DOCTOR IN THE FAMILY Terms of Use
UPDATED FEBRUARY 28 TH 2021
Your access to the DOCTOR IN THE FAMILY Website and Services is subject the DOCTOR IN THE FAMILY Privacy Policy and these Terms of Use.
By using DOCTOR IN THE FAMILY Services and Website, you agree to the Terms of Use. IF YOU DO NOT AGREE, DO NOT USE DOCTOR IN THE FAMILY SERVICES AND WEBSITE.
DOCTOR IN THE FAMILY may change, modify, add or remove portions of these Terms of Use, at any time. You should periodically check these Terms of Use for changes. Your continued use of DOCTOR IN THE FAMILY’s Website and Services following the posting of any changes to these Terms of Use will mean that you accept and agree to such changes. As long as you comply with these Terms of Use, DOCTOR IN THE FAMILY grants you a personal, non-exclusive, non-transferable, limited privilege to access and use DOCTOR IN THE FAMILY Services.
COMMUNICATION
TO PROVIDE YOU WITH THE HIGHEST LEVEL OF MEDICAL CARE REQUIRES YOU PROVIDE DOCTOR IN THE FAMILY UPDATED, ACCURATE, AND TIMELY COMMUNICATION AND INFORMATION.
Upon receiving any communication from DOCTOR IN THE FAMILY you agree to promptly reply. If you have any new or updated: medical; health; demographic; or insurance information you will notify us immediately. If you have had any medical or mental health consults or testing or radiologic imaging or been sick or hospitalized, you will notify DOCTOR IN THE FAMILY immediately. If you have new contact information or will be traveling you will notify us immediately.
DO NOT PRESUME THAT WE KNOW WHERE AND WHEN YOU HAVE OBTAINED HEALTH CARE OR TESTING OR IMAGING. WE REPORT RESULTS OF TESTING OR IMAGING OR CONSULTS WHETHER THEY ARE NORMAL OR ABNORMAL.
IF YOU HAVE GONE FOR TESTING OR IMAGING OR CONSULTATION WE ORDER AND HAVE NOT OBTAINED RESULTS YOU WILL LET US KNOW BY CONTACTING US AT 1-646-957-5444.
IF WE ORDER ANY TESTING OR IMAGING OR A CONSULT, YOU WILL SCHEDULE A FOLLOW UP APPOINTMENT WITHIN ONE WEEK OF THE DAY TO REVIEW RESULTS.
Links to Third Party Sites
DOCTOR IN THE FAMILY may contain links to other independent third-party web sites. DOCTOR IN THE FAMILY provides these links for your reference only. DOCTOR IN THE FMAILY does not control these web sites. DOCTOR IN THE FAMILY is not responsible for them. DOCTOR IN THE FAMILY does not endorse their content and resources or any services offered through such third-party web sites.
Privacy
Please review our Privacy Policy which also applies to your use of DOCTOR IN THE FAMILY services.
Electronic Communications
When you use DOCTOR IN THE FAMILY Services or send e-mails or text messages or, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by text message unless you instruct us otherwise. If you prefer phone calls, voices mails, paper mail also call ‘snail mail’ let us know. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you receive electronic communication directly from DOCTOR IN THE FAMILY a human sent it.
Mobile / Wireless Phone Policy
By providing DOCTOR IN THE FAMILY with a mobile / wireless phone number, you give us consent to call you and leave you voicemails. We do not use any automated phone calls or texting message services although we may contract with a company that does for scheduling or appointment reminders.
Revisions and Errata
The materials appearing on DOCTOR IN THE FAMILY website could include technical, typographical, or photographic errors. DOCTOR IN THE FAMILY does not warrant that any of the materials on its website are accurate, complete, or current. DOCTOR IN THE FAMILY may make changes to the materials contained on its website at any time without notice. DOCTOR IN THE FAMILY does not, however, make any commitment to update the materials.
Disclaimers
DOCTOR IN THE FAMILY DOES NOT PROMISE THAT SERVICES OR ANY WEBSITE CONTENT, SERVICE OR FEATURE THEREOF WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF DOCTOR IN THE FAMILY SERVICES WILL PROVIDE SPECIFIC RESULTS. DOCTOR IN THE FAMILY SERVICES AND CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. DOCTOR IN THE FAMILY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
DOCTOR IN THE FAMILY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING THE INFORMATION, SERVICES, PRODUCTS, MATERIALS AND ANY OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THIS DIGITAL EXPERIENCE, INCLUDING ANY WARRANTIES OF ACCURACY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
DOCTOR IN THE FAMILY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE DIGITAL EXPERIENCE AND/OR ANY CAPSULE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE DIGITAL EXPERIENCE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST CAPSULE FOR DISSATISFACTION WITH THE DIGITAL EXPERIENCE OR ANY CONTENT IS TO STOP USING THE DIGITAL EXPERIENCE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of or use, whether for breach of contract, tort, negligence or any other cause of action.
DOCTOR IN THE FAMILY reserves the right to do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to DOCTOR IN THE FAMILY Website and Services, or any portion of thereof, for any reason; (ii) to modify or change the DOCTOR IN THE FAMILY Website and Services, or any portion of thereof, and any applicable policies or terms; and (iii) to interrupt the operation of the DOCTOR IN THE FAMILY Website and Services, or any portion of thereof, as necessary to perform routine or non-routine maintenance, error correction or other changes.
Limitations of Liability
IN NO EVENT WILL DOCTOR IN THE FAMILY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE DOCTOR IN THE FAMILY WEBSITE AND OR SERVICES, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM DOCTOR IN THE FAMILY WEBSITE OR SERVICES (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA ON DOCTOR IN THE FAMILY WEBSITE; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON DOCTOR IN THE FAMILY; OR (v) ANY OTHER MATTER RELATING TO THE DIGITAL EXPERIENCE, WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF DOCTOR IN THE FAMILY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION SHALL NOT BE APPLICABLE TO YOU.
If, notwithstanding the other provisions of these Terms of Use, DOCTOR IN THE FAMILY is found to be liable to you, any liability on the part of DOCTOR IN THE FAMILY will not exceed the fees paid by the user for the particular information or service provided. DOCTOR IN THE FAMILY is not liable for the unauthorized use of our Content by any other web sites.
Indemnification
You agree to indemnify and hold DOCTOR IN THE FAMILY, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against DOCTOR IN THE FAMILY by any third party due to or arising out of or in connection to your violation of these Terms of Use, or with your use of this Digital Experience.
Governing Law; Choice of Forum; Dispute Resolution
If any part of these Terms of use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not affect any other provision of these Terms of Use, all of which remain in full force and effect. You agree that all matters, including all disputes, relating to your access to or use of DOCTOR IN THE FAMILY information or services including its Contents, will be governed by the laws of the State of New York without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts for New York County, New York, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between DOCTOR IN THE FAMILY and you arising out of or in connection with your access to or use of DOCTOR IN THE FAMILY Website and Services, including its Contents, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Feedback and Information
DOCTOR IN THE FAMILY welcomes your feedback. Any feedback you provide through Capsule Digital Services will be deemed to be non-confidential. DOCTOR IN THE FAMILY will be free to use such information on an unrestricted basis.
Copyright Infringement Complaints
DOCTOR IN THE FAMILY respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on DOCTOR IN THE FAMILY in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3. identification of the URL or other specific location on the Digital Experience where the material that you claim is infringing is located;
4. your address, telephone number and e-mail address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our agent for notice of claims of copyright infringement on the Site can be reached by mail as follows: DOCTOR IN THE FAMILY, 35 EAST 35TH STREET, SUITE 1H, NEW YORK, NY 10016.
