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Terms and Conditions

 
 

Website Conditions of Use

By using www.karenlitzy.com, you agree to these conditions of use.  If you do not agree, do not use this website.  Karen Litzy Physical Therapy PLLC, and its principals, employees, agents, and contractors (“the Practice”).

By using this website, you consent to the collection, use, and disclosure of your information as described in the website privacy policy. The Practice may change these conditions of use without notice, and your continued use signifies that you agree to be bound by any changes.

This website does not provide medical advice.

All content on this website, including text, images, Social Media (as it is defined in this website’s privacy policy), and any information obtained from the Practice’s licensors or third-parties (collectively the “Content”) are for informational and educational purposes only. 

None of the content on this website constitutes medical advice.  If you have concerns about any medical condition, diagnosis, or treatment, you should consult with a licensed healthcare provider.  In case of medical emergency, you should call 911 immediately.

This website does not create or constitute a provider-patient relationship.  This means that you explicitly acknowledge that your use of this website does not create a provider-patient relationship between you and any provider of the Practice and does not create any duty for any provider to follow up with you.

Permitted use of the Content.

Unless otherwise expressly stated, the Content is owned by the Practice or its licensors and is protected by United States’ and worldwide copyright laws and treaty provisions.

Subject to your compliance with these conditions of use, and provided that you do not modify, delete, or change any copyright, trademark, or other proprietary notices, you may download one copy of the Content for your personal and non-commercial use.

Except as provided above, you may not copy, reproduce, modify, use, republish, upload, post, transmit or distribute any of the Content, including any trademarks, names or logo, and you may not redeliver or present any of the pages, text, images or the Content using “framing” technology, nor systematically retrieve data, information, or the Content to create a collection, compilation, database, or directory.

All rights not expressly granted are reserved to the Practice.

This website in not intended for children.

This website is not intended or designed to attract children under the age of 13. The Practice does not collect personally identifiable information from any person known by the Practice to be a child under the age of 13.  Without parental consent, the Practice will not knowingly disclose contact information relating to a child under the age 13 to any third-party in any form which can be traced back to the child.

Disclaimer of liability and no warranty.

ALL INFORMATION IN THIS SITE IS PROVIDED FREE AND “AS IS.” ACCORDINGLY, the Practice MAKEs NO REPRESENTATIONS OR WARRANTIES (INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES) OF ANY KIND, WITH RESPECT TO THE CONTENT OR OTHERWISE REGARDING THIS website OR ANY LINKED WEBSITE. TO THE FULL EXTENT PERMITTED by LAW, the Practice DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. the Practice GIVES NO WARRANTY AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, TIMELINESS, OR AVAILABILITY OF THIS WEBSITE OR the CONTENT OR OF ANY LINKED WEBSITE.

Your use of this website signifies that you assume the risk of accessing and using the information it provides.  The Practice does not guarantee the information provided on this website and is not responsible for any errors or omissions in the information provided.

You agree that the Practice is not responsible to you or others for any loss or damages that results from your use (or nonuse) of this website or linked third-party website, including but not limited to, direct, indirect, special, consequential, compensatory damage, incidental damage, lost profits or data, damages to your computer resulting from viruses, loss of or damage to other property, or claims of third parties, copying or display of this website or its contents, regardless of whether the Practice has been advised or knew or should have known of the possibility of such damages or claims.

Your sole and exclusive remedy against the Practice is to stop using this website.

Without limiting the preceding paragraphs, you expressly release the Practice of any responsibility and/or liability relating to your use of this website, linked websites, or information contained in this website or linked websites, including any liability or responsibility pertaining to the use, administration, and the use and/or disclosure of your information in accordance with this website privacy policy.

Information you provide to the Practice.

The Practice has the right (but not the duty) to monitor your use of this website, including any information you provide.  Any information you send to the Practice by email may be misdirected or intercepted by unintended recipients, and thus it may not constitute a confidential medium of communication. If you have confidentiality concerns, please consider using an alternative mode of communication and do not transmit any sensitive or confidential information to us via email.

If you elect to communicate with the Practice by email, you agree that email transmission is used for your convenience.  The Practice does not warrant the confidentiality or security of any email transmission.

You are responsible for all information you send through this website.  This means that you agree not transmit information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invades the privacy of another person, or any other information that violates any law or confidentiality agreement.  The Practice may edit, delete, modify, or ban such information, and/or take necessary legal action.

Links to third-party websites.

Through hypertext or other computer links, you may access third-party websites from this website.  Third-party websites are unrelated to, and not maintained by, the Practice.

You agree that the Practice has no responsibility for the content of such websites, regardless of whether your access is provided by us or another third-party, and does not warrant the accuracy, timeliness, or suitability of the content of any third-party website.

You acknowledge the Practice does not endorse the products or services of linked third-party websites, or the third-party website’s sponsoring organization.  Your sole and exclusive remedy for claims arising from any such third-party products or services is against the third-party provider, and not the Practice.

The Practice hereby grants third-party websites the limited right to link to this website.  This limited license does not grant the right to “framing” of the Content or grant any other activity that could create a misimpression or confusion among users with respect to sponsorship or affiliation.

Submissions of information.

Do not submit any ideas, suggestions, materials, concepts, or other information (collectively “Information”) to the Practice relating to the website.  If, nevertheless, you do send the Practice any Information, it will become the Practice’s property.   This means that the Practice will have unrestricted use of it for any purpose (including commercial).  You will not be compensated, and the Practice will not be liable to you or any other provider of the Information.

You agree: (1) to waive your rights in any Information, (2) to warrant that it is original to you, (3) that you have the right to submit it to the Practice, and (4) that you have no recourse against the Practice for any alleged or actual infringement or misappropriation of any proprietary right in any Information.

The Practice does not have any obligation of confidence to any Information submitted, and the Practice disclaims any liability for disclosure of any Information.

You further agree not to:

·       Transmit any Information that contains any viruses or other computer programming routines that may damage, interfere with, intercept, or take any system, data, or personal information;

·       Impose an unreasonably large amount of Information on this website or otherwise interfere with or inhibit any other user from using or enjoying this website;

·       Transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communications;

·       Access, use, or copy any portion of the Content using automated mechanisms, such as bots, spiders, scrapers, web crawlers, or indexing agents; and/or

·       Impersonate another person, or allow any other person or entity to use your identification for interacting on the Practice’s Social Media (as defined in the website privacy policy).

If you send health information to the Practice to obtain an appointment with one of the Practice’s providers, you agree that such information will be provided to that provider.

Indemnification of the Practice for claims arising from your use of the website.

You agree that you will indemnify the Practice against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorney fees and costs) arising out of any claims by a third-party relating to your use of this website.

Operation of the website.

The Practice uses reasonable commercial efforts to keep this website available for access on a 24-hour-a-day, seven-day-a-week basis, subject to scheduled downtime for maintenance purposes, unscheduled maintenance, and systems outages.  The Practice, however, does not provide any assurance or warranty that: (1) access will always be available, (2) service will be uninterrupted, (3) its operation will be error-free, (4) defects will be corrected, or (5) the servers that operate the website are free from viruses or other harmful components.

You agree to assume the entire cost of all servicing, repair, or correction to your property arising from your use.

Privacy and security.

The Practice uses its best efforts to comply with all applicable laws concerning privacy of online communications.  You, however, acknowledge that the Internet is neither more nor less secure than other communications media, including mail, facsimile, and telephone services, all of which can be intercepted and otherwise compromised.  Thus, as a matter of prudence, you should assume that all internet communications are unsecure.  For more details, read the Practice’s website privacy policy. 

Proprietary rights.

The Content on this website is protected by applicable copyrights, trademarks, service marks, patents, or by other proprietary rights and laws.  You agree not to sell, license, rent, modify, copy, distribute, reproduce, transmit, redistribute, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Content.  Your use of the Content for any purpose that is not expressly permitted in the privacy policy or these conditions of use is prohibited.

Reproduction, copying, or redistribution for commercial purposes of any of the Content is prohibited.

Applicable Law and enforcement of conditions of use.

The laws of the state of New York, without giving effect to its principles of conflicts of law, govern all adversarial proceedings arising out of these conditions of use.  If you take legal action relating to the privacy policy or these conditions of use or your interactions with or relationship to the Practice relating to this website, you agree to file such action only in the state and federal courts located in the State of New York.

You agree that: (1) if any provision of this agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded; (2) that if an unenforceable provision is modified or disregarded in accordance with this paragraph, then the rest of these conditions of use will remain in effect as written; and (3) that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.

No waiver of any of the privacy policy or these conditions of use shall be effective unless it is in writing and signed by an authorized representative of the Practice and no such waiver writing shall be deemed a further or continuing waiver of such term or any other term or condition. 

The privacy policy and these conditions of use constitute the entire agreement between you and the Practice, relating to your use of this website.

Amendments and Modifications

The Practice may change the privacy policies and/or these conditions of use or the Content at any time and without prior notice. If you use this website after any changes, you agree to be bound by the changes.

Copyright © 2016 Karen Litzy Physical Therapy PLLC. All rights reserved.