PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
1. OVERVIEW
This Terms of Service Agreement (this “Agreement”) is entered into by and between Island Neuro Care, Inc., (“INC”) a New York Professional Corporation and you. It is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance. This Agreement explicitly enumerates the general terms and conditions of your use of the Site and the products and services offered by “INC” and purchased or accessed through this Site (individually and collectively, the “Services”), and is in addition to (not excluding) any specific terms and conditions that apply to the particular Services.
Regardless of your intent of visiting this webpage, whether just perusal of our listed services or their use, or making payments for the medical services rendered to you by “INC”, the usage of this webpage and consent of this Agreement through electronic acceptance, signifies that you have read, understood and acknowledge and agree to be bound by this Agreement, along with the following policies and the applicable service agreements, which are incorporated herein.
The terms “we”, “us” or “our” shall refer to “INC”. Wherever it is mentioned in terms of “you”, “your”, “user” or “customer” infers to any individual or entity who consents with this Agreement by having read the terms and conditions mentioned therein and/or through electronic acceptance, and/or having access or uses your account or Services as rendered by “INC”. No clause or statement mentioned in this Agreement shall be conceived to confer any third-party rights or benefits.
“INC”, in its sole and unfettered discretion, may decide, if deemed necessary, to make adjustments or modifications to this Agreement, and any policies or clauses which are included herein, at any time, and the aforementioned modifications shall be effective immediately as they are published to this Site. The usage of this Site and/or the Services rendered by “INC” after said modifications have been made shall infer and establish your acceptance to the terms of this Agreement as last revised. In the case that you do not agree to be bound by this Agreement as last revised, it shall be in your best interest to discontinue the usage of this Site or the Services as rendered by “INC”.
2. ELIGIBILITY; AUTHORITY
This Site and the Services are available only to Users 18 years or older. If you are below that age, you are not allowed to use the Services offered. You must not be barred from using the Services by any law of judgment of any jurisdiction under the laws of the United States. “INC” only offers medical services to individuals based in the United States only. You may be an individual visiting United States and may have been rendered Services by “INC” while you are/were in the United States. This Site is meant to provide information about “INC” and allow the individual who received the Services or his/her representative to make payment on behalf of the person who received the Services from “INC” to make payments for such Services.
If you are representative of a corporate entity and are making payment on behalf of an individual who has received services from, “INC”, you represent and warrant that you have the legal authority to make such payments on behalf of the individual who has received services by, “INC”. The terms “you”, “your”, “User” or “customer” shall refer to such corporate entity making payments. If, after your electronic acceptance of this Agreement, “INC” finds that you do not have the legal authority to represent the individual who has received services by, “INC”, you will be solely responsible for the binding obligations contained in this Agreement, including, without limitation to, the obligations of payment for services rendered by “INC”. “INC” shall not be held accountable for any loss or damage resulting from “INC’s” reliance on any instruction, notice, document or communication believed within reason by “INC” to be authentic and originating from an authorized representative of your personal or corporate entity. If there arises a reasonable uncertainty about the authenticity of any such instruction, notice, document or communication, “INC” is entitled to the right (but undertakes no obligation or responsibility) to require additional authentication from you. Furthermore, it is established that you have consented to be bound by the terms included within this Agreement for transactions entered into by you, anyone masquerading as your agent and anyone who has access and/or uses your account or associated Services, whether or not authorized by you.
3. ACCOUNTS
In order to make payment on your own behalf or on behalf or an individual who received medical services from, “INC”, you are required to create an Account by submitting the mandatory information like date of service, first name and last name, date of birth and social security number. You represent and warrant to “INC” that all information you submit during the creation of your Account is precisely correct and updated in its entirety, and that you will keep your Account information precise, correct and updated in its entirety. If “INC” comes across reasonable doubt that your Account information is untrue, inaccurate, out-of-date or incomplete, “INC” is entitled to the right, in its sole and unfettered discretion, to suspend or terminate your Account. You are solely accountable for the activities that occur or arise on your Account, irrespective of your authorization, and you must keep your Account information secure, including without limitation your patient ID/login, password if any, Payment Method(s) (as defined below). You must report to “INC” immediately in case of any arisen vulnerability, breach of security or unauthorized use of your Account. “INC” will not be accountable for any loss you incur as a result of any unauthorized use of your Account. You, however, may be accountable for any loss “INC” or others incur triggered by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
If you are making a payment from abroad for yourself or on behalf on an individual who has received Services from “INC”, please make sure that our office is promptly notified by email or by phone to inform us of such payments before they are made.
4. AVAILABILITY OF WEBSITE/SERVICES
Subject to the terms and conditions of Agreement stated herein, inclusive of our other policies and methodology of proceedings, we shall utilize commercially reasonable efforts to attempt to make this Site and the Services available on a twenty-four (24) hours a day, seven (7) days a week schedule. You hereby agree and acknowledge that occasionally, on fractional percentage of down time, unlikely but possible, this Site may be inaccessible or inoperable for any reason including, without limitation to, technical difficulties, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake occasionally, act of God, causes beyond our reasonable control or that are not reasonably predictable including, without limitation to, interruption or failure of telecommunication or digital transmission links, unpreventable hostile network attacks, network congestion or other malfunctions. You agree and acknowledge that we possess limited control over the operational availability of this Site or the Service on a guaranteed perpetual continuity, and in case of such disruptions, we assume no accountability to you or any other party.
5. GENERAL RULES OF CONDUCT
You acknowledge and agree that:
1. Your use of this website and therefore the Services , together with any content you submit, will be within the limits of the laws of the State, both local and International.
2. You will not collect or harvest or try to thereof, (or allow anyone else to gather or harvest) any User Content (as outlined below) or any private or personal information of another User or other person, unless authorized to do so by that person or individual in writing.
3. “INC” will decide in its sole discretion the rules of use of this website. You agree that you will comply with those rules. The following rules will apply but may change from time to time:
o Any activity that encourages, gets involved with, promotes or endorses illicit and illegal acts is prohibited;
o Any activity that encourages or engages in any spam or other uninvited bulk email, or computer or network hacking or cracking is not allowed;
o User shall not use the Site for the sale of illicit drugs or its distribution;
o User shall not infringe on the intellectual property rights of another User or any other person or entity or this website;
o User shall not violates the privacy or publicity rights of another User or any other person or entity;
o User shall not breach any obligation of confidentiality that the User has been privileged for such information by any other User, individual or entity;
o User shall not act in a way to interfere with the operation of this web site or the Services offered by this Site;
o User shall not install any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the operational capacity of this Site;
o User shall not use false or deceptive language, or uncorroborated or unsubstantiated accusations and claims, relating to “INC” or “INC’s” Services.
4. User shall not copy or distribute in any medium any part of this website, except wherever expressly given permission by “INC”.
5. User shall not modify or alter any part of this website or the Services found at this website or any of its connected technologies.
6. User shall provide, if required by law or according to standard practice of medicine, a government-issued photographic identification and/or government-issued business identification as needed for verification of identity when requested.
7. User shall be aware that “INC” might from time-to-time call the User regarding his/her account, and that, for the needs of any and all such call(s), “INC’s” staff and representatives shall discuss protected healthcare data (under HIPAA). The User hereby consents to permit “INC” in its sole discretion, to record, in entirety, the duration of such calls in spite of whether or not “INC” asks you on any explicit call for consent to record such call. User additionally acknowledge and agree that, to the extent permissible by applicable law, any such recording(s) could also be submitted as proof in any legal process within which, INC” may be a party and is remitted by law to reveal such data.
6. YOUR USE OF INC CONTENT AND USER CONTENT OF THIS SITE
This Site and its contents are the intellectual property of “INC”. This, however, does not include the information stored as Users’ (INC’s existing patients and/or prospective patients). All of the contents of this Site that include among other things, text, graphics, software, audios, videos, pictures, logos, programming codes, are all the intellectual property of “INC”. The software used by “INC” on this Site may be their own or licensed. This ownership of intellectual property is perpetual and is governed under intellectual property rights as protected under US Laws. “INC” offers this site and its intellectual property “as is”, “as available” and may have “faults” with no guarantees of its functionality. “INC” offers this site to the Users for their private, non-commercial use solely to facilitate their obligations of payments to “INC” as well as to provide information to Users (prospective patients) about “INC”.
Agreement of use of this Site explicitly implies that by its use, there shall not be any license as to the transfer of any property, copyrights or proprietary rights. Consequently, the information of this Site, its texts, audios, videos, software, APIs, ideas, opinions, comments, shall not be copied, distributed, published or used in any way.
This Site may have an option to post comments. A User who wants to post comments must be a patient of “INC” and must have been rendered medical service by “INC”. If you are not a patient, you are not allowed to post any comments, opinions, recommendations, or advice.
7. LINKS TO THIRD-PARTY WEBSITES
This website and therefore the services rendered by “INC” through this website may comprise of links to third-party websites that are not owned or controlled by “INC”. “INC” assumes no accountability for the textual or graphic content, terms and conditions, privacy policies, or practices of any off-page link, i.e. website that is now owned by “INC”. Furthermore, “INC” does not prohibit viewership or edit the content of any such third-party website. With the usage of our website and therefore the service as rendered by “INC” through this website, you expressly and explicitly release “INC” from any and all liability that may arise from your usage of any third-party websites. Once you leave this website, you will not be governed by this agreement and “INC” will have no obligation for any aforementioned governance.
8. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU CATEGORICALLY AND EXPLICITLY ACKNOWLEDGE AND GIVE CONSENT THAT YOUR USE OF THIS WEBSITE AND THE INFORMATION AND SERVICES FOUND AT THIS WEBSITE SHALL BE AT YOUR PERSONAL RESPONSIBILITY AND RISK AND THAT THIS WEBSITE AND THE INFORMATION AND SERVICES FOUND AT THIS WEBSITE ARE MADE AVAILABLE “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. EXCEPT IN CASE THAT YOU BECOME A PATIENT OF “INC” AND VISIT THEM IN PERSON AND ARE PROVIDED MEDICAL SERVICES, THIS SITE SHALL NOT BE HELD RESPONSIBLE FOR ITS OFFERINGS, CLAIMS AND CONTENTS.
PLEASE BE AWARE THAT THE INFORMATION ON THIS SITE MAY NOT BE FULLY ACCURATE WITH THE ACTUAL MEDICAL SERVICES RENDERED. THIS MAY BE DUE TO INABILITY OF THE PHYSICIAN’S TECHNICAL OR TIME RESOURCE WHICH MAY BE LIMITED OR NOT AVAILABLE IMMEDIATELY.
FOR ALL MEDICAL RELATED ISSUES, INFORMATION AND DIS-AGREEMENTS, YOU MAY HAVE AND WOULD LIKE TO EXPRESS THEM AND DISCUSS THEM, YOU HAVE TO BE RENDERED MEDICAL SERVICES BY “INC” FIRST.
PAYMENTS MADE ON THIS SITE ARE ONLY ALLOWED FOR PATIENTS OF “INC” AFTER THEY ARE SEEN BY “INC” AND RENDERED MEDICAL SERVICES THEREAT. THEREFORE, ALL PAYMENTS MADE SHALL ONLY BE POST PAID. THERE SHALL NOT BE ANY ADVANCE PAYMENTS MADE AT THIS SITE.
THIS SITE’S PATIENT PAYMENT GATEWAY IS MEANT TO BE USED BY PATIENTS OF “INC’. PATIENT SHALL PAY THE BALANCE OWED TO “INC”.
THERE MAY BE A SITUATION WHERE A PAYMENT MADE TO “INC” AT THIS SITE BY A PATIENT MAY HAVE TO REFUNDED TO THE PATIENT. WE OFFER AN CONDITIONAL GUARANTEE THAT ALL SUCH PAYMENTS, IF DETERMINED TO HAVE BEEN MADE IN ERROR, SHALL BE REFUNDED IMMEDIATELY.THIS SITE SHALL ONLY REFUND THE MONEY PAID AT THIS SITE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT AS PERMISSIBLE BY THE LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS WEBSITE OR THE INFORMATION AND SERVICES FOUND AT THIS WEBSITE.
9. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL “INC”, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION TO, ANY THAT MAY RESULT FROM (I) THE PRECISENESS, COMPLETENESS, OR CONTENT OF THIS WEBSITE, (II) THE PRECISENESS, COMPLETENESS, OR CONTENT OF ANY WEBSITES CONNECTED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHER MEANS) TO THIS WEBSITE, (III) THE SERVICES RENDERED BY “INC” THROUGH THIS WEBSITE OR ANY WEBSITES CONNECTED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHER MEANS) TO THIS WEBSITE, (IV) PERSONAL HARM OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY OPERATIONAL BEHAVIOUR OF ANY NATURE WHATSOEVER, (VI) ANY ILLEGITIMATE OR UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PRIVTE DATA, FINANCIAL DATA OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY SUSPENSION, INTERMISSION OR CESSATION OF SERVICES TO OR FROM THIS WEBSITE OR ANY WEBSITES CONNECTED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR SUCH FRAUDULENT PIECES OF CODE/SOFTWARE, WHICH MAY BE TRANSMITTED TO OR FROM THIS WEBSITE OR ANY WEBSITES CONNECTED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, (IX) ANY USER CONTENT OR CONTENT THAT IS INACCURATE OR INCOMPLETE AS TO THE SERVICES “INC” PROVIDES (X) ANY DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE OR ILLEGAL MATERIAL FOUND AT THIS WEBSITE DUE TO HACKING OR DUE TO ILLEGAL ACTIVITY, AND/OR (XI) ANY LOSS OR DAMAGE OF ANY TYPE INCURRED, CAUSED BY YOUR USE OF THE INFORMATION AT THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT “INC” IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHERMORE, YOU CATEGORICALLY ACKNOWLEDGE AND GIVE EXPLICIT CONSENT THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION AND SERVICES FOUND AT THIS WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE INDEFINITELY BARRED.
FURTHERMORE, YOU CATEGORICALLY ACKNOWLEDGE AND GIVE EXPLICIT CONSENT THAT UNDER NO CIRCUMSTANCS OF OCCURRENCE BECAUSE OF THE INFORMATION AND SERVICES PROVIDED AT THIS SITE, “INC’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED $1,000.00 U.S. DOLLARS. PLEASE NOTE CAREFULLY THAT THIS LIABILITY IS FOR THE CONETNTS AND INFORMATION OF THIS WEBSITE AND NOT FOR ANY MEDICAL MALPRACTICE ONCE MEDICAL SERVICES ARE PERSONALLY RENDERED AT THE PHYSICAL LOCATION OF “INC”.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT AS PERMISSABLE BY LAW, AND SHALL SUSTAIN ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS WEBSITE OR THE SERVICES RENDERED BY “INC” THROUGH THIS WEBSITE.
10. INDEMNITY
You conform to protect, defend, indemnify and hold harmless “INC” and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, but not limited to, reasonable attorneys’ fees) imposed upon or incurred by “INC” directly or indirectly caused by (i) your use of and access to this website or the Information and Services rendered by “INC” through this website; (ii) your infraction of any clause within this Agreement or the policies or agreements which are included herein; and/or (iii) your infraction of any third-party right, including, but not limited to, any intellectual property or other proprietary right. The indemnification obligations under this section shall sustain any termination or expiration of this Agreement or your use of this website or the Services rendered by “INC” through this website.
11. DISCONTINUED SERVICES OR NON AVAILIBILITY OF MEDICAL SERVICES
AT INC
“INC” reserves the right to cease offering or providing any of the Medical Services at its physical location at any instance of time, for any or no reason, and without prior notice. Although “INC” makes great effort to maximize the availability of all its Services, there may be occasions when Medical Services INC offers may be discontinued or may not be operable or available until an undetermined period of time.
12. GENERAL
If this website, for any reason fails to charge your account after you have made a payment for medical services, you may be liable for the amount still owed to “INC” for the medical services that failed to be processed by this website.
13. REFUND POLICY
Payments made at this website for the medical services provided by “INC” are unconditionally and fully refundable if such payments were made in error or a refund was necessitated due to payment received by your medical insurance.
14. ELECTRONIC CHECK
This website may or may not offer ACH debits to your account via electronic check.
15. NO THIRD-PARTY BENEFICIARIES
Nothing inferred in this Agreement shall be deemed to confer any third-party rights or benefits.
16. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all
purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
17. CONTACT INFORMATION
If you have any questions about this Agreement, please contact us by email or regular mail at the following address:
Island Neuro Care, P.C.
924 N. Broadway
Massapequa, NY 11758
Info@IslandNeuroCare.com
