Last modified: May 12, 2020
TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY
ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND
BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE
RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ
THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT
EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT
ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS
EFFECTIVE AS OF 11/01/2017.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern
the relationship with our users and others which may interact or interface with Manhattan Gastroenterology, also known as Manhattan Gastroenterology, all our locations, subsidiaries and affiliates, in association with the use of the Manhattan Gastroenterology website, which includes www.manhattangastroenterology.com, (the “Site”) and the doctors and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is a news and information website medical which has the following description:
Our site is the source of information about the gastroenterology related conditions and procedures. This
information is intended for patients looking to learn about our practice and make an appointment to see one of our physicians. This information is only intended to provide guidance, not definitive medical advice. Please consult a doctor about your specific condition. Only a trained physician can determine an accurate diagnosis and proper treatment. Terms and conditions are subject to change.
Any and all visitors to our site shall be deemed as “users” of the herein contained Services provided for the
purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through our website and
applications, which may include some mobile applications and that those applications may be made
available on various social media networking sites and numerous other platforms and downloadable
programs, are the sole property of Manhattan Gastroenterology. At its discretion, Manhattan
Gastroenterology may offer additional website Services and/or products, or update, modify or revise any
current content and Services, and this Agreement shall apply to any and all additional Services and/or
products and any and all updated, modified or revised Services unless otherwise stipulated. Manhattan
Gastroenterology does hereby reserve the right to cancel and cease offering any of the aforementioned
Services and/or products. You, as the end user acknowledge, accept and agree that Manhattan
Gastroenterology shall not be held liable for any such updates, modificatons, revisions, suspensions or
discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Manhattan Gastroenterology shall not assume any responsibility or obligaton for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
PRIVACY POLICY
Every member’s registration data and various other personal information are strictly protected by the
Manhattan Gastroenterology Online Privacy Policy (see the full Privacy Policy at
https://www.manhattangastroenterology.com/privacy-policy/). As a member, you herein consent to the
collection and use of the information provided, including the transfer of information within the United
States and/or other countries for storage, processing or use by Manhattan Gastroenterology and/or our
subsidiaries and affiliates.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the
sanctions control program of the United States (http://www.treasury.gov/resourcecenter/
sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
- are not on the list of prohibited individuals which may be identified on any government export
exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of
any other government which may be part of an export-prohibited country identified in applicable
export and import laws and regulations; - agree not to transfer any software, technology or any other technical data through the use of our
network Services to any export-prohibited country; - agree not to use our website network Services for any military, nuclear, missile, chemical or
biological weaponry end uses that would be a violation of the U.S. export laws; and - agree not to post, transfer nor upload any software, technology or any other technical data which
would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Manhattan Gastroenterology shall not lay claim to ownership of any content submitted by any visitor or
user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant
and allow for Manhattan Gastroenterology the below listed worldwide, royalty-free and non-exclusive
licenses, as applicable:
- The content submitted or made available for inclusion on the publicly accessible areas of Manhattan
Gastroenterology’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt,
publicly perform and/or publicly display said Content on our network Services is for the sole
purpose of providing and promoting the specific area to which this content was placed and/or made
available for viewing. This license shall be available so long as you are a member of Manhattan
Gastroenterology’s sites, and shall terminate at such time when you elect to discontinue your
membership. - Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly
accessible areas of Manhattan Gastroenterology’s sites, the license provided to permit to use,
distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our
network Services are for the sole purpose of providing and promoting the specific area in which this
content was placed and/or made available for viewing. This license shall be available so long as you
are a member of Manhattan Gastroenterology’s sites and shall terminate at such time when you elect
to discontinue your membership. - For any other content submitted or made available for inclusion on the publicly accessible areas of
Manhattan Gastroenterology’s sites, the continuous, binding and completely sub-licensable license
which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly
perform and/or publicly display said content, whether in whole or in part, and the incorporation of
any such Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed “publicly accessible” areas of Manhattan Gastroenterology’s sites are
those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to users.
CONTRIBUTIONS TO COMPANY WEBSITE
Manhattan Gastroenterology provides an area for our users to contribute feedback to our website. When
you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:
- your contributions do not contain any type of confidential or proprietary information;
- Manhattan Gastroenterology shall not be liable or under any obligation to ensure or maintain
confidentiality, expressed or implied, related to any Contributions; - Manhattan Gastroenterology shall be entitled to make use of and/or disclose any such Contributions
in any such manner as they may see fit; - the contributor’s Contributions shall automatically become the sole property of Manhattan
Gastroenterology; and - Manhattan Gastroenterology is under no obligation to either compensate or provide any form of
reimbursement in any manner or nature.
INDEMNITY
All users herein agree to insure and hold Manhattan Gastroenterology, our subsidiaries, affiliates, agents,
employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may
include, but is not limited to, reasonable attorney fees made by any third party which may arise from any
content a user of our site may submit, post, modify, transmit or otherwise make available through our
Services, the use of Manhattan Gastroenterology Services or your connection with these Services, your
violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial
reason any part, use of, or access to Manhattan Gastroenterology’s sites.
MODIFICATIONS
Manhattan Gastroenterology shall reserve the right at any time it may deem fit, to modify, alter and or
discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior
notice. In addition, we shall not be held liable to you or to any third party for any such alteration,
modification, suspension and/or discontinuance of our Services, or any part thereof.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Manhattan Gastroenterology shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
LINKS
Either Manhattan Gastroenterology or any third parties may provide links to other websites and/or
resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such
external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content,
products, advertising or any other materials, on or available from such third party sites or resources.
Furthermore, you acknowledge and agree that Manhattan Gastroenterology shall not be responsible or
liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be
caused by or in connection with the use of or the reliance on any such content, goods or Services made
available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Manhattan Gastroenterology’s Services and any essential
software that may be used in connection with our Services (“Software”) shall contain proprietary and
confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Manhattan Gastroenterology or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Manhattan Gastroenterology Services (e.g. Content or Software), in whole or part.
Manhattan Gastroenterology herein has granted you personal, non-transferable and non-exclusive rights
and/or license to make use of the object code or our Software on a single computer, as long as you do not,
and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse
engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign,
sublicense, grant a security interest in and/or otherwise transfer any such right in the Software.
Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Manhattan
Gastroenterology for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- THE USE OF MANHATTAN GASTROENTEROLOGY SERVICES AND SOFTWARE ARE AT
THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON
AN “AS IS” AND/OR “AS AVAILABLE” BASIS. MANHATTAN GASTROENTEROLOGY
AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND
WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. - MANHATTAN GASTROENTEROLOGY AND OUR SUBSIDIARIES, OFFICERS,EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) MANHATTAN GASTROENTEROLOGY SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) MANHATTAN GASTROENTEROLOGY SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE MANHATTAN GASTROENTEROLOGY SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
- ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF MANHATTAN GASTROENTEROLOGY SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
- NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM MANHATTAN GASTROENTEROLOGY OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT MANHATTAN
GASTROENTEROLOGY AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF
ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN
THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY
OCCUR, AND RESULT FROM:
- THE USE OR INABILITY TO USE OUR SERVICE;
- THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
- UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
- STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
- AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release Manhattan Gastroenterology (and its officers,
directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third
parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or
other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase “Let the investor beware” is appropriate. Manhattan
Gastroenterology’s content is provided primarily for informational purposes, and no content that shall be
provided or included in our Services is intended for trading or investing purposes. Manhattan
Gastroenterology and our licensors shall not be responsible or liable for the accuracy, usefulness or
availability of any information transmitted and/or made available by way of our Services, and shall not be
responsible or liable for any trading and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO
YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
NOTICE
Manhattan Gastroenterology may furnish you with notices, including those with regards to any changes to
the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our
website Services, or other reasonable means currently known or any which may be herein after developed.
Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an
unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the Manhattan Gastroenterology trademarks,
copyright, trade name, service marks, and other Manhattan Gastroenterology logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Manhattan Gastroenterology. You herein agree not to display and/or use in any manner the Manhattan
Gastroenterology logo or marks without obtaining Manhattan Gastroenterology’s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES
Manhattan Gastroenterology will always respect the intellectual property of others, and we ask that all of
our users do the same. With regards to appropriate circumstances and at its sole discretion, Manhattan
Gastroenterology may disable and/or terminate the accounts of any user who violates our TOS and/or
infringes the rights of others. If you feel that your work has been duplicated in such a way that would
constitute copyright infringement, or if you believe your intellectual property rights have been otherwise
violated, you should provide to us the following information:
- The electronic or the physical signature of the individual that is authorized on behalf of the owner of
the copyright or other intellectual property interest; - A description of the copyrighted work or other intellectual property that you believe has been
infringed upon; - A description of the location of the site which you allege has been infringing upon your work;
- Your physical address, telephone number, and email address;
- A statement, in which you state that the alleged and disputed use of your work is not authorized by
the copyright owner, its agents or the law; - And finally, a statement, made under penalty of perjury, that the aforementioned information in your
notice is truthful and accurate, and that you are the copyright or intellectual property owner,
representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Manhattan Gastroenterology Agent for notice of claims of copyright or other intellectual property
infringement can be contacted as follows:
Mailing Address:
Manhattan Gastroenterology
Attn: Copyright Agent
983 Park Ave Ste 1D
New York, New York 10028
Telephone: (212) 427-8761
Email: info@manhattangastroenterology.com
CLOSED CAPTIONING
BE IT KNOWN, that Manhattan Gastroenterology complies with all applicable Federal Communications
Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at https://www.manhattangastroenterology.com/.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Manhattan Gastroenterology and shall govern
the use of our Services, superseding any prior version of this TOS between you and us with respect to
Manhattan Gastroenterology Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Manhattan Gastroenterology Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Manhattan Gastroenterology with regard to the TOS that the
relationship between the parties shall be governed by the laws of the state of New York without regard to
its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or
relating to the TOS, or the relationship between you and Manhattan Gastroenterology, shall be filed within
the courts having jurisdiction within the County of New York, New York or the U.S. District Court located
in said state. You and Manhattan Gastroenterology agree to submit to the jurisdiction of the courts as
previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the
parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Manhattan Gastroenterology fail to exercise or enforce any right or provision of the
TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is
found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or
action arising out of or related to the use of our Services or the TOS must be filed within 3 year(s) after said
claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to Manhattan Gastroenterology as follows:
Website: https://www.manhattangastroenterology.com/
Mailing Address: 121 West 27th Street, Suite 504, NY, NY 10001
