Terms of Use
IMPORTANT: Daria Blyskal, MD (“Practice”) is not a health insurance company and is not licensed to sell health insurance.
Introduction
www.dariablyskalmd.com is a website that offers online health care information and services (the “Services”) provided by Practice its affiliates or organizations, successors, assigns or licensees, together with any of their respective officers, directors and employees (“Practice”). Use of the Site and its Services is governed by the terms and conditions of this agreement (“Terms and Conditions” or “Agreement”). Throughout this Agreement, Practice is referred to as “we” or “us.” Individuals accessing the Site and its Services shall be referred to as “You” or “User(s)”.
Please read this Agreement carefully before accessing the Site or using the Services.
General Terms and Conditions
All Users must be 18 years of age or older.
By accepting the Terms and Conditions, You warrant that You have fully read and understood the Terms and Conditions without any impairment in judgment resulting from (but not limited to) mental illness, mental handicap, intoxication, medication, or any other health or other problem that could impair judgment.
Your access and use of the Site and the Services bind You to this Agreement. If You do not agree to the Terms and Conditions for the Site and the Services, You may not use the Site or the Services.
We may modify the Terms and Conditions at any time. Any modifications made will be effective immediately upon posting on the Site. You agree to review the Terms and Conditions posted on the Site each time You access the Site and/or use the Services so that You are aware of any modifications made to the Terms and Conditions.
Disclaimer
THE SERVICES AND ANY INFORMATION CONTAINED ON THE SITE OR PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. WE WILL REGARD ALL ACCESS TO AND USE OF THIS SITE AS VOLUNTARY AND AT THE SOLE RISK OF THE USER.
This Site and its Services provide access to a database of medical information with a higher level of specificity than usually found online. We advise Users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of something You have read on this Site. If You have or suspect that You have a medical problem or condition, please contact a qualified health care professional immediately. If You are experiencing an emergency, please dial 911 or call for emergency medical help on the nearest telephone. Nothing contained in the Site is or should be considered, or used as a substitute for, individual medical advice, diagnosis or treatment. The Services provided on this Site are here to educate consumers on health care and medical issues that may affect their daily lives. This Site and its Services are not intended to be used to:
Treat a medical emergency or acute medical condition, provide a final diagnosis and initiate a treatment plan, or issue medication by prescription; or,
Advise or resolve medical issues outside the scope of what has been agreed to or provided.
WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. We do not guarantee continuous, uninterrupted or secure access to the Services, and operation of the Site may be interfered with by numerous factors outside of our control.
You agree that Practice does not constitute a service that targets any one community, user group, business or industry. Practice is not “doing business” in any specific jurisdiction or soliciting business or establishing “minimum contacts” with any jurisdiction outside of the State of New York.
We do not operate, control, supply, endorse, warrant or guarantee any information, products, services or merchandise that is not clearly identified as information, products, services or merchandise supplied by us. We also do not warrant or guarantee that files available for downloading through the Services will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties.
We, and our content providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. Users of this Site are responsible for maintaining a means external to Practice for the reconstruction of any lost data.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or its Services, or any part thereof, with or without notice.
Warranties and Limitation of Liability
WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE SERVICES OR ON THE SITE GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
Practice IS NOT LIABLE TO ANY USER, OR ANY THIRD PARTY, FOR ANY DECISION MADE OR ACTION TAKEN BY, ANY USER, OR ANYONE ELSE:
BASED ON INFORMATION CONTAINED ON THE SITE OR PROVIDED THROUGH THE SERVICES; OR,
DUE TO RELIANCE UPON INFORMATION CONTAINED ON THE SITE OR PROVIDED THROUGH THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE AND ANY OF ITS CONTENT, MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.
Children’s Privacy
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children, or anyone under the age of 18. We do not knowingly collect personally identifiable information from any person who is a child under the age of 18.
Governing Law and Venue
This Agreement is entered into between You and Practice in the State of New York, and is performed within the State of New York and governed by and shall be construed in all respects under the laws of the State of New York, exclusive of its choice of law or conflict of laws provisions. In any claim or action by You directly or indirectly arising under this Agreement or related to the Services, You irrevocably agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Suffolk County, or the Eastern District of New York. You waive any jurisdictional, venue or inconvenient forum objections to such court.
If any of the provisions of this Agreement are held to be unenforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
This Agreement constitutes the entire agreement between You and Practice relating to the access and use of the Site and any of its Services. This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement. Anything contained on the Site or its Services inconsistent with or conflicting with the terms of this Agreement is superseded by the terms of this Agreement.
Rights, Remedy, and Termination of Services
Practice may, in its sole discretion, terminate your access to the Services, or any portion thereof, or discontinue providing the Site, or any portion thereof. Practice may notify You that You have breached the Agreement and your access is being terminated. These actions are in addition to and not in lieu or limitation of any other right or remedy Practice may have available at law. Further, Practice shall not be liable to You or any third party for any such termination or discontinuance.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Practice SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR INJURY, ILLNESS, DISABILITY, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Practice HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Practice EXCEED THE TOTAL AMOUNT OF FEES PREVIOUSLY PAID BY YOU TO Practice RELATING TO THE AFFECTED SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Your sole and exclusive remedy for dissatisfaction with the Services or with this Site will be to stop using the Services.
Assignment
You agree that these Terms and Conditions and all incorporated agreements between Practice and You may be automatically assigned by Practice, in its sole discretion, to a third party in the event of a merger, acquisition or liquidation.
Waiver and Severability of Terms
The failure of Practice to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions shall remain in full force and effect.
Proprietary Rights
The materials on the Site are copyrighted by Practice and/or other applicable rights holders. You acknowledge and agree that the Site and any necessary software used in connection with the Site (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any content contained in sponsor advertisements or information presented to You through the Site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Practice or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part. You may download and reprint a single copy of the materials from the Site and/or the Services for your own personal, noncommercial use only, provided You include all applicable notices and disclaimers. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by Practice for use in accessing the Site. You shall not, in whole or in part, adapt, translate, modify, decompile, reverse engineer, or disassemble the Site, merge the Site into other program material, nor shall You otherwise create or attempt to obtain the source code of the Software.
Special Admonitions for International Use
Recognizing the global nature of the Internet, You agree to comply with federal, state and all local rules regarding online conduct and acceptable content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside.
Complete Agreement
The Terms and Conditions, the Privacy Policy, the Membership Agreement, and all associated and incorporated agreements (collectively the “Agreements”) which together set forth the relationship between You and Practice are intended to be read concurrently.
The Agreements constitute the entire agreement between You and Practice with respect to the use of the Site and its Services.
Amendment
Practice may modify, amend, and/or alter this Agreement at any time and from time to time with or without notice.
You and Practice
By accessing the Site, you agree to be bound by all of the terms and conditions of this Agreement, including any amendments thereto. Your relationship to Practice is one of an independent contractor and/or customer.
Contact Us
If you have any questions or concerns you may contact our Customer Service department as indicated below. We will attempt to respond to your questions or concerns promptly.
186 W Main St
Suite 10
Sayville, NY 11782
Phone: 631-573-6522
Fax: 631-760-8264
Email: doc@dariablyskalmd.com