Medical Emergency. IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY DIAL 911
Modifications of the Website
Company may modify or discontinue any feature or service of the website, or any portion thereof, with or without notice to you and without liability to you or any third party.
Not Professional Medical or Healthcare Advice/Nature of Services
This site enables limited communication with a Health Care Provider for that Health Care Provider to diagnose and treat Registered Users if appropriate utilizing that limited communication modality.It does not replace you relationship with any physician, and United Concierge MANAGEMENT, as the technology platform and not the provider of medical advice, does not dictate or direct any Health Care Provider using this site in their medical advice to you. Company is not an insurance product and is not a prescription fulfillment warehouse.
Users.It is your choice to receive a telemedicine consult.For safe and effective care, you promise that all information you provide to United Concierge MANAGEMENT is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete.If we have reasonable grounds to suspect that such information is not true, accurate or complete, we may deny or terminate your access to the site or Services (or any portion thereof).You acknowledge that any misrepresentations about your condition may result in serious harm to you or others.Consultants will be available to perform consultations 24 hours per day, seven days per week and 365 days per year. . Health Care Providers reserve the right to deny care for potential misuse of services. Under no circumstances will DEA controlled substances, non-therapeutic drugs and/or certain other drugs that present potential for abuse (as determined by us) be prescribed by Health Care Providers by way of a telemedicine consult. You understand that there is no guarantee that a prescription shall be written secondary to a telemedicine consult.
Register Users are required to set up an account prior to accessing such Services (“Account”).When you set up an Account, you are required to enter your name, email address, password (“password”) and certain other information collected by United Concierge MANAGEMENT depending on whether you are a member or Health Care Provider. You will also be agreeing to a separate contract with the Company. You may not transfer or share your Password or Account (collectively, the “Account Information”) with anyone.You are responsible for maintaining the confidentiality of your Account Information.You agree to notify us immediately upon becoming aware of any unauthorized use of your Account Information or any other breach of security.You are responsible for any and all use of your Account.Notwithstanding the above, United Concierge MANAGEMENT may rely on the authority of anyone accessing your Account or using your Password and in no event and under no circumstances shall United Concierge MANAGEMENT be held liable to you for any liabilities or damages resulting from or arising out your use of the site, your use of Account information or your release of the Account information to a third party.You may not use anyone else’s Account at any time.
We may include a variety of information and content on our website, including articles, data, references, interactive community tools and advertising. Thiswebsitealso contains general information relating to medical and/or healthcare conditions, their treatment, and healthcare services and/or supplies. Additionally, physicians and other healthcare professionals may contribute such information and articles to the website.
ALL INFORMATION AND CONTENT IS PROVIDED FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT MEANT TO BE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE PROVIDED BY A PHYSICIANOR OTHER QUALIFIED AND LICENSED HEALTHCARE, CLINICAL OR MEDICAL PROFESSIONALPURSUANT TO PERSONAL IN-PERSON EXAMINATION AND PROFESSIONAL CONSULTATIONS.
COMPANY DOES NOT ENDORSE NOR IS IT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, CURRENTNESS, COMPLETENESS OR TIMELINESS OF ANY OPINION, ADVICE OR STATEMENT ON COMPANY’S WEBSITE.THE PROVISION OF OPINIONS, ADVICE OR STATEMENTS ON OR THROUGH THE WEBSITE AND ITS FEATURES CONTRIBUTED OR OTHERWISE COMMUNICATED BY A PHYSICIAN OR ANY HEALTHCARE PROFESSIONAL IS FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO AND DOES NOT CREATE OR OTHERWISE CONSTITUTE A PHYSICIAN-PATIENT OR CLINICIAN – PATIENT RELATIONSHIP.
While we hope you find it helpful, you should not use the information contained herein for diagnosing a health problem, disease or condition or for selecting a specific course or method of treatment. Healthcare professionals using this website should remember that this information is not meant to serve as a substitute for your medical or clinical judgment as a healthcare professional. Healthcare consumers should not rely on the information on this website as professional medical advice or use it to replace any relationship with your physician or other qualified healthcare professional. For medical concerns and/or decision making, including decisions about medications, surgery and other treatments, individuals should always consult their physician or, in serious cases, seek immediate assistance from emergency personnel. HEALTHCARE CONSUMERS WHO USE THE INFORMATION FROM THIS WEBSITE DO SO AT THEIR OWN RISK.
WE DO NOT MAKE ANY REPRESENTATIONS, ASSURANCES, WARRANTIES OR GUARANTEES RELATED TO OUR WEBSITE OR THE INFORMATION AND CONTENT THEREON OR COMMUNICATED THROUGH ITS FEATURES, INCLUDING THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THAT INFORMATION. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.It is your responsibility to evaluate the information provided on the website. If you are a healthcare professional, you should exercise your professional judgment in evaluating any information, and we strongly encourage you to confirm the information contained on our website with other sources before undertaking any course of action based on it. If you are a healthcare consumer, you should evaluate the information together with your physician and/or another qualified healthcare professional.
Medical Emergency. IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY DIAL 911
Use of Website
Further, you shall not (1) manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology; (2) probe, scan, test the vulnerability of or breach the authentication measures of, this Website or any related networks or systems; (3) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (4) harvest or otherwise collect information about others, including e-mail addresses; or (5) use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any content or information on this Website.
Content of Messages: Prohibited Conduct
You are expected to use the website and its interactive features (e.g., live chat, bulletin board/forums) with respect, courtesy and responsibility, giving due regard to the rights of other users as well as in compliance with all federal, state and local laws and regulations. Common sense is the best guide as to what is considered acceptable and appropriate use of Company and its services, interactive features and products.
The following are examples of content (in any form, including messages, text, graphics, video, programs or audio) and uses that, similar to the above, are unacceptable and prohibited, and you acknowledge and agree that you are strictly prohibited from posting or otherwise publishing any such material or conducting yourself in violation of any of the following:
YOU ALONE ARE SOLELY RESPONSIBLE FOR THE CONTENT OF YOUR MESSAGES, POSTINGS AND MATERIALS, AND FOR ANY AND ALL CONSEQUENCES OF OR RELATING TO THE POSTING, TRANSMITTAL OR SUBMISSION OF SUCH MESSAGES AND MATERIALS.
COMPANY RESERVES THE ABSOLUTE RIGHT TO DETERMINE WHAT CONSTITUTES INAPPROPRIATE ACTIVITY AND ABUSE OF WEBSITE PRIVILEGES, IN OUR SOLE DISCRETION. WE RESERVE THE RIGHT TO DELETE FROM THE WEBSITE ANY INAPPROPRIATE MATERIAL POSTED BY YOU AT ANY TIME. A SINGLE VIOLATION OR REPEAT INFRINGEMENT WILL RESULT IN THE SUSPENSION OR TERMINATION OF YOUR REGISTRATION AND/OR WEBSITE PRIVILEGES.
You understand that when using the Company website, you may be exposed to user postings, messages and submissions from a variety of sources, and that Company is not responsible for the accuracy, usefulness, offensiveness, safety, or intellectual property rights of or relating to such user submissions. Company does not endorse any user posting, message or submission or any opinion, recommendation, or advice expressed therein, and Company expressly disclaims any and all liability in connection with user postings, messages and submissions. You further understand and acknowledge that you may be exposed to user postings, messages and submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Company with respect thereto, and agree to indemnify and hold Company harmless to the fullest extent allowed by law regarding all matters related to your use of the website, as also discussed in Paragraph One, above and Paragraph 17, below.
YOU UNDERSTAND THAT WHETHER OR NOT SUCH USER SUBMISSIONS ARE POSTED OR OTHERWISE PUBLISHED, COMPANY DOES NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY USER SUBMISSIONS.
Connection Requirements.You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use this site, and we reserve the right to change the access configuration of this site at any time without prior notice.Company is not responsible for the internet or data bandwidth and signal of your computer or mobile device.
Use at Own Risk; Limitation of Liability
YOUR USE OF COMPANY’S WEBSITE IS AT YOUR OWN AND SOLE RISK.
This website and the information and content are provided on an “as is” basis. COMPANY, ITS SUBSIDIARIES, ITS AFFILIATES, ITS LICENSORS, ITS SERVICE PROVIDERS, AND ITS SUPPLIERS, OR ITS AND THEIR RESPECTIVE MANAGERS, management AND AFFILIATED entities (whether in existence now or in the future), MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, COMPANY, ITS SUBSIDIARIES, ITS AFFILIATES, ITS LICENSORS, ITS SERVICE PROVIDERS, AND ITS SUPPLIERS, OR ITS AND THEIR RESPECTIVE MANAGERS, MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS make no representations or warranties as to either: (1) the accuracy, reliability, completeness, or timeliness of the website’s information, content, software, text, graphics, links, or communications provided on or through the use of the website or COMPANY; or (2) the satisfaction of any government regulations requiring disclosure of information on prescription drug products, specific medical technology, medical treatment or the approval or compliance of any software tools with regard to the information and content contained on the website.
IN NO EVENT SHALL COMPANY OR ITSSUBSIDIARIES OR AFFILIATES, OR ITS AND THEIR RESPECTIVE MANAGERS, MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PERSON OR ENTITY FOR ANY LOSS OR INJURY OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF OR OTHERWISE RESULTING FROM YOUR USE OF THIS WEBSITE AND ITS FEATURES, INCLUDING, WITHOUT LIMITATION, WITH REGARD TO ANY OMISSIONS, ERRORS OR INACCURACIES OF INFORMATION AND CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,OR THAT MAY RESULT FROM ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED THROUGH COMPANY, INCLUDING, BUT NOT LIMITED TO INDIVIDUALIZED MEDICAL OPINION(S). THE FOREGOING LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL ECONOMIC LOSS, PERSONAL INJURY, LOSS OF SOCIETY/COMPANIONSHIP, ILLNESS OR DEATH OR LOSS, LIABILITY OR DAMAGE OF ANY KIND, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR USER MESSAGES, POSTINGS, OR SUBMISSIONS OR FOR THE DEFAMATORY, LIBELOUS, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Links to Other Websites
Company’s website contains links to external websites (owned and operated by third parties) that are neither the responsibility of nor under the control of Company. Similarly, this website may be accessed from third-party links over which Company has no control. Company cannot attest to the accuracy, reliability, currentness, timeliness or completeness of the information on any other website – the information provided is entirely the responsibility of the operator of the external website visitedand Company shall have no liability for any losses, damages or injuries of any kind arising from such third party content or information. Further, Company does not endorse any content or information on such websites or any commercial products or services that might be advertised or sold on these external websites. In the event that any external website relates to the provision of medical, healthcare or related services and/or items – or any other product or service – a link to such third party website on Company’s website does not constitute a referral or recommendation by Company of the healthcare provider or supplier or an endorsement of or representation about the quality of their products, services, qualifications, credentials or experience.
YOU ASSUME THE SOLE RISK OF ACCESSING SUCH WEBSITES AND/ORPURCHASING OR OTHERWISE UTILIZING SUCH THIRD PARTY PRODUCTS AND/OR SERVICES.
Sponsorships and Advertising
By submitting information through Company’s website, you consent to receive email or telephonic communications from us. When you use Company or send emails to Company, you are communicating with Company electronically. Company will communicate with you by email, telephone or by posting notices on our website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing and/or sent by mail or other means.
Health Privacy Laws: Use by Covered Entities Strictly Prohibited
INDIVIDUALS OR ENTITIES SUBJECT TO SUCH HEALTH PRIVACY LAWS, ANDALL USERS OR REGISTRANTS FURTHER ACKNOWLEDGE, UNDERSTAND AND AGREE THAT COMPANYIS NOT A “BUSINESS ASSOCIATE” OF ANY SUCH PARTIES UNDER HIPAA, UNLESS SUCH RELATIONSHIP IS DOCUMENTED PURSUANT TO A SEPARATE WRITTEN BUSINESS AGREEMENT.
Financial and/or Legal Information
Copyright Ownership; Notification of Possible Copyright or Other Infringement
You acknowledge and agree that www.upstatevipmedicine.com consists of proprietary property of Company which is protected under United States copyright law, trademark law and other laws of general applicability. You further agree that all right, title and interest in and to Company and its website are and shall remain with Company.
Company owns and/or licenses certain of the information and contents its website.All content on, as well as the design of, our website is protected under United States and international copyright laws. For information appearing on our website under license from a third party, all copyrights in that information remain with that third party. You may look at our website online, download individual articles to your personal or handheld computer for later reading, and even print a reasonable number of copies of pages for yourself, your family or friends. You must not remove any copyright notices from our materials. We reserve all of our ownership and other rights. You are prohibited from selling our copyrighted property, rewriting or modifying it, redistributing it, putting it on your own or other website, or using it in any other manner for any commercial purpose without our prior written permission.
By posting or otherwise submitting content, which shall include your member name/user identification, to any public area of the website, including message boards, forums, contests, question and answer forums, and chat rooms, you grant Company a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and has validly and irrevocably granted to you the right to grant the license stated above. Subject to the foregoing, the owner of such content placed on the website retains any and all other rights that may exist in such content.
In the event you believe that material or content published on the website may infringe on your copyright, or that of another, please notify us immediately by providing detailed written notice of such possible infringement to the attention of customersupport@upstateVIPmedicine.com, by sending a detailed e-mail message (identifying the potentially infringing material with particularity, including the direct website link to such material where possible and/or other information reasonably sufficient to permit us to locate and identify the material) to customersupport@upstateVIPmedicine.com,or write to:United Concierge Medicine, PLLC
Company does not permit copyright infringing activities and infringement of other intellectual property rights on its website, and Company will remove all such content and user submissions if properly notified that such content or user submission infringes on another’s intellectual property rights. Company reserves the right to remove content and user submissions without prior notice or obligation to retain copies of the same in any media. Company will also terminate/cancel a user’s registration (or access to the website), at Company’s discretion either upon first offense or if the user is determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the website more than twice.
Trademarks and Other Rights
Company owns the names we use for our products and services on our website, and these names are protected by United States and international trademark laws. All trademarks used on our website and downloadable materials, regardless of the presence or absence of the trademark symbol, are the property of their respective owners. You may use our trademarks for a non-infringing, non-commercial use, such as when discussing us with others, but you must not use our trademarks in a manner that misleads others as to ownership of those marks. Any other uses of our trademarks require our prior written approval.
The use or misuse of the trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Please be advised that Company actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
Software, Databases and Other Products
We may make software and accompanying documentation, reports or records available for viewing, downloading and/or printing by you from our website. These materials are the copyrighted work of Company, or of the individuals or companiesthat have licensed the software, databases or other products to us. We do not transfer any ownership rights in software, databases or documentation to you when you download it from our website; rather, you are allowed to access the software, data and documentation under the terms of a license agreement as provided by applicable laws. You must read the license agreement that accompanies each product and indicate your agreement to those terms prior to downloading. You are not authorized to attempt to recreate or reverse engineer our software. In addition, software available on our websitemay be subject to United States export controls. By downloading or using such software, you are representing to us that your download of such software complies with these controls.
Company assumes no responsibility for the deletion of or failure to store user postings, messages, submissions or e-mails.
Laws that Govern this Agreement
We operate the Company’s website from its offices within the State of New York in the United States of America. The website can be accessed from any of the United States and from other countries worldwide. Since the laws of each State or country able to access the website may differ, by accessing the website both you and Company agree that the laws and regulations of the State of New York, without regard to choice of law, conflict of law principles and/or long arm statute, will apply to all matters relating to use of our website. Any interactions between you and agents/contractors/employees of Company shall be deemed to have occurred in the State of New York. Notwithstanding the foregoing, to the extent that any consultation(s) obtained through Company are subsequently determined to be outside of the State of New York is agreed to be invalid and you will not rely upon any information/documents/statements arising out of such an interaction.
Class Action Waiver.ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR ATTEMPTED IN COURT (CONTRARY TO, AND IN VIOLATION OF THE ARBITRATION CLAUSE, ABOVE), WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND COMPANY SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.
This website and its contents are intended to comply with the laws and regulations of the United States. Although the information on this website is accessible to users outside of the United States, the information on the website pertaining to Company products or services is intended for use only by residents of the United States and to be governed by the State of New York. Other countries may have laws, rules and regulatory requirements that differ from those in the United States. Company makes no representation that materials on its website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws. Company reserves the right to limit provision of our products or services to any person, entity, geographic region or jurisdiction and/or to limit the quantities of any products or services we provide. Any offer for any product or service made on this website is void where prohibited.
Revised: September 11, 2014
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