Welcome to the New York Independent Assessor Program (“NYIAP”) mobile application (the “Mobile App”). In this area of the NYIAP website (the “Site”), NYIAP field workers can download the Mobile App, which allows individuals conducting community health assessments in the field to view their schedules “on the go” and record milestone events. Before continuing, however, users of the Mobile App must review the terms and disclaimers below carefully.
THIS PAGE (CALLED THE “MOBILE APP TERMS OF SERVICE” OR THE “TERMS”) CONTAINS IMPORTANT TERMS AND DISCLAIMERS THAT USERS OF THE MOBILE APP MUST UNDERSTAND AND FOLLOW. THESE MOBILE APP TERMS OF SERVICE FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU, AS A USER OF THE FEATURES AND CAPABILITIES AVAILABLE VIA THE MOBILE APP (THE “SERVICES”), AND MAXIMUS HEALTH SERVICES, INC. (“MAXIMUS”), THE ENTITY OPERATING THE MOBILE APP ON BEHALF OF THE NEW YORK STATE DEPARTMENT OF HEALTH.
BY CLICKING “ACCEPT” AND/OR USING THE MOBILE APP OR ITS FEATURES, YOU AGREE TO BE BOUND BY THE TERMS. YOU MUST NOT ACCESS OR USE THIS AREA OF THE SITE OR THE MOBILE APP IF YOU DO NOT AGREE WITH OR ACCEPT THESE TERMS.
GENERAL
Changes to the Terms. Maximus (“we” or “us”) reserves the right to modify these Terms at any time. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. The date these Terms were last revised is identified at the top of this page, and we will also post notices of any modifications hereto. You are responsible for periodically visiting this page to check for any changes to these Terms. Your continued use of the Services following the posting of modified Terms means that you accept and agree to the changes. If you do not agree to the modified Terms, your only remedy is to discontinue use of the Mobile App and the Services.
Who May Use the Services. You must be at least 18 years of age, or the age of majority as that is defined in your jurisdiction, whichever is older, to use the Services. By accessing the Mobile App, using the Services or accepting these Terms, you represent and warrant to us that you have reached the age of majority in your jurisdiction, and that you have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to us that you will use the Services in a manner consistent with any and all applicable laws and regulations. If we discover that a user under 18 years of age is using the Mobile App, we will terminate such user’s access to the Mobile App.
Your Use of the Services. We authorize you to view and access the content available via the Mobile App solely for your personal, non-commercial use. The contents of the Mobile App, such as text, graphics, and other Maximus or NYIAP content (collectively, "Content"), are protected under both United States and foreign copyright, trademark and other laws. All Content is the property of Maximus, NYIAP, or their content suppliers, licensors, or affiliates. Any trademarks appearing on the Mobile App are the property of their respective owners.
You may not use the Services in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is false, deceptive, defamatory, obscene, offensive, abusive, harassing, threatening, violent, hateful, inflammatory, or otherwise objectionable.
You agree not to impersonate any person or entity in your use of the Services. You further agree not to use the Mobile App or Services in any manner that could damage, disable, overburden, or impair them nor interfere with any other party's use and enjoyment of the Mobile App or Services. You may not obtain, use or access, nor attempt to obtain, use or access, any Content or information through any means not intentionally made publicly available through the Mobile App or Services.
Monitoring and Enforcement. We have the right, but not the obligation, to review material made available via the Mobile App and to monitor users’ use of the Services. We reserve the right to suspend or terminate your access to the Mobile App and Services for any or no reason in our sole discretion, including without limitation, any violation of these Terms of Service.
Privacy. We respect your privacy and will treat the personal information you provide to us, including information you may provide when creating an account or uploading documentation, as confidential. For more details about the information we collect in connection with the Services, how we use it, and your rights in connection with such information collection, please refer to NYIAP’s Privacy Statement. By using the Services, you consent to the terms of NYIAP’s Privacy Statement.
Feedback. We welcome your feedback on the Mobile App and the Services. If you transmit any communications or materials to us via the Mobile App or otherwise, suggesting or recommending changes to the Mobile App and/or the Services, including without limitation new features or functionality relating thereto, or any comments, questions, or the like (“Feedback”), you hereby assign to us all right, title and interest in such Feedback. We are free to use such Feedback without compensation or attribution to you, though we are not required to use such Feedback.
MOBILE APP CAPABILITIES
Please familiarize yourself with the capabilities and features of the Mobile App below, taking note of the relevant terms and disclaimers accompanying each capability.
Downloading and Using the App. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to download and use the Mobile App, subject to and in accordance with these Terms. This license is for the sole purpose of enabling you to use the Mobile App in the manner permitted by these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
App Store Terms. If you have downloaded the Mobile App from the Apple, Inc. (“Apple”) App Store, the Google LLC (“Google”) Google Play Store, or the Microsoft Corporation (“Microsoft”) Store, you acknowledge and agree to the following (as applicable):
Apple. These Terms and the license granted above are between you and Maximus, not with Apple, and Maximus is solely responsible for the Mobile App. Your use of the Mobile App is subject to the terms and conditions set forth in the Apple Media Services Terms and Conditions. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App. Maximus, not Apple, is responsible for addressing any claims relating to the Mobile App or your possession and/or use of the Mobile App. To the maximum extent permitted by applicable law, Apple has no warranty obligation whatsoever with respect to the Mobile App. Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to your license to the Mobile App, and upon your acceptance of these Terms, Apple and its subsidiaries will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license to the Mobile App against you as a third-party beneficiary hereof.
Google. These Terms and the license granted above are between you and Maximus, not with Google, and Maximus is solely responsible for the Mobile App. Your use of the Mobile App is subject to the terms and conditions set forth in the Google Play Terms of Service. Google is only a provider of the Google Play Store where you obtained the Mobile App, not of the Mobile App itself. Google has no obligation or liability to you with respect to the Mobile App or these Terms. You acknowledge and agree that Google and its subsidiaries will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license to the Mobile App against you as a third-party beneficiary hereof.
Microsoft. These Terms and the license granted above are between you and Maximus, not with Microsoft, and Maximus is solely responsible for the Mobile App. Your use of the Mobile App is subject to the terms and conditions set forth in the Microsoft Services Agreement. The Mobile App is a "Third-Party App" as defined in the Microsoft Services Agreement and is not provided by Microsoft. You acknowledge and agree that Microsoft does not license any intellectual property to you in connection with the Mobile App and is not responsible or liable to you or others for information or services provided by the Mobile App.
Viewing Your Schedule. As a field worker, you will be able to view your schedule of upcoming assessments in the Mobile App. In advance of each assessment, you will be able to review relevant patient information in the Mobile App, and at the conclusion of each assessment, the Mobile App will help direct you to your next appointment.
Recording Milestone Events. You will also be able to record milestone events using the Mobile App, such as arrival time, assessment start and end time, completion of post-assessment work, etc. This information will be transmitted and available for viewing by program managers and supervisors.
Data Collection. The Mobile App collects geolocation data while in use to confirm arrival and departure times from assessment locations. For more details about the information we collect and how we use it, please refer to our NYIAP Privacy Statement.
Disclaimer of Warranties. The Mobile App and Services may include content, software, and websites provided by one or more third parties (“Third-Party Resource(s)”). No warranty is made with respect to such third-party content, and we take no responsibility for such Third-Party Resource(s). A link to a Third-Party Resource is not an endorsement of that site or service. Any use you make of the information provided via the Services, or via any third-party site or service linked to by the Services, is at your own risk.
WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS CONTAINED IN THE SERVICES OR ANY LOSS OF INFORMATION OR DATA. THE SERVICES AND ALL CONTENT IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR ARISING FROM A COURSE OF DEALING, USAGE, OR PRACTICE.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE HAVE ANY LIABILITY TO ANY PARTY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, ANY CONTENT ON OR ACCESSED THROUGH THE SERVICES OR ANY SITE OR SERVICE LINKED THEREFROM, OR ANY COPYING, DISPLAYING, OR USE THEREOF, FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR DATA); OR (B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE GREATER OF $100 U.S. DOLLARS OR THE AMOUNT YOU PAVE PAID IN CONNECTION WITH THE SERVICES, IF ANY. THE FOREGOING WILL APPLY WITHOUT REGARD TO THE FORM OF ACTION AND WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Indemnification. You agree to defend, indemnify, and hold harmless Maximus, NYIAP and their respective affiliates, licensors, and service providers, 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, your use of the Mobile App and/or Services, or your use of any information obtained via the Services.
Miscellaneous. Any failure by us to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. You agree that these Terms and any legal action or proceeding relating to these Terms or the Services shall be governed by the laws of state of New York without reference to its choice of law rules. If you attempt to bring any legal proceedings against Maximus or NYIAP, you specifically acknowledge that the state and federal courts of New York shall be the exclusive venue for any such proceedings. If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect. We may assign our rights and obligations under these Terms, without notice to you, to (a) any of our affiliates or (b) successors in interest. These Terms may not be assigned by you without our prior written consent.
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Contact Us. Should you have any questions or concerns about these Terms or about the Mobile App, please contact us by:
Telephone: 1-855-222-8350 (TTY: 1-888-329-1541)
Mail: New York Medicaid Choice
P.O. Box 5016
New York, NY 10274
Email: PrivacyOfficial@Maximus.com