Disclaimers, Privacy, Accessibility & Terms of Use
YOUR USE AND CONTINUED USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE AND AGREEMENT TO THIS WEBSITE'S FOLLOWING DISCLAIMER, PRIVACY POLICY, & TERMS OF USE.
Jump to Accessibility Information | Privacy & Cookies Policies
Please read the following Disclaimers, Policies, and Terms of Use (these “Terms”), including Privacy Policies, carefully before using this website (“site”) , located at the domain displayed in your browser's address bar, or participating in any online features, services and/or programs offered by us A. Joshua Zimm, M.D., P.C. (“we,” “our,” or “us”), including, but not limited to, our mobile responsive version of this site, web pages, articles, posts, or blogs (each, a component of this site and collectively or individually referenced as "site", "website", or “Web Properties”). These Terms are in effect for all of our Web Properties.
PLEASE READ THESE TERMS CAREFULLY, WHICH INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING THE WEBSITE/WEB PROPERTIES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH US A. Joshua Zimm, M.D., P.C. REGARDING YOUR USE OF THE WEBSITE & WEB PROPERTIES AND YOU AGREE TO BE BOUND BY THESE TERMS AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS, YOU SHOULD NOT ACCESS OR OTHERWISE USE THE WEBSITE OR OUR WEB PROPERTIES.
DISCLAIMERS, NO MEDICAL ADVICE, NO WARRANTY
1. NO MEDICAL ADVICE DISCLAIMER.
a. This Website and associated Web Properties is intended to provide our users with educational information only and IS ONLY PROVIDED AS A CONVENIENCE, is not to be considered as a valid resource for information or contact or communication with a A. Joshua Zimm, M.D., P.C. physician, our practice or its staff. This site and all of its information is NOT INTENDED TO OFFER MEDICAL ADVICE to any specific person. This site may provide you with information or facilitate your communication with a health care provider, but is not a substitute for the professional judgment of a health care provider. Call your health care provider or dial “911” immediately if you think you have a medical emergency. Always seek the advice of your physician or other qualified health care provider prior to starting any new treatment, or if you have any questions regarding symptoms or a medical condition.
b. You should not rely on the information provided on this Website or any Web Property without first obtaining separate medical advice from your qualified health care provider, and you should always seek the advice of your own qualified health care provider independent of the information on this Website or its associated Web Properties. This Website and Web Properties is not and should not be viewed as an offer to perform services.
c. Nothing in the content, products, or services offered through this website should be considered, or used as a substitute for medical advice, diagnosis or treatment. This site and its services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. None of the information, products or services offered through this website represent or warrant that any particular service or product is safe, appropriate or effective for you.
3. WEBSITE AND WEB PROPERTIES USE AND CONTENT
You may view this site and its contents using your web browser and electronically copy and print hard copies of parts of this site solely for personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, and display of the content of this site is strictly prohibited.
5. OBJECTIONABLE MATERIAL
You acknowledge that in using this Website and associated Web Properties and accessing the Content and/or User Content, you may encounter material that you deem to be disturbing, offensive or objectionable. You agree to use this Website/Web Properties at your sole risk and that we shall have no liability to you for material that may be disturbing, objectionable or offensive to you. You have the right to not use this Website or associated Web Properties as a remedy to any objections you may have.
7. NO WARRANTY WEBSITE OR WEB PROPERTIES
When using this Website and associated Web Properties, information will be transmitted in such a way that may be beyond our control. As such, we make no warranty concerning the delay, failure, interruption, or corruption of any data, the Content, the User Content, or other information transmitted in connection with the use of this Website and associated Web Properties. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND THE ASSOCIATED WEB PROPERTIES IS AT YOUR SOLE RISK. THE WEB PROPERTIES, THE CONTENT, AND THE USER CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND "ONLY AS A CONVENIENCE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE WEBSITE/WEB PROPERTIES, THE CONTENT, THE USER CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE/WEB PROPERTIES, INCLUDING, BUT NOT LIMITED TO, THE WEBSITE, ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB PAGES ON OR THROUGH THE WEBSITE AND WEB PROPERTIES, OR THE SERVERS USED IN CONNECTION WITH THE WEB PROPERTIES, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL DIGITAL OR OTHER RELATED COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB PROPERTIES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE WEB PROPERTIES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN RUNNING THE WEB PROPERTIES. A. Joshua Zimm, M.D., P.C., ITS AFFILIATES, CONTRACTORS, PARTNERS, AND SERVICE PROVIDERS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE, AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THIS WEBSITE. A. Joshua Zimm, M.D., P.C., ITS AFFILIATES, CONTRACTORS, PARTNERS, AND SERVICE PROVIDERS SHALL NOT BE HELD LIABLE UNDER THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH THIS WEBSITE FOR ANY DOLLAR AMOUNT.
You agree that your access to and use of this site is subject to these terms and all applicable laws at your own risk. You agree that this site is provided only as a convenience and not as a primary or accurate source of information. You agree that this site and its contents are provided to you on an "as is", “as available”, and “with all faults” basis. You agree that the site may contain errors and may not be complete, secure, accurate, or available. You agree that this site is not in any way providing medical information or advice and that you acknowledge that medical advice will only come from your personal physician or other qualified health care provider and not in any way from this Website or its associated Web Properties. You agree that if there is any information, images, videos or other media provided as samples or examples on this site or linked to from this site, that you acknowledge, understand, and agree that such examples are only examples and are in no way a guarantee of result or in any way related to another individual’s (your) result. You agree that example or sample media on this site is not indicative of results or expected results in any way. With that, A. Joshua Zimm, M.D., P.C. expressly disclaims any representation or warranty, expressed or implied, concerning the site, any services provided on the site, any media on the site, or the accuracy or completeness of the information on the site. You agree to use this Website as a convenience and, as such, at your own risk.
10. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless A. Joshua Zimm, M.D., P.C. and our partners, employees, service providers, clients, and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties; and/or (iv) any claim that your User Content caused damage to a third party.
12. THIRD PARTY CONTENT AND THIRD PARTY APPLICATIONS
We may provide hyperlinks to other websites maintained by third parties, or may provide third party content on the Web Properties by framing or other methods (collectively, “Third Party Content”). In addition, this Website and associated Web Properties may include certain applications, features, programs and services provided by third parties (collectively, the “Third Party Applications”). We do not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. The links to third party websites, any Third Party Content, and any Third Party Applications may be provided for your convenience and information only. The content on any linked website or in any Third Party Application is not under our control and, just as with this website and associated Web Properties, we are not responsible for the content of linked websites and/or Third Party Applications, including any further links contained in a third party website. We make no representation or warranty in connection with any Third Party Content or Third Party Applications, which at all times and in each instance is provided “as is.” If you decide to access any of the third party websites linked to this Website or its associated Web Properties, any Third Party Content, and/or any Third Party Application, you do so entirely at your own risk. The links do not indicate an endorsement by A. Joshua Zimm, M.D., P.C..
If a third party links or refers to this Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not even aware that a third party has linked or refers to this Website or its associated Web Properties.
2. ONVENIENCE AND INFORMATION ONLY DISCLAIMER
a. This Website and associated Web Properties is provided to you as a convenience, and for your information only. By merely providing access to the Website/Web Properties, we do not warrant or represent that: (i) any materials, documents, images, graphics, logos, design, audio, video, and any other information provided from or on the Web Properties (collectively, the “Content”) is accurate or complete; (ii) the Content is up-to-date or current; (iii) we have any obligation to update any Content; (iv) the Content is free from technical inaccuracies or programming or typographical errors; (v) the Content is free from changes caused by a third party; (vi) your access to the Website/Web Properties will be free from interruptions, errors, computer viruses or other harmful components; (vii) any information obtained in response to questions asked through this Website or associated Web Properties is accurate or complete; and/or (viii) the Content is non-infringing of any third party’s intellectual property rights.
b. The materials contained on this Website and any associated Web Property is designed as a convenience to enable you to learn more about our practice and the services that A. Joshua Zimm, M.D., P.C. offers. Your use of this Website and any Web Property does not create or constitute a relationship of any kind whatsoever other than YOU ARE ENTERING INTO A LEGAL CONTRACT WITH US, A. Joshua Zimm, M.D., P.C., REGARDING YOUR USE OF THE WEBSITE & WEB PROPERTIES AND YOU AGREE TO BE BOUND BY THESE TERMS AND ALL ADDITIONAL TERMS.
4. USER CONTENT
a. This Website and associated Web Properties may now or in the future permit the submission of or use of various forms of content submitted by you and other users, such as photos, testimonials, reviews, materials, statements, reviews, ratings, opinions, personal accounts, social media embedment or redisplay, documents, images, graphics, logos, designs, videos, text files, audio files, and comments (collectively, “User Content”) and the hosting, sharing, downloading, publishing and/or republishing of such User Content. WE DO NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY USER CONTENT. TO PROTECT YOUR PRIVACY AND THE PRIVACY OF OTHERS, YOU AGREE THAT YOU WILL NOT PROVIDE ANY USER CONTENT THAT CONTAINS PERSONALLY IDENTIFIABLE INFORMATION (SUCH AS NAME, PHONE NUMBER, EMAIL OR MAILING ADDRESS, SOCIAL SECURITY NUMBER, ETC.) BELONGING TO YOU OR ANYONE ELSE. You agree that, when necessary, we will ask for your authorization when submitting contact information and you have the right to not submit or use features that allow you to submit your information and that you will pursue other options available to communicate with us.
b. You shall be solely responsible for your User Content, and the consequences of posting or publishing it. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content. You acknowledge that A. Joshua Zimm, M.D., P.C. reserves the right to pre-screen User Content and we have the right (but not the obligation) in our sole discretion to refuse, move, and/or remove User Content that is available on or through the Website or associated Web Properties.
6. NOT INTENDED FOR CHILDREN
This Website and associated Web Properties are not intended for or designed to attract children under the age of eighteen (18). You affirm that you at least eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
8. INTENDED USE FOR LOCATION
This site and its access is only intended for individuals in the United States and primarily our practice service area. All other access is strictly prohibited. If you are a patient, prospective patient, or other individual interested in our practice and you are not within the US, please contact our office directly by phone or in person as this site is only provided as a convenience and not supported for use outside of the United States or outside of our reasonable service area.
9. TECHNOLOGY SOFTWARE AND VIRUSES DISCLAIMER
A. Joshua Zimm, M.D., P.C. cannot guarantee that any file or program available for download or execution from this site is free from viruses or other conditions which could damage or interfere with data, hardware, or software. You assume all risk for the use of all programs and files on this site. You release A. Joshua Zimm, M.D., P.C., its partners, and affiliates of all responsibility for any consequences of its use.
Without limiting the above, A. Joshua Zimm, M.D., P.C., its affiliates, agents, employees, affiliates, partners, contractors, and licensors assume no liability and you release A. Joshua Zimm, M.D., P.C., its affiliates, agents, employees, affiliates, partners, contractors, and licensors from any and all circumstances arising from any or all of the following:
any error, omission, interruption, deletion, defect, delay, communications failure, theft or destruction or unauthorized access to, or alteration of, user or practice agent/staff postings or communications; the accuracy, integrity, completeness, or quality of any information, outputs or materials or media available from or through the Site; problems with telephone lines, ISP connectivity, computer systems, software or software versions, hardware or hardware versions, mobile devices or mobile device versions, third party providers, or any technical problems or traffic congestion on the Internet or any website; injury or damage to users’, members’ or other persons’ computers or networks resulting from visiting this site, participating in any way, or accessing, submitting, or downloading materials in connection with this Website.
11. LIMITATION OF LIABILITY
IN NO EVENT WILL WE, OUR PARTNERS, EMPLOYEES, SERVICE PROVIDERS, OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR WEB PROPERTIES, CONTENT AND/OR USER CONTENT PROVIDED IN CONNECTION WITH THIS WEBSITE OR ASSOCIATED WEB PROPERTIES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THIS WEBSITE, THE WEB PROPERTIES, CONTENT AND/OR ANY USER CONTENT PROVIDED THROUGH THIS WEBSITE OR ASSOCIATED WEB PROPERTIES. ADDITIONALLY, WE SHALL NOT BE LIABLE FOR NEGATIVE REPERCUSSIONS TO ANY PARTY BASED ON THE USE OF OR INABILITY TO USE THIS WEBSITE OR ASSOCIATED WEB PROPERTIES, INCLUDING, BUT NOT LIMITED TO, LOST GOODWILL OR LOST PROFITS. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS.
13. STOCK PHOTOGRAPHY MODELS, VENDOR INFORMATION, AND PATIENT PHOTOS
The persons shown in photographs on this website are stock photography models (Models) and are not actual patients of, nor are they affiliated with A. Joshua Zimm, M.D., P.C., its Partners, or Contractors (collectively, the "Affiliates"). A. Joshua Zimm, M.D., P.C.’s Affiliates have obtained the rights to use the photographs via license agreements with certain third party stock photography companies, and A. Joshua Zimm, M.D., P.C.’s Affiliates use of the photographs is in compliance with the terms of those license agreements.
The photographs showing the Models are used on this website for illustrative purposes only. The Models do not personally endorse A. Joshua Zimm, M.D., P.C., or any products, services, causes, or endeavors associated with, or provided by, A. Joshua Zimm, M.D., P.C. or any of A. Joshua Zimm, M.D., P.C.’s Affiliates. The context in which the photographs are used on this website is not intended to reflect personally on any of the Models shown in the photographs. A. Joshua Zimm, M.D., P.C.’s Affiliates, their respective officers, directors, employees, agents and/or independent contractors assume no liability for any consequence relating directly or indirectly to the use of the photographs showing the Models on this website.
In some cases A. Joshua Zimm, M.D., P.C. has provided images or videos released for use by companies providing techniques or technology to the practice. Use of such media is added to our website as a convenience to you and provided "as-is" and without warranty by our vendors and may contain errors and/or omissions, may be out of date, and is not provided as the most current information on the topic. You agree and understand that the vendor, product, service, technique, technology, or related topic is not to be considered usable or accurate information and you agree that such information is only to be obtained by your own independent personal physician or qualified health care provider.
In some cases we may post before and after photos, photos, and/or video of actual patients. You agree that such images or other media is no guarantee of result and is not intended to convey a result for any specific person. Photos or video of patients is only for information purposes. With all before and after images shown on the site, no claims are made that results are guaranteed to be exactly the same. Results will vary by individual patient. Images of actual patients are shown for informational purposes only and are provided with patient consent for use.
PRIVACY & COOKIES POLICIES
A. Joshua Zimm, M.D., P.C. will not share any personal information with any other entity or person without your consent or authorization, unless required by law or in accordance with our HIPAA Notice of Privacy Practices when related to your medical information.
Please contact our office directly via phone or in person for any information related to our HIPAA Privacy Practices, Policies, and/or Notices. Contact information can be found on the contacts page of this Website.
Your privacy is important to us. It is A. Joshua Zimm, M.D., P.C.'s policy to respect your privacy regarding any information we may collect from you across our site and other sites we own and operate.
We only ask for personal information when we truly need it to provide a service to you. We collect it by fair and lawful means, with your knowledge and consent and in some cases explicit authorization. We also let you know why we’re collecting it and how it will be used.
We only retain collected personal information for as long as necessary to provide you with your requested service or other requests. What data we store, we and or our service providers will protect information within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use or modification.
We don’t share any personally identifying information publicly or with third-parties, except when required to by law or by way of your authorization.
By submitting comments, information or feedback to us through email and/or this Website or associated Web Properties, you agree that the information submitted will be subject to our Privacy Notice herein and, when applicable, our practice HIPAA Privacy Policy.
This site may use tracking cookies to assess the use and function of the site and its availability. A. Joshua Zimm, M.D., P.C. and its contractors and partners may use “cookies” to keep track of visit(s) and the overall use of our site. Data collected is not identifiable to an individual and has no purpose to target any individual specifically other than to assess non-identifiable site use statistics. USE OF THIS SITE IS YOUR ACCEPTANCE OF US USING TRACKING COOKIES OR OTHER MEANS OF COLLECTING SITE VISITOR STATISTICS AND ONLY FUNCTION IF YOUR SOFTWARE [BROWSER] ACCESSING THE SITE ALLOWS SUCH DATA COLLECTION. If you would prefer not to receive cookies, you may be able to alter your browser’s configuration to refuse cookies or choose not to use this site.
You are free to refuse our request for your personal information, with the understanding that we may be unable to provide you with some of your desired services.
Social Features. Certain functionality on the Web Properties is specifically designed to permit interactions that you initiate between the Website, Web Properties and third party websites or services, including third party social networks (“Social Features”). Examples of Social Features include enabling you to transmit content to the Web Properties from your account on a third party website or service, and to “like” or “share” our content on the Web Properties to other websites or services.
If you choose to use Social Features, information you post or provide access to may be publicly displayed on a third party website or a window to the third party website on this Website by the provider of the Social Feature that you use. Similarly, if you post information on a third party platform that references A. Joshua Zimm, M.D., P.C., your post may be published on the third party website or through a window on this Website of the third party website and in accordance with the terms of the third party website or service. In addition, both A. Joshua Zimm, M.D., P.C. and the third party may have access to certain information about you and your use of the third party site or service. In addition, we may receive information about you if other users of a third party website give us access to their profiles and you are one of their “connections,” or information about you is otherwise accessible through your “connections” web pages, profile pages, or similar pages on a social networking or other third party website or interactive service.
The information available to us in connection with Social Features may be subject to this Privacy Notice. The information collected and stored by the third parties remains subject to those third parties' privacy practices, including whether the third parties continue to share information with us, the types of information shared, and your choices with regard to what is visible to others on those third party websites or services.
Your Agreement and Acceptance. Your continued use of our website will be regarded as acceptance of our practices around privacy and personal information. If you have any questions about how we handle user data and personal information, feel free to contact us. If you do not accept our privacy policies and practices, you have the right to not use this Website and acknowledge and agree that you will interact with us in person, via telephone, and/or by traditional mail. Contact information can be found on our contact page of this website or by other traditional means.
ACCESSIBILITY
A. Joshua Zimm, M.D., P.C. is committed to making continued progress toward ensuring that our Website is accessible to individuals with disabilities and, to the best of our ability, making continued progress in order to maintain w3 standards.
A. Joshua Zimm, M.D., P.C. is committed to facilitating the accessibility and usability of the our Website for all people with disabilities. We perform tests on existing portions of our Website to identify usability issues and otherwise make continued progress to improve accessibility of our Website.
This Web Accessibility Policy (the “Policy”) indicates that we have undertaken, and continue to undertake, reasonable efforts to ensure that the applicable pages on all of the Website meets the standards set forth by the World Wide Web Consortium’s Web Content Accessibility Guidelines at at least the minimal accepted level of the WCAG. This Policy is linked to on the Website's web pages.
We are committed to improving any areas of the our Website that may not comply with acceptable levels of accessibility and welcome any feedback or recommendations to help us continue to progress forward as technology and standards evolve along side of our website and web properties. If a visitor to our Website determines that a web page does not meet the goals and standards set forth in this Policy, with notification, we will promptly undertake reasonable efforts to conform such web page, or provide a reasonable alternative.
Please direct any questions regarding this Policy or any concerns regarding the accessibility of a web page on this Website by calling or mailing us at our contact information listed on our contacts page of this website or any page footer containing our contact information.
COPYRIGHT
Copyright © A. Joshua Zimm, M.D., P.C. - All rights reserved.
MODIFICATIONS TO TERMS & POLICIES
We may revise our terms and disclaimers on this page at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. A. Joshua Zimm, M.D., P.C. does not and will not assume any obligation to notify you of changes to this Agreement.
All policies and terms herein are effective as of the publication date of this site, republication dates of this site, and as of any updates to this site and page.
YOUR CONSENT TO THIS AGREEMENT; UPDATES
By accessing and using this Website and associated Web Properties, you consent to and agree to be bound by these Terms. If we decide to change these Terms or some part of them, we will make an effort to post those changes on this web page and on our relevant Web Properties so that you will always be able to understand and agree to the terms and conditions governing your use of this Website and the associated Web Properties. Your use of this Website and associated Web Properties, including, but not limited to, social media, blogs, or forms, following the posting of any amendment of these Terms will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. If you have additional questions or comments of any kind, or if you see anything on this Website or associated Web Properties that you think is inappropriate or needs attention, please let us know by sending your comments or requests to our practice directly. You can find all our contact information on this Website's contact page and frequently at the bottom of all web pages.
V.01.Effective: 1/1/2019
