Clinicube NYC PLLC Terms & Conditions Of Use
All orders are non-refundable and appointments are not able to be rescheduled. If you are not present when the healthcare provider arrives for your appointment, you will be charged the full amount for the appointment.
Submissions, Removal and Disclosure
Clinicube NYC PLLC reserves the right, but disclaims any obligation or responsibility, to refuse to process any order or to post or remove any information provided by a user that violates these Terms and to identify any user to third parties, and/or disclose to third parties any such submission, account or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i)facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms and/or protect the safety or security of any person or property, including the Site. Moreover, Clinicube NYC PLLC retains all rights to remove submissions at any time for any reason or no reason whatsoever.
In addition, we do not want, accept and/or consider any suggestions, inventions, modifications, improvements, concepts, ideas or other information regarding the Site, the Materials or the services offered through the Site (Ideas). If you send us any such unsolicited Idea by any means, however, you hereby agree that Clinicube NYC PLLC has no obligation to protect or keep the idea confidential for you or any other person or entity, that the Idea and all intellectual property and other rights in and to the Idea shall be the sole and exclusive property of Clinicube NYC PLLC and that Clinicube NYC PLLC shall have the unlimited and unrestricted right to use, develop and otherwise exploit the Idea in all forms, formats, manners and forever throughout the world for any purpose whatsoever, commercial or otherwise, without notice, compensation and/or approval to or from you or any other person or entity.
All of the text, information, trademarks, trade dress, features, images, displays, content, functions, processes, software, the compilation of the Site and other materials that make up or are contained on the Site (Material) is the proprietary intellectual property of Clinicube NYC PLLC . Except for the revocable and limited access right discussed below, Clinicube NYC PLLC expressly reserves all intellectual property and other rights in and to the Materials, the Site and the services offered through the Site.
Site Changes and Operation
Clinicube NYC PLLC reserves the right to discontinue, change and/or modify the Site, the services offered through the Site and the Materials at any time, in any way, for any or no reason.
The site services offered through the site and the materials on or otherwise related in any way to the site are provided as is and without warranties of any kind. To the fullest extent permissible pursuant to applicable law, Clinicube NYC PLLC disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, completeness, availability, security, compatibility and non-infringement related to the site, the Clinicube NYC PLLC services offered through the site and the materials on or otherwise related in any way to the site.
Clinicube NYC PLLC does not warrant or make any representations regarding the use or the results of the use of the site, the services offered through the site or any materials does not warrant that the site, or that the services offered through the site or any materials will be error-free, that access thereto will be uninterrupted, that defects will be corrected, or that the site is free of viruses or other harmful components. Moreover, you assume the entire cost of all necessary servicing, repair or correction due to any such issue.
Furthermore, Clinicube NYC PLLC does not make any representation and is not responsible for any acts, omission, information or statements provided by any site user (including any medical professional or testing facility) and reliance on any interaction with or information from any such third party is strictly at your own risk. Without limiting the releases and other limitations of liability contained in these terms, if you have a dispute with any such third party you hereby release Clinicube NYC PLLC and/or our licensors or any of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns, from all claims, demands and/or damages of every kind or nature (known or unknown) arising from or related to such disputes.
You hereby agree to indemnify, defend, and hold Clinicube NYC PLLC and our licensors and each of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the Indemnified Parties) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Site, the services offered through the Site and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. Clinicube NYC PLLC reserves the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Limitation of Liability
Under no circumstances, including negligence, shall Clinicube NYC PLLC or our licensors or any of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns, be liable to you or any other person or entity for any direct, indirect, incidental, special or consequential damages including lost profits, personal injury (including death) and property damage of any nature whatsoever, that results from the use of, or the inability to use, the site, the services offered through the site or the materials, even if Clinicube NYC PLLC has been advised of the possibility of such damages. In no event shall Clinicube NYC PLLC's total liability to you for all damages, losses and causes of action whether in contract, tort (including negligence) or otherwise exceed the amount paid by you, if any, or $100 (whichever is less) for accessing or participating in any activity related to the site. Moreover, under no circumstances shall Clinicube NYC PLLC be held liable for any delay or failure in performance resulting directly or indirectly from an act of force majeure or causes beyond its reasonable control.
Disputes, Arbitration and Venue
This Site is not intended for viewing and use outside the United States and Clinicube NYC PLLC makes no representation that the Site, the services offered through the Site or Material on the Site is appropriate or available for use in any particular location within the United States. Your use of or access to the Site shall not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than California. If you choose to access and use the Site and related services you do so on your own initiative and you are responsible for compliance with all applicable laws including any applicable local laws.
Any controversy, claim or dispute arising out of or relating in any way to your use of this Site, any Site services, any purchases made through this Site, or your account, if any (collectively a Claim), shall be governed by the laws of the your home state of residence without respect to its choice (or conflict) of laws rules.
Both you and Clinicube NYC PLLC waive the right to bring any Claim as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such Claim brought by anyone else. In addition, you and Clinicube NYC PLLC agree that any Claim shall be resolved by final and binding arbitration at the American Arbitration Association and waives any right to have a Claim tried by a jury.
The arbitration of all Claims shall take place in New York, NY in accordance with the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures of the American Arbitration Association in effect at the time of the Claim. Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten days after the American Arbitration Association acknowledges receipt of a claimant's demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in telephone hearing. In no event shall the parties be required to travel to Los Angeles to participate in the arbitration. Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. The arbitrator shall determine any and all challenges to the arbitrability of a claim. A judgment on the award of any court of competent jurisdiction may be entered upon the award.
Collection and Use of Personal Information. We may collect Personal Information that you provide us when you:
Purchase, order, return, exchange or request certain information about our products and services;
Contact a customer service;
Visit or register for an account on the Website;
Enter into a any contest or sweepstakes or respond to one of our surveys; or provide us with comments or suggestions.
Answer one of our surveys.
The Personal Information required to be provided with respect to the above enables us to process the relevant transaction, task or service, to verify your identity as required.
Other Uses of Personal Information. We may also use Personal Information to continually assess and improve the products and services we offer. To serve you better, we may combine the Personal Information that you give us with publicly available information and information we receive from or cross-reference with our marketing partners and others. We use that combined information to enhance and personalize your shopping experience with us, to communicate with you about our products and events that may be of interest to you, and for other promotional purposes.
Promotional Information and Marketing Materials. We may also send you mail, email, send SMS messages or call you with information about our product and service offerings if you have provided us with your name and address, email address or phone numbers via the Websites, through customer service or via other means. If you would like to stop receiving such promotional information from us, please email email@example.com and include “Opt out” in the subject line.
Disclosure of Personal Information. We may enter into marketing relationships with advertisers or other companies that provide products or services that we believe may be of interest to our customers. We may share your Personal Information with those marketing partners in order to help them send you information that we believe will be of interest to you. We may share non-identifiable aggregated information with these companies. We will not disclose your telephone number, credit card account information or e-mail address for these purposes.
Access to Personal Information by Companies that Work with Us or On Our Behalf. Some of our operations, such as our electronic commerce, may be managed by are unaffiliated companies or service providers. We may share Personal Information with these companies or services providers on a confidential basis only to the extent necessary to perform their functions. In no event will we authorize these companies to use your Personal Information for any reason other than to provide you with those specific services. If your purchases are being shipped to you, your shipping information will be shared with our delivery service providers (U.S. Postal Service, UPS, or other delivery companies we or you select). Our delivery service providers are asked not to use your Personal Information for any purpose other than making the delivery.
Sale of Business. In the event that we or some of our assets are sold or transferred or used as security, your Personal Information may be transferred to third parties as part of that transaction.
Disclosures of Personal Information in Legal Proceedings. If we are requested by law enforcement officials or judicial authorities to provide Personal Information on individual users, we may, without your consent, provide such information. In matters involving claims of personal or public safety, we may provide your Personal Information to appropriate authorities without your consent or court process. We also will provide your Personal Information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or in litigation involving us or otherwise as required by law. We may also disclose Personal Information to assist in debt collection where you owe a debt to us.
Privacy Preferences / Opt-Out. You may opt out of our use of your Personal Information for marketing or promotional activities. For further instructions on opting out, please email firstname.lastname@example.org and include “Opt out” in the subject line.
Visiting the Website. In general, you can visit the Website without telling us who you are or providing us with any information. However, we may collect the IP (Internet protocol) addresses of all visitors to the Website and other related information such as page requests, browser type, operating system and average time spent on the Website.
We use this information to monitor and improve the Website. Cookies and Tracer Tags. The Website may use a technology called “cookies”. A cookie is a tiny element of data that a website can send to your browser, which may then be stored on your hard drive so the website can recognize you when you return. If used, cookies may help us monitor and improve our performance of the Website and our advertising on other websites, if any. Cookies may also help optimize your shopping experience in that they allow you to add multiple items to your shopping basket before checking out. You may set your web browser to notify you when you receive a cookie. However, should you decide not to accept cookies, you may limit the functionality of certain websites. The Website may also use a technology called “tracer tags”. These may also be referred to as “Clear GIFs” or “Web Beacons”. If used, this technology may allow us to understand which pages you visit on the Website. These tracer tags are used to help us optimize and tailor websites to future website visitors.
Security of Personal Information We maintain administrative, technical and physical safeguards to protect against unauthorized access, use, modification and disclosure of Personal Information in our custody and control. We also are committed to employing reasonable technology in order to protect the security of the Website. However, even with the best technology, no website is 100% secure. We will take reasonable measures which we believe are appropriate to protect your Personal Information from loss, misuse, alteration or destruction, and, where possible, will ask that any third parties to whom we may transfer such information to take comparable steps to protect that security.
Secure Shopping When you place orders on the Website, all of your order information, including your card number and delivery address, is transmitted through the Internet using Secure Sockets Layer (SSL) technology. SSL technology causes your browser to encrypt your order information before transmitting it to our secure server. SSL technology, an industry standard, is designed to prevent someone other than operators of the Website from capturing and viewing your Personal Information. Since any order information you provide to us on the Website will be transmitted using a secure connection, if your Web browser cannot support this level of security, you will not be able to order products through the Website.
If you have any questions about our handling of Personal Information, please contact us by email at: email@example.com.
Last Updated: August 4th, 2016