Terms of Use

 
 

Welcome to https://www.drpoojaamyshah.com (the “Website”), operated by Pooja Amy Shah, MD, PLLC, New York corporation (“Pooja Amy Shah”, “Dr. Shah”, “we”, “our”, or “us”). This Website's Terms of Use (hereinafter, the “Agreement”) sets forth the terms and conditions which govern your use of the Website and any other website sponsored, owned or operated by Pooja Amy Shah, MD, or its affiliates (hereinafter, the “Sites”) and/or the products or services (hereinafter, the “Services”) made available thereon which are provided by Pooja Amy Shah, MD, or its affiliates.

 

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING, ACCESSING OR USING ANY OF THE SITES AND/OR SERVICES.

By accessing or using the sites and/or services, you agree to be bound by the TERMS AND CONDITIONS set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the sites or services and should immediately cease such use. POOJA AMY SHAH, MD, PLLC, may modify this agreement at any time, and such modifications shall be effective immediately upon notice, which may be accomplished via email and posting the modified agreement on the site. Your use of any of the sites and/or services following such notice shall be deemed your acceptance of such changes. You agree to review the agreement periodically to be aware of such modifications. Your continued access or use of the site and/or services shall be seemed your conclusive acceptance of the modified agreement. If we request, you irrevocably agree to sign a non-electronic version of this agreement. 

 

Professional Advice Disclaimer

This site offers health, nutritional, and fitness information and is intended for users 18 years of age or older. This site is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. You should not use information on this website for diagnosing or treating a health problem or disease. If you have any concerns or questions about your health, you should ALWAYS consult with a physician or other health care professional. NEVER disregard, avoid or delay obtaining medical or health related advice from your medical health care professional because of something you may have read on this site. Using any information provided on this site is solely at your own risk. 

Nothing stated or posted on this site are intended to be, and must not be taken to be, the practice of medical or counseling care.  For the purposes of this agreement, the practice of medicine and counseling includes, without limitation, Family Medicine, Integrative Medicine, Psychiatry, Psychology, Psychotherapy, or providing health care treatment instructions, diagnosis, prognosis, or advice. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on this website. Information on this website does not create a physician-patient relationship between you and Pooja Amy Shah, MD. 

You should not use the information on this website for prescribing a treatment or medication. You should always consult with your physician or other health care professional prior to ingesting or using any medication or other herbal, botanical, nutritional, or homeopathic supplements, or adopting any treatment for a health problem or disease. If you suspect that you have a medical problem, you should promptly contact your health care provider and seek care. Information and statements regarding dietary supplements have not been evaluated by the U.S. Food and Drug Administration ("FDA") and are not intended to diagnose, treat, cure or prevent any disease.

Developments in medical research may impact the health, nutritional and fitness advice that appears here. No assurance can be given that the advice contained on this site will always be up to date or include the most recent findings or developments with respect to any particular material. 

This site is continually under development and POOJA AMY SHAH, MD, PLLC makes no warranty of any kind, implied or express, as to its accuracy, completeness, or appropriateness for any purpose. 

 

Limitation of Liability

Neither POOJA AMY SHAH, MD, PLLC, not its employees, agents, contractors or sponsors are responsible or liable to you or anyone else for any loss or injury or any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the:

  • use of or inability to use the sites and/or services;

  • any content contained on the sites and/or services;

  • statements made publicly available on the sites and/or services;

  • any action taken in response to or as a result of any information available on the sites or services; 

  • any damage caused by loss of access to, deletion of, or alteration of any content on the sites and/or services;

  • any other matter relating to the sites and/or the services. 

In no event shall POOJA AMY SHAH, MD, PLLC's total liability to you for any and all damages, losses, and causes of action (whether in contract, tort (including, but not limited to negligence), statutory or otherwise) exceed the amount paid by you, if any, for using any of the sites and/or services. 

 

Limited License & Use of Services

Pooja Amy Shah, MD, grants to you a limited personal, non-exclusive and non-transferable right and license to access the Sites and use the Services thereon. Unless otherwise specified in writing, the Services are for your personal and non-commercial use.

Pooja Amy Shah, MD’s Services shall contain, without limitation, online services and products, including articles, blogs, newsletters, tools, email services, social networking platforms and various other message communication applications.

In connection with your use of the Sites and/or the Services, you acknowledge and agree that you will not:

  • copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Sites or the Services;

  • access the Sites or Services by any means other than through the standard industry-accepted or Pooja Amy Shah, MD-provided interfaces;

  • transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another’s right of privacy or publicity;

  • impersonate any person or entity, including without limitation, a Pooja Amy Shah, MD, official, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity;

  • post or transmit any material that contains a virus or corrupted data;

  • delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

  • transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;

  • violate any applicable local, state, national or international law;

  • transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

  • manipulate or otherwise display the Sites and/or the Services by using framing or similar navigational technology;

  • use the Sites and/or the Services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site or the Services in any manner that could damage, disable, overburden or impair Pooja Amy Shah, MD’s servers or networks, or interfere with any other user’s use and enjoyment of the Sites and/or the Services. Furthermore, you may not attempt to gain unauthorized access to any of the Sites, Services, accounts, computer systems or networks connected to Pooja Amy Shah, MD, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites or the Services.

 

Copyright Policy

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 the U.S. copyright law. If you believe in good faith that materials hosted by Pooja Amy Shah, MD, infringe your copyright, you, or your agent may send to Pooja Amy Shah, MD, a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Pooja Amy Shah, MD, 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 Pooja Amy Shah, MD, a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see https://www.copyright.gov/ for details.

Pooja Amy Shah’s MD, for notice of claims of copyright infringement or counter notices can be reached as follows:

info@drpoojaamyshah.com

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

 

Proprietary Rights

You acknowledge and agree that the Sites and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of Pooja Amy Shah, MD, or its licensors. You further acknowledge and agree that any content contained in advertisements or information presented to you through advertisers concerning Pooja Amy Shah, MD, or otherwise is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

 

Disclaimer Regarding Outside Links

The links on any of the Sites and/or Services will let you leave the particular Site or Service you are accessing in order to access a linked site (the “Linked Sites”). Pooja Amy Shah, MD, provides these links as a convenience, but we neither control nor endorse these Linked Sites, nor has Pooja Amy Shah, MD, reviewed or approved the content which appears on the Linked Sites. Pooja Amy Shah, MD, is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any Linked Sites. You acknowledge and agree that Pooja Amy Shah, MD, shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites.

 

Your Privacy / Privacy Policy

Pooja Amy Shah, MD, PLLC’s takes your privacy very seriously. Pooja Amy Shah, MD, PLLC's policy with respect to the collection and use of your personally identifiable information is set forth at https://poojaamyshah.com/privacypolicy. By accepting these Terms of Service, you acknowledge this policy.

 

Indemnification

You agree to indemnify, defend, and hold Pooja Amy Shah, MD, and its subsidiaries, affiliates, or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement or (ii) your access or use of the Sites and/or the Services. This Section titled Indemnification shall survive in the event this Agreement is terminated for any reason.

 

Jurisdictional Issues

Pooja Amy Shah, MD, PLLC, makes no representation or warranty that the content and materials on the Sites and/or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Sites or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Pooja Amy Shah, MD, PLLC, reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites and/or the Services to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such Service or products that we provide.

 

Termination

This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that Pooja Amy Shah, MD, PLLC, in its sole discretion, may terminate your use of the Sites or Services and remove and discard any content within the Sites, at any time and for any reason. You agree that any actions taken under this Section titled Termination may be effective without prior notice to you. In the event of termination, however, those Sections in this Agreement which provide for continuing obligations on your part shall survive indefinitely.

 

General Information

This Agreement constitutes the entire agreement and understanding between you and Pooja Amy Shah, MD, PLLC, and governs your use of the Sites and the Services, superseding any prior agreements between you and Pooja Amy Shah, MD, PLLC. This Agreement and the relationship between you and Pooja Amy Shah, MD, PLLC, shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You and Pooja Amy Shah, MD, PLLC irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of New York, in the State of New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of Pooja Amy Shah, MD, PLLC, to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed here from and shall not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are for convenience purposes only and have no legal or contractual effect. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without your consent. No waiver by Pooja Amy Shah, MD, PLLC, of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.

Contact Us

If you have any questions or concerns regarding the Website, please contact us by e-mail at info@drpoojaamyshah.com

Last updated: 11/28/2017