This web page represents a legal document that serves as the Terms of Service for our website, "www.NeurocriticalCareSolutions.com" (“Website”) and corresponding Service (as defined below), as owned and operated by NeurocriticalCareSolutions, LLC (“NeurocriticalCareSolutions”). The last update to our Terms of Service was posted on January 5, 2015.
Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Service, along with our Privacy Policy {URL}, Medical Health Disclaimer, and other posted disclaimers and guidelines within our Website, collectively “Legal Terms”, constitute the entire and only agreement between you and NeurocriticalCareSolutions, and supersede all other agreements, representations, warranties and understandings with respect to our Website/Service and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website/Service. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.
"Personally Identifiable Information" is non-public information that is personally identifiable to you and your Patients that you provide to use our Service. Personally Identifiable Information may include information such as your name, email address, and other related information that you provide to us or that we obtain about you, as well as personal and medical information provided to us about Patients, whether provided by a Patient, Doctor, or family member of the Patient.
By using our Website/Service, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website/Service. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.
The terms “us” or “we” or “our” refers to NeurocriticalCareSolutions, the owner of the Website. A “Child” is someone under the age of 18 years old. A “Doctor” is the listed medical health professional who is currently treating a patient for the health issues/conditions for which our Service is being use. A “Patient” is an individual for whom a family member or Doctor has contacted us in order to receive diagnostic and treatment information about the health issues/conditions which that person has. A “Visitor” is someone who merely browses our Website. A “User” is a collective identifier that refers to either a Visitor or a Member. All text, information, graphics, audio, video, and data offered through our Website, whether free to all or part of our paid features of our Website, are collectively known as our “Content”. When we refer to our Website, our Content is included by reference, but we may refer to each individually as well.
NeurocriticalCareSolutions offers diagnostic and treatment advice for a Patient as based upon the medical information submitted to us by the Patient’s Doctor (collectively, our “Service”). Our Service can be ordered through our Website, either by the Patient, a family member to the Patient, or the Patient’s Doctor. We do not communicate directly with the Patient, only with the Patient’s Doctor. We will not accept any medical records from anyone other than the Patient’s Doctor. PLEASE NOTE - If the Patient is not currently under the medical care of a physician with whom we can speak, we cannot offer our assistance to such Patient.
NeurocriticalCareSolutions grants you a non-exclusive, non-transferable, revocable license to access and use our Website strictly in accordance with our Legal Terms. The use of our Service is solely for the benefit of the Patient involved.
NeurocriticalCareSolutions is strictly an independent contractor. Our Legal Terms in no way create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you, the Patient, or the Doctor involved with NeurocriticalCareSolutions or our affiliates.
Any professional advice offered to the Patient’s Doctor is based upon information provided about a Patient by the Doctor involved. You understand that the information we provide is based generally upon the Patient information provided as compared with other individuals with similar medical conditions. As we are not able to physically evaluate a Patient, you understand that such professional advice may not be applicable and is not intended as a complete diagnosis of the Patient. The Doctor involved should always evaluate the professional advice provided to see if it is applicable to the Patient. Use of this information is at the risk of the Patient, and you fully acknowledge that such information is not guaranteed by NeurocriticalCareSolutions, to be accurate, timely, or applicable to the Patient under any circumstances.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website/Service. NeurocriticalCareSolutions reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyrights. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind.
You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your website does not engage in illegal or immoral activities, and (c) you discontinue providing links to our Website immediately upon request by us.
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. NeurocriticalCareSolutions has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. NeurocriticalCareSolutions has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
NeurocriticalCareSolutions reserves the right to change any and all Content and features of our Website, at any time without notice. While our Website is currently free to use, we may begin charging for use of all or part of its features at any time, without notice to you. Our Website may be temporarily unavailable from time to time for maintenance or other reasons. NeurocriticalCareSolutions assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of Patient information as provided to us by the Doctor involved. NeurocriticalCareSolutions is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, failure of email on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to anyone’s computer, mobile phone, or other hardware, related to or resulting from using, uploading, or downloading/uploading materials in connection with our Website.
UNDER NO CIRCUMSTANCES WILL NEUROCRITICALCARESOLUTIONS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING ANY LOSS OR DAMAGE OR PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF OUR WEBSITE/SERVICE.
OUR WEBSITE/SERVICE IS PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). NEUROCRITICALCARESOLUTIONS, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE/SERVICE, OTHER THAN AS SPECIFIED IN OUR LEGAL TERMS. NEUROCRITICALCARESOLUTIONS CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE/SERVICE OR THE INFORMATION YOU OBTAIN FROM ITS USE. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU USE OUR WEBSITE/SERVICE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOU, THE PATIENT, YOUR MOBILE DEVICE OR COMPUTER SYSTEM, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF INCOME, BUSINESS, PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE AND MEDICAL MALPRACTICE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND NEUROCRITICALCARESOLUTIONS. OUR WEBSITE/SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN OUR LEGAL TERMS.
IN NO EVENT WILL NEUROCRITICALCARESOLUTIONS OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOSSES ARISING FROM YOUR USE OF OUR WEBSITE/SERVICE, EVEN IF NEUROCRITICALCARESOLUTIONS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEUROCRITICALCARESOLUTIONS’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO YOUR CEASING USE OF OUR WEBSITE/SERVICE.
You represent and warrant that when you make any payments to NeurocriticalCareSolutions for use of our Service:
NeurocriticalCareSolutions reserves the right to amend fees for our Services at any time in its sole discretion. Any pricing changes shall become effective once posted upon our Website.
NeurocriticalCareSolutions has a zero-tolerance policy regarding payment charge-backs and we ask that you contact us if you have an issue any payment for using our Service. However, if you start a charge-back process regarding our Service with your bank or credit card company, NeurocriticalCareSolutions reserves the right to take legal action against you for fraud for the cost of our Service along with any administrative costs and reasonable attorney fees we incur as the result of seeking payment for our Service from you.
NeurocriticalCareSolutions has a zero-tolerance policy regarding payment charge-backs and we ask that you contact us if you have an issue any payment for using our Service. However, if you start a charge-back process regarding our Service with your bank or credit card company, NeurocriticalCareSolutions reserves the right to take legal action against you for fraud for the cost of our Service along with any administrative costs and reasonable attorney fees we incur as the result of seeking payment for our Service from you.
All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, “Submission”) regarding our Website/Service are considered our property. To the extent that such Submission contains copyrighted, either owned by you or licensed to you, you grant NeurocriticalCareSolutions a perpetual, irrevocable, royalty-free, worldwide license to use such Submission as we see fit, in any form whether on our Website, through our Service, or elsewhere. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our Service or other operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
You agree to indemnify, defend and hold harmless NeurocriticalCareSolutions and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates, from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of our Legal Terms or your use of our Website/Service.
Any legal controversy or legal claim arising out of or relating to our Website/Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, your interference with our operations of our Website, or infringement of our intellectual property, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted before a single arbitrator selected at random by the Association, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. We may seek any interim or preliminary relief from a court of competent jurisdiction within the State of New York or elsewhere as necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs, though the prevailing party may seek return of its fees and costs, including reasonable attorney fees.
Our Legal Terms shall be treated as though it were executed and performed in the State of New York in the United States, and shall be governed by and construed in accordance with the laws of the State of New York in the United States without regard to conflict of law principles, regardless of whether you and/or the Patient are located outside the United States. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website/Service, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of NeurocriticalCareSolutions under our Legal Terms shall survive the termination of our Legal Terms.