TERMS OF USE
IF THIS IS A MEDICAL EMERGENCY OR CRISIS SITUATION, DIAL 911 IMMEDIATELY THE INFORMATION PROVIDED ON OUR WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND SHALL NOT BE USED AS MEDICAL OPINION OR MEDICAL ADVICE BY USING THIS WEBSITE AND THE SERVICES NO PATIENT RELATIONSHIP IS CREATED BETWEEN YOU AND HONEST MEDICAL P.C. Please read the following Terms and Conditions (these “Terms”) carefully before using the HONEST MEDICAL P.C. (“HM,” “we,” “our,” or “us”) website located at https://www.honestmedicalpc.com, or participating in the use of this application or any
online features, application, products, services and/or programs offered by us (collectively, the “Services”). These Terms apply to use of the Services.
These Terms include important information about your legal rights, remedies, and obligations, including various limitations and exclusions, and provisions that govern the procedure, jurisdiction and venue of any disputes. By accessing or using the Services, you are entering into a legal contract with us regarding your use of the Services. You agree to be bound by these Terms and all additional terms incorporated by reference, including the arbitration provision set forth in these Terms. If you do not agree to these Terms, you should delete the Services from your device and not access or otherwise use the Services. Your continued use of the Services signifies your acceptance of the Terms.
How The Services Works. By using the Services, you may view general non-medical information provided on our website and application. No medical services are provided to you by use of the Services. All medical services require a live-in person consultation with a licensed medical professional.
License to use the Services.
Use of the Services. Subject to these Terms, we hereby grant you a non-transferable, non-exclusive, limited license to use and access the Services for your personal use. By merely providing you access to, and use of, the Services, we do not warrant or represent that: any statement, documents, images, graphics, logos, designs, information, review, audio, video, or any other information provided from or on the Services (collectively, the “Content”) is accurate or complete; the Content is up-to-date or current; we have any obligation to update any Content; the Content is free from technical inaccuracies or programming or typographical errors; the Content is free from changes made by third parties; your access to the Services will be free from interruptions, errors, computer viruses or other harmful components; and/or any information obtained in response to comments or questions asked through the Services is or will be accurate or complete.
Restrictions on Use. You may not:remove or obscure any copyright, trademark, digital watermarks, proprietary legends or other proprietary notices from any portion of the Service or any Content contained therein; reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, or any aspect of them, except as expressly permitted by us; decompile, reverse engineer, jeopardize the correct functioning of the Services, or disassemble the Services, or otherwise attempt to derive the source code of the software (including the tools, processes, methods, and infrastructure) that enables or underlies the Services, except as may be permitted by applicable law; cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the Services, or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; attempt to gain unauthorized access to or impair any aspect of the Services, or the related systems, servers, or networks; use the Services to stalk, harass or harm another individual, or in any way that is in violation of any law or regulation; impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; use any portion of the Services or any Content in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity;Use the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, color, ethnicity, national origin, age, gender, gender identity, gender expression, sexual orientation, disability, physical appearance, body size, or religion; orUse the Services for any unlawful activities or in violation of any laws, regulations, or contractual provisions, or to induce others to do or engage in the same; Use the Services for medical treatment or diagnosis;Use or uploading content that is defamatory, libelous, hateful, violent, obscene, pornographic, invasive of another’s privacy, infringing of another’s intellectual property rights, unlawful, or otherwise offensive, as determined by HM in its sole discretion.
Ownership of the Services and Content. The ownership of the Services, Content, and all rights therein are and will remain with HM. You may view, copy or print a single copy of any page from the Services for personal, non-commercial purposes if you do not remove, modify, or alter any copyright or proprietary rights notices that may be present. You may not otherwise use, modify, copy, print, display, distribute, publish, or sell any information, images, Content, that you obtain from the Services without our express, prior, written consent.
Any special rules for any software, downloads, or other items accessible through the Services may be included elsewhere in the Services and are incorporated into these Terms by reference.
User Content Policy. The Services may now or in the future permit you to upload or post to the Services or otherwise submit to HM various forms of content, such as statements, reviews, ratings, opinions, information, text, graphics, questions, suggestions, messages, comments, feedback, ideas, notes, drawings, articles, stories about you, or any other content of any kind whatsoever that you publish to the Services (collectively, “User Content”). You warrant to HM that you own all rights in your User Content or all third-party holders of rights in your User Content have validly and irrevocably granted to you the right to grant the rights and licenses set forth above. By submitting any User Content in any form to HM, in addition to other provisions of these Terms, you automatically grant HM, its parent companies, subsidiaries, affiliates, successors and assigns, a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, sublicensable and assignable right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, and/or display such User Content, without further notice to you, or consent from you, and without any requirement to pay anything to you or anyone else. For the avoidance of doubt, we will NOT use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform your Authored Work. Such Authored Work will only be displayed to and used by the writing partner(s) you choose to analyze and comment on your work, and we will only access such Authored Work in order to enforce these Terms and to fulfill our obligations hereunder. We reserve the right, in our sole discretion, to review and approve User Content before or after it is made available to other users of the Services. Please remember that, even if we review your User Content, you will be solely responsible for your User Content and the consequences of posting or publishing it. We do not endorse any User Content or any opinion, recommendation, or advice expressed on or through the Services, and we expressly disclaim any and all liability in connection with User Content. You acknowledge that HM, our site moderators (if any) and our agents reserve the right, in our sole discretion, to refuse, move, and/or remove User Content available on or through the Services that, in our judgment, does not comply with these Terms and any other rules of user conduct applicable to our Services, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such User Content. You represent and warrant that neither your User Content nor your uploading, publishing or otherwise making available your User Content nor HM’s use of your User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Updates. We may make changes to the Services, the Content, the User Content and/or these Terms or stop providing any of the Services and/or the Content at any time and without further notice to you. We will make an effort to update the Services with any changes to these Terms, and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Privacy and Electronic Communication. We know that privacy is very important to you, and it is very important to us as well. Personal data that you provide regarding yourself will be handled in accordance with our Privacy Policy located at
https://honestmedicalpc.com/privacy-policy. By using the Services, you consent to receive electronic communications from us unless you follow applicable opt-out procedures. We will communicate with you by email or by posting notices on our Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
User Account, Password and Security. To the extent that a user account is created by you to access and use the Services (“User Account”), the following will apply:
User Account. To access certain features, Content and/or User Content available through the Services, we may require that you sign up for an account that you can link to the Services or by using your first name, last name, email address and a password to create a User Account and profile about you (a “Profile”). If you do not create a User Account and Profile, you may not have access to certain functionality of the Services. We use reasonable precautions to protect the privacy of your username, password, and User Account information. You, however, are ultimately responsible for protecting your username, password, and User Account information from disclosure to third parties. You agree to: (i) immediately notify us of any unauthorized use of your username, password, or User Account, or any other breach of security; (ii) ensure that you exit from your User Account at the end of each session; and (iii) use a security passcode to secure your device where your User Account information is stored. While we may provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet or other wireless connections, is secure, or that such transmissions are free from delay, interruption, interception or error.
Accurate Information. In creating and using your User Account and Profile, you agree to: (i) provide true, accurate, current, and complete information about yourself on any registration form required for the Services, including, but not limited to, your full name and email address (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
Non-Transferability of User Account. Each user is only permitted to have one User Account. User Accounts and usernames are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Services with his or her username and password. You agree that you are solely responsible for activity that occurs under your User Account. We are entitled to act on all instructions received by anyone using your User Account, and we reserve the right to pursue any and all claims against any user of your User Account.
Account Deactivation. We reserve the right to deactivate or cancel a User Account in our sole discretion, including for the following reasons: (i) you request such deactivation; (ii) you are deceased; (iii) you do not respond to repeated communication attempts regarding the status of your User Account; (iv) you fail to make payments related to your User Account (if applicable); (v) you reside in or relocate to a country where use of a User Account is prohibited under applicable law; (vi) you act in a fraudulent or an inappropriate manner while using the User Account; and/or (vii) for any reason, or no reason, as determined by HM. You will be responsible for all charges incurred up until the time the account is deactivated, if applicable.
Objectionable Material. You acknowledge that, in using the Services and accessing the Content and/or the User Content, you may encounter material that you deem to be disturbing, offensive or objectionable. You agree to use the Services at your sole risk and that we will have no liability to you for material that may be disturbing, objectionable or offensive to you.
Not Intended for Children and Other Age Requirements. The Services are not intended or designed to attract children under the age of eighteen (18). By using the Services and agreeing to these Terms, you affirm that you are more than eighteen (18) years of age, or are an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
DISCLAIMERS & INDEMNIFICATION.
No Warranties for Services. When using the Services, information will be transmitted in such a way that may be beyond our control. Accordingly, we make no warranty concerning the delay, failure, interruption, or corruption of any data, the Content, the User Content or any other information transmitted in connection with the use of the Services.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES, THE CONTENT, AND THE USER CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS THESE WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES, THE CONTENT, THE USER CONTENT, OR ANY SERVICES OR FEATURES OFFERED IN CONNECTION WITH THE SERVICES ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB PAGES ACCESSIBLE ON OR THROUGH THE SERVICES, OR THE SERVERS USED IN CONNECTION WITH THE SERVICES, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN RUNNING THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER PERSONS AND PARTIES WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES (E.G., THIRD PARTY PROVIDERS, RESTAURANTS, PEOPLE). YOU UNDERSTAND THAT HM DOES NOT TAKE RESPONSIBILITY FOR SCREENING OR INQUIRY INTO THE BACKGROUND OF ANY USERS OF THE WEB PROPERTIES, NOR DOES HM VERIFY OR TAKE RESPONSIBILITY FOR THE STATEMENTS, ADVICE OR RECOMMENDATIONS OF ANY SUCH USERS OF THE WEB PROPERTIES. YOU ACKNOWLEDGE THAT HM IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON THE INFORMATION INCLUDED IN THE SERVICES AND HM IS NOT LIABLE TO ANY USER OR PERSON FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, A THIRD-PARTY PROVIDER), WHETHER OR NOT RELYING UPON INFORMATION COLLECTED, GENERATED, OR STORED VIA THE SERVICES.
Indemnification
. You agree to defend, indemnify, and hold harmless HM and our directors, officers, employees, agents, successors and assigns from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties against HM as a result of your use of the Services; and/or (iv) any claim that your User Content caused damage to or violated the rights of a third party.
Your Responsibilities. You are responsible for establishing such procedures as you deem appropriate to verify the accuracy of data that you transmit using the Services, and we will have no obligation to verify the accuracy of that data. While we reserve the right to review any and all User Content made available through the Services, you will remain responsible for your User Content. Your use of the Services is subject to the additional disclaimers and caveats that may appear throughout the Services. HM is not responsible for an individual’s submissions, the quality of critiques and other actions of individual users.
Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. If you are accessing the Services on your mobile device, your network’s data and messaging rates and fees may apply. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, all Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Limitation of Liability. IN NO EVENT WILL WE, OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, SUCCESSORS, ASSIGNS, PARENTS, SBSIDIARIES OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, THE CONTENT, AND/OR THE USER CONTENT PROVIDED IN CONNECTION WITH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, THE CONTENT AND/OR ANY USER CONTENT PROVIDED ON OR THROUGH THE SERVICES. IN ADDITION, WE WILL NOT BE LIABLE FOR ANY NEGATIVE REPERCUSSIONS TO ANYONE BASED ON THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY LOST GOODWILL, LOST PROFITS OR LOST REVENUES. WE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE CAUSED BY YOUR USE OR MISUSE OF THE SERVICES AND/OR ANY CONTENT. WE ARE NOT RESPONSIBLE FOR: (A) INACCURACIES OR ERRORS IN OR OMISSIONS FROM THE CONTENT; (B) DELAYS, ERRORS, OR INTERRUPTIONS IN THE TRANSMISSION OR DELIVERY OF THE CONTENT; OR (C) LOSS OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY REASON OF NONPERFORMANCE. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR ENTIRE LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES YOU RECEIVE USING THE SERVICES AND THE CONTENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM ONE STATE OR JURISDICTION TO ANOTHER.
Third Party Content and Third Party Applications. We may provide hyperlinks to other websites maintained by third parties, or we may provide third party content on the Services by framing or other methods (collectively, “Third Party Content”). In addition, the Services may include certain applications, features, programs and services provided by third parties (collectively, “Third Party Applications”). We do not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. The links to third party websites, any Third Party Content, and any Third Party Applications are provided for your convenience and information only. The content on any linked website or in any Third Party Application is not under our control and we are not responsible for the content of linked websites and/or Third Party Applications, including any further links contained in a third party website. We make no representation or warranty in connection with any Third Party Content or Third Party Application, which at all times and in each instance is provided “as is.” If you decide to access any of the third party websites linked to the Services, any Third Party Content, and/or any Third Party Application, you do so entirely at your own risk. If a third party links or refers to the Services, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not even aware that a third party has linked to or refers to the Services.
Intellectual Property. The Content provided through the Services is intellectual property owned, controlled and/or licensed by us and/or our affiliates, or intellectual property that we are legally permitted to access and use. All applicable intellectual property laws, including copyright laws, protect our rights in and to the Content. No portion of the Content and/or User Content may be reproduced in any form or by any means, except as provided in these Terms. We are the owner or authorized licensee of, or are otherwise permitted to use, all trademarks, service marks, and logos used and displayed by us on the Services. All trademarks and service marks of HM that may be referred to on the Services are the property of HM or one of our affiliates. Other parties’ trademarks and service marks that may be referred to on the Services are the property of their respective owners. Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our, or our affiliates’, trademarks, service marks, logos, or copyrighted materials without our prior written permission.
Copyright Complaints. We own, protect and enforce copyright and other rights in our own intellectual property, and respect the intellectual property rights of others. We will respond to allegations of copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). Under the DMCA, a copyright owner may file a takedown notice with an online service provider of an alleged copyright infringement. During this process, the service provider responds by taking down the alleged infringing content, and takes reasonable steps to contact the owner of the removed content so that a counter-notification may be filed, if appropriate. If a valid counter-notification is filed, we typically will restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. We may provide copies of such notices to the affected parties or to any other third parties, at our discretion and as required by law. Our Privacy Policy does not apply to any information contained in these notices.When notifying us of potential infringement, you must include the following:identification of the copyrighted work(s) claimed to have been infringed. If multiple copyrighted works are involved, then a representative list of those works on the Services;identification of the allegedly infringing material that is to be removed;information reasonably sufficient to permit us to locate the allegedly infringing material on the Services;contact information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, or email address;a statement that the complaining party has a good faith belief that use of the material is in fact infringing and not authorized by the copyright owner, its agent, or the law;a statement, made under penalty of perjury, that the information set forth in the notification is accurate and, where relevant, that the complaining party is authorized to act on behalf of the copyright owner; and the signature, physical or electronic, of the copyright owner or a person authorized to act on his or her behalf.A provider of content subject to a claim of infringement may make a counter-notification. To file a counter-notification with us, please provide the DMCA Agent with a written communication containing the following:identification of the allegedly infringing material that was removed or disabled;a statement that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; andthe signature, physical or electronic, of you or a person authorized to act on your behalf.We will promptly provide the party that provided the notice of alleged infringement with a copy of the counter-notification, and inform the complaining party that we intend to restore the removed or disabled content within ten (10) business days. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of the counter-notification, we will restore the removed or disabled content. Until that time, your content will remain removed or disabled.Notice of alleged infringement must be sent by electronic mail to our DMCA Agent, _info@honestmedicalpc.com, or by certified mail and marked “Copyright Infringement”, Attn: DMCA Agent 7285 Yellowstone BLVD Ste B Forest Hills, NY 11375. Before filing notice of copyright infringement, you must make a careful determination as to whether or not the use of the material at issue is or may be protected by the “fair use” doctrine. You could potentially be held liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is infringement, it may be advisable to seek legal counsel.
Termination of Service. We may suspend or terminate your right to access portions of the Services at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Services, to us, to our partners, to the contributors, to the business of our Internet service provider, or to other information providers, or as we otherwise deem appropriate, in our sole discretion.
Additional Remedies. You acknowledge that your conduct that is inconsistent with these Terms may cause us irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that we may seek injunctive or other equitable relief to restrain such conduct without the necessity of proving actual harm or posting a bond.
Local Laws. We make no representation that any Content or materials on the Services are appropriate or available for use in jurisdictions that are outside the United States. Access to the Services from jurisdictions where such access is illegal is prohibited. If you choose to access the Services from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.
Governing Law; Jurisdiction and Venue. We will try to work in good faith to resolve any issue you have with the Services, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.You and HC agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms or your use of the Services, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and HC are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.If you desire to assert a claim against HC, and you therefore elect to seek arbitration, you must first send to HC, by certified mail, a written notice of your claim ("Notice"). The Notice to HC should be addressed to: HC 7285 Yellowstone BLVD Ste B, Forest Hills, N.Y. 11375 ("Notice Address"). During the arbitration, the amount of any settlement offer made by HC or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at
www.adr.org . The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at
www.adr.org , by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms, including this arbitration agreement. Unless HC and you agree otherwise, any arbitration hearings will take place in the State of New York. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of HC’s last written settlement offer made before an arbitrator was selected (or if HC did not make a settlement offer before an arbitrator was selected), then HC will pay you the amount of the award. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any.
YOU AND HC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and HC agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in the State of New York. Both HC and you agree to waive any and all rights to a jury trial in the event this agreement to arbitrate is found to be unenforceable. Nothing herein shall prevent either party from seeking injunctive relief or specific performance in any court of competent jurisdiction. If HC seeks injunctive relief or specific performance, it shall not be required to post a bond or similar undertaking.
Export Restrictions. Any software and all underlying information and technology downloaded or viewed from any of the Services or in connection with the services (collectively, the “Software or Technical Data”) by you may be subject to U.S. export controls, including the Export Administration Act and the Export Administration Regulations, and may be subject to export or import regulations in other countries. You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use and viewing of the Services, the Content, the User Content, and any of our products or services, including, but not limited to, the Software or Technical Data. Except as authorized by law, you agree and warrant not to export or re-export the Software or Technical Data to any county, or to any person, entity, or end-user subject to U.S. export controls, including, but not limited to, persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
Comments. By submitting comments, information or feedback (collectively, “Feedback”) to us via the phone, through email and/or the Services, you agree that the information submitted will be subject to our Privacy Policy. We may use Feedback in any manner that we may choose, including, but not limited to, the incorporation of suggested changes into our services and products, without notice or compensation to you.
Your Consent To These Terms of Service By accessing and using the Services, you consent to and agree to be bound by these Terms. If we decide to change these Terms or some part of them, we will make an effort to post those changes on this web page so that you will always be able to understand and agree to the terms and conditions governing your use of the Services. Your use of the Services following your acceptance of any amendment of these Terms will signify your assent to and acceptance of the revised Terms for all previously collected information and information collected from you in the future. If you have additional questions or comments of any kind, or if you see anything on the Services that you think is inappropriate, please let us know by sending your comments or requests to:
Honest Medical P.C
Copyright © 2025. Honest Medical P.C. All Rights Reserved.Last updated: January 1, 2025
