Web Site Terms and Conditions (“Terms”)
LAST UPDATED: October 5th, 2022
Please read the following Terms carefully before using the My Voice website, including but not limited to www.myvoice.com, as well as any online features, services and/or programs offered by My Voice (collectively, the “Web Site”). The Terms of New York Cancer & Blood Specialists (“My Voice”, “we”, “us”, and “our”) apply to all contents and information available within the Web Site. By accessing or using the Web Site, you acknowledge that you are located in the United States and you agree to the following Terms. IF YOU DO NOT RESIDE IN THE UNITED STATES AND DO NOT ACCEPT SUCH TERMS, YOU MAY NOT ACCESS THE WEB SITE. You should review these Terms regularly as they may change at any time at the sole discretion of My Voice. If you do not agree to any portion of these Terms, you should not access or otherwise use the Web Site. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video, and any other information provided from or on, uploaded to and/or downloaded from the Web Site.
My Voice will make an effort to update this web page with any changes to these Terms and/or to the services described in these Terms and you are encouraged to review these Terms frequently (the date these Terms were last updated appear at the top of these Terms) so that you are aware of our current Terms. Your continued use of the Web Site after the Last Updated date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions.
THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND MY VOICE MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST MY VOICE TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE REVIEW THE SECTION ENTITLED “INDEPENDENT ARBITRATION AGREEMENT” FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH MY VOICE.
By merely providing access to the Web Site, My Voice does not warrant or represent that:
(a) the Content is accurate, complete, up-to-date or current;
(b) My Voice has any obligation to update any Content;
(c) the Content is free from technical inaccuracies or typographical errors;
(d) that the Content does not infringe on the intellectual property rights of any third party;
(e) that the Content is free from changes caused by a third party;
(f) your access to the Web Site will be free from interruptions, errors, computer viruses, or other harmful components; and/or
Your use of the Web Site and the services offered therein are subject to federal law and the law of New York State (“Applicable Law”).
You affirm that you are 18 years of age or older, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
2. Web Site Use and Content.
You may view, copy or print pages from the Web Site solely for personal, non-commercial purposes subject to these Terms. You may not otherwise use, modify, copy, print, display, reproduce, distribute, frame, publish or otherwise exploit for any commercial purpose any part of the Web Site without the express, prior, written consent of My Voice. At any time, we may, without further notice, make changes to the Web Site, to these Terms and/or to the services described in these Terms.
3. Disclaimers.
(a) No Warranties. You expressly agree that your use of the Web Site is at your sole risk. The Web Site and the Content is 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. My Voice provides the Web Site on a commercially reasonable basis and My Voice makes no representations or warranties that:
(i) the Web Site, the Content, or any services offered in connection with the Web Site are or shall remain uninterrupted or error-free;
(ii) that defects shall be corrected;
(iii) that the web pages on the Web Site, and electronic communication, or the servers used in connection with the Web Site are or shall remain free from any viruses, worms, time bombs, drop dead devices, Trojan horses, or other harmful component; or
(iv) that any person using the Web Site will be the person that he or she represents himself of herself to be. My Voice does not guarantee that you will be able to access or use the Web Site and/or the online service at times or locations of your choosing, or that My Voice shall have adequate capacity for the Web Site and/or the online service as a whole or in any specific geographic area.
(b) Indemnification. You agree to defend, indemnify, and hold My Voice and its affiliates, subsidiaries, owners, directors, officers, employees, agents, and representatives harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by My Voice, directly or indirectly, with respect to or arising out of:
(i) your failure to comply with these Terms;
(ii) your breach of your obligations under these Terms;
(iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or
(iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.
4. Limitation of Liability.
In no event will My Voice be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages arising from your use of the Web Site and/or any service provided in connection with the Web Site, or for any other claim related in any way to your use of the Web Site and/or any service provided in connection with the Web Site, including, but not limited to,
(a) errors, mistakes, or inaccuracies of Content,
(b) personal injury or property damage, of any nature whatsoever, resulting from your access to an use of the Web Site, the online service, and/or any service provided in connection with the Web Site,
(c) any unauthorized access to or use of our computer servers and/or any and all personal information and/or financial information stored therein,
(d) any interruption or cessation of transmission to or from the Web Site, the online service, and/or any service provided in connection with the Web Site, and/or
(e) any viruses, worms, time bombs, drop dead devices, Trojan horses, or other harmful components that may be transmitted to or through the Web Site, the online service, and/or any service provided in connection with the Web Site by any third Party or for any loss or damage of any kind. Because some States or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such States or jurisdictions My Voice liability will be limited to the greatest extent permitted by law.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEB SITE, CONTENT AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE IS TO STOP USING THE WEB SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, OUR MAXIMUM LIABILITY TO YOU WITH RESPECT TO YOUR USE OF THIS WEB SITE AND ANY SERVICES PROVIDED IN CONNECTION WITH THE WEB SITE IS ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.
Any claims arising in connection with your use of the Web Site or any services provided in connection with the Web Site must be brought within one (1) year of the date of the event giving rise to such action occurred.
5. California
Under Cal. Civ. Code § 1789.3, California users are entitled to know that they may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or by email at dca@dca.ca.gov.
6. Privacy Policy.
7. Please review our Privacy Policy (“Privacy Policy”) which also applies to your use of the Web Site. Copyright and Trademark.
The Web Site and the Content, trademarks, service marks, and logos used and displayed on the Web Site are the property of My Voice, or our subsidiaries’, affiliates’ or licensors, as applicable. Nothing on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of My Voice’s trademarks or service marks without My Voice’s prior written permission. Neither the name of My Voice nor any of My Voice’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Web Site or otherwise, without My Voice’s prior written permission.
8. Local Laws.
My Voice makes no representation that content or materials in the Web Site are appropriate or available for use in jurisdictions outside the United States. My Voice is not responsible for your violation of law. You may not use or export the Content or materials in the Web Site in violation of U.S. export laws and regulations. You agree that the Web Site and these Terms shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the law of New York. The Web Site shall be deemed a passive website and service that does not give rise to personal jurisdiction over My Voice, either specific or general, in jurisdictions other than New York State. You agree and hereby 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.
9. Links to Third-Party Sites.
10. The Web Site may contain links to third-party sites. The links to third-party sites are provided for your convenience and information only, and are not an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with My Voice. If a third-party links to the Web Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with My Voice. In most cases, My Voice is not even aware that a third party has linked to the Web Site. Please understand that third-party sites may have different terms of use and privacy policies, and that My Voice does not control and is not responsible for the content of such sites or the privacy practices of such third parties. The information collected by such third-party sites is not covered by our Privacy Policy. Assignment.
You may not assign these Terms, in whole or in part, or delegate any of your responsibilities hereunder to any third party. Any such attempted assignment or delegation will not be recognized by My Voice unless acknowledged by Voice in writing. My Voice has no obligation to provide you with written acknowledgment. My Voice may, at any time and in its sole discretion, assign these Terms, in whole or in part, or delegate any of our rights and responsibilities under these Terms to any third party or entity.
11. Security and Restrictions
You are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, by (a) accessing data not intended for such user or logging onto a server which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Web Site or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
You agree not to use the Web Site:
12. Independent Arbitration Agreement
Independent Arbitration Agreement
In consideration of and as a condition of your use of the Web Site you and My Voice (collectively, “the parties”) agree as follows (the “Arbitration Agreement”):
Applicability; Exclusions; Court and Jury Trial Waiver
The parties agree that any and all covered disputes (as defined below) that either party has the legal right to sue for in court, whether now or in the future, shall be subject to final and binding arbitration under the arbitration provisions set forth below. This means that the parties have selected arbitration as the sole and exclusive forum for the parties to sue or be sued in for all covered disputes, regardless of when the dispute first arose or arises and irrespective of the time period(s) involved in the dispute. The term “covered disputes” means all disputes and claims between the parties, including any disputes or claims: arising out of or relating to these Terms; relating to the relationship between the parties; arising under any state, federal, or international law(s) of similar import, and all other claims or disputes under federal, state, and local statutes and laws, municipal ordinances, executive orders, contract, tort, public policy, or common law (judge-made law).
The parties intend to require arbitration of all covered disputes that can lawfully be arbitrated. It is understood by the parties that the term “covered disputes” shall cover and include all such disputes not only between the parties to these Terms but also all disputes or claims against any of your heirs, executors, personal representatives, and assigns, and all such disputes or claims not only against My Voice but also against any and all of its affiliates, subsidiaries, and parents collectively and its and their predecessors and successors and any of its and their collective officers, agents, employees, members, shareholders, directors, managers, and attorneys.
Usage of JAMS Streamlined or Comprehensive Arbitration Rules and Procedures; Arbitrator to Decide All Issues; Arbitrator’s Decisions Are Final and Binding
Either party shall initiate arbitration under either the JAMS Streamlined or Comprehensive Arbitration Rules and Procedures (which are currently available for review at https://www.jamsadr.com/adr-rules-procedures/). The arbitrator (and not a court) shall decide all issues in any covered dispute including, but not limited to, issues regarding the non-availability of class arbitration, timeliness, scope of arbitrator’s authority, arbitration procedures, any issues regarding arbitrability of the parties’ dispute, statute of limitations, and all other issues regarding the application, interpretation, and implementation of these Terms. The arbitrator’s decisions shall be final and binding. The parties agree that a court of competent jurisdiction shall have the authority to enter a judgment upon the award made by the arbitrator or to confirm an arbitration award, and any such proceeding shall not itself be deemed a covered dispute.
Selection and Authority of Arbitrator; Full Remedies Available; Enforceability
The parties agree that a single arbitrator shall be selected by the parties consistent with the applicable JAMS Rules and Procedures as they exist at the time of the Terms’ execution. To the fullest extent permitted by law, the arbitrator shall have the power and authority to award any remedy or relief available under applicable law and shall be the sole authority to interpret and apply the provisions of these Terms. The arbitrator shall have the authority to apply any federal, state, local, or municipal law, or executive order, or any common law that the Arbitrator deems applicable to the covered dispute. If there are any ambiguities in these Terms, it is the parties’ intent that all ambiguities be resolved in favor of arbitration. If any provision of this Arbitration Agreement is unenforceable, the remainder of this Arbitration Agreement shall remain in full force and effect.
Class and Collective Action Waiver; No Consolidated or Joint Actions
The parties agree that all covered disputes brought against each other will be arbitrated on an individual basis only and not in a class action arbitration, a collective action arbitration, or on any other group, representative, consolidated, or joint basis. The arbitrator shall have no authority to consider or resolve any covered dispute or any claim or issue in a covered dispute on any basis other than on an individual basis and may not proceed or direct the parties to proceed on a class or collective action basis or consolidate or join one or more covered disputes pertaining to you with any other individual’s or entity’s covered dispute(s). The provisions in this Arbitration Agreement mean that both parties waive their right to commence, become a party to, or in any way participate in any class action, collective action, or group or representative action or claim against the other party or in any such action or claim consolidated or joined with another party, with respect to any covered dispute, and each party agrees to opt-out of or be severed from any such action or proceeding.
Fees, Award
The parties agree that they shall share equally (each pay one-half) the fees and costs of the arbitrator and the fees and costs of arbitration charged by JAMS; except that: (i) in all cases where required by law, My Voice will pay the full amount of the arbitrator’s and JAMS arbitration fees and costs; and (ii) where the arbitrator determines that it is appropriate or necessary based on your financial resources, My Voice shall pay more than one-half, in an amount to be determined by the arbitrator as fair and equitable. Each party shall bear the cost of his/her/its own legal fees and costs, including but not limited to attorneys’ fees and expert witness fees, subject to any right to recover such fees and costs under applicable law, which the arbitrator shall apply where applicable. In rendering an arbitration award, the arbitrator shall apply applicable and appropriate law and shall award all statutory remedies and penalties, including attorneys’ fees and costs to the extent authorized by and consistent with law. The award shall be in writing and the arbitrator shall set forth the essential findings of fact and law. Either party may request that a transcript and/or recording of the hearing be made.
13. Miscellaneous.
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such or any other term. My Voice's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms are the entire agreement between you and My Voice with respect to your use of the Web Site and supersede any and all prior communications and prior agreements, whether written or oral, between you and My Voice regarding the Web Site. We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to block your access to the Web Site or block IP addresses.
How to Contact Us. If you have additional questions or comments of any kind regarding the Web Site, please let us know by calling us at (631) 751-3000.