Manhattan Women\u2019s Health & Wellness is under no obligation to either compensate or provide any form of
\nreimbursement in any manner or nature.<\/li>\n<\/ol>\nINDEMNITY<\/h2>\n
All users herein agree to insure and hold Manhattan Women\u2019s Health & Wellness, our subsidiaries, affiliates, agents,
\nemployees, officers, partners and\/or licensors blameless or not liable for any claim or demand, which may
\ninclude, but is not limited to, reasonable attorney fees made by any third party which may arise from any
\ncontent a user of our site may submit, post, modify, transmit or otherwise make available through our
\nServices, the use of Manhattan Women\u2019s Health & Wellness Services or your connection with these Services, your
\nviolations of the Terms of Service and\/or your violation of any such rights of another person.<\/p>\n
COMMERCIAL REUSE OF SERVICES<\/h2>\n
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial
\nreason any part, use of, or access to Manhattan Women\u2019s Health & Wellness’s sites.<\/p>\n
MODIFICATIONS<\/h2>\n
Manhattan Women\u2019s Health & Wellness shall reserve the right at any time it may deem fit, to modify, alter and or
\ndiscontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior
\nnotice. In addition, we shall not be held liable to you or to any third party for any such alteration,
\nmodification, suspension and\/or discontinuance of our Services, or any part thereof.<\/p>\n
ADVERTISERS<\/h2>\n
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located\u00a0on or through our Services, which may include the payment and\/or delivery of such related goods and\/or\u00a0Services, and any such other term, condition, warranty and\/or representation associated with such dealings,\u00a0are and shall be solely between you and any such advertiser. Moreover, you herein agree that Manhattan Women\u2019s Health & Wellness shall not be held responsible or liable for any loss or damage of any nature or manner\u00a0incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our\u00a0website.<\/p>\n
LINKS<\/h2>\n
Either Manhattan Women\u2019s Health & Wellness or any third parties may provide links to other websites and\/or
\nresources. Thus, you acknowledge and agree that we are not responsible for the availability of any such
\nexternal sites or resources, and as such, we do not endorse nor are we responsible or liable for any content,
\nproducts, advertising or any other materials, on or available from such third party sites or resources.
\nFurthermore, you acknowledge and agree that Manhattan Women\u2019s Health & Wellness shall not be responsible or
\nliable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be
\ncaused by or in connection with the use of or the reliance on any such content, goods or Services made
\navailable on or through any such site or resource.<\/p>\n
PROPRIETARY RIGHTS<\/h2>\n
You do hereby acknowledge and agree that Manhattan Women\u2019s Health & Wellness’s Services and any essential
\nsoftware that may be used in connection with our Services (“Software”) shall contain proprietary and
\nconfidential material that is protected by applicable intellectual property rights and other laws. Furthermore,\u00a0you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by\u00a0applicable law or as authorized by Manhattan Women\u2019s Health & Wellness or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and\/or created any plagiaristic works which are based on Manhattan Women\u2019s Health & Wellness Services (e.g. Content or Software), in whole or part.<\/p>\n
Manhattan Women\u2019s Health & Wellness herein has granted you personal, non-transferable and non-exclusive rights
\nand\/or license to make use of the object code or our Software on a single computer, as long as you do not,
\nand shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse
\nengineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign,
\nsublicense, grant a security interest in and\/or otherwise transfer any such right in the Software.
\nFurthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our\u00a0Services through any means other than through the interface which is provided by Manhattan
\nGastroenterology for use in accessing our Services.<\/p>\n
WARRANTY DISCLAIMERS<\/h2>\n
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:<\/strong><\/p>\n\n- THE USE OF MANHATTAN GASTROENTEROLOGY SERVICES AND SOFTWARE ARE AT
\nTHE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON
\nAN “AS IS” AND\/OR “AS AVAILABLE” BASIS. MANHATTAN GASTROENTEROLOGY
\nAND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
\nAND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND
\nWHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY
\nIMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
\nPURPOSE AND NON-INFRINGEMENT.<\/li>\n - MANHATTAN GASTROENTEROLOGY AND OUR SUBSIDIARIES, OFFICERS,EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) MANHATTAN GASTROENTEROLOGY SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) MANHATTAN GASTROENTEROLOGY SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE MANHATTAN GASTROENTEROLOGY SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.<\/li>\n
- ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF MANHATTAN GASTROENTEROLOGY SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND\/OR INTERNET ACCESS, DOWNLOADING AND\/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.<\/li>\n
- NO ADVICE AND\/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM MANHATTAN GASTROENTEROLOGY OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.<\/li>\n
- A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.<\/li>\n<\/ol>\n
LIMITATION OF LIABILITY<\/h2>\n
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT MANHATTAN<\/strong>
\nGASTROENTEROLOGY AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,<\/strong>
\nAGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE,<\/strong>
\nINDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,<\/strong>
\nINCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF<\/strong>
\nANY PROFITS, GOODWILL, USE, DATA AND\/OR OTHER INTANGIBLE LOSSES, EVEN<\/strong>
\nTHOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY<\/strong>
\nOCCUR, AND RESULT FROM:<\/strong><\/p>\n\n- THE USE OR INABILITY TO USE OUR SERVICE;<\/li>\n
- THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;<\/li>\n
- UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND\/OR DATA;<\/li>\n
- STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;<\/li>\n
- AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.<\/li>\n<\/ol>\n
RELEASE<\/h2>\n
In the event you have a dispute, you agree to release Manhattan Women\u2019s Health & Wellness (and its officers,
\ndirectors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third
\nparties) from claims, demands and damages (actual and consequential) of every kind and nature, known and\u00a0unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.<\/p>\n
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS<\/h2>\n
Should you intend to create or to join any service, receive or request any such news, messages, alerts or
\nother information from our Services concerning companies, stock quotes, investments or securities, please\u00a0review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this\u00a0particular type of information, the phrase “Let the investor beware” is appropriate. Manhattan
\nGastroenterology’s content is provided primarily for informational purposes, and no content that shall be
\nprovided or included in our Services is intended for trading or investing purposes. Manhattan
\nGastroenterology and our licensors shall not be responsible or liable for the accuracy, usefulness or
\navailability of any information transmitted and\/or made available by way of our Services, and shall not be
\nresponsible or liable for any trading and\/or investment decisions based on any such information.<\/p>\n
EXCLUSION AND LIMITATIONS<\/h2>\n
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN
\nWARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR
\nCONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF
\nSECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO
\nYOU.<\/p>\n
THIRD PARTY BENEFICIARIES<\/h2>\n
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there\u00a0shall be no third-party beneficiaries to this agreement.<\/p>\n
NOTICE<\/h2>\n
Manhattan Women\u2019s Health & Wellness may furnish you with notices, including those with regards to any changes to
\nthe TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our
\nwebsite Services, or other reasonable means currently known or any which may be herein after developed.
\nAny such notices may not be received if you violate any aspects of the TOS by accessing our Services in an
\nunauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have\u00a0received any and all notices that would have been delivered had you accessed our Services in an authorized manner.<\/p>\n
TRADEMARK INFORMATION<\/h2>\n
You herein acknowledge, understand and agree that all of the Manhattan Women\u2019s Health & Wellness trademarks,
\ncopyright, trade name, service marks, and other Manhattan Women\u2019s Health & Wellness logos and any brand features,\u00a0and\/or product and service names are trademarks and as such, are and shall remain the property of\u00a0Manhattan Women\u2019s Health & Wellness. You herein agree not to display and\/or use in any manner the Manhattan
\nGastroenterology logo or marks without obtaining Manhattan Women\u2019s Health & Wellness’s prior written consent.<\/p>\n
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
\n& PROCEDURES<\/h2>\n
Manhattan Women\u2019s Health & Wellness will always respect the intellectual property of others, and we ask that all of
\nour users do the same. With regards to appropriate circumstances and at its sole discretion, Manhattan
\nGastroenterology may disable and\/or terminate the accounts of any user who violates our TOS and\/or
\ninfringes the rights of others. If you feel that your work has been duplicated in such a way that would
\nconstitute copyright infringement, or if you believe your intellectual property rights have been otherwise
\nviolated, you should provide to us the following information:<\/p>\n
\n- The electronic or the physical signature of the individual that is authorized on behalf of the owner of
\nthe copyright or other intellectual property interest;<\/li>\n - A description of the copyrighted work or other intellectual property that you believe has been
\ninfringed upon;<\/li>\n - A description of the location of the site which you allege has been infringing upon your work;<\/li>\n
- Your physical address, telephone number, and email address;<\/li>\n
- A statement, in which you state that the alleged and disputed use of your work is not authorized by
\nthe copyright owner, its agents or the law;<\/li>\n - And finally, a statement, made under penalty of perjury, that the aforementioned information in your
\nnotice is truthful and accurate, and that you are the copyright or intellectual property owner,
\nrepresentative or agent authorized to act on the copyright or intellectual property owner’s behalf.<\/li>\n<\/ol>\nThe Manhattan Women\u2019s Health & Wellness Agent for notice of claims of copyright or other intellectual property<\/strong>
\ninfringement can be contacted as follows:<\/strong><\/p>\nMailing Address:<\/p>\n
Manhattan Women\u2019s Health & Wellness<\/strong>
\nAttn: Copyright Agent<\/strong>
\n51 East 25th St, 4 Fl, Ste 403<\/strong>
\nNew York, New York 10010<\/strong>
\nTelephone: (212) 427-8761<\/strong>
\nEmail: info@obgynecologistnyc.com<\/strong><\/p>\nCLOSED CAPTIONING<\/h2>\n
BE IT KNOWN, that Manhattan Women\u2019s Health & Wellness complies with all applicable Federal Communications
\nCommission rules and regulations regarding the closed captioning of video content. For more information,\u00a0please visit our website at https:\/\/www.manhattanspecialtycare.com\/gynecology\/.<\/p>\n