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Terms of Use

Main Terms of Use


Medical Emergency. IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY DIAL 911

Welcome to United Concierge Medicine, PLLC, and United Concierge Management, LLC(collectively, the “Company”).The following Terms of Use apply to your use of this website and the information and content available on https://www.unitedconciergemedicine.com/ as well asyour use of any interactive featureson the website and user-submitted content (e.g., live chat, bulletin boards, forums,user discussion groups, etc.).

You can review our Privacy Policy by clicking here.

Company operates a website located at www.upstatevipmedicine.com and other related websites and mobile applications with links to these Terms of Use (collectively, the “site,” “Company’s website” or “this site”).We offer online services (the “Services”) enabling our members (“members”) to report their health history and engage health care providers, including United Concierge Medicine, PLLC (“Health Care Providers”) to obtain non-emergency general medical advice and prescriptions for non-controlled substances (if necessary, as determined by the Health Care Provider and where consistent with applicable law and standards of care) and other general medicine and acute care advice.The following term and conditions (the “Terms of Use”) form a binding agreement between you and us, whether or not you register and become a member or Health Care Provider (each, a “Registered User”) or simply browse the site as a “Visitor”, where “user(s),” “you” or “your” refers to the person accessing or using the site or Services.Registered Users and Visitors may be referred to collectively as “users.”By visiting, registering for, posting content on, submitting information or materials to, accessing, reviewing and/or otherwise using our website, its information and content, and various interactive features (e.g., live chat, bulletin boards, forums, et cetera) you accept, without limitation or qualification, the following Terms of Use, which constitutes an Agreement between you and Company. We may change these terms from time to time. Please read and review these Terms of Use carefully before using this website. If you do not agree to these Terms of Use, you may not access or use the website.

As used in these Terms of Use, “Company” shall include www.upstatevipmedicine.com, United Concierge Medicine, PLLC, United Concierge Management, LLC, its subsidiaries/affiliated/contracted entities, contracted physicians, physician assistants, nurse practitioners, other health care professionals, employees, and contractors, including any professional entity that may render services related to Company, and all of their subsidiary and affiliated entities and companies.Company may be referred to in these Terms of Use as “we,”“us,”“our” and “ourselves.” Users of this website may be referred to in these Terms of Use as “users,” “you” or “your.”

  1. Acceptance Procedure

    By accessing or using our website and/or registering with Company, you agree with all of the terms and conditions of this Terms of Use. You agree to indemnify, defend and hold harmless Company, and each of their managers, members, officers, directors, shareholders, employees and agents, from and against all liabilities, losses, expenses, damages and actual costs (including actual attorney fees), resulting from any violation by you of these Terms of Use.

    We reserve the right, at our sole discretion, to change the terms and conditions of these Terms of Use from time to time, and your continued use of our website constitutes your acceptance of and agreement to any changed terms and conditions. We will post any such changes in a timely manner, and draw your attention to any significant changes. These changes to the Terms of Use notwithstanding, this Terms of Use constitutes the entire agreement of you and Company as to these Terms of Use and is a complete integration of the Terms of Use agreement. Company’s subsequent modifications of the Terms of Use, when published, shall be deemed the entire agreement of you and Company as to these Terms of Use and is a complete integration of the Terms of Use agreement as of the effective date set forth in any such revised terms.

  2. Termination

    By Company. Company reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate your registration(s) with or ability to access interactive features on the website (e.g., live chat, bulletin board/forums) and/or any other service, content, digital products, products or events, provided to you by Company, upon any breach by you of these Terms of Use or otherwise.

  3. 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.

  4. 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.

    1. You understand and agree that Health Care Providers are only providing limited non-emergent services and are not a substitute for seeking the advice of your primary care physician or other qualified health care professionals.
    2. You understand that United Concierge MANAGEMENT is not a Health Care Provider and United Concierge MANAGEMENT does not provide medical, health or other professional services or advice.You understand that Health Care Providers are not employees of United Concierge MANAGEMENT and are not providing services on behalf of United Concierge MANAGEMENT, but instead are independent professionals solely responsible for the services each provides to you.United Concierge MANAGEMENT does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Health Care Providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license.
    3. This site is intended for use only by persons who are at least 18 years of age and with sufficient capacity to consent to these Terms of Use.For individuals who are under age 18, a parent or legal guardian must accept these System Rules and any related consent on his or her behalf.
    4. You understand that your Health Care Provider may send you consultation notes, messages, reports and e-mails via the site regarding the treatment of your condition.Please immediately advise United Concierge MANAGEMENT of any errors in your consultation notes.It is your responsibility to monitor these messages, reports and e-mails.You agree that you will not hold us liable for any injury, loss, or claims of any kind resulting from your failure to read these messages or from your failure to comply with any treatment recommendations contained in these messages.

    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.

  5. Medical Emergency. IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY DIAL 911

  6. Use of Website

    You may use thiswebsite only in accordance with and subject to these Terms of Use and our Privacy Policy. You may not use this website for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Companyor others.You agree that you have been given a limited, non-exclusive, non-transferable right to access the Site and use the Services solely for your personal, non-commercial use only as permitted under these Terms of Use (“Access Rights”).

    Notwithstanding any other rights or restrictions in these Terms of Use, you shall not use thiswebsite to: (1) transmit via or through the website, any information, data, text, images, files, links, or software except in connection with your authorized use of thiswebsite or otherwise in response to specific requests for information by us; (2) violate any laws, third party rights, or Company policies; (3) introduce to thiswebsite or any other computer or website viruses, worms, Trojan horses, and/or harmful code; (4) obtain unauthorized access to any computer system operated by Company or others; (5) impersonate any other person or create a false identity; (6) invade the privacy of any person or entity; (7) misrepresent the identity of a user of Company or use a false email address; (8) tamper with or obtain access to thiswebsite or any element of the website; (9) conduct fraudulent activities; (10) collect or harvest information regarding other users of the Company website for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email; or (11) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature . You shall not create internet “links” to or from the Services or Site.

    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.

  7. 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:

    • Material prohibited by or any conduct that violates any applicable federal, state, local or international law, rule, ordinance or regulation (illegal activity)
    • Material protected by Copyright (Copyright Infringement)Material protected by Trademark (Trademark Infringement)
    • Material protected by Trade Secret (Misappropriation of Trade Secret)
    • Material subject to any third party proprietary rights, including the foregoing examples, and privacy and publicity rights (unless you are the owner of such rights or have permission from their rightful owner to transmit or post the material)
    • Use an inappropriate member name/user identification of any kind. These examples are by no means intended to be exhaustive.
    • Post or otherwise submit language or material that is unlawful, obscene, discriminatory, defamatory, libelous, threatening, harassing, abusive, hateful, harmful, vulgar, profane, sexually oriented (unless within the scope of the topic area of a message board as determined by us in our sole discretion), racially or ethnically offensive, or that encourages conduct that could be considered a criminal offense, give rise to civil liability of you, Company or others, violate any law or regulation, or which is otherwise objectionable or inappropriate.
    • Adult content/pornographyConsumer fraud or any other fraudulent conduct, including a misrepresentation or misleading statement.
    • Post advertisements or solicitations of businessUnethical marketing practices.
    • Chain letters, research studies, survey solicitations, junk mail, “trolling,”“spamming,” commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list.
    • Tortious conduct/interference with a business relationship or contract. The website is to be used by you for your personal use only.
    • Publish falsehoods or misrepresentations that could damage us or any third party.
    • mpersonate another person or entity (whether actual or fictitious, including impersonating an employee or agent of Company) for any purpose.
    • Encourage the medically unnecessary/recreational use of controlled substances or illegal drugs
    • Material violating the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the Standards for Privacy of Individually Identifiable Health Information (the HIPAA Privacy Rule)
    • Links to websites in contravention of any of the above. financial gain (e.g., mass marketing) is strictly prohibited. Commercial uses of the website are strictly prohibited unless our prior written consent has been granted.

    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.

    Company will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person who violates these Terms of Use.

    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.

  8. 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.

  9. 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.

  10. 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.

  11. Sponsorships and Advertising

    You understand that paid sponsorships and advertising may be used to supplement the information, content and materials available onCompany’s website. Company is not responsible for the information, content, advertising, products, services or other materials made available by any third party that are advertised or otherwise distributed through the Companywebsite and statements within such advertisements should not be attributed to Company. Company is not responsible for the content of any third-party sponsor’s or advertiser’s website to which Companylinks. In all cases involving materials available on or otherwise distributed through the Companywebsite, the disclaimers, limitations of liability and other provisions of these Terms of Use shall apply. With respect to any other content, products, goods or services available on any third-party website, under no circumstances will Company be held responsible or liable, directly or indirectly, for any loss, injury or damage of any kind that is caused in connection with the use by you of, or reliance on, any such materials. You should direct any and all issues and concerns to such third party.

  12. Electronic Communication

    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.

  13. Health Privacy Laws: Use by Covered Entities Strictly Prohibited

    BY AGREEING TO THESE TERMS OF USE AND USING COMPANY WEBSITE, ANY AND ALL INDIVIDUALS OR ENTITIES WHO OR WHICH ARE SUBJECT TO HEALTH PRIVACY STATUTES, REGULATIONS OR OTHER PRIVACY LAWS (E.G., “COVERED ENTITIES” UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA), SET FORTH IN 45 C.F.R. PARTS 160 THROUGH 164), HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT, UNLESS OTHERWISE AGREED TO OR DIRECTED BY COMPANY IN WRITING,COMPANY STRICTLY PROHIBITS THEIR ENTRY OF “PROTECTED HEALTH INFORMATION” (PHI) INTO COMPANY’S WEBSITE,WHETHER OR NOT ON BEHALF OF ANY COMPANY USERS OR REGISTRANTS.

    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.

  14. Financial and/or Legal Information

    Any and all financial or legal content available on our website, including but not limited to financial information or data, these Terms of Use and/or Company’s Privacy Policies, legal information (including cases, statutes or regulations), summaries thereof or references thereto, editorial content and advertising, does not constitute investment or legal advice, nor is it an offer to buy or sell or a solicitation of an offer to buy or sell any security. SUCH INFORMATION IS EITHER CONTRACTUAL (THESE TERMS OF USE AND PRIVACY POLICIES) AND/OR PROVIDED FOR PERSONAL USE AND FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT MEANT TO BE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE PROVIDED BY A DULY LICENSED FINANCIAL OR LEGAL PROFESSIONAL. For legal advice or decisions, always consult a licensed attorney. For investment advice or decisions, always consult an appropriate professional investment advisor and/or accountant. Financial or legal content that appears on our website does not indicate that Company endorses such content. In addition, Company makes no representation that financial or legal information is accurate, reliable, current, timely or complete.

  15. 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.

    You further acknowledge that: (i) Company permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights (“Rights”); (ii) these Rights are valid and protected in all media, websites and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Use and applicable copyright, trademark and other laws govern your use of such content. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on the website is not protected by Rights rests with you. You acknowledge that Company may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading or copying such materials.

    In connection with your user postings, messages and submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions topublish and use and authorize Company to publish or otherwise use all trademark, trade secret, copyright or other proprietary rights in and to any and all postings, messages and submissions to enable inclusion and use of the user submissions in the manner contemplated by the website and these Terms of Use; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the user submission to publish and use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the user submission in the manner contemplated by the website and these Terms of Use; and (iii) consistent with the global indemnification provision(s), in Paragraph One, above and Paragraph 17, below, will indemnify Company for any damages, costs and/or attorney fees arising out of violation of this affirmation/representation/warranty.

    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
    Subject: Copyright (or Other) Infringement
    5 South Side Dr., Ste. 11-164
    Clifton Park, NY 12065

    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.

  16. 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.

  17. 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.

  18. Message Storage

    Company assumes no responsibility for the deletion of or failure to store user postings, messages, submissions or e-mails.

  19. Indemnification

    You agree to indemnify and hold Company, their subsidiaries, affiliates, and each of their managers, members, officers, directors, shareholders, employees and agents harmless from any claim or demand made by any third party due to or arising out of your use of the website, the violation of these Terms of Use by you, or the infringement by you, or any other user of your registration (whether or not authorized), of any intellectual property or any other right of any person or entity.

  20. Remedies for Breach of these Terms of Use by You

    In the event that Company determines, in its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the website, Company reserves the right to (i) warn you via e-mail (to any e-mail address you have provided to Company) that you have violated these Terms of Use; (ii) delete any or all content provided by you or your agent(s) to the website; (iii) cancel/discontinue your registration(s) with the website; (iv) discontinue your subscription to any digital product, product, event, content, tool or service purchased through the website; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities and agencies for further action; and/or (vi) take any other action which Company deems to be appropriate.

    If your registration(s) with or ability to access the website and/or any other service, content, event, tool or digital product provided to you by Company is discontinued by company due to your violation of any portion of these Terms of Use or for conduct otherwise inappropriate for the website, then you agree that you shall not attempt to re-register with or access the website and/or any other digital product, content or service provided by Company, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, events, content and services to which your access has been terminated, or subscription fees to the website overall.

  21. 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.

    Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such arbitration shall take place inSaratogaCounty, New York.

    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.

    If any provision of these Terms of Use is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions.

Contacting us.If you have any questions or concerns about these Terms of Useor need to deliver to us updated information regarding your Account, please email us at customersupport@upstateVIPmedicine.com, call us at(1-844) 4-VIP-DOC ((844) 484-7362), or write to us at 5 South Side Dr., Ste. 11-164, Clifton Park, NY 12065. We will attempt to respond to your questions or concerns promptly after we receive them.

Revised: September 11, 2014
4828-6678-8636, v. 4

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