TERMS AND CONDITIONS

Updated: 8/14/2024

 

PLEASE READ THE FOLLOWING TERMS OF SERVICES & LEGAL NOTICES (“THIS AGREEMENT”) CAREFULLY BEFORE USING SUFFOLK PHYSICAL THERAPY & CHIROPRACTIC PLLC WEBSITE or any of its services (collectively, the “Site”, “We”, “Us” or “SPTC”).

These Terms of Use (“Terms” or “Agreement”) outline the rules for using SPTC’s websites, mobile apps, and related services (collectively, the “Services”). By accessing or using these Services, you agree to abide by these Terms. If you disagree with any part of these Terms, you should not use the Services.

Changes to Terms of Use

We may update these Terms at any time by posting the revised version on our websites and mobile apps. Continued use of the Services after changes signifies your acceptance of the new Terms. Disputes arising before changes will be governed by the Terms in effect at that time.

Emergencies

THIS SITE IS NOT DESIGNED FOR EMERGENCY RESPONSE OR EMERGENCY MONITORING. IF YOU ARE AWARE OF AN EMERGENCY OR BELIEVE SOMEONE IS AT RISK OF INJURY, DEATH, OR HARMING THEMSELVES OR OTHERS, PLEASE CALL “911” OR CONTACT THE RELEVANT EMERGENCY SERVICES. SPTC IS NOT RESPONSIBLE FOR MONITORING OR RESPONDING TO COMMUNICATIONS RECEIVED THROUGH THIS SITE.

Age Limitations Provision

This Site and its Services are designed for use by individuals who are 18 years old or older. Certain content on this Site may not be suitable for younger audiences. Users under the age of 13 are not allowed to access this Site. We advise that those between the ages of 13 and 17 obtain parental or guardian consent before using the Site. SPTC disclaims any responsibility for use of this Site by individuals under 18 years of age.

Restricted Use

You are permitted to use this SITE only if you comply with all relevant laws, regulations, and guidelines governing its use.

Your Privacy

By accepting these Terms, you acknowledge that you have read, understood, and agreed to SPTC’s Online Privacy Policy and HIPAA Notice.

Registration

While you can access some content on the Site without registering, certain features and Services require you to register and provide specific information, such as your email address and password (“Credentials”). As a registered user, you are responsible for all activities that occur under your account. You agree to provide accurate, complete, and up-to-date information during registration and to update it as necessary to maintain its accuracy. Keep your Credentials confidential and do not share them with others. If you suspect that your Credentials have been used without your permission, please contact us immediately at info@suffolkptchiro.com.

Transactions

Social Media Websites and Other Third Party Websites

SPTC may offer you the chance to share information on various third-party social media platforms like Twitter, Facebook, Instagram, LinkedIn, Twitter, YouTube, and others (collectively referred to as “Social Media Platforms”). Additionally, SPTC may facilitate participation in online communities on these Social Media Platforms and may host discussion boards, chats, and other forums on this Site. For instance, you may use your Instagram handle and tag your photos with hashtags we provide to submit your content (“Tagged Content”) for potential use on our Site. When you post Tagged Content with these hashtags, your activities are governed by these Terms. You are also responsible for adhering to the terms and conditions of the relevant Social Media Platforms, such as Instagram. You agree to respect others’ privacy and obtain their explicit consent before sharing photos of them.

When participating in SPTC’s online communities, discussion boards, or other forums, you acknowledge that any submissions are made voluntarily, without confidentiality, and without compensation. By submitting content, you grant SPTC. a perpetual, worldwide, royalty-free, transferable, and sub-licensable license to use, copy, distribute, modify, and create derivative works from your content, postings, and Tagged Content in any format. You also agree to the following:

(a) You will not post, transmit, or link to content that is libelous, defamatory, false, obscene, indecent, lewd, violent, abusive, threatening, harassing, discriminatory, or politically or hate-driven.
(b) You will only upload or share content for which you hold the copyright or have permission to distribute, and you will credit the original source where applicable.
(c) You will not infringe upon or plagiarize any third-party rights, including copyright, trademark, trade secret, privacy, personal, publicity, or proprietary rights.
(d) You confirm that any Tagged Content or materials you post or upload are either owned by you or are public domain content.
(e) You will not intentionally post or upload any software or material containing viruses or harmful code.
(f) You will not use the Site for solicitation, advertising, distributing chain letters or mass emails, or collecting email addresses for spam.
(g) Any content posted in public or “chat” areas of the Site will be accessible to other users, and SPTC is not responsible for unauthorized use of your posted materials by others.
(h) Exercise caution when sharing personally identifiable information, and do not exchange sensitive personal or financial information.
(i) You will not post content that violates any laws or regulations.
(j) You will not impersonate others or use another person’s identity.
(k) Your postings will accurately reflect your personal experiences.

SPTC reserves the right to terminate or limit your access to any online community or services associated with the Site.

Removal of Social Media Content

SPTC will review Tagged Content and may choose to post selected content on our Site; however, we do not guarantee that your Tagged Content will be featured. Regardless, you are entirely responsible for your Tagged Content and must ensure it complies with these Terms, any additional terms of use, and all applicable laws. If your Tagged Content is posted on our Site, you can request its removal by marking it as “private” on your Social Media Platform account or by contacting us via email at info@suffolkptchiro.com.

Monitoring of User Data

We are not required to monitor any associated websites, chats, discussion boards, or other materials that you or third parties post or transmit to the Site or related sites. Nevertheless, you acknowledge and agree that we reserve the right (but not the obligation) to oversee the Site, discussion boards, chats, and the materials you post or transmit. We may modify or remove any content (including posts on chats or discussion boards) and disclose such materials and the context of their transmission to third parties as needed to operate the Site effectively, protect our interests, and meet legal or governmental requirements.

Copyright Regulations

This Site is operated and owned by SPTC, and its entire content and design are protected under U.S. and international copyright laws. All rights to the Site and its materials are owned by SPTC, licensed to it, or used with permission. SPTC and its licensors hold all proprietary rights to the Site’s content.

You are not permitted to copy, republish, upload, post, display, transmit, or frame any of these materials without prior written permission from SPTC. You may, however, link to, view, download, and print a single copy of the materials on this Site solely for personal, noncommercial, and informational purposes, provided that you: (1) do not alter or modify the materials; (2) retain all copyright, trademark, and other notices; and (3) do not use the materials in a manner that implies any endorsement by or affiliation with SPTC or its affiliates. All copies must include the following copyright notice: “Copyright © Suffolk Physical Therapy & Chiropractic All rights reserved.” Any other use of the Site or its content is strictly prohibited. SPTC reserves the right to revoke this license at any time. Should you violate any of these terms, your license will be terminated immediately and automatically, without notice. Upon termination, you must cease all use of the Site and its content and return or destroy all copies, including electronic ones, in your possession or control.

Copyright Infringement – DMCA Notice

Under the Digital Millennium Copyright Act (DMCA), copyright holders who believe their rights are being infringed online can seek remedies. If you believe that content or material on this Site violates your copyright, you (or your representative) can submit a notice to SPTC requesting removal or blocking of the material. Please send your notice to: info@suffolkptchiro.com; or to: Suffolk Physical Therapy & Chiropractic, PLLC, 740 Walt Whitman Rd, Melville, NY 11747.

Your notice should include the following details:

1. A physical or electronic signature of someone authorized to act on behalf of the copyright owner.
2. Identification of the copyrighted work that is alleged to be infringed.
3. Identification of the material claimed to be infringing or involved in the infringing activity.
4. The name, address, phone number, and email address of the complaining party.
5. A statement affirming that the complaining party has a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
6. A declaration that the information in the notice is accurate and that the complaining party is authorized to act on behalf of the copyright owner, under penalty of perjury.

If you believe that a copyright infringement notice has been mistakenly filed against you, the DMCA allows you to submit a counter-notice. Notices and counter-notices must comply with the current statutory requirements of the DMCA. Please send all notices and counter-notices to the address provided above.

Trademark Notice

The trademarks, service marks, and logos of SPTC, including all related product and service names, design elements, and slogans, are the exclusive property of SPTC All rights to these marks are reserved. You may not use any of SPTC’s names or marks in advertisements, promotions, or any other commercial activities without obtaining prior written permission from SPTC. All other trademarks displayed on the Site are the property of their respective owners.

Security

We have put in place technical and organizational safeguards to protect your personal information from accidental loss and unauthorized access, use, alteration, or disclosure. Despite these efforts, we cannot guarantee that these measures will be completely effective against unauthorized access or misuse by third parties. By providing your personal information, you acknowledge and accept the risks involved.

Additional Legal Terms

 

 

Representation and Warranties

You affirm and guarantee that: (a) you are at least eighteen (18) years old; and (b) your use of this Site will adhere to these Terms.

No Warranties

USE OF THIS SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED FROM SPTC OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

IN PARTICULAR, SPTC, ALONG WITH ITS PROCESSORS, PROVIDERS, LICENSORS, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES, MAKE NO WARRANTIES REGARDING: THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT; THE SITE MEETING YOUR EXPECTATIONS OR REQUIREMENTS; THE CONTINUOUS AVAILABILITY OF THE SITE OR ITS SECURITY; THE CORRECTION OF ANY DEFECTS OR ERRORS; OR THE ABSENCE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ANY CONTENT DOWNLOADED OR OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA RESULTING FROM SUCH ACTIONS.

Furthermore, SPTC MAKES NO WARRANTIES, ENDORSEMENTS, OR ASSUMPTIONS OF RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY THIRD PARTIES THROUGH THIS SITE OR ANY HYPERLINKED WEBSITES OR SERVICES. SPTC WILL NOT BE INVOLVED IN OR MONITOR TRANSACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Indemnity

BY ACCESSING THIS SITE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SPTC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES (COLLECTIVELY REFERRED TO AS “SPTC PARTIES”) FROM ANY AND ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS, SETTLEMENTS, COSTS, LOSSES, DAMAGES, TAXES, PENALTIES, INTEREST, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE. THIS INCLUDES, BUT IS NOT LIMITED TO, CLAIMS FOR DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY RIGHTS, COPYRIGHT OR TRADEMARK INFRINGEMENT RESULTING FROM YOUR CONTENT SUBMISSIONS, ECONOMIC DAMAGES, LOST PROFITS, BUSINESS DAMAGES, DATA OR COMPUTER SYSTEM DAMAGES, AND DAMAGES RESULTING FROM RELIANCE ON ANY CONTENT OR FROM INTERRUPTIONS, WORK STOPPAGES, COMPUTER FAILURES, DELETION OF FILES, ERRORS, OMISSIONS, INACCURACIES, DEFECTS, VIRUSES, DELAYS, OR MISTAKES OF ANY KIND. THIS INDEMNIFICATION APPLIES EVEN IF YOU HAVE PREVIOUSLY INFORMED SPTC OF THE POSSIBILITY OF SUCH CLAIMS.

Limitation of Liability and Damages

YOUR EXCLUSIVE REMEDY FOR ANY DISCONTENT WITH THE SITE OR ITS SERVICES IS TO CEASE USE OF THE SITE OR SERVICE. UNDER NO CIRCUMSTANCES SHALL ANY OF SPTC PARTIES BE LIABLE FOR DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THIS SITE OR THE CONTENT THEREIN. THIS LIMITATION APPLIES TO ALL TYPES OF CLAIMS, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY. THIS EXCLUSION COVERS ALL KINDS OF DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, AS WELL AS PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS, OR DAMAGES DUE TO LOST DATA OR BUSINESS INTERRUPTIONS.

Disputes

Binding Individual Arbitration

You and SPTC. agree to resolve all disputes through arbitration. This process is less formal than going to court and aims to resolve issues more swiftly. Instead of a judge or jury, a neutral arbitrator will make the decision, with the authority to grant similar damages and remedies as a court. Arbitration under this agreement will be conducted on an individual basis only; class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. By agreeing to arbitration, you waive your right to a jury trial and to participate in any class action against SPTC.

If any part of this arbitration agreement is deemed unenforceable, that provision will be removed, but the rest of the arbitration terms will remain in effect (class arbitrations will not be permitted in any case). Disputes will be resolved exclusively by binding individual arbitration conducted by a single arbitrator through the American Arbitration Association, following its rules and procedures.

Consumers (those using the services for personal, family, or household purposes) may choose to bring their claims in local small-claims court instead of arbitration. The Federal Arbitration Act (9 U.S.C. §§ 1-16) applies fully. For consumer claims, arbitration hearings will take place in the county or parish where you live. For other cases, hearings will be held in Suffolk County, NY, or another agreed location, or as directed by the arbitrator.

The arbitrator’s decision will be final and binding and can be entered as a judgment in any competent court. If you win a claim where you are entitled to attorney’s fees, you can recover those fees from the arbitrator. SPTC will not seek to recover its attorney’s fees from you, unless the arbitrator finds your claim to be frivolous.

References to “you” and “Suffolk Physical Therapy & Chiropractic PLLC” in this arbitration provision also include their respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns. Additionally, except for small claims actions in consumer cases, you agree that any judicial proceedings will be conducted in the state courts located in Suffolk County, New York, or the federal courts in New York State.

Jurisdiction

The information provided on SPTC’s Site is not tailored to any specific region and does not imply doing business in any particular jurisdiction.

This Site, operated by SPTC, does not establish any legal connection or business presence outside of the State of New York. Accessing or using this Site is prohibited in jurisdictions where such activities would render this Agreement invalid in whole or in significant part, or where accessing the Site would be illegal. Users in these jurisdictions use the Site at their own risk. Key provisions of this Agreement include, but are not limited to, the exclusive venue, exclusive remedy provisions, and warranty disclaimers.

This Agreement is made and executed in the State of New York, USA. It is governed by and interpreted according to the laws of New York, without regard to its choice of law or conflict of law principles.

Requests for Information

If you reach out to SPTC for information about our programs or services, we will use your email or phone number to respond to your request. By providing your information, you consent to our use and sharing of it as outlined in our Online Privacy Policy.

Limitation on Time to Initiate a Dispute

Links to Other Websites

SPTC’s Site may include links to external websites for your convenience. However, the presence of these links does not signify endorsement or approval by SPTC. You access these third-party sites at your own risk, and they are not governed by the terms outlined in these Terms. SPTC disclaims any responsibility for the content or practices of these external websites. When you click on a link to an external site, our Online Privacy Policy and HIPAA Notice no longer apply. Your interactions with these sites are subject to their own terms and policies.

Downloadable Files and Email

SPTC makes no guarantees or warranties that emails or files available for download from its Site are free of viruses or other harmful code that could damage your computer or data. It is your responsibility to use appropriate protective measures and maintain backup systems to safeguard your data. SPTC is not liable for any damage to your computer or data resulting from the use of the Services.

Notice for California Users

For any questions or concerns regarding the Services offered by The SPTC, please contact us directly at 631-249-0011 for support. If needed, you can also reach out to the Complaint Assistance Unit of the Suffolk County Consumer Affairs by calling (631) 853-4600. Alternatively, you can write to the Suffolk County Department of Consumer Affairs, 100 Veterans Memorial Hwy P.O. Box 6100 Hauppauge, NY 11788.

Other Provisions

These Terms represent the complete and exclusive agreement between you and SPTC regarding your access and use of this Site, and they supersede all other agreements or understandings related to this subject. In case of any conflict between these Terms and other agreements or policies from SPTC, these Terms will take precedence. If any provision in these Terms is found to be invalid or unenforceable under applicable law, that provision will be modified to fulfill its original intent to the maximum extent allowed by law, while the remaining provisions will remain in effect. Headings in these Terms are for convenience only and should not influence their interpretation. These Terms do not limit any legal rights SPTC may have under trade secret, copyright, patent, or other laws. The failure of SPTC to enforce any right or provision under these Terms does not constitute a waiver of that right or provision. No waiver of any term of these Terms will be considered a continuing waiver of that term or any other term.

Assignment

You may not transfer or assign any rights or obligations under this Agreement without obtaining prior written consent from SPTC. However, SPTC reserves the right to assign its rights and obligations under this Agreement, either in whole or in part, at its discretion.

Survival

All provisions of this Agreement that are inherently intended to endure beyond the expiration or termination of the Agreement, including but not limited to indemnity and limitation of liability clauses, shall remain in effect and continue to apply.

Waiver

No waiver of any term or condition of this Agreement shall be interpreted as a further or continuing waiver of that term or any other term or condition.

Notices

You agree that we may deliver any and all notices to you via email, telephone, fax, or any other method we choose.

Severability

If a court or other competent authority finds any provision of this Agreement unenforceable, that provision will be modified or removed to the extent necessary, while ensuring that the remaining provisions of the Agreement continue to be valid and enforceable.

Entire Agreement; Amendment

This Agreement represents the complete and exclusive understanding between you and SPTC regarding its subject matter. It can only be amended as specified within the terms of this Agreement.

Conflicting Terms

Any information or content on the Site that conflicts with the terms of this Agreement is overridden by the terms of this Agreement.

Contact Information

For questions or concerns, contact:

Suffolk Physical Therapy & Chiropractic, PLLC
740 Walt Whitman Rd
Melville, NY 11747
Phone: (631) 249-0011
Fax: (631) 249-1793
Email: info@suffolkptchiro.com