Terms and Conditions

Effective Date: X/XX/2019

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

By using this site, you signify your assent to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this website.

330 Avenue Medical Health PC d/b/a AposTherapy NY (“AposTherapy NY,” “we,” “us” or “our”) operates and/or provides the website located at https://www.apostherapy.com/ (the “website” or the “service”). We may revise and update these Terms and Conditions at any time. Your continued usage of the website will mean you accept those changes.

The Website Does Not Provide Medical Advice

The contents of the website, such as text, graphics, images, and other materials created by AposTherapy NY or obtained from AposTherapy NY’s licensors, and other materials contained on the AposTherapy NY website (collectively, “Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the AposTherapy NY website!

If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any information provided by AposTherapy NY, AposTherapy NY employees, others appearing on the website at the invitation of AposTherapy NY, or other visitors to the website is solely at your own risk.

Children’s Privacy

We are committed to protecting the privacy of children. You should be aware that this website is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

Use of the Content

The Content posted on this website is protected by the copyright laws in the United States and in foreign countries. AposTherapy NY authorizes you to view or download a single copy of the Content solely for your personal, noncommercial use if you include the copyright notice located at the end of the material, for example: “©2019, AposTherapy NY, LLC. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the AposTherapy NY website may be included elsewhere within the website and are incorporated into these Terms and Conditions by reference.

Title to the Content remains with AposTherapy NY or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and other features are subject to change or termination without notice in the editorial discretion of AposTherapy NY. All rights not expressly granted herein are reserved to AposTherapy NY.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Liability of AposTherapy NY

The use of the AposTherapy NY website and the Content is at your own risk.

When using the AposTherapy NY website, information will be transmitted over a medium that may be beyond the control and jurisdiction of AposTherapy NY and its suppliers. Accordingly, AposTherapy NY assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the AposTherapy NY website.

The AposTherapy NY website and the Content are provided on an “as is” basis. APOSTHERAPY NY AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, AposTherapy NY, its licensors, and its suppliers make no representations or warranties about: (i) the accuracy, reliability, completeness, currentness, or timeliness of the Content, software, links, or communications provided on or through the use of the AposTherapy NY website or AposTherapy NY; or (ii) the satisfaction of any government regulations concerning medical device reporting.

In no event shall AposTherapy NY, its suppliers, or any third parties mentioned on the AposTherapy NY website be liable for any damages (including, without limitation, incidental and consequential damages, punitive damages, damages relating to personal injury and/or wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the AposTherapy NY website or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not AposTherapy NY, its suppliers, or any third parties mentioned on the AposTherapy NY website are advised of the possibility of such damages. AposTherapy NY, its suppliers, and any third parties mentioned on the AposTherapy NY website shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. AposTherapy NY, its suppliers, and any third parties mentioned on the AposTherapy NY website are not liable for any personal injury, including death, caused by your use or misuse of the website, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the website, any Content, or the Social Media Platforms must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

User Content and Submissions

The personal information you submit to AposTherapy NY is governed by the AposTherapy NY Privacy Policy. To the extent there is an inconsistency between this Agreement and the AposTherapy NY Privacy Policy, this Agreement shall govern.

You may upload content (“User Content”) via our official brand presence on social media platforms and branded hashtags, including, without limitation Facebook, Twitter, Google Plus, YouTube, Instagram, and Pinterest, (collectively “Social Media Platforms”). You agree that you will not post, upload, or transmit any communications or User Content of any type to the Social Media Platforms that infringe or violate any rights of any party. By submitting communications or User Content to the Social Media Platforms, you agree to comply with these Terms and Conditions. AposTherapy NY reserves the right to remove User Content for any reason, including User Content that we believe violates these Terms and Conditions or our other policies. By submitting any communications or User Content to the Social Media Platforms, you further agree that such submission is non-confidential for all purposes. It is important to note that AposTherapy NY is not responsible for the operation, terms of use or policies of any Social Media Platform. Before using any Social Media Platforms, you should review their terms of use and policies, including their privacy policy.

If you make any submission or post User Content to Social Media Platforms, you agree that you will not send or transmit to AposTherapy NY by email (including through the email addresses listed on the “Contact Us” page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to AposTherapy NY by email, you agree such submission is non-confidential for all purposes.

If you make any submission or post User Content to Social Media Platforms or if you submit any business information, idea, concept or invention to AposTherapy NY by email, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted AposTherapy NY a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully sublicensable right and license to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, and publicly display such submission or User Content in any media or medium, or any form, format, or forum now known or hereafter developed. AposTherapy NY may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Social Media Platforms or to AposTherapy NY by email. We try to answer every email in a timely manner but are not always able to do so.

User Submissions — Image, Video, Audio Files

You agree to only post or upload media (e.g., photos, videos, or audio) on the AposTherapy NY website or a Social Media Platform that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy, or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.

To protect your privacy, you agree that you will not submit any media that contains personally identifiable information (e.g., name, phone number, email address or web site URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.

By uploading any media on a Social Media Platform, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions or the AposTherapy NY Privacy Policy.

You agree that you will not upload any material that contains a software virus or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this website.
By uploading any media on a Social Media Platform, such as a photo or video: (a) you grant to AposTherapy NY a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully sublicensable right and license to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes AposTherapy NY to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in such media; and (c) you agree to indemnify AposTherapy NY and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these Terms and Conditions.

AposTherapy NY reserves the right to review all media prior to submission to the website and to remove any media for any reason, at any time, without prior notice, at our sole discretion.

User Content Guidelines

If you use, or post User Content on any Social Media Platform, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found on the Social Media Platforms. AposTherapy NY is not responsible for the consequences of any communications on Social Media Platforms. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of being allowed to use the Social Media Platforms, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

  • Using a Social Media Platform for any purpose in violation of local, state, national, or international laws;
  • Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  • Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by AposTherapy NY in its sole discretion;

  • Posting advertisements or solicitations of business;
  • Posting chain letters or pyramid schemes;
  • Impersonating another person;
  • Distributing viruses or other harmful computer code;
  • Harvesting, scraping, or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
  • Allowing any other person or entity to use your identification for posting or viewing comments;
  • Posting the same note more than once or “spamming”; or
  • Engaging in any other conduct that restricts or inhibits any other person from using or enjoying a Social Media Platform or the website, or which, in the judgment of AposTherapy NY, exposes AposTherapy NY or any of its customers or suppliers to any liability or detriment of any type.
AposTherapy NY Reserves the Right (but is Not Obligated) to Do Any or All of the Following:

Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).

Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.

Terminate a user’s access to the AposTherapy NY website upon any breach of these Terms and Conditions.
Monitor, edit, or disclose any communication on a Social Media Platform.

Edit or delete any communication(s) posted on the AposTherapy NY website, regardless of whether such communication(s) violate these standards.

AposTherapy NY or its licensors have no liability or responsibility to users of the AposTherapy NY website or any other person or entity for performance or non-performance of the aforementioned activities.

Links to Other Websites

AposTherapy NY may provide links to third-party web sites. AposTherapy NY does not recommend and does not endorse the content on any third-party websites. AposTherapy NY is not responsible for the content of linked third-party sites, sites framed within the AposTherapy NY website, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.

Indemnity

You agree to defend, indemnify, and hold AposTherapy NY, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from: (a) your use of the website, (b) any User Content you post or upload, (c) your use of or reliance on any User Content, or (d) your violation of these Terms and Conditions.

General

AposTherapy NY is based in New York, New York, in the United States of America, with principal offices in New York, New York. AposTherapy NY makes no claims that AposTherapy NY or the website are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the AposTherapy NY Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with AposTherapy NY, or in any way relating to your use of the AposTherapy NY website, resides in the courts of the State of New York, County of Westchester, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York, County of Westchester, in connection with any such dispute including any claim involving AposTherapy NY or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Complete Agreement

Except as expressly provided in a particular “legal notice” on the AposTherapy NY website, these Terms and Conditions and the AposTherapy NY Privacy Policy constitute the entire agreement between you and AposTherapy NY with respect to the use of the AposTherapy NY website, and Content.

Questions or comments regarding this website, including any reports of non-functioning links, should be submitted by email to information@apostherapy.com or by mail at AposTherapy, 300 Park Avenue, 12th Floor, New York, New York 10022.