- Introduction
1.1 This disclaimer shall govern your use of our website, https://ndoscopy.com.
1.2 By using our website, you accept this disclaimer in full; accordingly, if you disagree with this disclaimer or any part of this disclaimer, you must not use our website.
- Credit
2.1 This document was created using a template from SEQ Legal (https://seqlegal.com).
- Copyright notice
3.1 Copyright (c) [2018-2021} Everything Speech LLC DBA NDoscopy Dysphagia Specialists.
3.2 Subject to the express provisions of this disclaimer:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
- Permission to use website
4.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser; and
(c) print pages from our website[ for your own personal and non-commercial use][, providing that such printing is not systematic or excessive], subject to the other provisions of this disclaimer.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of this disclaimer, you must not download any material from our website or save any such material to your computer.
4.3 You may only use our website for your own personal and business purposes; you must not use our website for any other purposes.
4.4 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
4.5 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website [during server maintenance or when we update the website]. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
- Misuse of website
5.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) hack or otherwise tamper with our website;
(d) probe, scan or test the vulnerability of our website without our permission;
(e) circumvent any authentication or security systems or processes on or relating to our website;
(f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(g) [impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity)];
(h) [decrypt or decipher any communications sent by or to our website without our permission];
(i) [conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent];
(j) [access or otherwise interact with our website using any robot, spider or other automated means[, except for the purpose of [search engine indexing]]];
(k) [use our website except by means of our public interfaces];
(l) [violate the directives set out in the robots.txt file for our website];
(m) [use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing)]; or
(n) [do anything that interferes with the normal use of our website].
5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].
- Limited warranties
6.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date;
(c) that the website will operate without fault; or
(d) that the website or any service on the website will remain available.
6.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this disclaimer, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
6.3 To the maximum extent permitted by applicable law and subject to Section 7.1, we exclude all representations and warranties relating to the subject matter of this disclaimer, our website and the use of our website.
- Limitations and exclusions of liability
7.1 Nothing in this disclaimer will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
7.2 The limitations and exclusions of liability set out in this Section 7 and elsewhere in this disclaimer:
(a) are subject to Section 7.1; and
(b) govern all liabilities arising under this disclaimer or relating to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this disclaimer.
7.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
7.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
7.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
7.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
7.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
- Variation
8.1 We may revise this disclaimer from time to time.
8.2 The revised disclaimer shall apply to the use of our website from the time of publication of the revised disclaimer on the website.
- Severability
9.1 If a provision of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
9.2 If any unlawful and/or unenforceable provision of this disclaimer would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- Law and jurisdiction
10.1 This disclaimer shall be governed by and construed in accordance with law.
10.2 Any disputes relating to this disclaimer shall be subject to the exclusive jurisdiction of the courts of Rockland County, NY.
- Statutory and regulatory disclosures
10.3 You can contact us:
(a) by using our website contact form, ndosocopy.com/contact
(b) by telephone, on 646-389-4316]
(c) by email at [email protected]
Privacy
This website is owned by Everything Speech LLC DBA NDoscopy Dysphagia Specialists. Ndoscopy Dysphagia Specialists recognize the importance of protecting the personal information collected from users in the operation of its services and taking reasonable steps to maintain the security, integrity and privacy of any information in accordance with this Privacy Policy. By submitting your information to NDoscopy you consent to the practices described in this policy. If you are less than 18 years of age, then you must first seek the consent of your parent or guardian prior to submitting any personal information
HOW WE COLLECT INFORMATION
NDoscopy Dysphagia Specialists may collect personal information about you in the following ways: (1) directly from your verbal or written input (such as by consenting to receiving marketing emails); (2) automatically through NDoscopy’s website technologies including tracking online, such as by Web cookies (which are small text files created by websites that are stored on your computer), by smart devices, by combining data sets, by collecting data from a browser or device for use on a different computer or device, or by using algorithms to analyze a variety of data such as online behavioral data, or location data.
INFORMATION YOU PROVIDE
The types of personal information that NDoscopy collects directly from you or through your use of our websites and services may include:
- Contact details, such as your name, email address, postal address and telephone number;
- Internet Protocol (“IP”) addresses used to connect your computer to the Internet;
- Educational and professional interests;
- Tracking codes such as cookies;
- Usernames and passwords
- Comments, feedback, posts and other content you provide to NDoscopy Dysphagia Specialists
Like most websites, this website uses cookies to better the users experience while visiting the website. Where applicable this website uses a cookie control system allowing the user on their first visit to the website to allow or disallow the use of cookies on their computer / device. This complies with recent legislation requirements for websites to obtain explicit consent from users before leaving behind or reading files such as cookies on a user’s computer / device.
Cookies are small files saved to the user’s computers hard drive that track, save and store information about the user’s interactions and usage of the website. This allows the website, through its server to provide the users with a tailored experience within this website.
Users are advised that if they wish to deny the use and saving of cookies from this website on to their computers hard drive they should take necessary steps within their web browsers security settings to block all cookies from this website and its external serving vendors.
This website uses tracking software to monitor its visitors to better understand how they use it. This software is provided by Google Analytics which uses cookies to track visitor usage. The software will save a cookie to your computers hard drive in order to track and monitor your engagement and usage of the website, but will not store, save or collect personal information. You can read Google’s privacy policy here for further information [ http://www.google.com/privacy.html].
Other cookies may be stored to your computers hard drive by external vendors when this website uses referral programs, sponsored links or adverts. Such cookies are used for conversion and referral tracking and typically expire after 30 days, though some may take longer. No personal information is stored, saved or collected.
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
ANALYTICS
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
WHAT RIGHTS YOU HAVE OVER YOUR DATA
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
WHERE WE SEND YOUR DATA
Visitor comments may be checked through an automated spam detection service.
Additional information
External links
Our Service may contain links to third-party web sites or services that are not owned or controlled by NDoscopy Dysphagia Specialists. NDoscopy Dysphagia Specialists have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that NDoscopy Dysphagia Specialists shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Social Media Platforms
Communication, engagement and actions taken through external social media platforms that this website and its owners participate on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively.
Users are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to their own privacy and personal details. This website nor its owners will ever ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email.
Communication, engagement and actions taken through external social media platforms that this website and its owners participate on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively.
Users are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to their own privacy and personal details. This website nor its owners will ever ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email.
QUESTIONS OR CONCERNS
Any comments, complaints or questions concerning this policy or complaints or objections about our use of your personal information should be addressed by directing your comments to Nicole DePalma at [email protected]
