We want to make sure that you understand our Terms & Conditions and are an active participant in your health—online and off. Please read these Terms carefully before you access the Services. They are a legal agreement between the Friedman Center for Breast and Lymphatic Surgery (“the Friedman Center”) and You.
At the Friedman Center, we aim to make our patients’ healthcare experience with us extraordinary, and we created this Platform as part of that goal. As we strive to make this happen, you are in control over what you access, its interpretation and usage. Use of this site by you is entirely at your own risk. Please read these Terms carefully before you use or access the Services (defined below), as they are a legal agreement between the Friedman Center and you. THESE TERMS CONTAIN IMPORTANT PROVISIONS THAT LIMIT OUR LIABILITY AND THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES. By clicking “I accept” or by accessing or using the Services, you accept and agree to be bound by these Terms without limitation or qualification. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES.
There are words or phrases we will use throughout these Terms & Conditions to reference the Friedman Center. Familiarizing yourself with these words or phrases will help you better understand the information presented to you.
The Friedman Center thanks you for using our Services. These Terms & Conditions (“Terms”) govern your access to and use of our website (“Site”), mobile applications (“Apps”), and other online services that make up the Friedman Center Digital Experience (collectively, the “Services”). In addition, the Services include all software and Content provided through or as part of the Services. As used in these Terms, “Content” means all text, information, materials, images, photos, graphics, artworks, logos, videos, audios, directories, listings, databases, search engines and other content.
This service is intended for use by U.S. Citizens 18 years of age or older.
The Services are not intended for or directed to children under 18 years old. If you are under 18 years old or otherwise have not attained the age of majority in your state of residence, you must have your parent or other legal representative’s permission to use the Services.
NOT FOR RECEIVING MEDICAL ATTENTION
We have created our Services to simplify managing your care. This Site is not intended to provide care in the event that you need medical attention. If you are seeking medical attention, contact your doctor’s office or call +1-516-224-2350.
NOT FOR USE IN EMERGENCIES
This Site is not intended for use in medical emergencies. If you are having a medical emergency, please call 9-1-1.
The Services may offer you the opportunity to provide us with your comments, suggestions, ideas or other feedback (together, “Feedback”). We have the unrestricted right to use Feedback that you provide to us and you are not entitled to receive any compensation.
The Services may permit you to send, post or otherwise submit Content on or through the Services, such Content sent, posted or submitted by you (collectively, “Submissions”). As between us and you, you own your Submissions, but, by sending, posting or transmitting Submissions to or through the Services, you grant the Friedman Center and our designees a worldwide, nonexclusive, sublicensable (through multiple tiers), transferable, royalty-free, perpetual and irrevocable right to use, reproduce, create derivative works of, display, perform, distribute and otherwise exploit your Submissions for any and all lawful purposes. Under no circumstances are you entitled to payment if the Friedman Center uses one of your Submissions.
You are responsible for the content of your Submissions. By posting a Submission, you represent and warrant that:
You acknowledge and agree that the Friedman Center has the right (but not the obligation) to alter, remove, or refuse to post or allow to be posted, any Submission. Friedman Center takes no responsibility and assumes no liability for any Submission posted by you or any third-party or for altering, removing or refusing to post your Submission.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Friedman Center as a result of the Terms & Conditions.
All content on this website, unless explicitly noted otherwise, is copyrighted property of the Friedman Center and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored, or otherwise used without prior written consent of the Friedman Center.
You must not:
The Friedman Center created this Platform to simplify managing your care. It is important for you to recognize that you are using this site at your own risk and that we have no control over how you interpret the content that you access. As with anything related to your health and wellness, if you have questions or concerns, contact your healthcare provider. We do not guarantee the Site is error-free or will be uninterrupted, and we reserve the right to monitor, suspend, or terminate your use of the site or features at our discretion in compliance with any applicable law. The Services provided are property of the Friedman Center and/or our third parties and are protected by U.S. copyright.
With respect to any images or representations posted of patients on the website, in its app, and on social media platforms: The Friedman Center agrees to only post content that patients have expressly agreed to release via a signed media release form. If at any time a patient wishes to have their image, representation, or likeness taken down from the Friedman Center’s website, app, or social media platforms, they must notify the Friedman Center in writing of their wish (by mail or by contacting [email protected]). The Friedman Center agrees to remove, in a reasonable but timely fashion, any content related to that patient upon request.
You agree to release the Friedman Center and its affiliates from all liability in regard to your use of these Services. The Friedman Center and its affiliates are not responsible for the consequences or reliance on any information contained herein. We do not guarantee that this site is error-free and uninterrupted (see Disclaimer of Warranties Section below for further detail). To the maximum extent allowed by law, in no event will Friedman Center or its affiliates be liable for any indirect, consequential, special, incidental or punitive damages, including loss of revenues or loss of profits, or any other damages, fees, fines, penalties, or liabilities arising out of your access, use or inability to use this website or the content or materials herein.
We also may present to you or post additional terms that apply to particular Services (“Services-Specific Terms”) that apply to particular features of the Services. To the extent that these Terms conflict with the Services-Specific Terms, the Services-Specific Terms will control.
NOTICE OF NON-DISCRIMINATION AND ACCESSIBILITY
The Friedman Center complies with applicable Federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability, or sex. The Friedman Center does not exclude people or treat them differently because of race, color, national origin, age, disability, or sex.
RESERVATION OF RIGHTS
We reserve the right at any time and for any reason, with or without notice, and without liability to you or any other user, to: (1) modify, suspend or terminate the operation or any feature of the Services; (2) restrict, limit, suspend or terminate your and/or any other user’s access to the Services; (3) monitor any user’s use of the Services to verify compliance with these Terms and/or any applicable law; (4) investigate any suspected or alleged misuse of the Services and cooperate with law enforcement and/or third-parties in such investigation; and (5) disclose information about any user’s use of the Services in connection with any law enforcement investigation, or in response to a lawful court order or subpoena.
The Services are the proprietary property of the Friedman Center and/or its third-party licensors, and are protected by U.S. and foreign copyright, trademark and other intellectual property laws. The names, marks, logos and other identifiers associated with the Friedman Center and its products and services are trademarks and service marks of the Friedman Center and are solely owned by the Friedman Center.
Subject to your compliance with these Terms, we grant you a revocable, conditional and limited license to access and use the Services solely for your own personal and non-commercial use in accordance with applicable laws. If the Services permit you to download or print any Content, such Content may be used only by you and only in connection with this purpose. You may not copy or distribute any such Content. This license is personal to you and is not transferable or assignable to others, and may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). We reserve all rights not expressly granted herein.
Any unauthorized use, reproduction or distribution of the Services is strictly prohibited and may result in civil and/or criminal penalties.
A provision of the Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of the Friedman Center to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision.
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FRIEDMAN CENTER HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR TITLE, AND ALL WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FRIEDMAN CENTER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT OR ERROR WILL BE CORRECTED, OR THAT THE SERVICES WILL BE SECURE AND FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT PROVIDED THROUGH THE SERVICES WILL BE CURRENT OR ACCURATE, OR THAT A PARTICULAR PRODUCT OR SERVICE YOU SEE ON THE SERVICES WILL BE, OR WILL REMAIN, AVAILABLE TO YOU. YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.
WE DO NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY SUBMISSIONS OR THIRD-PARTY CONTENT ON OR LINKED BY OUR SERVICES.
LIMITATIONS OF LIABILITY
THE FRIEDMAN CENTER’S LIABILITY TO YOU IS LIMITED AS SET FORTH BELOW, EXCEPT AND ONLY TO THE EXTENT THAT ANY SUCH LIMITATIONS ARE PROHIBITED BY APPLICABLE LAW.
IN NO EVENT SHALL THE FRIEDMAN CENTER, OR ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ADVISORS AND CONSULTANTS BE LIABLE TO YOU (WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR ANY OTHER LEGAL OR EQUITABLE THEORY) FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, DATA OR INFORMATION OF ANY KIND) ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IF APPLICABLE LAW PROHIBITS DISCLAIMER OF DIRECT DAMAGES, FRIEDMAN CENTER’S AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU TO ACCESS OR USE THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE EVENTS GIVING RISE TO ANY CLAIM, OR, IF NO SUCH PAYMENTS HAVE BEEN MADE BY YOU, FIFTY AND 00/100 ($50.00) U.S. DOLLARS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OR DISPUTE WITH FRIEDMAN CENTER CONCERNING THE SERVICES IS TO STOP USING THE SERVICES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You acknowledge and agree that: (i) the Friedman Center may at any time terminate your access to the Services, in whole or in part, if the Friedman Center determines, in its sole judgment, that you have violated these Terms or any applicable law; (ii) such termination may be effected without prior notice; and (iii) in the event of such termination, the Friedman Center may immediately, and without your permission, deactivate or block your further access to your account and remove all of your Submissions stored in, or associated, with your account, without any liability to you. For inquiries related to account termination, please email [email protected].
This site may contain links to third party websites and services. These links do not indicate our approval or endorsement of these sites. Your use of them is at your own risk and discretion.
LINKS TO THIRD PARTIES
APPLE DEVICE ADDITIONAL TERMS
If you access an App via a mobile device or tablet branded by Apple, Inc. (“Apple”) and running Apple’s iOS (an “Apple Device”), the following terms (“Apple Device Additional Terms”) are hereby made part of these Terms:
QUESTIONS OR COMPLAINTS
Please address your questions, complaints or claims with respect to an iOS App to the Friedman Center at +1-516-224-2350 or [email protected]. The Friedman Center’s principal offices are located at 600 Northern Boulevard, Suite 310, Great Neck, NY 11021.
We and you are the only parties entitled to enforce these Terms. These Terms do not and are not intended to confer any rights or remedies upon any person other than you and the Friedman Center. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions relating to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms. You also agree that if we assign, transfer, or subcontract any of our rights or obligations under these Terms to any third party in writing, such third party may enforce the Terms that are assigned, transferred, or subcontracted.
These Terms constitute the entire and exclusive understanding and agreement between the Friedman Center and you regarding the Site, Content, products, and services that may be provided on the Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between you and the Friedman Center regarding the Content, products, or services provided on the Site. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by the Friedman Center under these Terms, including those regarding modifications to these Terms, will be given by posting to the Site.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Friedman Center. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and the Friedman Center and you do not have any authority to create any obligation on our behalf.
There are limitations to how you can resolve disputes with us and it is important that you understand them. You only have one year to file any claim against us related to the Services provided and you agree that you will only bring a claim against us on an individual basis, not as a plaintiff or class member as part of a class or representative action or proceeding.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF FROM US.
LIMITATION ON TIME TO BRING AN ACTION
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services brought by you must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will be forever barred.
You and the Friedman Center agree that these Terms and any claim or dispute between you and the Friedman Center relating to your use of the Services will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws’ provisions.
If any provision of the Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
If you are a copyright owner or an agent thereof, and believe that any third-party content on the Services infringes upon your copyrights, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information (see 17 U.S.C § 512(c)(3) for further detail):
The Friedman Center’s designated Copyright Agent to receive notifications of claimed infringement is: [email protected]
We may make changes to these Terms at any time, and your continued use of the Services indicates your consent to the changes. We may also develop upgrades, bug fixes, or new features that may change or remove certain features and functionality.
We reserve the right to make changes to these Terms at any time. Please check back from time to time to ensure that you are aware of any changes to these Terms. We will indicate the Terms’ effective date at the top of this page. Your continued use of the Services after changes have been posted indicates your consent to any changed Terms.
If we make material changes that would impact your use of the Services, we will endeavor to notify you of the changes, such as by posting a notice directly on the Services, by sending an email notification (if you have provided your email address to us), or by any other reasonable method. If you do not agree to the changed Terms, you should immediately terminate your use of the Services.
The Friedman Center may from time to time, in its sole discretion (without obligation), develop and provide updates to our Services (including Apps), which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete certain features and functionality entirely. You agree that Friedman Center has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
Portions of the Services may not properly operate if you do not install all Updates. Friedman Center encourages you to promptly install all Updates. To that end, based on your mobile device settings, when your mobile device is connected to the Internet, either (i) the Updates will automatically download and install, or (b) you may receive notice of or be prompted to download and install available Updates. For clarity, all Updates are part of the Services and subject to these Terms.
If you have a question or comment regarding the Services, please contact us via email or at the address below. Your input is valuable to us. Disclosures. The Services are offered by the Friedman Center, located at
600 Northern Boulevard, Suite 310, Great Neck, NY 11021
Email: [email protected]
POLICY UPDATED: 15 October 2020