RIGHTS. HPIX (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HPIX (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION ON THIS SITE, OR ANY MATERIALS OR INFORMATION OBTAINED AT LINKED INTERNET ADDRESSES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS, THE ACCURACY OR REASONABLENESS OF FACTUAL OR SCIENTIFIC ASSUMPTIONS, STUDIES OR CONCLUSIONS, THE DEFAMATORY NATURE OF STATEMENTS, OWNERSHIP OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND THE VIOLATION OF PROPERTY, PRIVACY, OR PERSONAL RIGHTS OF OTHERS. IF YOUR USE OF MATERIALS OR INFORMATION FROM THIS SITE, OR FROM MATERIALS OR INFORMATION OBTAINED FROM LINKED INTERNET ADDRESSES, RESULTS IN THE NEED FOR SERVICE, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR OR CORRECTION.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES AND HYPERLINKED WEBSITES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS, INCLUDING THE EXCLUSION OF IMPLIED WARRANTIES, MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACKUP AND SECURITY. YOU AGREE THAT HPIX SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM ANY DAMAGE TO DATA, SYSTEMS, SOFTWARE OR IMPACT ON THE AVAILABILITY THEREOF, ARISING OUT OF OR RELATING TO THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND OF THE INTERNET.
HPIX AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THIS SITE, AND/OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OR HARM ARISING OUT OF THIS SITE, SITE-RELATED SERVICES AND/OR HYPERLINKED WEBSITES IS TO STOP USING THIS SITE AND/OR THOSE SERVICES.
Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement
HPIX respects the intellectual property of others, and we ask our users to do the same. HPIX may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide HPIX’s Copyright Agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on this Site;
Your address, telephone number and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
HPIX’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
American Healthcare Providers Insurance Services Company, LLC
Attn: Steven W. Sawyer, SVP Corporate Administration
700 Spring Forest Road, Suite 400
Raleigh, NC 27609
By Phone: (800) 662-7917
By Fax: (215) 979-1020
Jurisdiction, Venue and Arbitration
This Agreement is entered into in the Commonwealth of Pennsylvania and shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, exclusive of its choice of law rules. Any dispute, controversy or claim arising under, out of, in connection with or in relation to this Site or this Agreement will be resolved by final and binding arbitration conducted in accordance with and subject to the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then applicable. One arbitrator will be selected jointly by you and HPIX or, failing that, by the AAA, and the arbitrator will allow such discovery as is appropriate, consistent with the purposes of arbitration in accomplishing fair, speedy and cost effective resolution of disputes. Judgment upon the award rendered in any such arbitration may be entered in any court having jurisdiction thereof. The arbitration will take place in Philadelphia, Pennsylvania. Any award entered by the arbitrator(s) shall be final and judgment thereon may be entered in any court having jurisdiction. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees as determined by the arbitrator. In the event that any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
This Agreement constitutes the entire agreement between HPIX and you pertaining to the subject matter hereof. In its sole discretion, HPIX may from time to time revise this Agreement by updating this posting. You should periodically visit this page to review the current Agreement so you are aware of any such revisions to which you are bound.