Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this site, you are agreeing to these Terms and Conditions. If you do not agree to all of these Terms and Conditions, do not use this site!

Dr. Morgenstern Medical PLLC (“Morgenstern Medical” or “DoctorMM”) may revise and update these Terms and Conditions at any time. Your continued usage of the DoctorMM website (“DoctorMM Site,” or the “Site,”) will mean you accept those changes.

The Site Does Not Provide Medical Advice

The contents of the DoctorMM Site, such as text, graphics, images, and other materials created by Morgenstern Medical or obtained from Morgenstern Medical’s licensors, and other materials contained on the DoctorMM Site (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 DoctorMM Site!

If you think you may have a medical emergency, call your doctor or 911 immediately. Morgenstern Medical does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Morgenstern Medical, Morgenstern Medical employees, others appearing on the Site at the invitation of Morgenstern Medical, or other visitors to the Site is solely at your own risk.

Children’s Privacy

We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract underage children. 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 Site is protected by the copyright laws in the United States and in foreign countries. Morgenstern Medical authorizes you to view or download a single copy of the Content solely for your personal, noncommercial use if you include the copyright notice located at the end of the material, for example: “©2018 Morgenstern Medical. 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 DoctorMM Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

Title to the Content remains with Morgenstern Medical 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 Morgenstern Medical. All rights not expressly granted herein are reserved to Morgenstern Medical and its licensors. Certain Content on this Site may be licensed under specific United States or international patent or trademark law.

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 Morgenstern Medical and Its Licensors

The use of the DoctorMM Site and the Content is at your own risk.

When using the DoctorMM Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Morgenstern Medical and its suppliers. Accordingly, Morgenstern Medical 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 DoctorMM Site.

The DoctorMM Site and the Content are provided on an “as is” basis. MORGENSTERN MEDICAL, ITS LICENSORS, 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, Morgenstern Medical, its licensors, and its suppliers make no representations or warranties about the following:

1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, links, or communications provided on or through the use of the DoctorMM Site or Morgenstern Medical.
2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the DoctorMM Site.

In no event shall Morgenstern Medical, its licensors, its suppliers, or any third parties mentioned on the DoctorMM Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the DoctorMM Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Morgenstern Medical, its licensors, its suppliers, or any third parties mentioned on the DoctorMM Site are advised of the possibility of such damages. Morgenstern Medical, its licensors, its suppliers, or any third parties mentioned on the DoctorMM Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. Morgenstern Medical, its licensors, its suppliers, or any third parties mentioned on the DoctorMM Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas 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

The personal information you submit to Morgenstern Medical is governed by the Morgenstern Medical Privacy Policy. To the extent there is an inconsistency between this Agreement and the Morgenstern Medical Privacy Policy, this Agreement shall govern.

The Site contains functionality and other interactive areas, including blogs (collectively “Public Areas”) that allow users to post or upload content and other information, including comments, images, questions, reviews, and other materials (the “User Content”).  Users may also upload User Content via our official brand presence on social media platforms and branded hashtags, including, without limitation Facebook, Twitter, Google Plus, YouTube, Instagram, and Pinterest, and/or any other social media applications (collectively “Social Media Platforms”). You agree that you will not post, upload, or transmit any communications or User Content of any type to the Public Areas or Social Media Platforms that infringe or violate any rights of any party. By submitting communications or User Content to the Public Areas or Social Media Platforms, you agree to comply with these Terms and Conditions and other applicable polices.  Morgenstern Medical reserves the right to remove User Content for any reason, including User Content that we believe violates these Terms and Conditions or our other policies. By submitting any communications or User Content to the Public Areas or Social Media Platforms, you further agree that such submission is non-confidential for all purposes. It is important to note that Morgenstern Medical is not responsible for the operation, terms of use or policies of any Social Media Platform. Before using any Social Media Platform, you should review its terms of use and policies, including its privacy policy.

If you make any submission or post User Content to a Public Area or a Social Media Platform, you agree that you will not send or transmit to Morgenstern Medical 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 Morgenstern Medical by email, you agree such submission is non-confidential for all purposes.

If you make any submission or post User Content to a Public Area or a Social Media Platform or if you submit any business information, idea, concept or invention to Morgenstern Medical by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-Morgenstern Medical 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. Morgenstern Medical 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 Public Areas or Social Media Platforms or to Morgenstern Medical 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 (like photos, videos, or audio) on the DoctorMM Site 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 (like 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 the DoctorMM Site or 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.

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions or the Morgenstern Medical Privacy Policy.

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.

By uploading any media on the DoctorMM Site or a Social Media Platform like a photo or video: (a) you grant to Morgenstern Medical 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 Morgenstern Medical 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 Morgenstern Medical 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.

Morgenstern Medical reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.

Passwords

Morgenstern Medical has several tools that allow you to record and store information and that may interact with you via your email and/or phone. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to any passwords or accounts used to interact with Morgenstern Medical not limited to passwords for your email, phone or other devices (collectively “Accounts”). It is your sole responsibility to: (1) control the dissemination and use of any sign-in name, screen name and passwords for your Accounts; (2) authorize, monitor, and control access to and use of your Accounts and their passwords; (3) promptly inform Morgenstern Medical if you believe your Accounts or their passwords have been compromised or if there is any other reason you need to stop interactions through your Accounts. To send us an email, use the “Contact Us” link located of our Site. You grant Morgenstern Medical and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Morgenstern Medical cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using Morgenstern Medical tools and services.

User Content Guidelines

If you use, or post User Content on, a Public Area such as blogs, or post 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 in the Public Areas or on the Social Media Platforms. Morgenstern Medical and its licensors are not responsible for the consequences of any communications in the Public Areas or 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 Public Areas and Social Media Platforms, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

1. Using a Public Area or Social Media Platform for any purpose in violation of local, state, national, or international laws;
2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Morgenstern Medical in its sole discretion;
4. Posting advertisements or solicitations of business;
5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
6. Posting chain letters or pyramid schemes;
7. Impersonating another person;
8. Distributing viruses or other harmful computer code;
9. Harvesting, scraping or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
10. Allowing any other person or entity to use your identification for posting or viewing comments
11. Posting the same note more than once or “spamming”; or
12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area, Social Media Platform or the Site, or which, in the judgment of Morgenstern Medical, exposes Morgenstern Medical or any of its customers or suppliers to any liability or detriment of any type.

Morgenstern Medical Reserves the Right (but is Not Obligated) to Do Any or All of the Following:

1. Record the dialogue in public chat rooms.
2. 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).
3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
4. Terminate a user’s access to any or all Public Areas and/or the DoctorMM Site upon any breach of these Terms and Conditions.
5. Monitor, edit, or disclose any communication in the Public Areas or on a Social Media Platform.
6. Edit or delete any communication(s) posted on the DoctorMM Site, regardless of whether such communication(s) violate these standards.

Morgenstern Medical or its licensors have no liability or responsibility to users of the DoctorMM Site or any other person or entity for performance or nonperformance of the aforementioned activities.

Searches, and Links to Other Sites

Morgenstern Medical may provide links to third-party web sites. Morgenstern Medical also may select certain sites as priority responses to search terms you enter. Morgenstern Medical does not recommend and does not endorse the content on any third-party websites. Morgenstern Medical is not responsible for the content of linked third-party sites, sites framed within the DoctorMM Site, third-party sites provided as search results, 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. Morgenstern Medical does not endorse any product, service, or treatment advertised on the DoctorMM Site.

Indemnity

You agree to defend, indemnify, and hold Morgenstern Medical, 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 Site, (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.

General

Morgenstern Medical is based in New York, in the United States of America with principal offices in New Hyde Park, New York. Morgenstern Medical makes no claims that Morgenstern Medical, the DoctorMM Site and the Content 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 Morgenstern Medical 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 Morgenstern Medical, or in any way relating to your use of the DoctorMM Site, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving Morgenstern Medical 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.

Notice and Takedown Procedures; and Copyright Agent

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Morgenstern Medical’s copyright agent (identified below) and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Morgenstern Medical’s agent for copyright issues relating to this web site is as follows:

Morgenstern Medical, LLC
Attn: Office of Privacy
1979 Marcus Ave, #210

New Hyde Park, NY 11042
Or call: 516-778-7533

In an effort to protect the rights of copyright owners, Morgenstern Medical maintains a policy for the termination, in appropriate circumstances, of subscribers and/or users of the Site who are repeat infringers.

Complete Agreement

Except as expressly provided in a particular “legal notice” on the DoctorMM Site, these Terms and Conditions and the Morgenstern Medical Privacy Policy constitute the entire agreement between you and Morgenstern Medical with respect to the use of the DoctorMM Site, and Content.

Thank you for your cooperation. We hope you find the DoctorMM.com Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to: Morgenstern Medical, Office of Privacy, 1979 Marcus Ave, #210, New Hyde Park, NY 11042.

Morgenstern Medical Health Manager: Questions or comments regarding the Morgenstern Medical Health Manager web site, including any reports of non-functioning links, should be directed by email via our online web form in the Health Manager or by U.S. Mail to Morgenstern Medical Customer Service, Morgenstern Medical, Office of Privacy, 1979 Marcus Ave, #210, New Hyde Park, NY 11042. Attn: Morgenstern Medical Health Questions. We try to answer every email in a timely manner but due to volume may not always be able to do so.