Terms of Use

Healthcare Association of New York State, Inc. (“HANYS®”)

HANYS Website Terms of Use

Please read these Terms of Use carefully before using this website.

These Terms of Use are entered into by and between you and HANYS and/or one of its subsidiaries or affiliates (collectively referred to as "Company," "we," or "us"). The following terms and conditions, together with any documents or website related services (collectively, "Terms of Use"), govern your access to and use of this website, including any content, functionality and services offered on or through the website, whether as a guest or registered user (the "Website").

By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older and reside in the United States. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check these Terms of Use so you are aware of any changes, as they are binding on you.

Accessing the Website and account security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose or are provided with a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you, that the account is accurate, current and complete information and you agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual property rights

The Website and its entire contents, features and functionality including but not limited to all information, software, text, displays, images, video and audio; and the design, selection and arrangement thereof are owned by the Company, its licensors or other providers of such material and are protected by United States copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Website and its contents may not be copied, reproduced, modified, leased or imitated in whole or in part. You may not create derivative works or distribute any of the intellectual property of the Website and its contents in any way without the Company’s prior written permission.

Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or licensors. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners. You must not use such marks without the prior written permission of the Company or respective owner.

Prohibited uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • in any way that violates any applicable federal, state, local or international law or regulation;
  • for the purpose of exploiting, harming or attempting to exploit or harm any individual in any way or by exposing them to inappropriate content, or asking for personally identifiable information or otherwise;
  • to send, knowingly receive, upload, download, use or re-use any material that does not comply with the Content Standards set out in these Terms of Use;
  • to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam" or any other similar solicitation;
  • to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity including, without limitation, by using email addresses associated with any of the foregoing; or
  • to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

  • use the Website in any manner that could disable, overburden, damage or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website;
  • use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
  • use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
  • use any device, software or routine that interferes with the proper working of the Website;
  • introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful;
  • attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
  • attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
  • otherwise attempt to interfere with the proper working of the Website.

User contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant Company and each of their respective licensees, members, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.  

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to Company, and each of our licensees, members, successors and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, shall have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and enforcement; Termination

We have the right to:

  • remove or refuse to post any User Contributions for any or no reason in our sole discretion;
  • take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company;
  • disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights, their right to privacy, or engages in false and defamatory statements;
  • take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and
  • terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website without prior notice to you. YOU WAIVE AND HOLD HARMLESS THE COMPANY, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, you acknowledge and understand that we cannot undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These Content Standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
  • promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
  • violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may conflict with these Terms of Use and our Privacy Policy;
  • be likely to deceive any person;
  • promote any illegal activity or advocate, promote or assist any unlawful act;
  • cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
  • impersonate any person or misrepresent your identity or affiliation with any person or organization;
  • involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
  • give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Reliance on information posted

The information presented on or through the Website is made available solely for general information purposes. You assume all risk and responsibility for any loss or damage whatsoever to your computer system, data and business arising out of your use of the Website.

This Website may include content provided by third parties, including materials provided by other users and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third party.

Conditions and restrictions on use

Company, in its sole discretion, may terminate or suspend the use of your account at any time and for any reason in its sole discretion.  Such termination may occur without prior notice or any notice. Upon such termination or suspension, you must discontinue use of the Website. Company shall not be liable to you or any third party for any termination or suspension of your access to the Website.

No warranty

To the extent permitted by applicable law, the information, materials, content and services contained in this Website, including text, graphics, links or other items, are provided “as is,” “as available.” Company does not warrant the accuracy, adequacy or completeness of the information and materials and expressly disclaims liability for errors or omissions in the information and materials. No warranty of any kind, implied or statutory, including warranties of non-infringement, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the content, features, information, services and materials. You assume all risk and responsibility for any loss or damage whatsoever to your computer system, data and business arising out of your use of the Website.

Limitation of liability

To the extent permitted by applicable law, in no event shall Company, or its licensors, service providers, employees, agents, officers or directors be liable to users for any damages of any kind, including without limitation, direct or indirect, special, incidental, exemplary, punitive or consequential damages; lost profits, losses, expenses or damages resulting from lost data or breach of data or business interruption resulting from the use of or inability to use the Website arising in connection with any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or system failure whether based on warranty, contract, tort, or other legal theory; and whether or not Company is advised of the possibility of such damages, losses or expenses. 

You specifically acknowledge that Company shall not be liable for user content, content produced by third parties and displayed on or through the services, or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

In no event shall the collective, aggregate liability (including without limitation, contract, negligence and tort liability) of Company to you under this agreement exceed the amount paid by you to Company in the twelve (12) month period for the applicable product or service for which the claim arose.

Time limit for filing claims

You agree that any claim against Company must be commenced by filing an action within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website or your use of the Interactive Services. Your indemnification obligation shall survive the termination of your use of the Website.

Governing law

Your use of the Website and these Terms of Use shall be governed by the laws of the state of New York, without regard to its choice of law or conflict of law provisions. All legal actions in connection with the use of the Website and these Terms of Use shall be brought in the state courts located in Albany, New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Miscellaneous terms

If a provision of these Terms of Use is found to be unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect any remaining provisions.

These Terms, the Privacy Policy and any other legal notices published on the Website constitute the entire agreement relating to the use of the Website. These Terms do not modify or affect any existing or future agreement between you and Company including, but not limited to, terms that apply to a specific Website-related service.

We may update the content on this Website from time to time, but its content is not necessarily complete or up to date at all times. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Contact information

If you have any questions or comments about these Terms of Use, please send an email to privacy@hanys.org.

Effective: Aug. 21, 2025