Effective Date: Oct 14, 2020
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this site, you signify your assent to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this website.
330 Avenue Medical Health PC d/b/a AposTherapy NY (“AposTherapy NY,” “we,” “us” or “our”) operates and/or provides the website located at https://www.aposhealth.com/ (the “website” or the “service”). We may revise and update these Terms and Conditions at any time. Your continued usage of the website will mean you accept those changes.
The Website Does Not Provide Medical Advice
The contents of the website, such as text, graphics, images, and other materials created by AposTherapy NY or obtained from AposTherapy NY’s licensors, and other materials contained on the AposTherapy NY 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 AposTherapy NY website!
If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any information provided by AposTherapy NY, AposTherapy NY employees, others appearing on the website at the invitation of AposTherapy NY, or other visitors to the website is solely at your own risk.
We are committed to protecting the privacy of children. You should be aware that this website is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Use of the Content
The Content posted on this website is protected by the copyright laws in the United States and in foreign countries. AposTherapy NY authorizes you to view or download a single copy of the Content solely for your personal, non-commercial use if you include the copyright notice located at the end of the material, for example: “©2019, AposTherapy NY, LLC. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the AposTherapy NY website may be included elsewhere within the website and are incorporated into these Terms and Conditions by reference.
Title to the Content remains with AposTherapy NY or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and other features are subject to change or termination without notice in the editorial discretion of AposTherapy NY. All rights not expressly granted herein are reserved to AposTherapy NY.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Liability of AposTherapy NY
The use of the AposTherapy NY website and the Content is at your own risk.
When using the AposTherapy NY website, information will be transmitted over a medium that may be beyond the control and jurisdiction of AposTherapy NY and its suppliers. Accordingly, AposTherapy NY 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 AposTherapy NY website.
The AposTherapy NY website and the Content are provided on an “as is” basis. APOSTHERAPY NY 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, AposTherapy NY, its licensors, and its suppliers make no representations or warranties about: (I) the accuracy, reliability, completeness, currentness, or timeliness of the Content, software, links, or communications provided on or through the use of the AposTherapy NY website or AposTherapy NY; or (ii) the satisfaction of any government regulations concerning medical device reporting.
In no event shall AposTherapy NY, its suppliers, or any third parties mentioned on the AposTherapy NY website be liable for any damages (including, without limitation, incidental and consequential damages, punitive damages, damages relating to personal injury and/or wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the AposTherapy NY website or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not AposTherapy NY, its suppliers, or any third parties mentioned on the AposTherapy NY website are advised of the possibility of such damages. AposTherapy NY, its suppliers, and any third parties mentioned on the AposTherapy NY website shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. AposTherapy NY, its suppliers, and any third parties mentioned on the AposTherapy NY website are not liable for any personal injury, including death, caused by your use or misuse of the website, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the website, any Content, or the Social Media Platforms must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
User Content and Submissions
If you make any submission or post User Content to Social Media Platforms, you agree that you will not send or transmit to AposTherapy NY by email (including through the email addresses listed on the “Contact Us” page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to AposTherapy NY by email, you agree such submission is non-confidential for all purposes.
If you make any submission or post User Content to Social Media Platforms or if you submit any business information, idea, concept or invention to AposTherapy NY by email, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted AposTherapy NY a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully sublicensable right and license to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, and publicly display such submission or User Content in any media or medium, or any form, format, or forum now known or hereafter developed. AposTherapy NY may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Social Media Platforms or to AposTherapy NY by email. We try to answer every email in a timely manner but are not always able to do so.
User Submissions — Image, Video, Audio Files
You agree to only post or upload media (e.g., photos, videos, or audio) on the AposTherapy NY website or a Social Media Platform that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy, or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.
To protect your privacy, you agree that you will not submit any media that contains personally identifiable information (e.g., name, phone number, email address or web site URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.
By uploading any media on a Social Media Platform, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
You agree that you will not upload any material that contains a software virus or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this website.
By uploading any media on a Social Media Platform, such as a photo or video: (a) you grant to AposTherapy NY a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully sublicensable right and license to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes AposTherapy NY to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in such media; and (c) you agree to indemnify AposTherapy NY and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these Terms and Conditions.
AposTherapy NY reserves the right to review all media prior to submission to the website and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
User Content Guidelines
If you use, or post User Content on any Social Media Platform, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found on the Social Media Platforms. AposTherapy NY is not responsible for the consequences of any communications on Social Media Platforms. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the Social Media Platforms, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
- Using a Social Media Platform for any purpose in violation of local, state, national, or international laws;
- Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by AposTherapy NY in its sole discretion;
- Posting advertisements or solicitations of business;
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting, scraping, or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
- Allowing any other person or entity to use your identification for posting or viewing comments;
- Posting the same note more than once or “spamming”; or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying a Social Media Platform or the website, or which, in the judgment of AposTherapy NY, exposes AposTherapy NY or any of its customers or suppliers to any liability or detriment of any type.
AposTherapy NY Reserves the Right (but is Not Obligated) to Do Any or All of the Following:
Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
Terminate a user’s access to the AposTherapy NY website upon any breach of these Terms and Conditions.
Monitor, edit, or disclose any communication on a Social Media Platform.
Edit or delete any communication(s) posted on the AposTherapy NY website, regardless of whether such communication(s) violate these standards.
AposTherapy NY or its licensors have no liability or responsibility to users of the AposTherapy NY website or any other person or entity for performance or non-performance of the aforementioned activities.
Informed Consent of Teletherapy Services
AposTherapy’s teletherapy virtual office visits during these pandemic times allows AposTherapy an alternative way to offer therapy services to its patients. During these pandemic times, AposTherapy continues to offer patient face to face in-office meetings; the teletherapy services is a current alternative to patient face to face in-office meetings, and it is solely a patient’s choice to participate in AposTherapy’s teletherapy services.
Delivering teletherapy services involves the use of electronic communications to enable AposTherapy patients and staff at different locations to share individual patient medical information and data for the purposes of improving patient care. The information may be used for diagnosis, therapy, analysis, judgment, follow-up and/or education, and may include the following.
*Patient medical records
*Patient consultation/assessment/evaluation results
*Patient treatment results
*Live two-way audio and video
*Output data from medical devices and sound and video files
Electronic systems used will incorporate network and software security protocols to protect the confidentiality of patient identification and consultation/assessment/evaluation/treatment data and will include measures to safeguard the data and to ensure its integrity against intentional and unintentional corruption.
Improved access to therapy services by enabling a patient to remain in his/her location (i.e. home) while the AposTherapy staff consults and obtains an assessment and evaluation of a patient at distant/other sites.
Improved access to patient evaluation and management.
As with any remote consultation, there are potential risks associated with the use of teletherapy services. These risks include, but may not be limited to:
In rare cases, the consultant may determine that the transmitted information is of inadequate quality, thus necessitating a face-to-face meeting with the patient, or at least a rescheduled video consult;
Delays in patient treatment, assessment and evaluation could occur due to deficiencies or failure of the telecommunication equipment;
In very rare instances, security protocols could fail, causing a breach of privacy or personal medical information;
In rare cases, a lack of access to complete medical records may result in adverse assessment, evaluation, or other judgment errors; By checking the box associated with “Informed Consent”, you acknowledge that you understand and agree with the following:
*I understand that the laws that protect privacy and the confidentiality of medical information also apply to teletherapy services and that no information obtained in the use of teletherapy, which identifies me, will be disclosed to researchers or other entities without my consent;
*I understand that I affirmatively consent to the use of teletherapy services in the course of my care at any time, and I have the right to withhold or withdraw my consent to the use of teletherapy services, without affecting my right to future treatment, assessment or evaluation by AposTherapy staff;
*I understand that my active participation in teletherapy is essential and I am responsible for securing and maintaining a safe location, free of obstacles, distractions, or any other impediments, to safely and effectively participate in therapy;
*I understand the alternatives to teletherapy consultation as they have been explained to me, and in choosing to participate in a teletherapy consultation, I understand that some parts of the treatment, assessment or evaluation may be conducted by individuals at my location, or at an AposTherapy facility;
*I understand that I may still avail myself of in-office therapy as an alternative to teletherapy. This therapy may not be as readily available at present, due to safety and health concerns, and there may be a delay in scheduling in-person therapy appointments;
*I understand that teletherapy may involve electronic communication of personal medical information to other medical practitioners who may be located in other areas, including out of state;
*I understand that I may expect the anticipated benefits from the use of teletherapy in my care, but that no results can be guaranteed or assured;
*I understand that my healthcare information may be shared with other individuals for scheduling and billing purposes. Others may also be present during the consultation other than AposTherapy staff in order to operate the video equipment. The above- mentioned people will all maintain confidentiality of the information obtained. I further understand that I will be informed of their presence in the consultation and thus will have the right to request the following: (1) omit specific details of my medical history/assessment/evaluation/consultation that are personally sensitive to me; (2) ask non-AposTherapy personnel to leave the teletherapy consultation room; and/or (3) terminate the consultation at any time.
Patient Consent to the Use of Teletherapy Services
I have read and understand the information provided above regarding AposTherapy’s teletherapy services, and all of my questions have been answered to my satisfaction;
I have read this teletherapy services information carefully, and understand the risks and benefits of the teleconferencing consultation and have had my questions regarding the procedure explained; and
I hereby give my informed consent to participate in teletherapy visits/consultations/assessments/evaluations/treatment/services under the terms described herein.
By checking the box containing “INFORMED CONSENT FOR TELETHERAPY SERVICES” (on any and all related forms), I hereby state that I am choosing to participate in AposTherapy’s teletherapy services, and I have read, understand, and agree to the terms herein.
Links to Other Websites
AposTherapy NY may provide links to third-party web sites. AposTherapy NY does not recommend and does not endorse the content on any third-party websites. AposTherapy NY is not responsible for the content of linked third-party sites, sites framed within the AposTherapy NY website, or third-party advertisements, and does not make any representations regarding their 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 sites.
You agree to defend, indemnify, and hold AposTherapy NY, 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: (a) your use of the website, (b) any User Content you post or upload, (c) your use of or reliance on any User Content, or (d) your violation of these Terms and Conditions.
AposTherapy NY is based in New York, New York, in the United States of America, with principal offices in New York, New York. AposTherapy NY makes no claims that AposTherapy NY or the website are 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 AposTherapy NY Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with AposTherapy NY, or in any way relating to your use of the AposTherapy NY website, resides in the courts of the State of New York, County of Westchester, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York, County of Westchester, in connection with any such dispute including any claim involving AposTherapy NY or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
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 court 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.
Questions or comments regarding this website, including any reports of non-functioning links, should be submitted by email to [email protected] or by mail at AposTherapy, C/O Studio, 300 Park Ave, 2nd floor, New York, NY 10022.