TINA DISCEPOLA MEDICAL PA. WEBSITE TERMS AND CONDITIONS OF USE (Last updated on Feb 19th, 2019)
- Changes to Terms and Conditions. TinaDiscepolaMD may revise and update
these Terms and Conditions at any time, and any such revisions or updates shall be effective immediately upon publication. We recommend that you review these Terms and Conditions periodically. Your continued use of the Site will mean you accept those changes. 2. Modifications to Site. TinaDiscepolaMD reserves the right to modify in whole or in
part, or temporarily or permanently discontinue, the Site or any Content (defined below) for any reason and at any time and without notice to you. 3. Privacy. Any personal information provided to TinaDiscepolaMD by you or
TinaDiscepolaMD does not recommend or endorse any specific tests, physicians, health care providers, products, procedures, opinions or other information that may be mentioned on the Site or contained in the Content. Reliance on any information provided by TinaDiscepolaMD on the Site or any Content is solely at your own risk.
- Use of Site. You agree to use the Site only for lawful purposes and comply with the
following:(a) Specifically, you agree not to do any of the following: (i) communicate to TinaDiscepolaMD or upload to or transmit to or on the Site any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright without permission from the copyright owner; (ii) use the Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (iii) intercept or attempt to intercept electronic mail not intended for you; (iv) misrepresent an affiliation with any person or organization; (v) restrict or inhibit use of the Site by others; (vi) upload or otherwise transmit files that contain a virus or corrupted data; (vii) collect information about others (including e-mail address) without their consent; (viii) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Site); (ix) post “spam”, transmit chain letters or engage in other similar activities; (x) attempt to disable, “hack” or otherwise interfere with the proper functioning of the Site; or (xi) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by TinaDiscepolaMD, may harm TinaDiscepolaMD or users of the Site or expose them to liability.(b) Any content and/or opinions uploaded, expressed or submitted to any publicly available section of the Site (including password-protected areas), and all articles and responses to questions, other than the content provided by TinaDiscepolaMD, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of TinaDiscepolaMD. You understand and acknowledge that you are responsible for whatever content you submit, and you, not TinaDiscepolaMD, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to TinaDiscepolaMD or to any area of the Site, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to communicate it to TinaDiscepolaMD and/or post it to the Site. You grant to TinaDiscepolaMD the right to use all content you upload or otherwise transmit to TinaDiscepolaMD or the Site in any manner TinaDiscepolaMD chooses, including, but not limited to, copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it. (c) TinaDiscepolaMD reserves the right, but does not assume any responsibility, to (i) remove any material posted on the Site which TinaDiscepolaMD, in its sole discretion, deems inconsistent with the foregoing commitments, including any material TinaDiscepolaMD has been notified, or has reason to believe, constitutes a copyright infringement; and (ii) terminate any user’s access to all or part of the Site. However, TinaDiscepolaMD can neither review all material before it is posted
on the Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, TinaDiscepolaMD assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. TinaDiscepolaMD reserves the right to take any action it deems necessary to protect the personal safety of users of the Site and the public; however, TinaDiscepolaMD has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph. Your failure to comply with the provisions of (a) or (b) above may result in the termination of your access to or use of the Site and may expose you to civil and/or criminal liability. 6. Use of Content. TinaDiscepolaMD authorizes you to view the material on the Site
with respect to such Ideas and TinaDiscepolaMD shall be free to reproduce, use, disclose and distribute the Ideas for TinaDiscepolaMD’s own benefit without any obligation to you. 9. Site Errors. TinaDiscepolaMD attempts to provide the most recent, accurate and
reliable information on the Site. However, there may be occasions when information contained on the Site may contain typographical errors, incomplete data or inaccuracies. We do not warrant that the information accessible via the Site is accurate, complete or current. Any errors are unintentional and we apologize if erroneous information is reflected on the Site or in the Content. We reserve the right to correct errors and to update the Site and the Content at any time. 10. Site Only Intended for Those 18 and Older. The Site is intended for use by
individuals 18 years of age or older. 11. Warranty and Liability Disclaimers. The use of the Site and the Content is at your
own risk. When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of TinaDiscepolaMD and its suppliers. Accordingly, TinaDiscepolaMD assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Site. TinaDiscepolaMD does not assume any liability for the Content provided on, or available through, the Site. TinaDiscepolaMD disclaims any liability for injury or damages resulting from the use of the Site or Content. THE SITE, THE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE SITE OR ANY OTHER TINADISCEPOLAMD SITE ARE PROVIDED ON AN “AS IS”AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER TINADISCEPOLAMD NOR ANY PERSON ASSOCIATED WITH TINADISCEPOLAMD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY OR ACCURACY OF THE CONTENT OR AVAILABILITY OF ANY SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER TINADISCEPOLAMD NOR ANYONE ASSOCIATED WITH TINADISCEPOLAMD WARRANTS OR REPRESENTS THAT ANY SITE, ITS CONTENT OR THE SERVICES PROVIDED ON OR THROUGH SUCH SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WELLNESSSCRIPT DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. Without limiting the foregoing, TinaDiscepolaMD, its licensors and its suppliers make no representations or warranties about the accuracy, reliability, completeness, correctness or timeliness of the Content, software, text, videos, graphics, links or communications provided on or through the use of the Site, the Content or TinaDiscepolaMD.
In no event shall TinaDiscepolaMD, its licensors, its suppliers or any third parties mentioned on the Site or in the Content be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits or damages resulting from lost data or business interruption) resulting from the access, use of or inability to use or access the Site or the Content, whether based on warranty, contract, tort or any other legal theory, and whether or not TinaDiscepolaMD, its licensors, its suppliers or any third parties mentioned on the Site or in the Content are advised of the possibility of such damages.
- Limitation on Damages. IN NO EVENT WILL TINADISCEPOLAMD OR ITS
LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, ANY SITE, ITS CONTENT, ANY SERVICES PROVIDED ON OR THROUGH SUCH SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN ANY WEBSITE OR ITS CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY TINADISCEPOLAMD AND WHETHER OR NOT TINADISCEPOLA HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IF YOU HAVE A CLAIM AGAINST TINADISCEPOLAMD THAT ARISES OUT OF THESE TERMS AND CONDITIONS OR IS OTHERWISE RELATED TO THE SITE OR THE CONTENT, THEN IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TINADISCEPOLAMD TO YOU BE MORE THAN THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TINADISCEPOLAMD FOR SERVICES RELATED TO THE SITE OVER THE PRECEDING 12 MONTHS OR (B) $100. 13. Passwords. You are responsible for taking all reasonable steps to ensure that no
unauthorized person shall have access to your TinaDiscepolaMD passwords or accounts. It is your sole responsibility to: (a) control the dissemination and use of sign-in name, screen name and passwords; (b) authorize, monitor and control access to and use of your TinaDiscepolaMD account and password; (c) promptly inform TinaDiscepolaMD if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an e-mail, use the “Contact Us” links located on the Site. You grant TinaDiscepolaMD and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store and use your information in connection with the operation of the Site. TinaDiscepolaMD cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the Site or TinaDiscepolaMD’s tools and services. 14. Advertisements, Searches and Links to Other Sites. TinaDiscepolaMD may
provide links to third-party websites. TinaDiscepolaMD also may select certain sites as priority responses to search terms you enter and TinaDiscepolaMD may agree to allow advertisers to respond to certain search terms with advertisements
or sponsored content. You acknowledge that TinaDiscepolaMD does not control any third-party websites and is not responsible for any content, services, products or practices of any third-party websites. TinaDiscepolaMD does not recommend and does not endorse the content on any third-party websites. TinaDiscepolaMD is not responsible for the content of linked third-party sites, sites framed within the Site or the Content, third-party sites provided as search results or third-party advertisements and does not make any representations regarding their content or accuracy. Your access or use of any third-party websites is at your own risk and subject to the terms and conditions of use for such sites. TinaDiscepolaMD does not recommend or endorse any product, service, technique or treatment advertised on the Site or in the Content. 15. Website Availability. TinaDiscepolaMD periodically schedules system downtime for
maintenance and other purposes and the Site may be unavailable due to unplanned system outages or circumstances outside of TinaDiscepolaMD’s control. TinaDiscepolaMD shall have no liability to any user or third party whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, mis delivery or non-delivery of information caused by such system outages. 16. Indemnity. You agree to defend, indemnify and hold harmless TinaDiscepolaMD and its affiliates and subsidiaries, and their respective officers, directors, owners, agents, employees, affiliates, licensees and licensors, from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site in violation of any of these Terms and Conditions. 17. General. TinaDiscepolaMD is based in the United States. TinaDiscepolaMD makes
no claims that TinaDiscepolaMD or the Site or the Content are appropriate or may be downloaded outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. 18. Jurisdiction. You expressly agree that exclusive jurisdiction for any dispute with
TinaDiscepolaMD, or in any way relating to your use of the Site, resides in the courts located in West Palm Beach, Florida and you further agree and expressly submit and consent to the exercise of personal jurisdiction in the courts located in West Palm Beach, FL in connection with any such dispute, including any claim involving TinaDiscepolaMD or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. You also agree to waive any right to a trial by jury. These Terms and Conditions are governed by the internal substantive laws of the State of Florida, without respect to any conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
- Resolving Disputes; Arbitration. You and TinaDiscepolaMD agree that disputes
related to your use of the Site or these Terms and Conditions will be handled through arbitration, except that either you or TinaDiscepolaMD may bring a lawsuit solely for injunctive relief to stop unauthorized use of the Site or any copyright, trademark or other intellectual property infringement. Prior to commencing an arbitration proceeding, we ask that you attempt to resolve any claim informally by contacting Dr. Constantina Discepola. If your claim is not resolved within 30 days of the day you contact TinaDiscepolaMD regarding your claim, you or TinaDiscepolaMD may initiate a formal arbitration proceeding. The arbitration will be governed by the American Arbitration Association, which will administer the arbitration under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer-Related Disputes then in effect, or any similar rules and procedures. The arbitration will be held in West Palm Beach, Florida. You agree that any disputes will be handled on an individual basis, and no part of the arbitration or court proceeding will involve any class action, class arbitration, private attorney general action or any other similar type of consolidation of claims. In other words, you may resolve disputes with TinaDiscepolaMD on an individual basis only. You agree that any claim that you have against TinaDiscepolaMD must be brought within 12 months of the date that the claim arose. 20. Notice and Takedown Procedures; and Copyright Agent. If you believe any
materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this website by contacting TinaDiscepolaMD’s copyright agent (identified below) and providing the following information:(a) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work. (b) Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.(c) Your name, address, telephone number and (if available) e-mail address.(d) A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law.(e) A statement that the information that you have supplied is accurate and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.(f) A signature or the electronic equivalent from the copyright holder or authorized representative. TinaDiscepolaMD’s agent for copyright issues relating to this website is as follows: Tina Discepola Medical, PA. Attn: Office of Privacy TinaDiscepolaMedical@gmail.com Or call: 914.909.2546 In an effort to protect the rights of copyright owners, TinaDiscepolaMD maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
- Governing Language. Any translation of these Terms and Conditions is done for
local requirements and in the event of a dispute between the English and any non- English versions, the English version of these Terms and Conditions shall govern. 22. Termination. Your failure to comply with these Terms and Conditions automatically
revokes your authorization to use the Site and terminates all rights granted to you under these Terms and Conditions. Your obligations to TinaDiscepolaMD and its affiliates and third-party service providers relating to your use of the Site prior to termination shall continue after termination. Restrictions regarding the Site, the Content, indemnity, jurisdiction, disclaimers and liability and damage limitations under the Terms and Conditions shall survive termination for any reason. 23. Miscellaneous. If any provision of these Terms and Conditions, or any portion
thereof, is found to be unenforceable, it shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the rest of these Terms and Conditions shall remain in full force and effect. These Terms and Conditions are the entire agreement between you and TinaDiscepolaMD and its affiliates and subsidiaries relating to the Site. These Terms and Conditions supersede and cancel any prior written or oral agreement between you and TinaDiscepolaMD and its affiliates and subsidiaries, which shall have no further force or effect. 24. Complete Agreement. Except as expressly provided in a particular “legal notice” on
Effective Date: Feb 19th, 2019 ©2019 TinaDiscepola Medical PA. All rights reserved.