CAREMOUNT owns and operates the Website. The purpose of the Website is to provide general information regarding health, healthcare and related topic, facilitate patient scheduling, inquiries and payment, and to provide access to certain in person and/or telemedicine services and consultations (“Services”).
Portions of the Website are generally publicly available and may be accessed by any Internet user. Other restricted sections of the Website, including the Portal and certain functionality require that you register with CAREMOUNT, and use a unique Registration Name and Password to access or receive certain Website Services. You agree that You will not access or attempt to access any portion of the Website that you are not authorized to access, and that you will not permit anyone else to use your unique Registration Name and Password (if you have one) to access any restricted section of the Website if they are not authorized to do so.
CAREMOUNT reserves the right without prior notice to discontinue any Website features, functions or content available on this Website at any time without incurring any obligations to you or any other party. Statistics provided on this Website are based upon patient and physician reporting and survey responses. Individual results from use of the Website or Services may vary.
The Website content is provided as a courtesy to you and other Website visitors and is intended to provide general information regarding health, healthcare and other related matters. The content is for educational purposes and may not be relied on for purposes of diagnosis or treatment of any individual or group of individuals. The Website is not an endorsement of any process, product, treatment, therapy, protocol or methodology.
THE CONTENT MADE AVAILABLE TO YOU ON THIS WEBSITE IS INTENDED TO PROVIDE YOU WITH GENERAL INFORMATION ONLY AND, UNDER SOME CIRCUMSTANCES, INFORMATION ON AND ACCESS TO THE SERVICES.
CAREMOUNT USES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THE ACCURACY OF THE CONTENT, BUT CAREMOUNT DOES NOT GUARANTEE THE SEQUENCE, ACCURACY, OR COMPLETENESS OF THE CONTENT AND SHALL NOT BE LIABLE IN ANY WAY TO YOU, OR ANYONE ELSE TO WHOM THE CONTENT MAY BE FURNISHED, FOR ANY DELAYS, INACCURACIES, UNAVAILABILITY, ERRORS OR OMISSIONS IN THE CONTENT. SUCH CONTENT IS RELIED UPON AT YOUR OWN RISK AND SOLE DISCRETION.
You should always consult Your CAREMOUNT physician or another appropriate medical professional concerning your particular health questions and before embarking on any health care activities or regimens.
The content on The Website, including without limitation the text, graphics, logos, button icons, images, video and audio clips, digital downloads, data compilations and software, is owned or licensed by CAREMOUNT or its affiliates or vendors and is protected under applicable United States and international patent, copyright, trademark and other intellectual property laws. The compilation of all content on The Website, as well as the original arrangement, organization, design, formatting, trade dress, look and feel of the Website is also the exclusive property of CAREMOUNT or its affiliates or vendors and is also protected by United States and international intellectual property laws. The Website may contain various third-party names and marks that are the property of their respective owners.
Any unauthorized use of our marks or of our copyrighted material or trade dress or any other intellectual property is strictly prohibited and may be prosecuted to the fullest extent that the law provides.
CAREMOUNT may, on occasion, provide you with an opportunity to submit content for consideration for posting to the Website including, by way of example, postings, feedback or data about The Website or use of The Website, such as ideas, comments or questions (“Submitted Content”). It is CAREMOUNT’s sole and exclusive discretion as to whether, where, and for how long the Submitted Content will be available on The Website. Submitted Content will not be given confidential treatment. CAREMOUNT will not have any obligation of any kind to you with respect to the Submitted Content. By Your submission of the Submitted Content, you represent and warrant that 1) you have the right to use, publish, share or disclose the Submitted Content; 2) that your use, submission, publishing, sharing or disclosure of the Submitted Content does not violate or interfere in any way with the intellectual property rights or interests of another and 3) that CAREMOUNT’s subsequent use, if any, of the Submitted Content will likewise not violate or interfere, in any way, with the intellectual property rights and interests of another.
The submission of your Submitted Content to CAREMOUNT affects an assignment to CAREMOUNT of a non-exclusive, perpetual license to use such material (along with any underlying or related ideas, concepts, techniques and know-how) and you agree to assign and hereby assign license of the Submitted Content to CAREMOUNT without charge. Under CAREMOUNT’s non-exclusive, perpetual license of the Submitted Content, CAREMOUNT is free to reproduce, copy, use, disclose and distribute the information to others, including without limitation incorporating Your Submitted Content (and any underlying or related ideas, concepts, techniques and know-how) into any CAREMOUNT Service or this Website, without compensation to you of any kind.
CAREMOUNT reserves the right to remove your Summited Content from the Website at its sole discretion, including but not limited to for the reasons set forth in the incorporated Intellectual Property Policy
Any submissions through the Website in connection with the Services pursuant to the Registration Agreement will be maintained as confidential as required by law or under CAREMOUNT’s contractual obligations.
You may view, copy, print and use content contained on this Website solely for your own personal or internal use, provided that: (1) it is used for informational and non-commercial purposes only; (2) no text, graphics or other content available from The Website is modified or framed in any way; and (3) no graphics available from The Website are used, copied or distributed separate from accompanying text. The use of any content for commercial purposes is expressly prohibited. Nothing in this Agreement is intended to, or may be construed as, conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of CAREMOUNT or any third party, except as expressly provided in this section.
You may not access, use or copy any portion of The Website through the use of indexing agents, spiders, scrapers, bots, web crawlers or other automated devices or mechanisms. You agree not to remove or modify any trademark legend or copyright notice, author attribution, or other notice placed on or contained within any of the Content.
You may not use, copy, modify, duplicate, distribute, translate, reproduce, republish, disassemble, reverse engineer, decompile, mirror, frame, hyperlink or transmit any of the content or materials of The Website or rent or sell use of or access to (such as on a time share or service bureau basis) The Website, or any of the content or materials on The Website. You may not permit third parties to access this Website or use any Website content and may not make any other use of The Website or any Website content except as set forth in this Agreement, unless otherwise expressly agreed to in writing by CAREMOUNT.
You may not harvest or collect information about others, including e-mail addresses. Any conduct by you that, in CAREMOUNT’s sole discretion, restricts or inhibits any other person from using or enjoying the Website will not be permitted.
You understand and agree that CAREMOUNT may terminate or otherwise deny your access to The Website without notice in the event CAREMOUNT believes, in its sole discretion, that (i) you have violated a provision of this Agreement or Your Registration Agreement, (ii) you have used or misused The Website in a manner that CAREMOUNT has determined is unlawful, unethical or otherwise inappropriate, or (iii) such action is reasonably necessary to protect a third party or CAREMOUNT or if such action is otherwise required by law.
You acknowledge and agree (1) that your use of this Website is at your own discretion and risk, (2) that use of any material, information or data downloaded or otherwise obtained through the use of The Website is at your own discretion and risk, and (3) that you are solely responsible for any damage to your computer system for loss of data that results from the download of such material, information or data, and for any other form of damage that may be incurred.
The Website may contain links to, or be accessed through links on, websites managed and operated by or on behalf of third party entities. These links are provided as a courtesy to you and for general information purposes only. These third parties are separate and independent entities and are not agents of CAREMOUNT. CAREMOUNT does not have control over such third party websites or the content of such websites. As a result, CAREMOUNT does not have responsibility for the information, misinformation, errors, availability, operation or performance of any such third party website to which The Website may link or from which The Website may be accessed.
Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by CAREMOUNT. Any views expressed by third parties on The Website are solely the views of such third party and CAREMOUNT assumes no responsibility for the accuracy or veracity of any statement made by such third party.
THE WEBSITE AND ALL INFORMATION, SERVICES AND RELATED MATERIALS IT CONTAINS ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS.” CAREMOUNT MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, CURRENCY, OR ADEQUACY OF, OR THE SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THIS WEBSITE OR THE INFORMATION OR MATERIALS IT CONTAINS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CAREMOUNT AND ITS AFFILIATES AND VENDORS, SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE AND THE INFORMATION AND MATERIALS CONTAINED ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE.
USE OF THE INTERNET IS INHERENTLY UNRELIABLE. AS A RESULT, CAREMOUNT DOES NOT WARRANT THAT THE WEBSITE OR YOUR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CAREMOUNT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
WHILE CAREMOUNT TAKES COMMERCIALLY REASONABLE EFFORTS TO PROTECT THE PRIVACY AND CONFIDENTIALITY OF YOUR INFORMATION AND TRANSACTIONS, CAREMOUNT CANNOT ENSURE ANY INTERNET TRANSACTION IS COMPLETELY SECURE. CAREMOUNT USES INDUSTRY STANDARD TECHNOLOGY TO HELP PROTECT AGAINST THE LOSS, MISUSE AND ALTERATION OF THE INFORMATION UNDER CAREMOUNT’S CONTROL; HOWEVER, CAREMOUNT DOES NOT GUARANTEE THAT SUCH LOSS, MISUSE OR ALTERATION WILL NOT OCCUR. YOU UNDERSTAND THAT USE OF THE INTERNET AND THIS WEBSITE IS AT YOUR OWN RISK. NEITHER CAREMOUNT, NOR ITS VENDORS, AFFILIATES OR SUPPLIERS ARE RESPONSIBLE FOR ANY VIRUS OR DAMAGE TO YOUR COMPUTER, COMPUTER SOFTWARE, OR ANY LOSS OF DATA THAT MAY RESULT FROM USE OF THE WEBSITE OR ACCESS TO ANY SERVICES.
The Website may be unavailable from time to time due to mechanical, telecommunication, software, and third-party vendor failures. CAREMOUNT cannot predict or control when such downtime may occur and cannot control the duration of such downtime. As a result, CAREMOUNT cannot and does not have any liability for such failures. Reasonable efforts are taken to ensure the accuracy and integrity of information and related materials provided by CAREMOUNT on The Website, but CAREMOUNT is not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors. Information and related materials are subject to change without notice.
No advice or information from CAREMOUNT in any manner will create any warranty as to The Website or any product, service or material available through The Website. If for any reason you are not satisfied with The Website or its content, your sole remedy is to cease using The Website or such content, even if such remedy should fail of its essential purpose.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
IN NO EVENT WILL CAREMOUNT OR ANY OF ITS RESPECTIVE VENDORS, AFFILIATES, OFFICERS, MEMBERS, REPRESENTATIVES, SUPPLIERS, DIRECTORS, EMPLOYEES, CONSULTANTS, OWNERS, OR AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS, BUSINESS, REVENUE, EXPECTED SAVINGS OR BUSINESS INTERRUPTION, OR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR OTHERWISE RELATED TO THE WEBSITE OR YOUR USE OF THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CAREMOUNT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE OTHERWISE FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF SUCH DAMAGE IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE WEBSITE. NOTWITHSTANDING THE FOREGOING, IN ANY EVENT, THE AGGREGATE LIABILITY OF CAREMOUNT AND ITS AFFILIATES AND VENDORS FOR ANY REASON SHALL NOT EXCEED $100.00 US, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS CAREMOUNT, ITS VENDORS, AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, CONSULTANTS, AND AGENTS FROM AND AGAINST ANY CLAIMS, ALLEGATIONS, DAMAGES, LOSSES, LIABILITIES OR EXPENSES (INCLUDING, BUT NOT LIMITED TO ATTORNEYS’ FEES) THAT SUCH PARTY MAY SUFFER OR INCUR AS A RESULT OF (I) YOUR USE OR MISUSE OF THE WEBSITE, (II) YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF CAREMOUNT, OR ANY OTHER PERSON OR ENTITY, (III) YOUR VIOLATION OF ANY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION ANY PRIVACY OR DATA SECURITY LAW OR REGULATION, OR (IV) YOUR VIOLATION OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, CAREMOUNT RESERVES THE RIGHT TO PARTICIPATE IN THE DEFENSE OF ANY SUCH CLAIM, SUBJECT TO YOUR INDEMNIFICATION OBLIGATION.
This Agreement is governed by and interpreted under the laws of the State of New York and the federal laws of the United States, without regard to conflicts of laws principles. This Agreement and access to The Website will be deemed to have been performed and occurred in the State of New York and the courts of that State will have exclusive jurisdiction to entertain any action arising under this Agreement. You hereby irrevocably submit to the exclusive jurisdiction and venue of the courts of the State of New York, the County of Westchester and waive any objections as to personal jurisdiction, venue and forum nonconveniens.
In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs. Any cause of action or claim with respect to The Website must be commenced within one (1) year after the action or claim arises.
You agree that CAREMOUNT may seek injunctive or equitable relief through a court of competent jurisdiction in the event of any misuse of its intellectual property or any misuse of its Website or systems, without the posting of a bond, proof of damages or other similar requirement.
(b) Enforceability: If for any reason a court of competent jurisdiction finds any provision or portion thereof to be unenforceable, the remainder of the terms of the Agreement shall continue in full force and effect.
(c) Entire Agreement: Unless otherwise noted in a written agreement, duly executed by and between CAREMOUNT and you, this Agreement and the incorporated documents represent the entire agreement between the parties with respect to your access and use of The Website and Services in connection therewith. It supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the matters discussed herein, unless otherwise expressly noted in writing.
(e) Survival: Certain provisions, by their nature or as explicitly stated, will survive any termination or expiration of this Agreement. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition will be severable and shall not affect the validity and enforceability of any remaining condition.
(g) CONTACT: If You have any questions about this Agreement, please contact us at:
Doris R. Varlese, Esq.
CareMount Medical, P.C.
Eff. Date: 11/9/2017