Terms of Use
Effective Date: October 1, 2014
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
JIB Medical, P.C. provides the Wellness website and website-related services (collectively, the “Website”) subject to your compliance with the terms and conditions set forth in this mandatory Terms of Use agreement (the "Terms of Use"). By using this Website, you signify your assent to these Terms of Use. If you do not agree to all of these Terms of Use, do not use this Website.
Changes to these Terms of Use are discussed at the end of this document. Each time you use the Website, the current version of the Terms of Use will apply. Accordingly, each time you use the Website you should check the date of the Terms of Use and review any changes since the last time you used the site.
The Wellness Website Does Not Provide Medical Advice
The content of the Website, such as text, graphics, images, information obtained from JIB Medical, P.C. licensors, and other material contained on the 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 Website.
If you think you may have a medical emergency, call your doctor or 911 immediately. JIB Medical, P.C. does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided by JIB Medical, P.C., its licensors, or other visitors to the Website is solely at your own risk.
Ownership
Copyrights. All content on this Website, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (collectively, the "Content"), are either Copyright © [Earliest year]-2014 JIB Medical, P.C., or are the proprietary property of JIB's affiliates or licensors. All rights reserved. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without JIB Medical, P.C. prior written permission, except that you may download and print a single copy of the material on the Website for your personal, noncommercial use, provided that you keep all copyright or other proprietary notices intact. Any special rules for other items accessible on the Website may be included elsewhere within the Website and are incorporated into these Terms of
Use by reference. Please note that this limited consent may be revoked at any time and does not include consent to republish Content on any Internet, Intranet or Extranet site or to incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited. You further agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from this Website, including but not limited to customer identities. If you believe that your copyrighted material has been improperly used on this Site, please contact [wellness@jibei.com].
Trademarks. All trademarks on the Website are either trademarks or registered trademarks of JIB Medical, P.C. or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of JIB Medical, P.C or its licensors. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of JIB Medical, P.C, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of JIB Medical, P.C.. Other trademarks, registered trademarks, product names, and company names or logos displayed on the Website are the property of their respective owners.
Software. Any software, including any files, images generated by the software, code, and data accompanying the software (collectively, "Software"), used or accessible through this Site may be used by you solely for accessing and using this Site for purposes expressly stated on the Site. We do not transfer the title to the software to you and we retain full and complete title and all intellectual property rights therein. You may not sell, distribute, decompile, reverse engineer, dissemble, or otherwise reduce the software to any other form whatsoever.
Third Party Content. The Website may include third-party content and links to websites or content owned or operated by third parties (collectively, "Third-Party Content"). JIB Medical, P.C. does not own, control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content. You acknowledge and agree that JIB Medical, P.C. is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such ThirdParty Content at their own risk.
Links to the Website.
Framing, in-line linking or other methods of association with the Website are expressly prohibited without prior written approval from JIB Medical, P.C.
Limited License To Use The Website
Subject to your acceptance of, and compliance with, these Terms of Use, JIB Medical, P.C. grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial use only. All other rights not expressly granted in these Terms of Use are hereby reserved by JIB Medical, P.C.
User Conduct
General.
In using this Website, you agree:
(a) not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers or networks connected to or accessible through the Website or affiliated or linked websites;
(b) not to disrupt or interfere with any other user's enjoyment of the Website or affiliated or linked websites;
(c) not to upload, post, or otherwise transmit through or on this Website any viruses or other harmful, disruptive or destructive files;
(d) not to transmit through or on this Website spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
(e) not to attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access; and,
(f) not to use this Website to seek, provide or obtain specific medical advice, medical opinion, diagnosis or treatment as applied to a patient’s particular condition or situation.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted on or in connection with this Website, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, which relate to your use of or activities on this Site. This Site is controlled and operated in the United States. If you are in a jurisdiction which restricts you from accessing this Site, do not access or use this Site. JIB Medical, P.C. makes no representation that the Site is appropriate or available for use outside the United States.
User Submissions
Subject to any applicable terms and conditions set forth in our Wellness Website Privacy Policy, any material that you submit on, through or in connection with this Website by electronic mail or otherwise, such as any questions, comments, suggestions, information, success stories, images, data or the like (collectively, “User Content”), will be considered non-personal, non-confidential, and non-proprietary and JIB shall have no obligation of any kind with respect to such information.
By submitting any User Content on, through or in connection with the Website, you hereby grant an worldwide, non-exclusive, perpetual, irrevocable, royalty-free, unconditional, transferable, sub licensable, fully paid right and license: (a) to make, have made, use, copy, reproduce, modify and to create derivative works of any User Submission in any media, software or technology of any kind now existing or developed in the future, including the advertising thereof; (b) to use the name and likeness of any person mentioned or included in the User Submission in connection
with any use of the User Submission and in connection with any derivative works that may be created from the User Submission ; (c) to publicly perform or display, import, broadcast, transmit, distribute (directly and indirectly through multiple tiers), license, offer to sell, and sell, rent, lease or lend copies of the User Submission and derivative works thereof; and (d) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, all without expectation of compensation. You hereby waive any moral rights you may have in and to any of your User Submissions, even if such material is altered or changed. You understand and agree that JIB Medical, P.C. shall be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products.
By submitting any User Content on, through or in connection with the Website, you represent and warrant that you own or have the necessary licenses to grant the license provided above. You further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the User Submissions and to grant JIB Medical, P.C. all of the license rights granted herein, or (ii) submit material that is unlawful, defamatory, obscene, libelous, pornographic, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate.
No Warranties
The use of the Website and the Content is at your own risk.
When using the Website, information will be transmitted over a medium that may be beyond the control and jurisdiction of JIB Medical, P.C. and its suppliers. Accordingly, JIB Medical, P.C. 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 Website.
The Website and the Content are provided on an "as is" basis.
JIB MEDICAL, P.C., ITS LICENSORS, 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, JIB Medical, P.C., its licensors, and its suppliers make no representations or warranties about the following:
1. The accuracy, reliability, completeness, correctness, or timeliness of the Content, Software, text, graphics, links, or communications provided on or through the use of the Website.
2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Website.
Limitation of Liability
In no event shall JIB Medical, P.C., its licensors, its suppliers, or any third parties mentioned on the Website be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Website or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Website, its licensors, its suppliers, or any third parties mentioned on the Website are advised of the possibility of such damages. JIB Medical, P.C., its licensors, its suppliers, or any third parties mentioned on the Website shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. JIB Medical, P.C., its licensors, its suppliers, or any third parties mentioned on the Website are not liable for any personal injury, including death, caused by your use or misuse of the Website or Content. Any claims arising in connection with your use of the Website, any Content, or the public forums must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.
Indemnification
You agree to defend, indemnify, and hold JIB Medical, P.C., 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, your violation of these Terms of Use.
Privacy Policy
You acknowledge and agree that JIB Medical, P.C. may use the data collected on, through, or in connection with the Website as identified in our Website Privacy Policy.
Website System Integrity
You may access our system for normal non-commercial use. You may not use any device, software, routine, or agent to interfere or attempt to interfere with the proper working of our Website. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure. We implement the necessary standards and regulations to the access of our services and the operations of our website.
This Website Is Intended for Use in the United States
JIB Medical, P.C. is based in the United States of America. JIB Medical, P.C. makes no claim that the Website or Content is 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 Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Jurisdiction; Waiver; Severability
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 fact finder 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.
You expressly agree that all disputes with JIB Medical P.C., or in any way relating to your use of the Website, shall be brought before the American Arbitration Association (“AAA”) in accordance with its rules for initiating arbitrations. The venue shall be the AAA’s New York, New York regional office and you expressly consent to the exercise of personal jurisdiction in the State of New York in connection with any such dispute including any claim involving JIB Medical, P.C. or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
Complete Agreement
These Terms of Use constitute the entire agreement between you and us pertaining to our Website.
Changes to the Terms of Use
We may change these Terms from time to time. If we do, we’ll provide notice of any changes, such as by posting the most recent version on our Services and updating the "Last Updated" date above. You can view the latest Terms any time by clicking the "Terms of Use" link at the bottom of the applicable webpage. We encourage you to check for updates regularly. Your continued use of the Services following any notice we provide will confirm that you have agreed to the amended Terms. If you do not agree to the amended Terms, you must stop using the Services.
Contact us
To contact us regarding this policy and our related privacy practices, please contact us at:
Michael Delio 158-11 Harry Van Arsdale Jr. Ave. Flushing, NY 11365 mdelio@jibei.com
