PLANTED DIRECT PRIMARY CARE WEBSITE TERMS AND CONDITIONS OF USE
1. Agreement in Regard to Your Use of This Site: This website www.planteddpc.com (the “Site”) and its related services (the “Services”) are provided by Planted Direct Primary Care PLLC (collectively, “Planted Direct Primary Care,” “our,” “us,” or “we”) and is subject to your agreement to comply with the terms and conditions of these Terms and Conditions of Use (“Terms of Use”). Please read it carefully. All information we collect on this Site is also subject to our Privacy Policy, which can be found at www.planteddpc.com. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. If you do not want to agree to these Terms of Use or our Privacy Policy, you must not access or use the Site. Your continued use of the Site is deemed to constitute your full agreement to all of these Terms of Use.
This Site is offered and available to users who are eighteen (18) years of age or older and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving the Services provided by the Site under the laws of the United States or other applicable jurisdictions. The Site is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where the publication or availability of the Site and its content, including its Services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Site. We in no way imply that the information, opinions, advice or other content on the Site is appropriate or that its services are available outside of the United States. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with applicable local laws.
You may use the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the "Content") solely for your non-commercial, personal purposes and/or to learn about Planted Direct Primary Care and its services, its office and its physicians and other healthcare professionals.
2. Accuracy and Integrity of Information: The information presented on or through the Site is made available solely for general information purposes. Although Planted Direct Primary Care attempts to ensure the integrity and accuracy of the Site, it is not under any obligation to update the Content and makes no guarantees whatsoever as to the usefulness, correctness or accuracy of the information on this Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
3. No Medical Advice: This Site does not provide medical advice, including diagnosis. Nothing you read or learn on this Site should be considered to constitute medical advice as the Site is provided for general information and educational purposes only. Information on this Site is not intended to create any physician-patient or provider-patient relationship. Discussion of any medical intervention on this Site does not imply endorsement or recommendation by Planted Direct Primary Care or any of its providers.
4. Electronic Communications: By visiting the Site or by sending e-mails to us, you are knowingly and voluntarily consenting to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you would like to opt out of receiving electronic communications from us (if applicable), you may do so by using the unsubscribe functions at the bottom of our communications or replying to our e-mails with the word “unsubscribe”.
5. Use License: Permission is granted to view and use the Site. As a condition of your use of the Site, you agree that you will not use the Site for any purpose that is unlawful or that is otherwise prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden or impair the Site. You agree that you are responsible for your own conduct while using the Site and for any consequences thereof. You agree to use the Site only for purposes that are legal, proper and in accordance with these Terms of Use. By way of example, and not as a limitation, you agree that when using the Site, you will not:
Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site;
Remove any copyright, trademark or other proprietary rights notices from the materials or contained in or on the Site or transfer the materials to another person or “mirror” the materials on any other computer or server;
Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; or
Transmit any viruses, worms, defects, Trojan horses or any items of a destructive nature.
You agree that Planted Direct Primary Care shall decide, in its sole discretion, if your conduct violates any aspect of these Terms of Use and that Planted Direct Primary Care may take whatever action it deems appropriate to address such violation including, without limitation, notification of appropriate authorities and removal of your access to the Site.
6. Confidential and Proprietary Information / Visitor Submissions: We welcome any comments you may have regarding the Site and its Services. Any such comments or content you submit to us, such as remarks, suggestions, ideas, graphics or other information, becomes and remains the exclusive property of Planted Direct Primary Care, even if these Terms of Use or any other agreement you have entered into with us is later terminated or amended. We will not pay you or anyone else for any information that you provide which is used by us. Additionally, you acknowledge that you have full responsibility for any such submission you make, including its legality, reliability, appropriateness, originality and non-infringement.
7. Intellectual Property Rights: The Site and its features, functionality and Content (including, but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Planted Direct Primary Care, its licensors or other providers of such material, and are protected by U.S. and/or foreign copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in the Site or any Content is transferred to you, whether as a result of downloading Content or otherwise. You may download and reprint Content for non-commercial, non-public, personal use only and not for further reproduction, publication or distribution. Your computer may temporarily store copies of such materials in related to your accessing and viewing of the Site and Content. You may store files that are automatically cached by your web browser for display enhancement purposes. Except as expressly authorized by this Terms of Use, you may not reproduce, modify, publicly display, publicly perform, republish, download, use, alter, copy, distribute, store, transmit or derive another work from any Content obtained from the Site or the Services, except as expressly permitted by these Terms of Use.
8. Trademarks: The trademarks, service marks, trade names and logos used on this Site are the property of Planted Direct Primary Care or its content suppliers and are protected by United States and international laws. Nothing in this Site grants to you any license or right to use any trademark, service mark, trade name or logo without prior written permission of Planted Direct Primary Care, except as permitted by applicable law.
9. Links and Hyperlinks: Planted Direct Primary Care may provide links to various other websites that may be of interest to you and for your convenience only. Planted Direct Primary Care has no control over the contents of those sites or resources and is not responsible for the contents, accuracy or reliability of any information contained within the websites. The inclusion of any link on our Site does not imply any endorsement by Planted Direct Primary Care of the websites. Use of any such linked website is at your own risk. Please read the terms of use policies of each website to which you may link from our Site. These Terms of Use apply only to this Site and the Services we offer. If you decide to access any of the third-party sites linked to this Site, you do so at your own risk. Planted Direct Primary Care reserves the right to remove any link or linking program from this Site, at any time, without notice to you.
Persons constructing other websites may link to any of the pages on our Site, provided they do so in a way that is fair and legal and does not damage our reputation or take advantage of our reputation, but they must not establish a link in such a way as to suggest any form of association, approval or endorsement by Planted Direct Primary Care. You may not link to isolated elements on this Site (including photographs, illustrations, diagrams, buttons, text or any other elements whatsoever) for the purpose of "inlining" them into the context of other web pages, or for linking such isolated elements to other web pages. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. Any other use will be a violation of copyright or other intellectual property right and could subject you to liability.
10. Termination: You may terminate these Terms of Use at any time by discontinuing your use of the Site at any time. You agree that Planted Direct Primary Care shall decide, at its sole discretion, if your conduct violates any aspect of these Terms of Use and that Planted Direct Primary Care may take whatever action it deems appropriate to address such violation including, without limitation, notification of appropriate authorities and removal of your access to the Site.
11. Warranty Disclaimer: THIS SITE, INCLUDING ANY CONTENT INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PLANTED DIRECT PRIMARY CARE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES AND HYPERLINKED WEBSITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE BY PLANTED DIRECT PRIMARY CARE OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
You assume the entire cost of all servicing, repair or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this Site. You hereby agree to hold harmless and indemnify Planted Direct Primary Care, and its members, officers, managers, agents, employees, licensors, suppliers, successors, and assigns, harmless from and against all liability, losses, damages, and expenses (including, without limitation, defense costs and associated reasonable attorney’s fees and associated costs) associated with any claim, action or demand brought against Planted Direct Primary Care arising out of (a) any breach of or violation of these Terms of Use; (b) any information you submit, share or upload on or to the Site; and/or (c) any claim that information or content that you provide violates any applicable law or otherwise infringes the rights of a third party. You shall cooperate fully in the defense of any claim. Planted Direct Primary Care reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
12. Limitation of Liability: PLANTED DIRECT PRIMARY CARE AND ITS MEMBERS OFFICERS, MANAGERS, AGENTS, EMPLOYEES, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS SHALL NOT BE RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
13. Enforcement / Choice of Law / Choice of Forum: If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, which will remain in full force and effect. Any and all disputes relating to these Terms of Use, the Privacy Policy, your use of the Site, the Service or the Content are governed by, and will be interpreted in accordance with, the laws of the State of New York, without regard to any conflict of laws provisions. All actions must be brought in a federal or state court of competent jurisdiction court located in Monroe County in the State of New York.
14. Entire Agreement; Right to Change These Terms of Use: These Terms of Use constitute the entire agreement between you and Planted Direct Primary Care pertaining to everything set forth in these Terms of Use. In its sole discretion, Planted Direct Primary Care may, from time to time, revise and update these Terms of Use by updating this posting. All changes are effective immediately when we post them. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.
15. Your Comments and Concerns: This Site is operated by Planted Direct Primary Care. All feedback, comments and other communications relating to the Site should be directed via email to info@planteddpc.com