Medical Disclaimer and Informed Consent
You acknowledge and agree that the services, advice, recommendations, content, and media (collective, the “Content”) offered by us, our owners, members, shareholders, partners, managers, directors, officers, employees, independent contractors, and agents is not medical advice or care, and that, by visiting this Website, no patient-physician/practitioner relationship is being established by You visiting or using this Website. You acknowledge and agree that the Content being provided on this Website is educational information only. A physician/patient relationship may only be established after You are evaluated/treated at our office and even then, whether a physician/patient relationship has been established will be based on the particular facts and circumstances. If You think You may have a medical emergency, go to the nearest hospital emergency department, or call 911 immediately.
The Content contained on this Website is not intended to recommend the self-management of health problems or wellness, nor is it intended to endorse or recommend any particular type of medical treatment. Should You have any health care related questions, promptly call or consult Your physician or healthcare provider. No Content contained on this Website should be used by You to disregard medical and/or health related advice or provide a basis to delay consultation with a physician or a qualified healthcare provider.
Legal Provisions
Application of this Privacy and Disclaimer Notice
This Privacy and Disclaimer Notice applies only to the privacy of users of our Website. If You follow links and move from our Website to external Websites owned or operated by other entities or individuals, You should read the privacy policies of those external websites carefully. The terms by which the owners or operators of those websites manage Your information could differ from how our Website manages your information. Our Website is not responsible for the practices of these third parties.
Assignment
Your information will remain subject to the terms of this Privacy and Disclaimer Notice even if the Website undergoes an organizational transition. However, we may transfer Your information to a successor entity upon a merger, consolidation, or other reorganization. You hereby consent to such transfers and we may assign and transfer all of the rights, benefits, duties, and obligations of this Privacy and Disclaimer Notice, including our ownership of Your Private Information under the circumstances described in this paragraph.
Governing Law and Arbitration
This Privacy and Disclaimer Notice is governed by the laws of the State of New York. If You believe we have violated this Privacy and Disclaimer Notice, please contact us at Call (212) 751-5665. If we do not satisfy Your concerns regarding any alleged violation and You wish to pursue a claim against us, You agree to engage in mediation in the event that direct negotiations fail to resolve Your concerns. The period for mediation shall be thirty (30) days unless the parties mutually agree to an extension. If mediation fails, the parties will arbitrate the dispute pursuant to the applicable rules of the Judicial Arbitration and Mediation Services (“JAMS”). Any arbitration shall take place in New York, before an arbitrator chosen by the parties from JAMS. Any award shall be final, binding, and conclusive upon the parties, and a judgment rendered thereon may be entered in any court having jurisdiction thereof. The arbitrator may award any form of remedy or relief (including injunctive relief, such as temporary restraining orders, preliminary and permanent injunctions) that would otherwise be available in court. Any award pursuant to said arbitration shall be accompanied by a written opinion of the arbitrator setting forth the reason for the award. To the extent not inconsistent with applicable laws, the arbitrator will have the authority to hear and grant motions and applications, including on an ex parte or expedited basis. The award rendered by the arbitrator shall be conclusive and binding upon the parties hereto, and judgment upon the award may be entered, and enforcement may be sought in, any court of competent jurisdiction. The prevailing party in any dispute relating to this Privacy and Disclaimer Notice shall be entitled to recover associated costs, including reasonable attorneys’ fees.
To the fullest extent permitted by applicable law, no arbitration under this Privacy and Disclaimer Notice shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.
If You wish to seek clarification on the above matters please do not hesitate to get in touch with us at Call (212) 751-5665