Northern Center for Plastic Surgery Terms of Service

Please take your time and read these Terms of Service (“Terms”) carefully. These Terms govern are between you (“you” or “your”) and Northern Center for Plastic Surgery, the office of Aaron Capuano, M.D. (“Northern Center for Plastic Surgery,” “Aaron Capuano”, “Dr. Capuano”, “NCPS”, “we” or “our”) and these Terms cover your use of this website, www.NCPSmd.com, www.northerncenterplasticsurgery.com (“Site”) and the services and information available on this website (“Service”). You accept these Terms by accessing or using the Site or the Service or clicking the “Submit” button when you register with Northern Center for Plastic Surgery and you agree to be bound by these Terms, Northern Center for Plastic Surgery, the office of Aaron Capuano, MD,  Privacy Policy and Community Guidelines and Photo Gallery Guidelines. If you do not agree to abide by or be bound by these Terms, then do not access the Site or use the Service.

A. Modifications.

The Northern Center for Plastic Surgery reserves the right to make changes to the Site, Service, Terms and other policies. If the Northern Center for Plastic Surgery makes material changes to these Terms or other policies, then the Northern Center for Plastic Surgery will either notify you by email or by posting a notice on the Site prior to the effective date of the change.  NCPS will also indicate at the top of this page the date these Terms were last updated. These Terms are effective upon acceptance by new users. For current users, these Terms are effective as of November 24. 2014 and supersede all previous versions of NCPS’s Terms. If any condition shall be deemed invalid, void or for any reason unenforceable, then that condition shall be deemed severable and shall not affect the validity of the remaining condition. Your continued use of the Service and the Site after any such changes are posted constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, you may not use or access the Service or the Site.

B. No Medical Advice.

The content, (which includes any text, graphics images or other material contained, accessed or entered on the Site (“Content”)), on this Site is for educational/informational purposes only, and is not a substitute for medical advice, diagnosis or treatment provided by a qualified health care professional. Any communication between you and health care professionals on the Site or through the Service is for general informational purposes only and does not create nor is it intended to create a physician-patient relationship as defined by federal and state law. Your reliance on any information or Content provided on the Site, whether or not it is provided by a health care professional, is solely at your own risk. You should always seek the advice of your physician or health care professional for any questions you may have about your own medical condition.

C. How and When You May Use the Site or Service.

You may use the Service only to access your patient portal for personal reviewing purposes only and to peruse the website for information and educational purposes only.  If you decide to post your results on any social media, we strictly forbid you to do so.  If you do, it is at your discretion and the Northern Center for Plastic Surgery is not responsible for the content set forth or the removal of said to any third party mechanism or social media site you released it to.  The Northern Center for Plastic Surgery is compliant with all HIPAA and commercially reasonable protection of your information it will not be shared or posted by us at any time unless intended and signed for by the person who is willing to do so.  

 For example, and without limiting the foregoing, you may not use the Service to post any reviews, questions, answers or other content: 

•That praise, recommend, describe positive experiences with, or otherwise promote a product, service or procedure that you or your employer sells, markets, distributes or performs;

•That praise, recommend, describe positive experiences with, or otherwise promote a health care professional or other person that is yourself or someone to whom you are related or with whom you work;

•That praise, recommend, describe positive experiences with, or otherwise promote a business you own or by whom you are employed;

•That are false or misleading, including reviews that are fabricated or exaggerate positive results; or

•That are repetitive or duplicative with respect to the product, service, procedure, business, health care professional, or other person about which they concern (e.g., it is not acceptable to post multiple similar reviews about your experience with a procedure in one or more areas of the website); or

•That are for, on behalf of, or at the request of another person, if such other person would violate any of the above by posting such content.

If you breach this Agreement and use the Service for advertising, promotion, or other commercial or non-personal uses (including any of the prohibited examples above), you acknowledge that you will have caused substantial harm to the Northern Center for Plastic Surgery, but that the amount of such harm would be very difficult to determine. As a reasonable estimation of such harm, you agree to pay the Northern Center for Plastic Surgery $500 for each such prohibited review, question, answer or other content you post or submit on or through the Service. 

 

 This will not be construed to prohibit you from posting content as an individual in a response to content posted by another user about your business; provided, that (a) you have provided true and accurate registration information to ThE Northern Center for Plastic Surgery about yourself, (b) you have clearly explained in your response that you are making a statement on behalf of the business (including your affiliation with the business), (c) your response is limited solely to providing factual information and explanations to refute any statements or allegations in the posted content about your business, and (d) your response does not otherwise attempt to promote your business or serve any commercial purposes, as determined in NCPS’s sole discretion. 

 

 Additionally, you may not: 

 

•Use the Service or register as an NCPS user if you are under 18.

•Use the Service in any way or for any purpose that is against any local, state, federal or any other applicable laws of the United States or any applicable laws of your jurisdiction.

•Use the Service to exploit, solicit or harm minors;

•Post or submit any content that is racist, sexist, inflammatory, defamatory, hateful, harassing, threatening, abusive, profane, obscene, vulgar or sexually explicit, false, misleading, fraudulent, invasive of another’s privacy or publicity rights, infringing of another’s intellectual property rights, contains any trade secrets or other confidential information, or otherwise offensive or objectionable;

•Promote, encourage or glorify violence, self-harm, suicide, anorexia, bulimia, or any other practice that is unhealthy or harmful;

•Post your name, email address(es) or telephone number(s), URL(s) or any other confidential or personally identifiable information for you or any other person;

•Provide or purport to provide medical advice, prescription, diagnosis, or treatment recommendations;

•Register for multiple accounts or use the account of another person;

•Impersonate or pretend to be any person other than yourself;

•Use the service to attempt to solicit business or direct website visitors to a non-NCPS site for commercial purposes;

•You agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Service;

•Post links to sites or files that contain or are viruses, spyware, malware, or other harmful content;

•Attempt to interfere with or disrupt the Service or any person’s ability to use the Service; or

•Use the Service for any purposes for which the Service is not intended.

We may tell you about certain specific harmful or additional prohibited uses in community guidelines, a code of conduct or other notice available through the Service. We have, however, no duty to do so. You agree to abide by any community guidelines, codes of conduct or other notices we provide. Without limiting the foregoing, you agree to abide by the Northern Center for Plastic Surgery Guidelines. Any use of the Service other than as specifically authorized herein, without the prior written permission of the Northern Center for Plastic Surgery, is strictly prohibited.

 

 In addition, the Northern Center for Plastic Surgery is not obligated to enforce these Terms against another user, health care professional or other third-party on your behalf. If you believe another user, health care professional or other third-party has violated these Terms, then please contact the Northern Center for Plastic Surgery by calling 201-820-5280 or e-mail admin@NCPS.com. The Northern Center for Plastic Surgery reserves the right to investigate the matter and take whatever action NCPS deems appropriate in its sole discretion.

 

 

4. Your Service Account; Email Consent.

In order to use some of the features on the Site, you are required to register and provide information about yourself to us and create a service account (“Service Account”). It is your responsibility to maintain the confidentiality of your account information, including your Service Account password. In addition, you are responsible for all activities that occur in connection with your Service Account. You must tell us right away about anyone using your Service Account without your consent, or any security breach that relates to the Service or your Service Account. You agree to provide the Northern Center for Plastic Surgery accurate, current and complete information about yourself as may be prompted in any registration forms on the Service and promptly update any such information to keep it accurate, current and complete. The Northern Center for Plastic Surgery reserves the right to refuse the Service to anyone, including terminating your Service Account and/or preventing you from accessing the Service or your Service Account, with or without cause, at any time and in its sole discretion.

 By using the Site or Service, you consent to receive emails from NCPS, which may include commercial emails provided such emails are in accordance with the preferences you select in the email and notifications page of the My Profile section of the Site. You may change such preferences by changing your account settings on the email and notifications page of the My Account section of the Site or via the unsubscribe link in all commercial emails. Please note that as long as you maintain an account, you may not "opt out" of receiving service or account-related emails from NCPS.

5. Materials You Post or Provide; Communications Monitoring.

You may be able to post or submit reviews, comments, questions, messages, photographs, videos (including videos created through a third-party tool) and other materials related to the Service on or through the Service in connection with the Service (collectively, “Submission” or “Submissions”). Your Submissions, including personally identifiable information, are made voluntarily and are subject to the Privacy Policy and you understand the Northern Center for Plastic Surgery will not be required to treat any of your Submissions as confidential. In addition, you understand and agree that your Submissions are non-confidential and are publicly available for anyone to view on the Site or through the Service.

 

 We do not claim ownership of such Submissions you post or submit. With the exception of any information you directly submit through a health care professional’s profile or inquiry form, by posting or otherwise providing your Submission, you are expressly granting NCPS a nonexclusive, irrevocable, world-wide, perpetual, royalty free license (including sublicense) to use, copy, distribute, publicly display, publicly perform, modify (including create derivative works) or transmit (including digital transmission of a sound recording) your Submission, in connection with the Service and the Northern Center for Plastic Surgery business, including without limitation promoting and redistributing part or all of the Service or NCPS’s business, in any media formats and through any media channels now known or hereafter developed. You also grant NCPS permission to publish your name in connection with your Submission and to use your name, likeness and voice in connection with your Submission. In addition, by uploading Submissions to the NCPS website, you hereby waive any rights of privacy or publicity. 

 The Northern Center for Plastic Surgery will not pay you for your Submission. NCPS may, in its sole discretion, refuse, or remove part or all of your Submissions from the Service at any time if NCPS considers the Submissions to be illegal, offensive, harassing, infringing, in appropriate or otherwise violates these Terms or NCPS’s Community Guidelines. For each Submission, you represent and warrant that you have all rights necessary for you to post or submit the Submission and to grant the licenses and permissions in this section. We do not monitor user Submissions or disclose information about your Submissions to third parties. However, we may monitor your Submissions on or through the Service and may disclose information about you, including the contents of such Submissions, if we deem it necessary to: (1) conform to legal requirements or respond to legal process; (2) ensure your compliance with these Terms or other NCPS guidelines or policies; or (3) protect the rights, property, or interests of the Northern Center for Plastic Surgery, its employees, its customers, or the public. 

 You may also request information directly from a specific health care professional by submitting an inquiry through their profile or inquiry form. You understand these requests, including personally identifiable information, are made voluntarily and are subject to the Privacy Policy. There is no guarantee that a health care professional will respond to any request submitted through their profile or inquiry form.

6. Reviews or Content Posted by Others.

The Northern Center for Plastic Surgery does not have any responsibility, including editorial control, of any content posted by other NCPS users, health care professionals or other third party content providers on the Site. The statements or content posted by NCPS users, health care professional or other third party content providers on the Site are those of the users, health care professional or other third party content providers and are not the opinion of the Northern Center for Plastic Surgery. The Northern Center for Plastic Surgery does not make any representations or warranties about the accuracy or reliability of the content, including the opinions, statements or information posted by the NCPS users, health care professional or other third party content providers on the Site. The NCPS users, health care professionals and other third party content providers are solely responsible for the content posted by them respectively. 

 The Northern Center for Plastic Surgery does not endorse or recommend any specific Content, procedures, products, opinions, health care professionals (including, but not limited to, doctors and dentists) or any other material or information available on the Site or through the Service. In addition, the health care professionals and specialists featured on the Site are not employees or independent contractors of the Northern Center for Plastic Surgery. 

 

 There may be medical related or health related materials posted by NCPS users, health care professionals or other third parties that may contain nudity. If you find these materials to be offensive, then you may want to use the Site or Service in such a way as to limit your viewing of this material.

 

 

7. Copyright Policy.

If you believe that your work has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify the Northern Center for Plastic Surgery, Inc. at copyrightagent@realself.com or Copyright Agent, the Northern Center for Plastic Surgery, LLC., 700 East Palisade Avenue 1st floor Englewood Cliffs NJ 07632. Provide all of the following in writing: (1) identify the copyrighted work you claim has been infringed or if multiple copyrighted works, then a representative list of such works on the website; (2) identify the material on the website that you claim is infringing and with enough detail so that we may locate the material; (3) provide a statement that you have a good faith belief that the use of the material on the website is not authorized by the copyright owner, its agent, or the law; (4) provide a statement declaring that the notification is accurate, and, under penalty of perjury, that you are the owner of the copyright interest involved or that you are authorized to act on behalf of the exclusive owner; (5) provide information reasonably sufficient to permit NCPS to contact you, such as an address, telephone number, and email address; and (6) your physical or electronic signature. 

 Upon receipt of notice as described above, the Northern Center for Plastic Surgery will take whatever action, in its sole discretion, it deems appropriate, including removal of the alleged infringing material from the website.

8. Photograph/Video Policy.

Health care professionals must have consent from individuals and follow all HIPAA requirements (as well as NCPS’s Terms, Privacy Policy, Community Guidelines and NCPS’s Photo Gallery Guidelines) before uploading, submitting or posting any photographs or videos (including the use of any third-party video tool provided by NCPS) of individuals on the Site. If a health care professional or other third-party has submitted, uploaded or posted a photograph or video of you on the Site and you want that photograph or video removed from the Site, please contact NCPS at admin@NCPSmd .com. Please provide the following information about the photograph or video in order for NCPS to be able to identify the photograph: (1) identify the photograph and provide NCPS with enough detail about the photograph so NCPS can locate it on the Site; (2) provide a statement that you have a good faith belief that the photograph is of you and was either not authorized to be uploaded, posted or submitted to NCPS or your health care professional had permission to upload, post or submit the photograph but you no longer want the photograph displayed on NCPS’s Site; (3) provide a statement declaring that the notification is accurate, and, under penalty of perjury, that you are the person in the photograph or that you are authorized to act on behalf of the person in the photograph; (4) provide information reasonably sufficient to permit NCPS to contact you, such as an address, telephone number, and email address and (5) your physical or electronic signature.

9. Performance and Usage Information.

We may automatically upload performance and usage data for evaluating the Service, the Site and the software associated with the Service and the Site. This data will not personally identify you.

10. Links to Other Websites.

The Service may contain links to other websites maintained by third parties (“Third Party Website”) or you may be able to log into the Service through a Third Party Website. Third Party Websites are not under the control of NCPS and NCPS does not endorse or assume any responsibility for the content, information or functionality of any Third Party Website. As a result, your access or use of any Third Party Website is at your own risk and NCPS’s Terms, Privacy Policy, Community Guidelines and any other policies do not apply or govern any Third Party Website. You expressly relieve the Northern Center for Plastic Surgery of any and all liability related to the functionality, content or information contained on any Third Party Website. In addition, your dealings with or participation in promotions of third parties founds on the Site or Service, including payment and delivery of goods or services any other terms (such as warranties) are solely between you and the third parties. You agree that the Northern Center for Plastic Surgery shall not be responsible for any loss or damage of any kind relating to your dealings with such third parties.

 

 

11. WE DISCLAIM ALL WARRANTIES.

We provide the Service “as-is,” “with all faults” and “as available.” The Northern Center for Plastic Surgery Parties disclaims all warranties, guarantees or conditions. Without limiting the foregoing, to the extent permitted by law, we exclude and disclaim all implied warranties, including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement. IN ADDITION, IN NO EVENT SHALL THE NORTHERN CENTER FOR PLASTIC SURGERY BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY A PARTY (INCLUDING, WITHOUT LIMITATION, BY ANY USER) IN RELIANCE ON ANY CONTENT OR OTHER INFORMATION ABOUT PROFESSIONALS OR PROCEDURES posted ON the site or available through the service.

12.THE NORTHERN CENTER FOR PLASTIC SURGERY’S INTELLECTUAL PROPERTY RIGHTS.

NCPS grants you a limited, personal, revocable, non-assignable and nonexclusive license to use the Site and Service. NCPS owns the text, photographs, videos, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software and all other elements and components of the Site and Service (“NCPS Content”), excluding your content. NCPS owns the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with the NCPS Content and the Service which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. You may not modify, reproduce, republish, frame, download, transmit, distribute, rent, lease, loan, sell, assign, license, sublicense, reverse engineer, publicly display or create derivative works based on the Service, any of NCPS’s Content in whole or in part, or NCPS’s website except as expressly authorized in writing by NCPS. In addition, NCPS does not grant any express or implied rights, and all rights in and to NCPS’s website, the Service and NCPS’s Content, are retained by NCPS.

 

 

13. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY.

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE NCPS PARTIES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES EVEN IF ANY OF THE REALSELF PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN THIS CONTRACT, THE AGGREGATE LIABILITY OF THE NCPS PARTIES TO YOU IN CONNECTION WITH THE SERVICE (INCLUDING ANY THIRD PARTY CONTENT ON THE SERVICE) AND THIS CONTRACT WILL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO NCPS FOR THE SERVICE. 

 Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

14. Changes to the Service; Updates; Cancellation of Service.

We may change the Service, the Site or delete features at any time and for any reason. We are not obligated to provide maintenance, technical support or updates to you for the Service or Site, but we may provide these in our discretion. We may cancel or suspend your Service at any time. Our cancellation or suspension may be without cause and/or without notice. You may cancel the Service at any time, with or without cause, upon notice to us as specified in the customer support or " contact us" area for the Service. Upon Service cancellation, your right to use the Service stops right away. Once the Service is cancelled or suspended, any data you have stored on the Service may not be retrieved later. In addition, if you stop the Service or terminate your Service account, NCPS may continue to show some or all of your Submissions.

15. Jurisdiction.

NCPS controls and operates the Site and the Service from the United States of America and NCPS makes no representation that the Content, Site or Service is appropriate, available or may be downloaded for use outside the United States of America. You are responsible for complying with all of your local laws. These Terms, the Site and the Service are governed by United States federal law and the laws of the State of New Jersey, excluding any conflicts of law provisions. Accessing, browsing or otherwise using the Service or the Site means you hereby consent to the exclusive jurisdiction of the state and federal courts in Bergen County, New Jersey and you waive all defenses of lack of personal jurisdiction and forum non conveniences with respect to venue and jurisdiction in the state and federal courts of Bergen County, New Jersey.

16. Indemnification.

You agree to indemnify and hold harmless the NCPS Parties from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any content you post or submit to or through the Service, your use of the Service, your conduct in connection with the Service or with other users of the Service, and any violation of this contract or of any law or the rights of any third party.

17. Claim Must Be Filed Within One Year; Arbitration.

Any dispute, claim or controversy arising out of or relating to these Terms, NCPS, the Site or the Service or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. Any claim shall be made by filing a demand for arbitration within one (1) year following the event first giving rise to the claim. The arbitration shall be held in Bergen County, New Jersey before one arbitrator. The arbitration shall be governed by the Federal Arbitration Act and the arbitration shall take place according to the rules of the American Arbitration Association. Judgment on the Award may be entered in any court having jurisdiction. Each of the party’s shall bear all of its own costs of arbitration except the fee for the arbitrator shall be equally split between the parties. The arbitrator shall not have the authority to modify these Terms or award punitive or exemplary damages to either party. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Seeking any such remedies shall not constitute a waiver of either party’s right to compel arbitration.

18. Your Notices to Us.

You may notify us by e-mail or postal mail. Your notices to us must be addressed as stated in the admin@ncpsmd.com or " feedback" area for the Service.

19. Our Notices to You; Consent Regarding Electronic Information.

This contract is in electronic form. There may be other information regarding the Service that the law requires us to send you. You agree that we may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your ability to use the Service. We may provide required information to you (1) via e-mail at the e-mail address you specified when you signed up for the Service (or subsequently provided when updating your account information), (2) by access to a NCPS web site that will be designated in an e-mail notice sent to you at the time the information is available, or (3) by access to a NCPS web site that will be generally designated in advance for this purpose. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Service, you will have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the Service.

20.Miscellaneous.

These Terms constitute the entire agreement between you and NCPS regarding the use of the Service or the Site, and supersedes any prior agreements between you and NCPS relating to your use of the Service or Site. The failure of NCPS to exercise or enforce any right or provision of these Terms or any prior version of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. 

 

Last updated: December 22, 2014