cappskids
The Web site and Service(s) are provided by Craniosynostosis and Positional Plagiocephaly Support, Inc., d/b/a CappsKids, a New York corporation with a principal place of business located in Massapequa, New York . If you have requests concerning these Terms or any questions please contact us info@cappskids.org.
THIS SITE IS NOT TO BE USED FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY CALL YOUR LOCAL EMERGENCY SERVICES.
SECTION I: DEFINITIONS, AGREEMENT TO BE BOUND
1.1 Definitions.
References to “Dispute” mean any claim, conflict, controversy, disagreement between the Parties arising out of, or related in any way to, these Terms (or any Terms, supplement or amendment contemplated by these Terms,) including, without limitation, any action in tort, contract or otherwise, at equity or at law, or any alleged breach, including, without limitation, any matter with respect to the meaning, effect, validity, performance, termination, interpretation or enforcement of these Terms or any Terms contemplated by the Terms.
References to “Material Breach” mean any breach of these Terms upon the occurrence of which a reasonable person in the position of the non-breaching Party would wish to immediately terminate these Terms because of that breach.
References to the “Services” mean any and all services offered by us, including but not limited to telemedicine videoconferencing and physician and medical provider listing services.
References to the “Terms” and/or “Agreement,” mean this, these Terms of Use as set forth herein.
References to “us,” “we,” and/or “our” mean Craniosynostosis and Positional Plagiocephaly Support, Inc., d/b/a CappsKids.
References to the “Web site” mean the Web site bearing the URL www.cappskids.org.
References to “you,” and/or “User,” mean the User of the Web site and/or Services, whether as a patient or Medical Provider.
1.2. Agreement to be Bound.
The following Terms of Use, together with the relevant information set out on this Web site, including any features and services available, such as RSS feeds, podcasts, video and photographs, publications, and other materials (collectively the “Web site,”) are subject to the Terms of Use set forth below. Please read them carefully as any of use of this Web site constitutes an agreement, without acceptance, to be bound thereby by the user. By using this Web site you represent that you at least eighteen (18) years old, have read and understand the Terms of Use and that you agree to be bound by these Terms of Use as set forth below.
These Terms of Use are subject to the Privacy Policy, which also governs your use of the Web site.
You acknowledge and agree that each Medical Provider, subsidiary and affiliate of us shall be third party beneficiaries to the Terms of Use and that such other companies shall be entitled to directly enforce and rely upon any provision of these Terms of Use which confers a benefit upon them. No other party shall be a third party beneficiary of the Terms.
When you use this Web site, you may locate a Medical Provider from whom you purchase a service or product or you may utilize the services for video conferencing with a prospective Medical Provider or your current Medical Provider. Your use of these other services and products may be subject to separate terms between you and the company concerned. If so, the Terms of Use do not affect your legal relationship with these other companies or individuals.
SECTION II: GENERAL PROVISIONS
2.1. About Us; Not Vendor; No Endorsement.
We are a provider of online telehealth services, videoconferencing technologies that allow patients and Medical Providers to remotely connect for initial consultations, follow-up visits, or for any other reason determined between a patient and Medical Provider. All of our teleconferences are provide by SecureVideo, a HIPAA-compliant video-conferencing provider. For more information about our video conferencing services and those of SecureVideo, please see https://www.securevideo.com/?gclid=CIfo5K2ZyccCFYORHwodTsYLbg.
We additionally provide an online consultation/second opinion program that allow patients and medical providers to use a HIPPA compliant cloud based image share program. For more information please see https://capps.dicomgrid.com/terms.html
We additionally provide listing services for Medical Providers who may provide such telehealth services. As an online service provider, we do not offer for sale, provide or promote any medical services, so the actual contract for medical services is directly between the patients and particular doctor, clinics, dentist or other health care provider (a “Medical Provider.”)
While we may provide general information and other guidance in our services, we do not recommend or endorse any doctors, practices, surgeons, clinics, dentists, procedures, opinions, or other information that may appear on the Web site or via the Services. We do not act as a vendor of any Medical Provider or of the services offered. If you rely on any of the Information provided by the Site, you do so solely at your own risk.
Also, while we may help facilitate the pairing of patients and Medical Providers, we have no control over and do not guarantee the truth or accuracy of users’ content or listings; the ability of any Medical Provider to preform procedures; the ability of buyers to pay for items; the certification or licensure status of any Medical Provider; that a patient can pay for services contracted for or rendered; or that a patient or Medical Provider will actually complete a transaction.
WE (“CAPPS”) DO NOT PROVIDE MEDICAL DIAGNOSIS, TREATMENT, OR ADVICE AT ANY TIME. WE ARE NOT YOUR DOCTOR OR MEDICAL PROVIDER.
2.2. Accuracy, Completeness and Timeliness of Information.
We are not responsible if information made available via the Web site and/or Services is not accurate, complete or current. You acknowledge further that any reliance on the Web site and/or Services is at your own risk.
2.3. Errors in Web Site and/or Services.
We do not warrant that any errors in the Web site and/or Services will be corrected.
2.4. Modifications and Changes to Terms of Use.
We may modify, add to, suspend or delete these Terms of Use or other agreements, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective upon their posting to the Web site. Your use of the Web site and/or continued use of the Services after modification, addition or deletion of these Terms of Use shall be deemed to constitute acceptance by you of the modification, addition or deletion.
2.5. Modifications and Changes to the Web Site and/or Services.
We may modify, add to, suspend, or delete any aspect of this Web site or Service offered by us, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective. Such modifications, additions or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use.
2.6. Access to Web site and/or Services.
Though we try to make the Web site and Services available twenty-four (24) hours a day, seven (7) days a week, except for planned down-time for maintenance, we do not warrant that the Web site and Services will be at all times available, including any time you may have scheduled a telehealth appointment with your Medical Provider.
We do not warrant that your computer, tablet, and/or smartphone will be able to access and/or support the Web site and/or Services.
2.7. Right of Refusal, Limitation, Discontinuation; and Termination.
We reserve the right to refuse to provide access to the Web site and/or the Services for any reason at any time at our sole discretion. We may, in our sole discretion, limit or cancel a User Account for any reason whatsoever. In the event that we make a change to or cancel an Account, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time your Account was created; however, the failure to do so shall not result in any liability, including liability for lost data deleted as a result of the Account termination.
2.8. Prohibited Uses of Web site and Services.
You agree and acknowledge that you shall not use the Web site and/or the Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, governmental, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Web site; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Web site and/or the Services. We reserve the right to terminate your use of the Web site and/or the Services for violating any of the prohibited uses or for any other reason at its sole and exclusive decision.
2.9. Accuracy, Completeness and Timeliness of Information.
We are not responsible if information made available on the Web site and/or the Services is not accurate, complete or current. You acknowledge that the Web site and the Services are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
SECTION III: ACCOUNTS, USE OF THE SERVICES
3.1. Online Accounts.
Users may be given the opportunity to register via an online registration form to create a User account (your “Account”) that may allow you to receive information from us and/or to participate in certain features of the Services. We will use the information you provide in accordance with our Privacy Policy. By registering with us, you represent and warrant that all information you provide on the registration form is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information on the Web site so that it remains current, complete and accurate. During the registration process, you may be required to choose a password. You acknowledge and agree that we may rely on this password to identify you. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms of Use.
3.2. Multiple Accounts Prohibited.
You agree you shall not have no more than one (1) account and shall not sell, trade or transfer that account to any other person or entity.
3.3. Account Guidelines.
The Web site and/or Services may contain the ability to communicate with other Users and Medical Providers through one or more platforms, comments sections, discussion forums, Web sites, landing pages, social media outlets and/or other interactive features, (hereinafter “Interactive Areas,”) in which Users and Third Parties may communicate. By participating in Interactive Areas, you agree and acknowledge that you:
Shall not upload, distribute or otherwise publish to the Web site and/or the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material; and
Shall not threaten or verbally abuse other Users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam”; and
Shall not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Interactive Areas and use of the Web site and/or the Services; and
Shall not personally attack another User. Personal attacks are a direct violation of these Terms of Use and are grounds for immediate and permanent suspension of access to all or part of the Interactive Areas and use of the Web site and/or the Services; and
Shall not use the Interactive Areas to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or Services; and
Shall not upload, post or otherwise transmit any content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability; and
Shall not post unauthorized commercial communications (such as spam); and
Shall not upload, post or otherwise transmit any content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them; and
Shall not upload, post or otherwise transmit content that does not generally pertain to the designated topic or theme of any Interactive Area; and
Shall not impersonate any person or entity, including, but not limited to, any of our employees, or falsely state or otherwise misrepresent your affiliation with any person or entity; and
Shall not interfere with any other User’s right to privacy, including by harvesting or collecting personally-identifiable information about other Users of our Interactive Areas or posting private information about a Third Party; and
Shall not engage in unlawful multi-level marketing, such as a pyramid scheme; and
Shall not upload, post or otherwise transmit any content, software or other materials which contain a virus or other harmful or disruptive component; and
Shall not interfere with or disrupt the Web site, Services, the Interactive Areas or the servers or networks connected to the Web site or the Interactive Areas, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, Web site, and/or the Interactive Areas; and
Shall not facilitate or encourage any violations of these Terms of Use or our policies.
Users agree further and acknowledge that any profile they create may be edited, removed, modified, published, transmitted, and displayed by us, and they waive any rights they may have in having the material altered or changed in a manner not agreeable to them.
3.4. Rights in Submissions.
Should you submit, display, publish or otherwise post any content to an Interactive Area, (hereinafter “Submissions,”) you agree to grant to us and our partners and affiliates a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Submissions in any and all media now known or hereinafter developed for hosting, indexing, caching, distributing, tagging, marketing, and for all other lawful purposes without the requirement to make payment to or seek permission from you or to any Third Party.
You represent and warrant that you own or have a valid license to use any and all Submissions and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any Submissions does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
3.5. Right to Monitor.
We shall have the right to monitor your Account in our sole and exclusive discretion.
SECTION IV: PROCEDURES, PRODUCTS, AND MEDICAL SERVICES
4.1. Procedures, Products and Services.
The procedures, products, services and devices discussed and/or advertised on this Web site are not applicable to all individuals, patients or all clinical situations. We make no claims as to the effectiveness and appropriateness of telehealth or other services offered by us for any or every circumstance and for every patient. Any products and/or services represented on the Web site by advertisers, sponsors, and other Web site participants, either paid or unpaid, are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success.
4.2. Medical Provider Information.
Medical Provider and practice information found on the Web site is intended for general reference purposes only. Medical Provider information found on the Web site is both self-reported, by the Medical Provider and/or office staff, and collected from multiple other data sources that may not be confirmed by the Medical Provider. Such information often changes frequently and may become out of date or inaccurate. We do not provide any advice or qualification certification about any particular Medical Provider. You are encouraged to independently verify any such information.
We use reasonable efforts to ensure that Medical Providers only participate in the services they offer if they hold active medical licenses and all board certifications necessary to practice any specialty of the services offered by them to patients; however, you are strongly advised to perform your own investigation prior to visiting a health care professional by making confirming telephone calls to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular doctor, clinics, dentist or other health care Provider by confirming with the Medical Provider’s office, your current Medical Provider, the medical association relative to the Medical Provider’s specialty.
Medical Providers may pay a fee to be listed in the database, and such listing should be considered as an advertisement for services offered.
4.3. Choice of Medical Provider.
YOU ARE ULTIMATELY RESPONSIBLE FOR CHOOSING YOUR OWN PROVIDER.
We will provide you with proposals of Providers who may be suitable to deliver the medical care that you are seeking; however, we do not recommend or endorse any Medical Providers and does not make any representations or warranties with respect to these Medical Providers or the quality of the healthcare services they may provide.
4.4. Transactions and Contracts for Services.
You acknowledge and agree that we doe not sell, offer to sell, invite to sell, or solicit any offers. IN ALL INSTANCES, ALL SALES AND CONTRACTS FOR SERVICES ARE ADVERTISED, SOLICITED, OFFERED, ACCEPTED, MADE AND DELIVERED BY MEDICAL PROVIDERS WITH WHOM YOU DIRECTLY CONTRACT. AT NO TIME WILL A DOCTOR/PATIENT RELATIONSHIP EXIST BETWEEN US.
In all instances, any solicitation, invitation, offer, advertisement or communication is void where prohibited by law.
4.5. Availability of Providers.
We have no control over, and cannot guarantee the availability of any Medical Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments/arrangements or any injury resulting therefrom, or for any other injury resulting from the use of the Site or services whatsoever.
4.6. HIPAA Compliance.
We use all reasonable efforts to ensure that your confidential medical information is treated with the utmost care and with an aim to protect your privacy at all times while using the Web site and the Services. Our goal is to be at all times compliant with the rules and regulations promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA.”) We require that all patients provide a HIPAA authorization waiver upon Account registration, and all telehealth video calls are protected by a HIPAA-compliant application program interface, (“API.”)
SECTION V: INTELLECTUAL PROPERTY
5.1. Intellectual Property Rights Not Waived.
This is an Agreement for access to and use of the Web site and/or the Services, and you are not granted a license to any software by these Terms of Use. The Web site and Services are protected by U.S. and, where applicable, international intellectual property laws. The Web site and Services belong to us and is the property of us or our licensors (if any). We retain all ownership rights in the Web site and Services.
Furthermore, all material (“Materials”) displayed or transmitted on this Web site and/or Services, including but not limited to text, photographs, images, illustrations, video clips, audio clips, and graphics are owned by us and are protected by U.S. and international copyright, trademarks, service marks, and other proprietary rights, laws and treaties.
Except as provided, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the Materials carried on the Web site, nor may you infringe upon any of the copyrights or other intellectual property rights contained in the Materials. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary notices or visual marks and logos from the Materials.
You may make a single print copy of any Materials provided by us on this Web site and/or Services for personal, non-commercial use only, provide that you do not remove nor cause to be removed any copyright, trademarks, or other proprietary notices or visual marks or logos from the Material. You may not archive or retain any of the Materials accessed on this Web site and/or Services without our express written permission. All requests for archiving, republication or retention of any part of the Materials must be in writing to us and must clearly state the purpose and manner in which the Material will be used. Requests for permission to archive, retain, or republish any part of the Materials may be submitted to info@cappskids.org.
You acquire no rights or license whatsoever in the Materials other than the limited rights to use the site in accordance with these Terms of Use. Any of the Materials accessed or downloaded from this site must be accessed or downloaded in accordance with the Terms of Use of use specified in this Agreement. We reserve any rights not expressly granted under these Terms of Use of use.
5.2. Feedback
In addition to Submissions you may have the opportunity to provide reviews, suggestions, ideas, and feedback, (hereinafter, collectively, “Feedback.”) Should you so provide such Feedback you grant us sole ownership of the same, which includes without limitation the right for us or any Third Party we designate, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed. All such Feedback shall be treated as non-confidential.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the content submitted by you, you hereby declare that (a) you do not require that any personally-identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by us or our licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights. You also permit any other User to access, view, store or reproduce the content for that User’s personal use.
Notwithstanding the foregoing, you acknowledge that your Feedback may contain concepts, ideas, materials, proposals, suggestions and the like relating to CappsKids or its initiatives, (hereinafter your “Ideas.”) With respect to your Ideas you acknowledge that: (a) we receive numerous submissions from many parties and/or may have independently developed and/or considered ideas similar to your Ideas, and that our review of your Ideas is not an admission of novelty, priority or originality; and (b) our use of any ideas similar to your Ideas, whether based on your Feedback or Submissions, provided to us by Third Parties, or independently developed or considered by us, shall be without obligation to you.
SECTION VI: Third-Party Advertisements, Promotions, and Links
6.1. Third Party Advertisements and Promotions.
We may, from time to time, run advertisements and promotions from Third Parties on the Web site and/or the Services. Your dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third Party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of Third-Party advertisers on the Web site and/or the Services.
6.2. Use of Third-Party Tools
We may provide you with access to Third-Party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional Third-Party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant Third-Party provider(s).
We may also, in the future, offer new services and/or features through the Web site and/or the Services (including, the release of new tools.) Such new features and/or Services shall also be subject to these Terms of Use.
6.3. Third-Party Links.
Certain content, products and Services available via our Web site and/or Services may include materials from Third-Parties.
Third-Party links on the Services may direct you to Third-Party Web sites and/or services that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any Third-Party materials or Web sites and/or services, or for any other materials, products, or services of Third-Parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third-Party with whom you connect via the services. Please review carefully the Third-Party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party products should be directed to the Third-Party.
SECTION VII: DISCLAIMERS; LIMITATIONS OF LIABILITY; INDEMNIFICATION
7.1. Disclaimer of Warranty; Limitation of Liability
(A) YOU AGREE THAT USE OF THE WEB SITE AND THE SERVICES IS AT YOUR SOLE RISK. NEITHER US nor our AFFILIATES NOR ANY RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE use of the Web site AND/OR THE SERVICES SHALL BE UNINTERRUPTED OR ERROR FREE; NOR DO we MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE AND/OR THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED.
(B) ANY DOWNLOADABLE SOFTWARE, PRODUCTS OR OTHER MATERIALS, WITHOUT LIMITATION, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AGAINST INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AGAINST INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE AS TO ANY service or product promoted or LINKED TO VIA ANY THIRD-PARTY WEB SITE AND/OR SERVICES.
(C) ALTHOUGH ALL INFORMATION AND MATERIALS CARRIED ON THE WEB SITE AND THE SERVICES ARE BELIEVED TO BE RELIABLE, WE MAKE NO REPRESENTATIONS, NEITHER EXPRESSLY NOR IMPLIEDLY, AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE WEB SITE AND/OR THE SERVICES.
(D) IN NO EVENT SHALL WE, OUR EMPLOYEES, SUBSIDIARIES, PARENTS, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS, VENDORS, AND/OR OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, AND MEMBERS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, MEDICAL PROVIDER INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF INFORMATION OR DATA, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE WEB SITE AND/OR THE SERVICES.
(E) WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION. BY utilizing THE WEB SITE AND/OR THE SERVICES YOU ACKNOWLEDGE AND AGREs TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR OTHERWISE Utilize THE WEB SITE.
(F) YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEB SITE AND/OR THE SERVICES OR ANY OTHER GRIEVANCE, SHALL BE YOUR DISCONTINUATION OF ACCESS TO OR UtilizATION OF THE WEB SITE AND/OR THE SERVICES.
(G) WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO ANY MEDICAL PROVIDER’S PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
The above limitations shall survive these Terms and inure to the benefit of us and our affiliates and respective directors, officers, employees and agents.
7.2. INDEMNIFICATION.
You agree to defend, indemnify and hold us harmless, as well as our affiliates and vendors and respective directors, officers, Users and agents, from and against all claims, SUITS, and expenses, including attorneys’ fees, arising out of OR RELATED TO (a) YOUR USE OF THE WEB SITE AND/OR SERVICES; (B) your noncompliance with or breach of this Agreement; (C) your use of third-Party SERVICES, products, links, advertisements, and/or tools; (D) YOUR VIOLATIONS OF ANY THIRD-PARTY RIGHTS, INCLUDING THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS; or (E) the unauthorized use of the Web site AND/OR SERVICES by any other person using your information.
SECTION VIII: GOVERNING LAW; ARBITRATION
8.1. Governing Law.
These Terms shall be governed and construed in accordance with the laws of the state of New York without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the courts located in Nassau County, New York, and any cause of action that relates to or arises from these Terms and/or the Web site and/or the Services must be filed therein unless subject to the binding arbitration provisions of Section 8.2, infra.
8.2. Arbitration.
The Parties agree that any dispute concerning, relating, or referring to these Terms and/or the Web site and/or the Services shall be resolved exclusively by binding arbitration in accordance with the substantive laws of the state of New Yorkand shall be brought for arbitration in Nassau County, New York. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. Nothing herein prevents either Party from seeking any interim injunction it deems necessary in order to preserve the status quo prior to the resolution of any dispute, in any jurisdiction.
8.3. Attorneys’ Fees and Costs.
In case suit, arbitration, or other legal action is instituted to interpret or enforce any of the provisions of these Terms, the prevailing Party therein shall be awarded all reasonable and necessary fees for investigations, depositions, as well as fees for accountants and witnesses (expert or otherwise) reasonably incurred by that Party in connection with such suit or action, plus such sums as may be adjudged reasonable for that Party’s attorney fees incurred prior to and throughout such suit or action, including all hearings, trials, and appeals.
SECTION IX: MISCELLANEOUS
9.1. Customer Service.
Should you have any questions, comments or concerns regarding the Services customer service may be contacted at any time via info@cappskids.org. We strive to return all customer service inquires within forty-eight (48) Medical Provider hours.
9.2. Affiliate Disclosure.
We may have a Medical Provider relationship with Third-Parties and affiliates to whose products and/or services we link and promote through the Services. Because of this relationship we may earn a commission on products purchased by a user from a Third-Party affiliate.
9.3. Server Location; International Transfer
We operate globally so it is necessary to transfer your information internationally. In particular, your information will likely be transferred to and processed by servers in the United States. The data protection and other laws of other countries may not be as comprehensive as those in your country. Please be assured that we take reasonable steps to ensure that your privacy is protected. By using the Web site and/or the Services you consent to your information being collected, used and transferred as set forth in the Privacy Policy.
9.4. Authority.
Each Party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such Party and enforceable in accordance with its Terms.
9.5. Waiver.
Any waiver of a right under these Terms shall only be effective if agreed or declared in writing. A delay in exercising a right or the non-exercise of a right shall not be deemed a waiver and shall not prevent a Party from exercising that right in the future. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.
9.6. Force Majeure.
We shall not be bound to meet any obligation if prevented from doing so as a consequence of acts of god or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond the control of us including but not limited to natural disasters (such as storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargos, nationalizations, strikes and breakdowns of public utilities (such as of electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay.
9.7. Assignment.
We shall have the right to assign and/or transfer these Terms and our rights and obligations hereunder to any Third Party after notifying you as provided for herein. You agree and acknowledge that you shall not assign or transfer its rights or sub-contract or delegate the performance of any of its obligations under these Terms without our prior written consent in our sole and exclusive discretion.
9.8. Rights of Third Parties.
These Terms do not give any right to any Third Party except that any provision in these Terms.
9.9. Relationship of the Parties.
The Parties are independent contractors under these Terms, and nothing herein shall be construed to create a partnership, joint venture or agency relationship between them. Neither Party has authority to enter into Terms of any kind in the name of the other Party.
9.10. Severability.
If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
9.11. Updates & Effective Date.
The effective date of these Terms is October 8, 2015. From time to time, we may update these Terms of Use by prominently posting a notice of update to the Web site and contacting you at the email you provided upon registration, so we encourage you to review them often.
