Terms of Use

Effective Date: August 28, 2020

1. INTRODUCTION

Welcome to www.nyneurocare.com (the “Website”). The Website is owned and operated by NY NeuroCare Medical Services, PLLC (“NY NeuroCare,” “us,” or “we”), located at 8321 20th Avenue, Brooklyn, NY 11214. These Terms of Use govern your access to and use of the Website.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. By accessing or using the Website, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the Website.

2. PRIVACY AND YOUR ACCOUNT

Please review our Privacy Policy, which also governs your visit to the Website, to understand our privacy practices.

If you are under 18, you may use the Website only with the involvement of a parent or guardian. NY NeuroCare reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

3. CONSIDERATION

You agree that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including but not limited to your access to and use of the Website and the data, materials, and information available through the Website.

4. RESTRICTIONS ON USE; LIMITED LICENSE

All content on the Website, such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is the property of NY NeuroCare or its licensors and is protected by United States and international copyright laws. You are granted a limited license to access and make personal use of the Website. This license does not include any resale or commercial use of the Website or its contents.

5. USE AND PROTECTION OF PASSWORD AND ID

NY NeuroCare may assign a password and account ID to you so you can access and use certain areas of the Website. You are solely responsible for maintaining the confidentiality of your password and account ID and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or password.

6. SYSTEM REQUIREMENTS

Use of certain areas of the Website may require internet access and specific software or hardware. NY NeuroCare may modify these requirements at any time without notice. You are responsible for any costs associated with such requirements.

7. SUBMISSIONS

You may post content on the Website, such as reviews and comments, provided that it is not illegal, obscene, threatening, defamatory, infringing on intellectual property rights, or otherwise injurious to third parties. By submitting content, you grant NY NeuroCare a perpetual, non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display the content.

8. CONTENT LINKED TO THE WEBSITE

The Website may contain links to third-party websites that are not controlled by us. NY NeuroCare is not responsible for the content or privacy practices of any linked sites. We encourage you to review the terms and privacy policies of these sites before using them.

9. DISCLAIMER OF WARRANTIES

The Website and its content are provided "as is" without any warranties of any kind. NY NeuroCare disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless NY NeuroCare, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, and expenses arising from your use of the Website or your breach of these Terms of Use.

11. LIMITATION OF LIABILITY

NY NeuroCare will not be liable for any damages of any kind arising from your use of the Website, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

12. COPYRIGHT COMPLAINTS

If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the copyright owner.

  2. A description of the copyrighted work that you claim has been infringed.

  3. A description of where the material is located on the Website.

  4. Your address, telephone number, and email 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 information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

13. AMENDMENT

NY NeuroCare reserves the right to modify, add, or remove portions of these Terms of Use at any time without notice. Your continued use of the Website following any changes indicates your acceptance of the new terms.

14. TERMINATION

These Terms of Use are effective until terminated by either you or NY NeuroCare. You may terminate these Terms of Use by ceasing all use of the Website and destroying any materials obtained from the Website. NY NeuroCare may terminate these Terms of Use at any time without notice.

15. APPLICABLE LAW AND DISPUTES

These Terms of Use and any disputes arising from your use of the Website will be governed by the laws of the State of New York, without regard to its conflict of laws principles. Any dispute arising under these Terms of Use shall be resolved through binding arbitration in New York, New York.

16. ELECTRONIC COMMUNICATIONS

By using the Website, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website.

17. MISCELLANEOUS LEGAL PROVISIONS

If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. These Terms of Use constitute the entire agreement between you and NY NeuroCare regarding the Website.