These terms explain your rights and responsibilities when using Spine-1-1.
Effective Date: August 1, 2015
Please note that we offer the Services "AS IS" and without warranties. If you are using the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual's or entity's behalf.
I. CERTAIN INFORMATION REGARDING THE SITE
You acknowledge that while some Content may be provided by individuals in the medical field, the provision of such Content does not create a medical professional/patient relationship, and does not constitute a medical opinion, medical advice, or diagnosis or treatment, but is provided to assist you with locating appropriate medical care from a spine care physician or specialist (collectively, “Providers”). “Content” means text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, content and other materials provided, made available or otherwise found through the Services and/or Site.
We do not make any guarantees, representations or warranties, expressed or implied, with respect to professional qualifications, expertise, quality of work, insurance coverage or benefit information, or other content through the Services. We are not liable to you or anyone else for any decision made or action taken by you in reliance on any such Content.
II. NO PROVISION OF MEDICAL ADVICE
The Content that you obtain or receive from Spine-1-1, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services is for informational purposes only. All medically-related information shared on the Spine-1-1 website comes from independent healthcare professionals and organizations and is for information purposes only.
Information on this Website should never replace the advice of a physician. IF YOU HAVE, OR ARE HAVING, A MEDICAL EMERGENCY, YOU SHOULD CONTACT YOUR PHYSICIAN OR LOCAL EMERGENCY NOTIFICATION SYSTEM, OR GO TO YOUR LOCAL EMERGENCY ROOM.
We do not recommend or endorse any specific tests, Providers, procedures, opinions, or other information that may appear on the Spine-1-1 Website. If you rely on any Content provided on the Website, you do so solely at your own risk.
III. NO PHYSICIAN/PATIENT RELATIONSHIP
NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING THE SPINE-1-1 WEBSITE OR ANY CONTENT CONTAINED ON SUCH WEBSITE, WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM SPINE-1-1 INCLUDING, BUT NOT LIMITED TO, THE [“FIND A PROVIDER”] FEATURE, LINKS TO OTHER SITES OR ANY ASSISTANCE SPINE-1-1 OR ITS AGENTS MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE PROVIDER.
We have no control over, and cannot guarantee the availability of any Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury resulting therefrom, or for any other injury resulting or arising from or related to the use of the Site or Services whatsoever.
You are strongly encouraged and advised to perform your own investigation prior to selecting a Provider. This can be done through contacting the appropriate licensing or certification authorities to verify listed credentials and other information about a particular Provider, by confirming any such information with the Provider’s office, your current healthcare providers, the medical association(s) relevant to the Provider’s specialty and your state medical board(s) or by any other method that you deem appropriate.
IV. AUTHORIZATION AND ACKNOWLEDGEMENT; IMPORTANT INFORMATION ABOUT PROVIDER RELATIONSHIPS AND LISTS
In connection with using the Site and the Services to locate Providers, you understand that:
YOU ARE ULTIMATELY RESPONSIBLE FOR CHOOSING YOUR OWN PROVIDER.
Spine-1-1 uses reasonable efforts to ensure that Providers only participate in the Services if they hold all active licenses required by law to practice the services offered by them, and are not excluded from participation in the Medicare and Medicaid programs, and meet certain other objective criteria. However, Spine-1-1 does not endorse or recommend any specific provider and you are ultimately responsible for selecting your own health care professional.
Providers listed through the Services with whom you may book appointments enter into contracts with us, and pay us a fee in order to be marketed through the Services. We will provide you with lists and/or profile previews of Providers who may be suitable to provide the spine care services you seek based on information that you provide to us (such as insurance and geographical location), but Spine-1-1 (a) does not recommend or endorse any Providers, (b) does not make any representations or warranties with respect to these Providers or the quality of the services they may provide, and [(c) does not receive any additional fees from Providers for featuring them (i.e., higher or better placement on lists) through the Services.
V. ACCURACY OF CONTENT
We do not warrant, and are not liable for, the accuracy, completeness, timeliness or usefulness of information, opinions, services or other information provided through the Website or on the Internet generally. We shall not independently review or verify the accuracy or completeness of the information shared on the Website.
This Site may include links to other sites that are not owned or under our control and we are not responsible for, and make no representations, warranties or recommendations with respect to the usefulness, availability or content of any such sources, and you assume all responsibility with respect to the use of such site and any and all information or services furnished through such sites. Further, the information, opinions, and advice (if any) in articles posted on, or linked to, this Website are solely those of the author.
The information on the Website may be changed periodically without prior notice. All content on the Website is provided “as is.” Use of such information is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. Your sole and exclusive remedy for dissatisfaction with the Website is to stop using the Website.
A. Your Responsibilities
While the Services of Spine-1-1 are provided free of charge to users of the Website looking for a Provider, usual, customary and any other charges for any medical or related services that may be rendered to you by Providers will apply, and will be based upon your arrangement with any such Provider and your insurance company, if any, and will be entirely your responsibility. Spine-1-1 shall have no responsibility in connection with any medical professional/patient relationship that may arise after the use of our Site. You must resolve any dispute between you or any Provider directly with the Provider.
You are responsible for all use of the Services. You may only use the Site and the Services for lawful, non-commercial purposes. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services or computer systems or networks, through hacking or any other means. You may not accumulate or index, directly or indirectly, any Content or portion of the Site and/or Services (including, without limitation, Provider or practice information) for any purpose whatsoever.
B. Responsibilities of Providers and Others in the Healthcare or Medical Industries
Regardless of whether you use the Site or Services as one seeking a medical professional, if you are a Provider or other person or entity in the healthcare or medical industries, you acknowledge and agree that:
1. You will not use the Site/Services to view, access or otherwise use, directly or indirectly, Content for any purpose other than your own personal use as a patient or prospective patient.
2. You will not use the Services, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations.
VII. CHANGES TO THE SERVICES; ADDITIONAL TERMS
A. Changes to the Services
We may, from time to time, add, subtract or change the Services provided by Spine-1-1. You agree that the use of new services will be governed by this Agreement and that Spine-1-1 will not be liable to you or any third party for any suspension or discontinuation of any of the Services or portion thereof.
B. Additional Terms Certain of the Services may have additional terms (including without limitation policies, guidelines, and rules) that will further govern your use of that particular Service, and supplement this Agreement. If you choose to access or use any such Services, you may be presented with such additional terms. By using those Services, you agree to comply with any such additional terms, which are incorporated by reference into this Agreement.
VIII. LINKS TO OTHER WEBSITES
The Services may include links to other websites on the Internet. We are not responsible for and do not endorse the content, products, services or practices of any third party websites and do not make any representations regarding their quality, content or accuracy. Your use of third party websites is at your own risk and subject to the terms and conditions of use for such websites. Spine-1-1 does not monitor such sites and we cannot guaranty that these websites do not contain objectionable, unlawful, or inaccurate materials. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites.
IX. YOUR USE OF CONTENT
All Content included on the Website including, but not limited to, text, photographs, video, documents, graphics, button icons, images, artwork, names, logos, trademarks, service marks and data, in any form including the compilation thereof, are proprietary to us or our licensors and protected by U.S. and international copyright law and conventions. Except as set forth below, direct or indirect reproduction of the Content, in whole or in part, by any means, is prohibited without express written consent. You are authorized only to use the Website for personal use and are not authorized to reproduce, sell or exploit the Website or content of the Website for commercial purposes. We do not transfer any intellectual property rights to you by permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site or Services in whole or in part, for any commercial gain or purpose whatsoever. Except as expressly and unambiguously provided herein, neither Spine-1-1 nor its suppliers grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by Spine-1-1 to you are retained by Spine-1-1.
X. LIABILITY OF US AND OUR AFFILIATES
We, and our affiliates, do not assume any liability for the materials and information provided on, or available through, the Site. Reliance on the Content is solely at your own risk. We, and our affiliates, disclaim any liability for injury or damages resulting from the use of any Content.
THE SITE, THE CONTENT AND THE SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE, OUR AFFILIATES, ANY PERSON ASSOCIATED WITH US OR ANY OF ITS AFFILIATES (COLLECTIVELY, “OUR AFFILIATES”) DO NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE, THE CONTENT OR THE SERVICES. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER WE, NOR OUR AFFILIATES WARRANT OR REPRESENT THAT THE SITE, THE CONTENT OR THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT IT WILL NOT BE SUBJECT TO UNAUTHORIZED ACCESS BY THIRD PARTIES; OR THAT THE SITE, THE CONTENT OR THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
IN NO EVENT WILL WE OR OUR AFFILIATES OR THEIR CONTRACTORS, BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, THE CONTENT, THE SERVICES OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE, THE CONTENT OR THE SERVICES, WHETHER OR NOT THERE IS NEGLIGENCE BY US OR OUR AFFILIATES, AND WHETHER OR NOT WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
No action arising under or in connection with this Agreement, regardless of the form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law principles. Any cause of action you may have with respect to the Site or any Service shall be in the state or federal courts located in Nassau County, New York. You agree to submit to the jurisdiction of such courts.
If any part of this Agreement is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of this Agreement shall remain in full force and effect.
We may assign this contract at any time, including without limitation to any parent, subsidiary or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.
Any failure by us to insist upon or enforce strict performance of any provision of this Agreement shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and us nor any trade practices shall be deemed to modify this Agreement.
Testimonials: These are testimonials actually received. They are individual experiences by persons who have used our services or the services of spine care physicians and specialists that participate with us in some way or other. They are individual results and we do not claim that they are typical results that consumers will generally achieve.
Content: Spine-1-1 posts articles, reports, studies and other publications on its website that are written by third parties (“Content”). Such Content is owned by the authors and is licensed to Spine-1-1 for publication on the website. The Content on this website is offered only for general informational and educational purposes and does not constitute medical advice, medical opinion, diagnosis or treatment.
Content: The information and views contained within the posted Content are those of the author(s) and do not necessarily reflect the opinions of Spine-1-1 or any of the spine care physicians and specialists associated with Spine-1-1. You should not act or rely on any information contained in this website without first consulting a physician. Spine-1-1 does not accept any responsibility for any loss which may arise from reliance on information contained on this site.
Spine-1-1 strives to improve consumers’ healthcare experience. We screen each spine care physician and specialist (each a “Provider”) who wishes to become a member of the Spine-1-1 program to ensure that they meet the following criteria:
Spine-1-1 continues to monitor its member Providers throughout their membership with Spine-1-1, which includes, but is not limited to, verifying that the member Providers remain licensed and in good standing and surveying patients to assure that patients are receiving the highest level of satisfaction and care.
Providers who pass our screening requirements pay a flat-rate monthly membership fee. Members who fail to maintain our high standards may be removed from the service. Spine-1-1 does not dictate member Providers' fees, treatment options or the manner in which they practice.
Consumers who call us or visit our website are asked to provide information including their geographic location, insurance and [spine care need]. Based on these factors, Spine-1-1 searches and recommends member Providers who fit the consumers’ criteria. Whenever possible, Spine-1-1 directly connects callers to the Provider's office so they can make an appointment. The service is completely free to consumers.