Website Privacy Policy

 

Your privacy is very important to our practice. The information on this site is protected by state and federal laws including the Health Insurance Portability and Accountability Act (HIPAA).

 

If you have questions or wish to learn more about the privacy and security of your protected health information, please contact Jennifer Schiavi, NP in Family Health PLLC or see the Notice of Privacy Practices.

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Jennifer Schiavi NP in Family Health PLLC's Notice of Privacy Practices

Jennifer Schiavi, NP in Family Health PLLC’s Notice of Privacy Practices 

THIS NOTICE DESCRIBES HOW YOUR MEDICAL INFORMATION MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. 

PLEASE REVIEW IT CAREFULLY.

Jennifer Schiavi, NP in Family Health PLLC 

402 North Cayuga Street 

Ithaca, New York 14850

Effective date: August 9, 2023

Summary

This is a summary of how we may use and disclose your protected health information and your rights and choices when it comes to your information. We will explain these in more detail on the following pages. 

Your Rights

You have the right to:

·      Get a copy of your paper or electronic protected health information.

·      Correct your protected health information.

·      Ask us to limit the information we share, in some cases.

·      Get a list of those with whom we've shared your information.

·      Request confidential communication.

·      Get a copy of this privacy notice.

·      Choose someone to act for you.

·      File a complaint if you believe we have violated your privacy rights.

Your Choices

You have some choices about how we use and share information as we:

·      Communicate with you.

·      Tell family and friends about your condition.

·      Provide disaster relief.

·      Provide mental health care.

Our Uses and Disclosures 

We may use and disclose your information as we:

·      Treat you. 

·      Bill for services. 

·      Run our organization. 

·      Do research. 

·      Comply with the law. 

·      Respond to organ and tissue donation requests. 

·      Work with a medical examiner or funeral director.

·      Address workers' compensation, law enforcement, and other government requests.

·      Respond to lawsuits and legal actions.

Purpose

Jennifer Schiavi, NP in Family Health PLLC (Schiavi PLLC or We) respects your privacy. We are also legally required to maintain the privacy of your protected health information (PHI) under the Health Insurance Portability and Accountability Act (HIPAA) and other federal and state laws. We follow state privacy laws when they are stricter or more protective of your PHI than federal law.

As part of our commitment and legal compliance, we are providing you with this Notice of Privacy Practices (Notice). This Notice describes:

·      Our legal duties and privacy practices regarding your PHI, including our duty to notify you following a data breach of your unsecured PHI. 

·      Our permitted uses and disclosures of your PHI.

·      Your rights regarding your PHI. 

Contact

If you have any questions about this Notice, please contact Jennifer Schiavi, NP.

PHI Defined

Your PHI:

·      Is health information about you:

·      which someone may use to identify you; and

·      which we keep or transmit in electronic, oral, or written form. 

·      Includes information such as your:

·      name;

·      contact information;

·      past, present, or future physical or mental health or medical conditions; 

·      payment for health care products or services; or

·      prescriptions.

Scope

We create a record of the care and health services you receive, to provide your care, and to comply with certain legal requirements. This Notice applies to all the PHI that we generate. 

We follow and our employees and other workforce members follow the duties and privacy practices that this Notice describes and any changes once they take effect. 

Changes to this Notice 

We can change the terms of this Notice, and the changes will apply to all information we have about you. The new notice will be available on request, in our office, and on our website. 

Data Breach Notification 

We will promptly notify you if a data breach occurs that may have compromised the privacy or security of your PHI. We will notify you within the legally required time frame/no later than 60 days after we discover the breach. Most of the time, we will notify you in writing, by first-class mail, or we may email you if you have provided us with your current email address and you have previously agreed to receive notices electronically. In some circumstances, our business associates, which are described in more detail below, may provide the notification. In limited circumstances when we have insufficient or out-of-date contact information, we may provide notice in a legally acceptable alternative form.

Your Rights 

When it comes to your health information, you have certain rights. This section explains your rights and some of our responsibilities to help you.

You have the right to:

·      Get a copy of your PHI. You can ask to see or obtain an electronic or paper copy of the PHI that we maintain about you (right to request access). Alternatively, you may request a summary of your PHI or an explanation of your PHI. Some clarifications about your access rights: 

• we may require you to make access requests in writing/by submitting an electronically signed form provided by Schiavi PLLC;

• we may charge a reasonable, cost-based fee for the costs of copying, mailing, or other supplies associated with your request in compliance with applicable federal and/or state laws;

• you may request that we provide a copy of your PHI to a family member, another person, or a designated entity. In such case, we require that you submit such requests in writing via our HIPAA Authorization to Use and Disclosure Protected Health Information form.  That form must clearly identify the designated person and where to send the PHI. 

• Ask us to correct your medical record. You may ask us to correct or amend PHI that we maintain about you that you think is incorrect or inaccurate. 

• Ask us to limit what we use or share. You have the right to ask us to limit what we use or share about your PHI (right to request restrictions). You can contact us and request us not to use or share certain PHI for treatment, payment, or operations or with certain persons involved in your care. We require that you submit this request in writing, using our HIPAA Authorization to Use and Disclosure Protected Health Information form.  For these requests:

  • we are not required to agree;

  • we may say "no" if it would affect your care; but

  • we will agree not to disclose information to a health plan for purposes of payment or health care operations if the requested restriction concerns a health care item or service for which you or another person, other than the health plan, paid in full out-of-pocket, unless it is otherwise required by law.

• Get a list of those with whom we've shared your PHI. You have the right to request an accounting of certain PHI disclosures that we have made. For these requests:

  • we will include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures, such as any you asked us to make; and

  • we will provide one accounting a year for free, but will charge a reasonable, cost-based fee if you ask for another one within 12 months. We will notify you about the costs in advance and you may choose to withdraw or modify your request at that time.

• Choose someone to act for you. If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your PHI. 

• Request confidential communications. You have the right to request that we communicate with you about health matters in a certain way or at a certain location. For example, you can ask that we only contact you at work or at a specific address. For these requests: 

  • you must specify how or where you wish to be contacted; and

  • we will accommodate reasonable requests.

• Make a complaint. You have the right to complain if you feel we have violated your rights. We will not retaliate against you for filing a complaint. You may either file a complaint:

  • directly with us by contacting Jennifer Schiavi, NP. All complaints must be submitted in writing; or

  • with the Office for Civil Rights at the US Department of Health and Human Services by: 

Sending a letter to:

Centralized Case Management Operations
U.S. Department of Health and Human Services
200 Independence Avenue, S.W.
Room 509F HHH Bldg.
Washington, D.C. 20201

Calling  (800) 368-1019; or 

Visiting 

 

 

Your Choices 

For certain health information, you can tell us your choices about what we share. If you have a clear preference for how we share your information in the situations described below, please contact us and we will make reasonable efforts to follow your instructions.

In these cases, you have both the right and choice to tell us whether to:

• Share information, such as your PHI, general condition, or location, with your family, close friends, or others involved in your care.

• Share information in a disaster relief situation, such as to a relief organization to assist with locating or notifying your family, close friends, or others involved in your care.

If you are not able to tell us your preference, for example if you are unconscious, we may share your information if we believe it is in your best interest, according to our best judgment. We may also share your information when needed to lessen a serious and imminent threat to health or safety.

In these cases, we will not share your information unless you give us your written permission:

·      Most sharing of a mental health care professional's notes (psychotherapy notes).

·      Other uses and disclosures not described in this Notice. 

You may revoke your authorization at any time, but it will not affect information that we already used and disclosed. 

Uses and Disclosures of Your PHI 

The law permits or requires us to use or disclose your PHI for various reasons, which we explain in this Notice. We have included some examples, but we have not listed every permissible use or disclosure. When using or disclosing PHI or requesting your PHI from another source, we will make reasonable efforts to limit our use, disclosure, or request about your PHI to the minimum we need to accomplish our intended purpose.

Uses and Disclosures for Treatment, Payment, or Health Care Operations

• Treatment. We may use or disclose your PHI and share it with other professionals who are treating you, including doctors, nurses, technicians, medical students, or hospital personnel involved in your care. For example, we might disclose information about your overall health condition to physicians who are treating you for a specific injury or condition.

• Billing and payment. We may use and disclose your PHI to bill and get payment from health plans or others. For example, we share your PHI with your health insurance plan so it will pay for the services you receive.

• Running our organization. We may use and disclose your PHI to run our practice, improve your care, and contact you when necessary. For example, we may use your PHI to manage the services and treatment you receive or to monitor the quality of our health care services.

 

Other Uses and Disclosures 

We may share your information in other ways, usually for public health or research purposes or to contribute to the public good. For more information on permitted uses and disclosures, see www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html. For example, these other uses and disclosures may involve: 

• Our business associates. We may use and disclose your PHI to outside persons or entities that perform services on our behalf, such as auditing, legal, or transcription (Business Associates). The law requires our business associates and their subcontractors to protect your PHI in the same way we do. We also contractually require these parties to use and disclose your PHI only as permitted and to appropriately safeguard your PHI.

• Complying with the law. For example, we will share your PHI if the Department of Health and Human Services requires it when investigating our compliance with privacy laws.

• Helping with public health and safety issues. For example, we may share your PHI to:

  • report injuries, births, and deaths; 

  • prevent disease; 

  • report adverse reactions to medications or medical device product defects; 

  • report suspected child neglect or abuse, or domestic violence; or 

  • avert a serious threat to public health or safety.

• Responding to legal actions. For example, we may share your PHI to respond to:

  • a court or administrative order or subpoena;

  • discovery request; or

  • another lawful process.

• Research. For example, we may share your PHI for some types of health research that do not require your authorization, such as if an institutional review board (IRB) has waived the written authorization requirement.

• Working with medical examiners or funeral directors. For example, we may share PHI with coroners, medical examiners, or funeral directors when an individual dies.

• Responding to organ and tissue donation requests. For example, we may share your PHI to arrange an authorized organ or tissue donation from you or a transplant for you.

• Addressing workers' compensation, law enforcement, or other government requests. For example, we may use and disclose your PHI for:

  • workers' compensation claims; 

  • health oversight activities by federal or state agencies;

  • law enforcement purposes or with a law enforcement official; or

  • specialized government functions, such as military and veterans' activities, national security and intelligence, presidential protective services, or medical suitability. 

HIPAA Notice of Privacy Practices Acknowledgment

I acknowledge that I have received the HIPAA Notice of Privacy Practices (the “Notice’) from Jennifer Schiavi, NP in Family Health PLLC (the “Provider”) and that I have been provided an opportunity to review it. I understand that:

• I have certain rights to privacy regarding my protected health information.

• The Provider can and will use my health information for purposes of my treatment, payment for treatment, and health care operations.

• The Notice explains in more detail how the Provider may use and share my protected health information for other purposes.

• I have the rights regarding my protected health information listed in the Notice.

• The Provider has the right to change the Notice from time to time and I can obtain a current copy of the Notice by contacting the person listed in the Notice.

• This Notice may be executed in hard copy or electronic format.

 

TERMS OF SERVICE

IN SCHIAVI SCHIAVI NP IN FAMILY HEALTH PLLC

 

General

 

This website (the "Site") is owned and operated by In Jennifer Schiavi NP in Family Health PLLC (“Family Health”, “we,” “our” or “us”). By using the Site, you agree to be bound by these Terms of Service and utilize the Site in accordance with these Terms of Service, our Privacy Policies, and your Client Agreement and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or otherwise provided by Family Health. By accessing and utilizing the Site, you agree to be bound by these Terms of Service.

Family Health reserves the right to change these Terms of Service or to impose new conditions for use of the Site, from time to time, in which case we will post the revised Terms of Service on the Site. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.

Intellectual Property Rights

Our Limited License to You. This Site and all the materials provided by Family Health are the property of Family Health and are protected by intellectual property laws. The Site is provided solely for your personal, noncommercial use. You may not use the Site or the materials made available or otherwise provided in a manner not authorized by Family Health or which may infringement on our of our intellectual property rights. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all proprietary marks and/or notices.

Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues or to any of Family Health staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen (18) years of age or older. In addition, when you submit, email, text, deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant Family Health, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You acknowledge and agree that any contributions originally created by you for Family Health shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended.  As such, the copyrights in those works shall belong to Family Health from their creation.  Thus, Family Health shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as Family Health determines.  In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to Family Health all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted materials which are reproductions of prior works by you shall be co-owned by us. 

 

You acknowledge that Family Health has the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

Disclaimers

Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor any of our affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.

If applicable, any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Family Health. Neither Family Health nor any third party provider of information guarantees the accuracy, completeness or usefulness of any content. Furthermore, Family Health neither endorses nor is responsible for the accuracy and reliability of any opinion, advice or statement made on the Site or linked to the Site by anyone other than an authorized representative of Family Health while acting in his/her official capacity.

The information, products and services offered on or through the Site and by Family Health and any third party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Site or any of its functions will be uninterrupted or error-free, that defects will be corrected or that any part of this Site, including bulletin boards or the servers that make it available, are free of viruses or other harmful components.

We do not warrant or make any representations regarding the use or the results of the use of the Site or materials on the Site or on third party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.

Indemnity

 

You agree at all times to defend, indemnify and hold harmless Family Health, its affiliates, successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant  set forth herein.

 

Online Commerce and Third Party Products

Certain sections of the Site may allow you to purchase various products and services online that are provided by third parties. We are not responsible for any of these products and/or services including the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a third party on the Site or on a site linked to by the Site, the information obtained during your visit to that third party's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the third party and us. A third party may have privacy and data collection practices that are different from ours. We have no control over, responsibility or liability for these independent practices/policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions of that third party that specifically apply to your purchase or use of such products or services. For more information regarding a third party, its online store, its privacy policies and/or any additional terms and conditions that may apply, visit that third party's website and click on its information links or contact the third party directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.

Your interaction, correspondence or business dealings with any third party found on or through the Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Family Health shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of such dealings.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to us or another party, you represent that you have obtained the express consent of such third party to provide such third party's personal information.

Interactive Features

The Site may include a variety of features, such as bulletin boards, web logs, chat rooms and email services, which allow feedback to us and real-time interaction between users and other features which allow users to communicate with others. Responsibility for what is posted on message boards, groups, chats or other such forums on the Site, or sent via any email services on the Site, lies with each user - you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:

• Restrict or inhibit any other user from using and enjoying the Site.

• Use the Site to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

• Interfere with or disrupt any servers or networks used to provide the Site or its features or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.

• Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person, business or entity.

• Gain unauthorized access to the Site, or any account, computer system or network connected to this Site, by means such as hacking, password mining or other illicit means.

• Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.

• Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent statements, information or images of any kind, including without limitation any transmissions advocating, constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, federal or international law.

• Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.

• Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.

• Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.

• Use the Site to advertise or solicit anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.

• Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

Family Health may host message boards, groups, chats or other such forums on the Site and on other platforms. Any user failing to comply with these Terms of Service may be expelled from the Site and denied continued access to the message boards, groups, chats or other such forums in the future. Family Health or its designated agents may remove or alter any user-created content at any time for any reason without liability or consequence. Message boards, groups, chats or other such forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these forums may be provided by Family Health staff, outside contributors or by users not connected with us, some of whom may employ anonymous user names. Family Health expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Family Health or any of its agents, employees or contractors.

Family Health has no obligation whatsoever to monitor any of the content or postings on the message board, chat room or other public forums on the Site. However, you acknowledge and agree that we have the absolute right to monitor same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

Registration

To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country of residence. In addition, if you elect to sign-up for a particular feature of the Site, such as message boards, groups, chats or other such forums, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If we have reasonable grounds to suspect that the information you provide is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Passwords

To use certain features of the Site, you will need a username, password and/or account, which you will receive through the Site's registration process. You are responsible for maintaining the confidentiality of your username, password and/or account, and are responsible for all activities (whether by you or by others) that occur under your username, password and/or account. You agree to notify us immediately of any unauthorized use of your username, password and/or account or any other breach of security, and to ensure that you exit and logoff from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your username, password and/or account information.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall Family Health or our owners, agents, employees, contractors, subsidiaries, affiliates and/or parent entities be liable for direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use the Site, including our messaging, blogs, comments of others, books, emails, products or services, or third party materials, products or services made available through the Site or by us in any way, even if we are advised beforehand of the possibility of such damages. (Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, our liability and the liability of our subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.) You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal statements or conduct of any user. If you are dissatisfied with the Site, any materials, products or services on the Site, or with any of the Site’s terms and conditions, your sole and exclusive remedy is to discontinue using the Site and the products, services and/or materials.

The Site is continually under development and Family Health makes no warranty of any kind, implied or express, as to its accuracy, completelness or appropriateness for any purpose. 

 

 

Content Relating to Health & Wellness On The Site

The Site offers health, wellness, fitness and nutritional information and is designed for educational purposes only.  You should not rely on any information as a substitute for, nor does it replace professional medical advice, diagnosis or treatment.  If you have any concerns or questions about your health, you should always consult with a physician or other licensed health-care professional.  Do not disregard, avoid or delay obtaining medical or health-related advice from your licensed health-care professional because of something you may have read on this Site. The use of and reliance upon any infromation provided on this Site is solely at your own risk.

Nothing stated or posted on this Site or available through any services are intended to be, and must not be taken to be, the practice of medical or counseling care.  For purposes of this Agreement, the practice of medical or counsleing includes, without limitation, psychiatry, psychology, psychotherapy or providing health care treatment, instructions, diagnosis, prognosis or advice.

Termination

We may deny, cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of denial, cancellation or termination, you are no longer authorized to access the part of the Site affected by such denial, cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive any denial, cancellation or termination of the Program or this Agreement.

Refund Policy

Unless otherwise provided, there will be no right to any refund or reimbursement, either in whole or pro rata, of any fee, costs or expense paid to Family Health. 

Digital Millennium Copyright Act

 

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under state and federal copyright laws. If you believe in good faith that materials posted or displayed by Family Health infringe your copyright, you or your agent shall provide written notice of same to Family Health supporting your contention that the materials are protected and requesting that same be removed or access be blocked.  Any notification by a copyright owner or a person authorized to act on said owner’s behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Family Health’s actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Family Health a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Family Health’s Copyright Agent for notice shall be Family Health.

 

Assignment

This Agreement shall be binding upon and inure to the benefit of Family Health and our respective assigns, successors, heirs and legal representatives. Family Health shall be permitted to assign these Terms of Service and all rights and obligations hereunder to any subsidiary, affiliate or successor entity and by agreeing to these Terms of Service, you consent and agree to any such assignment.  Subject to the foregoing, these Terms of Service may not be assigned by you to anybody without the prior written consent of Family Health.

Dispute Resolution

These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York and any dispute shall be subject to binding arbitration in accordance with the rules and procedures of the American Arbitration Association in New York, New York applying New York law.  If any provision of these Terms of Service shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

Class Action Waiver

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, collective or representative action and you expressly waive your right to be a member or otherwise participate in any class action or collective action lawsuit, class arbitration or private attorney general action.

Should any dispute between you and Family Health be referred to arbitration under this Terms of Service Agreement, the arbitrator or arbitration panel may not consolidate more than one person’s claims and the arbitrator or arbitration panel may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree in writing.

Severability

If any clause within these Terms of Service (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from these Terms of Service, and the remainder of these Terms of Service will be given full force and effect.