Terms & Conditions of Use
These terms and conditions of use are a legal agreement (these “Terms”) between you and Elliott M. Stein M.D. establishing terms and conditions under which you may access and use the services and features available on Elliott M. Stein M.D.’s website located at https://www.elliottsteinmd.com/ . The Website will be referred to in these Terms as the “Services.”
BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
By using the Services, you hereby represent and warrant that: (1) you are an individual of at least 18 years of age; (2) you have the legal power and authority to agree to, and be bound by, these Terms; and (3) if you have provided information to us in connection with your use of the Services, such information is true and accurate.
We may revise and update these Terms at any time and without notice. Your continued use of the Services will constitute your acceptance of these changes and the current version of these Terms.
The Services Do Not Provide Medical or Legal Advice
Nothing on this site constitutes medical or legal advice. Do not provide any confidential information until a formal professional relationship has been established. Nothing on this website creates a medical and/or legal patient or client relationship. If you need legal advice or assistance, contact an attorney. If you require medical or psychiatric advice or services, contact a personal psychiatrist or other mental health provider, physician or medical care provider, or clinic. If you are having a medical or psychiatric emergency, call 911 or go to the nearest emergency department.
Dr Stein is not currently accepting new patients for clinical evaluation or treatment. Dr. Stein retains the right to refuse to become involved in a case for undisclosed reasons.
The information and content in the Services, including but not limited to text, graphics, images, videos, and other material contained in the Services, is for informational purposes only and is not intended as a substitute for professional medical advice, help, diagnosis, or treatment. Always seek the advice of your physician or other qualified health-care provider with any questions you have regarding your medical care and never disregard professional medical advice or delay seeking it because of something you have read on or via the Services. Nothing contained in the Services is intended to constitute a medical diagnosis or treatment. Nothing in the Services is intended as a recommendation or endorsement of any specific test, product, procedure, opinion, or other information that may be mentioned in the Services. Reliance on any information appearing in the Services, including but not limited to information provided by Elliott M. Stein M.D. personnel or by other users of the Services, is solely at your own risk.
Elliott M. Stein M.D. does not warrant the accuracy, completeness, timeliness, or usefulness of the opinions, advice, content, services, or other information provided through the Services or on the Internet generally. The Services may contain health- or medical-related materials or information that you may find sexually explicit or otherwise offensive.
Elliott M. Stein M.D. and its affiliates, licensors, and suppliers have no control over and accept no responsibility for your compliance with the laws applicable to your country or state of residence.
Intellectual Property Rights and Restrictions
Elliott M. Stein M.D. hereby grants you a personal, non-exclusive, non-transferable, limited, revocable right to use the Services for personal, non-commercial purposes only and in accordance with these Terms. You agree not to use the Services for any other purpose, including but not limited to any commercial purpose, without the prior written consent of Elliott M. Stein M.D.. For example, you may not (and may not direct or authorize any other party to) (1) co-brand any Website, App, or any portion thereof, (2) frame any Website or any portion thereof (whereby the Website will appear on the same screen with a portion of another website), or (3) link any Website to any other website. "Co-brand" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user of the Services the impression that such party has the right to display, publish, or distribute the Services or any content accessible within the Services. You agree to cooperate with Elliott M. Stein M.D. in causing any unauthorized co-branding, framing or linking immediately to cease.
The material and content accessible within the Services and any other website or mobile application owned, operated, licensed, or controlled by Elliott M. Stein M.D. (collectively, the "Content") is the intellectual property and proprietary information of Elliott M. Stein M.D. or the party that provided the Content to Elliott M. Stein M.D. (as applicable). All title to, ownership of, and rights in and to such Consent is, and at all times shall remain, the sole and exclusive property of Elliott M. Stein M.D. and its content providers (as the case may be). Accordingly, you may not copy, distribute, republish, upload, post, transmit, or create derivative works of the Content in any way without the prior written consent of Elliott M. Stein M.D., except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause or direct to be removed or altered, any copyright, trademark, service mark, trade name, or any other proprietary notice or legend appearing on the Services or on any of the Content.
You may not use any Elliott M. Stein M.D. names or trademarks in any advertising or publicity or otherwise to indicate or imply sponsorship of or affiliation with any product or service, without the prior written consent of Elliott M. Stein M.D..
The Services may contain hyperlinks, directly or by means of search results, to other websites that are not maintained by or affiliated with Elliott M. Stein M.D.. Hyperlinks to such third-party websites are provided as a service to users and are not sponsored by or affiliated with the Services or with Elliott M. Stein M.D.. Elliott M. Stein M.D. has not reviewed any or all of such websites and is not responsible for the content of those websites. Hyperlinks are to be accessed at your own risk, and Elliott M. Stein M.D. makes no representations or warranties about the content, completeness, or accuracy of these hyperlinks or the sites hyperlinked to the Services. Further, the inclusion of any hyperlink to a third-party website does not necessarily imply endorsement by Elliott M. Stein M.D. of that website or the material or content contained therein.
Consent to Use Of Data
You agree that, consistent with our Privacy Policy, Elliott M. Stein M.D. may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Services. Elliott M. Stein M.D. may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. For more information, please see our current Privacy Policy.
Communication Policy
In the event the following functionality exists on the Services, Elliott M. Stein M.D. reserves the right but is not obligated to do any or all of the following:
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Record the dialogue in any public chat rooms;
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Investigate any allegation that a communication does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication;
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Remove any communication that in Elliott M. Stein M.D.’s sole discretion is abusive, illegal, disruptive, or otherwise fails to comply with these Terms;
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Terminate your access to the Services or any area thereof upon any breach of these Terms;
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Monitor, edit, or disclose any communication in the public areas; and
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Edit or delete any communication posted on the Services, regardless of whether such communication violates these standards.
No Warranty
THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. ELLIOTT M. STEIN M.D. HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES. ELLIOTT M. STEIN M.D. DOES NOT WARRANT THAT THE CONTENT CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ELLIOTT M. STEIN M.D. DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT ON THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND ELLIOTT M. STEIN M.D. MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. ELLIOTT M. STEIN M.D. MAKES NO WARRANTIES THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT PROVIDED HEREIN.
BY ACCESSING THE SERVICES, YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SERVICES AND ANY PRODUCTS OR SERVICES DESCRIBED HEREIN.
NO CLAIMS ARE MADE, IMPLIED OR PROMISED ABOUT THE COMPLETENESS OR ACCURACY OF THE INFORMATION ON THIS WEBSITE OR ON ANY OTHER WEBSITE LINKED TO THIS ONE. STATISTICAL AND RESEARCH INFORMATION ON THIS WEBSITE IS AN APPROXIMATION OF DATA OBTAINED FROM A VARIETY OF SOURCES, SOME OF WHICH MAY HAVE VARIABLE OR INCONSISTENT INFORMATION, AND IS SUBJECT TO CHANGE.
Limitation of Liability
Under no circumstances shall Elliott M. Stein M.D. or any of its directors, officers, affiliates, employees, agents, representatives, medical staff, successors, or assigns be liable to you or any other party for any punitive, special, incidental, indirect, or consequential damages whatsoever, however arising (including, without limitation, our negligence), including, without limitation, damages resulting from loss of use, data, sales, goodwill, or profits, whether or not we have been advised of such possibility, or under any legal or equitable theory, in tort, in contract, at equity, or otherwise, arising out of or in connection with your use of the Services.
Your sole and exclusive remedy for dissatisfaction with the Services is to stop using the Services. All information is transmitted over a medium that is beyond the control and jurisdiction of Elliott M. Stein M.D.. Accordingly, Elliott M. Stein M.D. assumes no responsibility for, or relating to, delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Services or other sites or services accessed via the Services.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Elliott M. Stein M.D. DISCLAIMS ANY AND ALL LIABILITIES OR OBLIGATIONS WHATSOEVER RELATED TO THE USE OF THE SERVICES BY ANYONE OTHER THAN YOU.
Indemnity
You shall indemnify and hold Elliott M. Stein M.D., its directors, officers, affiliates, employees, agents, representatives, medical staff, successors, and assigns (the "Indemnified Parties”) harmless from any breach by you of these Terms, including any use of the Services other than as expressly authorized in these Terms. You agree that the Indemnified Parties shall have no liability in connection with any such breach or unauthorized use.
General
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of laws principles.
These Terms can be modified by Elliott M. Stein M.D. at any time, and such modification shall be effective immediately upon posting. You agree to review these Terms periodically to be aware of such modification and your access or use of the Services shall be deemed your acceptance of the modified agreement.
Privacy
Elliott M. Stein M.D. is committed to respecting and protecting your privacy. Our current Privacy Policy is available at https://www.elliottsteinmd.com/privacy-policy and is incorporated by reference herein.
Any questions or comments should be directed to Elliott M. Stein M.D. Web Services.
Last updated: 09/10/2020