PLEASE READ THESE TERMS AND CONDITIONS OF USE
These terms and conditions of use are a legal agreement (these “Terms”) between you and The New York Eye Cancer Center, with offices at 115 East 61st Street, New York, NY 10065 (“Dr. Finger,” “The New York Eye Cancer Center” or “we”, “us” or “our”), establishing terms and conditions under which you may access and use the services and features available on The New York Eye Cancer Centers’ ” website located at http://eyecancer.com as well as all other websites owned, operated, licensed, or controlled by Dr. Finger, and certain affiliate websites that are hyperlinked to the foregoing (collectively, the “Websites”). BY ACCESSING OR USING THE WEBSITES, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE WEBSITES.
By using the Websites, you hereby represent and warrant that: (1) you are an individual of at least eighteen (18) years of age; (2) you have the legal power and authority to agree to, and be bound by, these Terms; (3) if you have provided information to us in connection with your use of the Websites, such information is true and accurate.
We may revise and update these Terms at any time and without notice. Your continued use of the Websites will constitute your acceptance of these changes and the current version of these Terms.
THE WEBSITES DO NOT PROVIDE MEDICAL ADVICE
The information and content on the Websites, including but not limited to text, graphics, images, videos, and other material contained in the Websites is for informational purposes only and is not intended as a substitute for professional medical advice, help, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you have regarding your medical care, and never disregard professional medical advice or delay seeking it because of something you have read on the Websites. Nothing contained in the Websites is intended to constitute a medical diagnosis or treatment. Nothing in the Websites is intended as a recommendation or endorsement of any specific test, product, procedure, opinion, or other information that may be mentioned in the Websites. Reliance on any information appearing on the Websites, including but not limited to information provided by website personnel or by other users of the Websites, is solely at your own risk.
The New York Eye Cancer Center does not warrant the accuracy, completeness, timeliness or usefulness of the opinions, advice, content, services or other information provided through the Websites or on the Internet generally. The Websites may contain health or medical-related materials or information that you may find sexually explicit or otherwise offensive.
The New York Eye Cancer Center and its affiliates, licensors and suppliers have no control over and accept no responsibility for your compliance with the laws applicable to your country or state of residence.
INTELLECTUAL PROPERTY RIGHTS AND RESTRICTIONS
The New York Eye Cancer Center hereby grants you a personal, non-exclusive, non-transferable, limited, revocable right to use the Websites for personal, non-commercial purposes only and in accordance with these Terms. You agree not to use the Websites for any other purpose, including but not limited to any commercial purpose, without the prior written consent of The New York Eye Cancer Center. For example, you may not (and may not direct or authorize any other party to), (1) co-brand the Websites or any portion thereof, (2) frame the Websites or any portion thereof (whereby the Websites will appear on the same screen with a portion of another website), or (3) link the Websites to any other website. “Co-brand” means to display a name, logo, trademark or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user of the Websites the impression that such party has the right to display, publish or distribute the Websites or any content accessible within the Websites. You agree to cooperate with The New York Eye Cancer Center in causing any unauthorized co-branding, framing or linking immediately to cease.
The material and content accessible within the Websites and any other website owned, operated, licensed, or controlled by The New York Eye Cancer Center (collectively, the “Content”) is the intellectual property and proprietary information of The New York Eye Cancer Center or the party that provided the Content to The New York Eye Cancer Center (as applicable). All title to, ownership of, and rights in and to such Consent is, and at all times shall remain, the sole and exclusive property of The New York Eye Cancer Center and its content providers (as the case may be). Accordingly, you may not copy, distribute, republish, upload, post, transmit, or create derivative works of the Content in any way without the prior written consent of The New York Eye Cancer Center except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause or direct to be removed or altered, any copyright, trademark, service mark, trade name, or any other proprietary notice or legend appearing on the Websites or on any of the Content.
You may not use any The New York Eye Cancer Center names or trademarks in any advertising or publicity, or otherwise to indicate or imply sponsorship of or affiliation with any product or service, without the prior written consent of The New York Eye Cancer Center.
The Websites may contain hyperlinks, directly, or by means of search results, to other sites that are not maintained by, or affiliated with,The New York Eye Cancer Center. Hyperlinks to such third-party sites are provided as a service to users and are not sponsored by or affiliated with the Websites or with The New York Eye Cancer Center. The New York Eye Cancer Center has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyperlinks are to be accessed at your own risk, and The New York Eye Cancer Center makes no representations or warranties about the content, completeness, or accuracy of these hyperlinks or the sites hyperlinked to the Websites. Further, the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by The New York Eye Cancer Center of that site or the material or content contained therein.
COMMUNICATION POLICY
In the event the following functionality exists on the Websites, The New York Eye Cancer Center reserves the right but is not obligated to do any or all of the following:
(a) Record the dialogue in any public chat rooms;
(b) Investigate any allegation that a communication does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication;
(c) Remove any communication that in The New York Eye Cancer Center’s sole discretion is abusive, illegal, disruptive, or otherwise fails to comply with these Terms;
(d) Terminate your access to the Websites or any area thereof upon any breach of these Terms;
(e) Monitor, editor, or disclose any communication in the public areas; and
(f) Edit or delete any communication posted on the Websites, regardless of whether such communication violates these standards.
NO WARRANTY
THE WEBSITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. THE NEW YORK EYE CANCER CENTER HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES. THE NEW YORK EYE CANCER CENTER DOES NOT WARRANT THAT THE CONTENT CONTAINED IN THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVER(S) THAT MAKE THE WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE NEW YORK EYE CANCER CENTER DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT ON THE WEBSITES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE WEBSITES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE NEW YORK EYE CANCER CENTER MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. THE NEW YORK EYE CANCER CENTER MAKES NO WARRANTIES THAT YOUR USE OF THE WEBSITES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT PROVIDED HEREIN.
BY ACCESSING THE WEBSITES, YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE WEBSITES AND ANY PRODUCT OR SERVICE DESCRIBED HEREIN.
LIMITATION OF LIABILITY
Under no circumstances shall THE NEW YORK EYE CANCER CENTER or any of its directors, officers, affiliates, employees, agents, representatives, medical staff, successors, or assigns be liable to you or any other party for any punitive, special, incidental, indirect or consequential damages whatsoever, however arising (including, without limitation, our negligence), including, without limitation, damages resulting from loss of use, data, sales, goodwill or profits, whether or not we have been advised of such possibility, or under any legal or equitable theory, in tort, in contract, at equity, or otherwise, arising out of or in connection with your use of the Websites.
Your sole and exclusive remedy for dissatisfaction with the Websites is to stop using the Websites. All information is transmitted over a medium that is beyond the control and jurisdiction of THE NEW YORK EYE CANCER CENTER. Accordingly, THE NEW YORK EYE CANCER CENTER assumes no responsibility for, or relating to, delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Websites or other sites accessed via the Websites.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE NEW YORK EYE CANCER CENTER DISCLAIMS ANY AND ALL LIABILITIES OR OBLIGATIONS WHATSOEVER RELATED TO THE USE OF THE WEBSITES BY ANYONE OTHER THAN YOU.
INDEMNITY
You shall indemnify and hold THE NEW YORK EYE CANCER CENTER its directors, officers, affiliates, employees, agents, representatives, medical staff, successors, and assigns (the “Indemnified Parties”) harmless from any breach by you of these Terms, including any use of the Websites other than as expressly authorized in these Terms. You agree that the Indemnified Parties shall have no liability in connection with any such breach or unauthorized use.
GENERAL
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of laws principles.
These Terms can be modified by THE NEW YORK EYE CANCER CENTER at any time, and such modification shall be effective immediately upon posting. You agree to review these Terms periodically to be aware of such modification and your access or use of the site shall be deemed your acceptance of the modified agreement.
PRIVACY
THE NEW YORK EYE CANCER CENTER is committed to respecting and protecting your privacy (PLEASE READ BELOW).
Privacy Policy
PLEASE READ THIS PRIVACY POLICY BEFORE USING THE SITE
This website is owned and operated by The New York Eye Cancer Center (“NYECC”). This Privacy Policy applies to NYECCs’ website located at eyecancer.com as well as all other websites owned, operated, licensed, or controlled by NYECC and certain affiliate websites that are hyperlinked to the foregoing (collectively, the “Websites”). BY ACCESSING OR USING THE WEBSITES, YOU AGREE TO BE BOUND BY THIS PRIVACY POLICY AND THE TERMS OF USE. IF YOU DO NOT AGREE WITH THIS POLICY, DO NOT ACCESS OR USE THE WEBSITES.
This Privacy Policy applies to the use of the Websites and the information provided by and obtained from users of the Websites. NYECC maintains a separate policy in connection with the Health Portability and Accountability Act (“HIPAA”).
What Information We Collect
Other than generalized website traffic data, the only personally identifiable information that NYECC obtains about you is information that you supply voluntarily. You grant NYECC the right to transmit, monitor, retrieve, store and use your information in connection with the operation of the Websites.
NYECC employs strict security measures to safeguard online communications that meet or exceed industry standards for the protection of such data; personally identifiable information is stored in a secure database. We do everything reasonably possible to protect user information we collect.
Cookies
NYECC may place small data files, called “cookies,” on your computer or other device. Cookies are a standard web technology that allow us to both store and retrieve login information on a user’s system. These cookies automatically identify your browser to our server whenever you interact with a service provided on the Websites. Cookies can store your preferences via a password you select to access a website. Cookies also help us review website traffic patterns and improve this website. Most browsers automatically accept cookies, but you usually can change your browser setting to prevent the acceptance of cookies, although this may prevent you from using some of the features of the Websites. It is important to note that information collected through cookies is not linked to any personally identifiable information.
Third-Party Sites
In order to provide you with other valuable information, NYECC may provide links to third-party sites outside the NYECC. NYECC exercises no authority over, and does not necessarily endorse, such third-party sites.
These destination links are provided only for your convenience and, as such, you access them at your own risk. However, NYECC wishes to assure the integrity of the Websites and their destination links, so any comments pertaining to the Websites or any sites accessed through our website links are greatly appreciated. Comments can be submitted to contact@eyecancer.com
Children’s Privacy
In accordance with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), NYECC will never knowingly request personally identifiable information from anyone under the age of 13 without parental consent. When we do receive information (with parental consent) from users under the age of 13, we will not share their personally identifiable information with third parties, regardless of their stated preference given at registration, in compliance with COPPA.
Accessibility
The Websites are designed to be accessible to visitors with disabilities, and to comply with federal guidelines concerning accessibility. We welcome your comments. If you have suggestions on how to make the Websites more accessible, please contact us at contact@eyecancer.com
Changes to Privacy Policy
NYECC may change this Privacy Policy from time to time. We encourage you to check this page for any changes to the Privacy Policy and for new versions thereof. By continuing to access, browse, and/or use the Websites, you agree to accept any posted revised terms.
Any questions or comments should be directed to contact@eyecancer.com
Copyright 2015-Present The New York Eye Cancer Center. All rights reserved.
