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PAGNY TERMS OF USE

Notice Regarding Website Content

PAGNY may from time to time post information from its doctors and health care professionals regarding the work they do. Any information, content and services (collectively, “Content”) on this website about the medical field or PAGNY’s work is for your general educational information only. The Content cannot, and is not intended to, replace the relationship that you have with your health care professionals. The Content on this website should not be considered medical advice and is not intended as medical advice.

Agreement and Terms

These website Terms of Use (“Terms”) describe the rules for using this website. These Terms constitute a legally binding agreement between the person using this website (you”) and Physician Affiliate Group of New York, P.C. (“PAGNY”).

By using this website, you agree to be bound by these terms. We may change these Terms at any time, and such changes will be posted on this or a similar page of this website. It is your responsibility to review these Terms each time you use this website. By continuing to use this website, you consent to any changes to our Terms.

By using this website, you acknowledge and agree that any activity on this website is subject to monitoring by the Company at any time, and that the Company may use the results of such monitoring without limitation, subject to applicable law.

License to Use This Website and Content Ownership

Subject to these Terms, the Company grants you a personal, nontransferable, nonexclusive, revocable, limited license to view the Content on the website for the sole purpose of collecting information regarding the Company. You may also print a reasonable number of copies of the Content for your personal use, but in such case you must reproduce all proprietary copyright and trademark notices. All rights, title and interest in and to the website, including the Content, and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein shall remain with the Company and our licensors and vendors, and no ownership interest is transferred to you or any other entity by virtue of making the Content available on the website, granting the foregoing licenses or entering into this Agreement.

We may terminate this license at any time for any reason. If you breach any of these Terms, your license to the Content terminates immediately. Upon the termination of this license you must stop using this website, including all Content, and return or destroy all copies, including electronic copies, of the Content in your possession or control.

In the event you choose to provide us with any feedback, suggestions, or similar communications, all such messages (collectively, “Feedback Messages”) will be considered non-personal, non-confidential (except for personal information as described in our Privacy Policies) and nonproprietary. You hereby grant the Company a perpetual, sub-licensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute your Feedback Messages, in whole or in part, and including all intellectual property rights therein.

This website may include trademarks or logos belonging to other third-party licensors and are used pursuant to an agreement with such third parties.

Registration and User Content

As a condition to using the Sites and Services, you may be required to register with the Company and select a password and user name (“User ID”). If you register on our Website, you agree to receive emails from us related to PAGNY’s services. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. We will handle any personally identifiable information you provide in accordance with our Privacy Policy. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of another person without appropriate authorization; or (iii) misrepresent your licenses or qualifications. Company reserves the right to refuse registration of, or cancel a User ID in our sole discretion. You are responsible for maintaining the confidentiality of your password and are solely responsible for all information and instructions transmitted through the Sites or the use of any Services using your password and User ID. All information and instructions communicated by use of your User ID will be considered to have been sent and authorized by you. You agree to promptly notify us of any unauthorized use of your User ID, password or other account information, or of any other breach of security that you become aware of involving your account or the Services.

Through our Website, you may be able to create a profile and apply for job opportunities which may be reviewed and evaluated by PAGNY and its employees, agents, or certain third-parties for positions at one of our affiliated sites.

Through our Website, you may be allowed to communicate, submit, upload or otherwise make available text, images, or other content (“User Content”), which may be accessible and viewable by us or by the public. You may not submit or upload User Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.

Restrictions on the Use of This Website

By using this Website, you agree, represent and warrant:

  • not to use this website or Content in any way not explicitly permitted by these Terms or the text of the website itself;
  • not to copy, modify or create derivative works involving the Content, except you may print a reasonable number of copies for your personal use, provided that you reproduce all proprietary copyright and trademark notices;
  • not to misrepresent your identity or provide us with any false information in any information-collection portion of this website, such as a registration or application page;
  • not to take any action intended to interfere with the operation of this website;
  • not to access or attempt to access any portion of this website to which you have not been explicitly granted access;
  • not to share any password assigned to or created by you with any third parties or use any password granted to or created by a third party;
  • not to directly or indirectly authorize anyone else to take actions prohibited in this section;
  • to comply with all applicable laws and regulations while using this website or the Content.
  • that you are at least 13 years of age, and that if you are between 13 and 18 years of age a parent and/or guardian agrees to these Terms on your behalf.

Copyright Infringement – DMCA Notice

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 US copyright law. If you believe in good faith that content or material on this website infringes a copyright owned by you, you (or your agent) may send the Company a notice requesting that the material be removed, or access to it blocked.

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.

All requests, notices and counter-notices with respect to any alleged copyright infringement or pursuant to DMCA should be sent to PAGNY, Attn: Compliance Department, 55 West 125th Street, Suite 1001, New York, New York 10027.

Changes to the Website

We may change, add or remove some or all of the Content on this website at any time. And while our goal is to provide accurate information, certain features or posting offered through this Website may not be up to date or accurate.

Links

While visiting this website you may click on a link to other websites and leave this website. We provide links to other websites that may contain information that may be useful or interesting to you. We do not endorse, and are not responsible for, the content and accuracy of linked websites operated by third parties or for any of your dealings with such third parties. You are solely responsible for your dealings with such third parties and we encourage you to read the terms of use and privacy policies on such third-party websites.

NO WARRANTIES OR GUARANTEES

ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS. THE COMPANY, ALL THIRD PARTIES, IF ANY, PROVIDING SERVICES OR CONTENT FOR THIS WEBSITE, AND ALL THIRD PARTIES PROVIDING SUPPORT OR INFORMATION FOR THIS WEBSITE (COLLECTIVELY, “WEBSITE-RELATED-PARTIES”) HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE WEBSITE-RELATED-PARTIES MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, CORRECTNESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, THE WEBSITE-RELATED-PARTIES SPECIFICALLY DO NOT REPRESENT OR WARRANT THAT ANY INFORMATION REGARDING PARTICULAR SERVICES PROVIDED BY THE COMPANY ARE ACCURATE OR COMPLETE. THE WEBSITE-RELATED-PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE TECHNOLOGY THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE. SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXLCUSIONS MAY NOT APPLY TO YOU.

PAGNY makes no representations or guarantees that any submission for employment through this Website will result in candidates being hired, positions being filled or employees being retained.

LIMITATION OF LIABILITY

YOU AGREE THAT NONE OF THE WEBSITE-RELATED-PARTIES SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS THE WEBSITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL, CUMULATIVE, LIABILITY OF THE WEBSITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE WEBSITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEBSITE OR CONTENT ARE EXCLUDED EVEN IF THE WEBSITE-RELATED-PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU USE THIS WEBSITE AT YOUR OWN RISK AND YOU ASSUME ALL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE, THE INTERNET GENERALLY AND THE DOUCMENTS OR EMPLOYMENT RELATED MATTERIALS THAT YOU POST, PROVIDE OR ACCESS. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Governing Law and Statute Of Limitations

The laws of the State of New York govern these Terms and any cause of action arising under or relating to your use of the website, without reference to its choice-of-law principles. You agree that the only proper jurisdiction and venue for any dispute with the Company, or in any way relating to your use of this website, is in the state and federal courts in the County of New York, in the State of New York. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving the Company or its employees, officers, directors, agents and providers. If any provision of these Terms is determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.

Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this website, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. No action, regardless of form, arising out of these Terms of Use may be brought by you more than one year after the cause of action has occurred.

Contact Us

To contact us regarding these Terms or the operation of the website itself, please email or write to us at: Compliance@pagny.org; or: PAGNY, Attn: Compliance Department, 55 West 125th Street, Suite 1001, New York, New York 10027.

Miscellaneous Terms

Nothing contained within this Policy or on the Website constitutes or is intended to constitute legal advice by PAGNY, or its officers, employees, agents, attorneys, or representatives. Titles and paragraph headings are for reference purposes only. These Terms of Use contain the entire agreement between you and PAGNY regarding the subject matter herein and supersedes any and all previous versions of this policy. Your obligations under the following sections survive termination of this Agreement: Notice Regarding Website Content; Agreement and Terms; Portions Of License To Use This Website And Content Ownership; Restrictions On Use Of This Website; Copyright Infringement – DMCA Notice; Changes To Website Content; Links; NO WARRANTIES; LIMITATION OF LIABILITY; Governing Law And Statute Of Limitations; Miscellaneous Terms. If any provision of these Terms 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, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You agree to defend and indemnify, Website-Related-Parties and their subsidiaries, affiliates, officers, directors, employees, and agents, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, arising out of or related to your breach of this Agreement or your use or misuse of the Content or website. You may not transfer or assign any rights or obligations under this Agreement. The Company may transfer or assign its rights and obligations under this Agreement.