Terms of Use

Brand New Day Website Terms and Conditions

BY USING THIS WEBSITE, YOU CONSENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEBSITE.

Purpose and User

Brand New Day operates this website to provide administrative and clinical information to its members, providers, agents, employers, and contracted medical groups. This website should not be used as a substitute for the advice of a physician or other health care provider. If you have a medical condition or any questions about a medical condition, please consult a physician. If you plan to alter your diet or exercise patterns pursuant to any advice on this website or elsewhere, please contact your physician first.

Descriptions of products or services viewed on this website do not constitute an offer to sell the product or service. If you have questions about purchasing Brand New Day products or services, please contact Brand New Day for more information.

This website may only be accessed for personal, non-commercial use. You may not sell, lease, or assign for a personal or commercial purpose any rights implied in these terms and conditions. You may not use this website for any unlawful purposes. You may not compromise the security of this site or use this site to collect data.

User Privacy Statement

Brand New Day retains the right to monitor use of the website to prevent unauthorized usage. By using this website, you consent to this monitoring. Brand New Day maintains the privacy of any information it receives about you through either direct transmissions or monitoring of the website. However, Brand New Day may need to disclose to Brand New Day personnel, agents, or brokers some personal information you may provide in order to assist you with any requests.

Links

As part of its information services to members and providers, Brand New Day may provide links to other websites. Brand New Day does not endorse these websites or any information contained therein. Brand New Day does not guarantee user privacy while accessing these websites. Express written permission is required to provide hyperlinks from any external website to the Brand New Day website.

Site Maintenance

While Brand New Day attempts to keep all information on the website up-to-date, it makes no guarantee and provides no warranty as to the accuracy, timeliness, or pertinence of the information on this website. Brand New Day is under no obligation to keep the information accurate, timely, or pertinent. Brand New Day retains the right to modify, alter, change, or terminate the website at any time. It is your responsibility to read any modifications or alterations to the terms and conditions stated herein and to immediately comply with any changes.

Warranty Disclaimer

Brand New Day PROVIDES THIS SITE, ITS CONTENT, AND ANY RELATED SERVICES “AS IS,” WITH ALL FAULTS WITH NO AFFIRMATIVE REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Brand New Day AND ITS AFFILIATES DISCLAIM ANY LIABILITY RELATED TO YOUR USE OF THIS WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ITS CONTENT. NO ORAL OR WRITTEN COMMUNICATIONS BY Brand New Day MAY CHANGE OR ALTER IN ANY WAY THIS DISCLAIMER.

Liability Limitation

UNDER NO CIRCUMSTANCES ARE Brand New Day OR ANY OF ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS, OR OTHER ASSOCIATED ENTERPRISES MENTIONED ON THIS SITE TO BE HELD RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF CONSORTIUM, BUSINESS INTERRUPTION, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE OR INFORMATION PROVIDED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR DAMAGES OR DISCLAIMER OF IMPLIED WARRANTY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Waiver / Hold Harmless

Failure of Brand New Day to enforce any of its rights directly or implicitly protected by these terms and conditions does not constitute a waiver of those rights.

You agree to indemnify and/or hold harmless Brand New Day for any use of this website that is unauthorized and/or violates the terms and conditions contained herein.

Assignment

Brand New Day may, at any time and without limitation, assign any rights or delegate any duties granted or implied by these terms and conditions.

Sever Ability

If any part of these terms and conditions is determined to be unenforceable, that shall not void or make voidable any other part of these terms and conditions.

Copyrights

All information contained in this website, including but not limited to the organization and design of the website, photos, images, clip art, text, and forms is the property of Brand New Day and is protected by United States and International Copyright laws. Unless given specific authorization, use of these copyrighted materials is prohibited. All rights reserved for all countries. Any rights not expressly granted by these terms and conditions are reserved by Brand New Day. You may not reproduce or transfer any part of this website without express permission by Brand New Day.

Trademarks

“Brand New Day” and the Brand New Day logo are registered trademarks of Brand New Day. Unless given specific permission, use of these trademarks is prohibited. Unless given specific permission, use of any phrase marked with a TM, SM, or R as viewed on the site is prohibited. Any trademarked symbol, logo, or phrase accessible through this site may not be used to create a false impression of affiliation with Brand New Day.

Forum Selection

Any suits arising from or relating to the terms and conditions stated herein must be brought exclusively in a state or federal court in the County of Los Angeles, California, or the Central District.

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