Disclaimer
Legal Disclaimer
TERMS AND CONDITIONS OF USE
This website, located at www.nycpainspecialists.com OR www.karanjoharmd.com (“Site”), is owned and operated by KARAN JOHAR, MD ; KARAN JOHAR MD PLLC ; NYC PAIN SPECIALISTS.COM ; LENOX HILL PAIN MANAGEMENT AND SPINE PLLC ; 993 PARK AVENUE. (PRACTICE). Your access to the Site is subject to the following terms and conditions, and all applicable laws. By accessing, browsing, and using the Site, you accept these Terms and Conditions (“Terms”).
The Internet is an evolving medium; we may change these Terms from time to time. By continuing to use the Site after we post any such changes, you accept these Terms, as modified. We may change, restrict access to, suspend, or discontinue the Site, or any portion of the Site, at any time.
PRACTICE respects the privacy of our users. Please take a few minutes to review our PRIVACY POLICY.
Warning
Information on ingredients used in our skincare products appearing on the Site is not intended to be, nor should be interpreted as, advice or a recommendation concerning the use of any skincare product. If you have questions about your use of one of our skincare product, please review the labeling appearing on the product, contact the product manufacturer, and/or consult a physician. The information provided on our site is designed for informational purposes only and is not a substitute for compliance with the provisions of the Federal Food, Drug, and Cosmetic (FD&C) Act, the Fair Packaging and Labeling (FP&L) Act, and the regulations published under the authority of these laws.
By using the Site you acknowledge and agree that the information displayed on the Site, including any information provided by experts or medical professionals is intended solely for general educational purposes. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding any medical condition.
PRACTICE does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by the Site, PRACTICE, or by others appearing on the Site is solely at your own risk.
Copyright Ownership
The Site contains copyrighted material, trademarks, and other proprietary information, including comments, articles, information, catalogs, brochures, data, text, software, photos, video, and graphics (“Content”). This Content is subject to copyrights owned by PRACTICE and other individuals or entities and is protected by United States and international copyright laws. To make a complaint about a copyright infringement on the Site, please contact PRACTICE at (740) 400-6571. Content and features on the Site are subject to change or termination without notice in the editorial discretion of PRACTICE. All rights not expressly granted herein are reserved to PRACTICE.
Use of Content
You may use the Site and the Content offered on the Site only for internal purposes. PRACTICE authorizes you to view or download a single copy of the material on the Site solely for your personal, noncommercial use so long as you do not remove the copyright and other proprietary rights notices which were contained in the Content. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the Content of this Site or any portion of it. You may not use any data mining, similar data gathering and extraction tools on the Content, frame any portion of the Site or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.
Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate U.S. or international copyright, trademark, and/or other laws. If you violate this these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Trademark Rights
The names, trademarks, service marks, and logos shown on the Site are licensed by or belong exclusively to PRACTICE and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, services marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied on this Site confers on you any license or right under any patent or trademark of PRACTICE or any third party.
Disclaimer of Warranties
PRACTICE makes no warranties or representations of any kind as to any of the information posted or contained on the Site. By using the Site and the information herein, you do so at your own risk. THE SITE AND THE CONTENT ON THE SITE IS PROVIDED “AS IS.” PRACTICE MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE OR THE CONTENT OR COMMUNICATIONS ON THE SITE, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. TO THE EXTENT PERMITTED BY LAW, PRACTICE DISCLAIMS IMPLIED WARRANTIES THAT THE SITE AND ALL SOFTWARE, CONTENT AND SERVICES, INFORMATION DISTRIBUTED THROUGH THE SITE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PRACTICE OR A REPRESENTATIVE SHALL CREATE A WARRANTY.
When using the Site, information will be transmitted over a medium which is beyond the control and jurisdiction of PRACTICE, its partners, advertisers, and sponsors. Accordingly, PRACTICE assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site. WE DO NOT GUARANTEE THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT IT IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITE, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.
FURTHER, PRACTICE DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITE. UNDER NO CIRCUMSTANCES WILL PRACTICE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITE.
MASK Terms
Cloth masks available while supplies last (U.S. only). Masks are limited to one (1) per request. Masks are not able to be returned or exchanged except as required by law.
Please note that these masks are non-surgical masks and have not been certified by the NIOSH, the CDC, the FDA, nor any other certifying or regulatory authority. As such, the Practice makes no representations regarding the safety and efficacy of these masks in filtering particles out of the air, providing a barrier to prevent or limit the transmission of particles, secretions and/or fluids, or for any other purpose surgical masks are typically intended for use. The Practice assumes no responsibility or liability whatsoever for the use of these masks for purposes for which they have not been approved or certified, nor does it assume any responsibility or liability in connection with the improper use of the masks. UNDER NO CIRCUMSTANCES ARE THESE MASKS APPROPRIATE FOR USE BY COVID-19-INFECTED PATIENTS, NOR ANY HEALTH CARE PROVIDERS TREATING OR ATTENDING TO SUSPECTED OR CONFIRMED PATIENT CASES OF COVID-19. The Practice makes no guarantees or assurances that these masks will be safe or effective in preventing or eliminating the potential for the spread of COVID-19. By accepting this mask, you acknowledge and understand that it is your responsibility to conduct all appropriate evaluations and assessments to determine the suitability of these masks for the particular purpose or use, and the specific environment in which you intend to use these masks.
The Practice does not warrant that the masks will meet or any requirements and makes no guarantees or promises with respect to the masks, including the effectiveness of such masks. The Practice HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE MASKS, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
In no event shall PRACTICE, its partners, sponsors, advertisers, agents or licensors, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental, consequential or other indirect damages, personal injury/wrongful death, lost profits, or damages resulting from using our skincare line) resulting from the use or inability to use the Site, the Content or any communications of the Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not PRACTICE is advised of the possibility of such damages. PRACTICE is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content and Products. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH PRACTICE IS TO DISCONTINUE YOUR USE OF THE SITE AND PRODUCTS.
Links to Third-Party Services
The Site may contain links to other websites on the Internet. These linked websites operate under the auspices and at the direction of their respective owners. If you have a question or comment about any of these sites, please contact them directly on their site. PRACTICE takes no responsibility for, and accepts no liability for, any information found on any such websites that are outside its control. The inclusion of such links on the Site is not an endorsement by PRACTICE in favor of the website, or the products or services offered on such site.
Arbitration & Choice of Law
You expressly agree that exclusive jurisdiction for any dispute with PRACTICE, or in any way relating to your use of the Site will be decided by binding arbitration. Specifically, all disputes of any kind or nature arising out of these Terms or your use of the products and site, including any claim involving PRACTICE or its affiliates, subsidiaries, employees, doctors, contractors, officers, directors, telecommunication providers, and content providers shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in Texas, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.
These Terms are governed by the laws of Texas without respect to its conflict of laws principles. 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 the Terms and Conditions contained herein shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
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Changes to these Terms
PRACTICE reserves the right to modify these Terms as necessary. We will indicate the most current date of any change and encourage you to consult these Terms from time to time. Continued use of the Site indicates you accept such changes. PRACTICE reserves the right to discontinue or add website functionality to support the organizations’ goals.
Privacy Policy
Effective Date: March 1, 2014
Welcome to www.nycpainspecialists.com / www.karanjoharmd.com / www.newyorkphysiciansociety.org / www.thepainsociety.org (the "Site"), a website owned and provided by the KARAN JOHAR, MD ; KARAN JOHAR MD PLLC ; NYC PAIN SPECIALISTS.COM ; LENOX HILL PAIN MANAGEMENT AND SPINE PLLC ; 993 PARK AVENUE (PRACTICE). The information exchanged online will be governed by the Privacy Policy set forth below. However, this Privacy Policy does not cover websites or web pages that you access or link to from this Site. If you do not agree with this Privacy Policy, then do not use this Site.
Changes to the Privacy Policy
We reserve the right to change the terms of this Privacy Policy. Since any changes will be posted on this page, we encourage you to check this page regularly. Your continued use of the Site following any changes to this Privacy Policy will constitute your acceptance of such changes.
Information We Collect
We do not collect "personally identifiable information" from you via this Site. We may collect "non-personally identifiable information" such as your domain name, your website browsing patterns, the date and time you access the Site, demographic information, and the Internet address of the website that you linked to our Site. We collect and store non-personally identifiable information from you by "passive" means, through the use of cookies. Cookies are small files that your web browser places on your hard drive for record keeping purposes. Cookies permit the Site to identify you and to recall your email address (as well as any other information that you voluntarily provide) from the Site's database.
Here are some examples of the non-personally identifiable information that is collected via the Site and a description of how this information is used:
· Internet Protocol (IP) Address – Your IP address is a number that lets computers attached to the Internet know where to send you data, such as the web pages you view. We use this information to deliver our web pages to you upon request, to tailor our Site to the interests of our users, and to measure traffic within our Site.
· Cookie – A "cookie" is a small text file that may be used to collect information about your activity on the Site. For example, when someone visits a page within the Site, a cookie is placed on the user's machine (if the user accepts cookies) or is read if the user has visited the Site previously. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser; if you do so, however, you may not be able to take advantage of the personalized features enjoyed by other users to our Site.
· Web Beacons (also known as "clear gifs," "web bugs," or "pixel tags") – "Web Beacons" are tiny graphics with a unique identifier, similar in function to cookies, and are used to allow us to count users who have visited certain pages of the Site and help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, web beacons can tell the sender whether and when the email has been opened. In contrast to cookies, which are stored on a user's computer hard drive, web beacons are embedded invisibly on web pages.
· Demographic Information – "Demographic Information" may be your gender, age, zip code, and/or interests, which may be collected via a cookie or which you may provide to the Site in response to anonymous surveys. We use this information to provide you with personalized services and analyze trends to ensure the information provided by the Site meets your needs.
The above list provides an example of the non-personally identifiable information that is collected via the Site.
How We Use and Share Your Information
PRACTICE may use non-personally identifiable information to improve the content of our Site to address your preferences and attract new users, to track user trends and patterns on the Internet so we may inform users of information that may be of interest to them and, in some instances, to monitor third parties that have referred you to the Site.
PRACTICE also shares non-personally identifiable information with third party contractors that help us operate our business, provide us services, or administer activities on our behalf in connection with the Site. Demographic information may be shared in aggregate, non-identifying form with third parties interested in knowing what type of audience the Site is attracting. PRACTICE uses this information to help ensure the information it provides is relevant and of value to you.
Companies who contract directly with us are required to represent that they comply with our Privacy Policy with respect to information collected through links displayed on our Site.
In the event that the Personal Care Products Council merges with another organization, transfers or sells substantially all of its assets to a third party, or declares bankruptcy, some or all collected information stored on our server would be included in the merger, transfer, or sale. Also, if required to comply with applicable laws or protect the interest or safety of PRACTICE or other visitors to the Site, we may share personally identifiable information to a third party.
Third Party Websites
This Privacy Policy applies solely to information collected on the Site. The Site may contain links to other websites. We are not responsible for the privacy practices or content of these other websites; therefore, we ask that you carefully review the policies of any website that you visit through a link on the Site.
Security
To help prevent unauthorized access, help maintain data accuracy, and help ensure the correct use of any information, PRACTICE uses appropriate industry standard procedures designed to safeguard the confidentiality of any information. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we are committed to protecting your information, we cannot ensure or warrant the security of any information you may transmit to us.
Not For Children
The Site does not direct its activities to, or market products appropriate for, children under the age of 13. It is the policy of PRACTICE to refrain from knowingly collecting personally identifiable information from children under 13.
Links
The Site may contain links to other sites, including among others, those of advertisers, other third parties, and companies whose trademarks may appear on the Site. We are not responsible for the information collection practices or the content of the sites to which we link.
Governing Law
Your access to and use of this Site is governed by and will be construed in accordance with the law of the New York State, without regard to principles of conflicts of laws.
Effective Date: March 1, 2015