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Medical Offices of Manhattan

Terms of Service

Last Updated: July 15, 2025

NOTICE OF ARBITRATION PROVISIONS:

YOUR USE OF THE SERVICES IS SUBJECT TO BINDING BI-LATERAL ARBITRATION OF ANY DISPUTES WHICH MAY ARISE, INCLUDING THE MASS ARBITRATION SUPPLEMENTARY RULES (AS APPLICABLE), AS PROVIDED BELOW IN SECTION 19 AND IN THESE TERMS OF SERVICE. PLEASE READ THE ARBITRATION PROVISIONS CAREFULLY AND DO NOT USE THE SERVICES IF YOU ARE UNWILLING TO ARBITRATE ANY DISPUTES YOU MAY HAVE WITH US AS PROVIDED BELOW.

These terms of service (“Terms of Service”) apply to your access to, and use of, the services of Medical Offices of Manhattan, PLLC and its subsidiaries and affiliated companies/brands (collectively, “Medical Offices of Manhattan”, “Company”, “us”, “our”, “we” or the like), including without limitation the applications and websites available at www.medicalofficesofmanhattan.com (the “Website”) or that link to these Terms of Service (collectively, with the Website, the “Services”). These Terms of Service do not alter in any way the terms or conditions of any other agreement you may have with Medical Offices of Manhattan, or its affiliates and/or partners, for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Service on such entity’s behalf.

1. ACCEPTANCE OF TERMS OF SERVICE

These Terms of Service set forth the terms and conditions that apply to your use of the Services. By using the Services, you agree that you have read, understand, and fully accept to be legally bound by these Terms of Service.

If you do not agree to these Terms of Service, please do not use, and promptly exit the Services.

Medical Offices of Manhattan may, subject to the below, change these Terms of Service from time to time on a prospective basis, and modify, add, or discontinue any aspect, content or feature of the Services, at its sole discretion. Your continued use or access of the Services following the posting of any changes to these Terms of Service constitutes your acceptance of such changes. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Terms of Service would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms of Service being deemed illusory or unenforceable.

Any form of transfer or sublicense, or unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, or exploitation (commercial or otherwise), of any portion of the Services, including, but not limited to, all content, services, digital products, tools, or products, is hereby expressly prohibited.

2. PERMITTED USE; SECURITY

Our Services are for your personal and non-commercial use. The Services contain material that is derived in whole or in part from material supplied and owned by Medical Offices of Manhattan and other sources. Such material is protected by copyright, trademark, and other applicable laws. Unless otherwise agreed to in writing by Medical Offices of Manhattan, you agree that you will not use the Services, or duplicate, download, publish, modify, or otherwise distribute or use any material on the Services for any purpose, except for your personal, non-commercial use. You also agree that you will not link to any page on the Services other than the home page (for example, “deep linking”), without Medical Offices of Manhattan’s prior written consent. Use of the Services or any materials or content on the Services for any commercial or other unauthorized purpose is prohibited. You acknowledge that storing, distributing, or transmitting unlawful material could expose you to criminal and/or civil liability. You may not download (other than page caching) or modify the Services or any portion of them unless we have provided you with express written consent. You shall not make derivative use of the Services (or any part thereof) for any purpose, nor shall you download or copy information of users, or otherwise engage in data mining or similar data gathering.

We have implemented reasonable and appropriate security measures designed to protect the information provided through and/or maintained on the Services. When using the Service, information will be transmitted over an internet medium that is beyond the control of Medical Offices of Manhattan. You are responsible for using appropriate technical safeguards to secure your devices used to access the Services, such as up-to-date software and virus protection. You are responsible for your devices, including computers, laptops, and mobile devices used to access the Services.

It is a condition of your use of the Services that you do not:

  • Interfere with any other user from using and enjoying the Services;
  • Collect information about other users or third parties via the Services or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, or any other form of unauthorized solicitation;
  • Engage in the systematic retrieval of data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory, without Medical Offices of Manhattan’s prior written consent;
  • Solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in illegal schemes or plan or participate in scams involving other users;
  • Attempt to gain unauthorized access to other computer systems or networks connected to the Services; or
  • Take actions for the purpose of manipulating or distorting, or that may undermine the integrity and accuracy of, any ratings or reviews of any service or product that may be presented by the Services.
  • Provide fictitious information or conceal your identity or location, including, but not limited to, in an attempt to circumvent limits associated with promotional or other offers.
  • Use the Services for unlawful purposes.
  • Use the Services to commit an act of deception, fraud or abuse or violation of Medical Offices of Manhattan’s or any other company’s terms.

Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working order or manner of the Services or any activity being conducted on the Services. You agree to defend, indemnify, and hold us harmless from and against all third-party claims, damages, and expenses (including without limitation reasonable attorneys’ fees) against or incurred by arising out of your breach of these Terms of Service or violation of applicable law, your use or access of the Services, or access by anyone accessing the Service using your Account.

3. THE SERVICES DO NOT PROVIDE MEDICAL ADVICE 

The information and content in the Services, including but not limited to text, graphics, images, videos, and other material contained in the Services is for informational purposes only and is not intended as a substitute for professional medical advice, help, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you have regarding your medical care, and never disregard professional medical advice or delay seeking it because of something you have read on or via the Services. Nothing contained in the Services is intended to constitute a medical diagnosis or treatment or is intended as a recommendation or endorsement of any specific test, product, procedure, opinion, or other information that may be mentioned in the Services. Reliance on any information appearing in the Services, including but not limited to information provided by Medical Offices of Manhattan personnel or by other users of the Services, is solely at your own risk. 

Medical Offices of Manhattan does not warrant the accuracy, completeness, timeliness or usefulness of the opinions, advice, content, services, or other information provided through the Services.

4. REGISTRATION, ACCOUNTS AND PASSWORDS

We may offer you the ability to create and you may be able to register an account to be used in connection with the Services. In the event you create an account (“Account”), you agree to provide true and accurate data about yourself on our account registration form, and to update and keep such data current. If you create, or are provided, a password, username, or any other piece of information during registration, you are solely responsible for maintaining the confidentiality of your password and account, and you are solely responsible for all use of your password and/or Account, whether authorized by you or not. You shall not allow other persons access to or use of such username or password. You shall not post your username or password on any website nor transmit it through unsecured sites. You agree to (a) immediately notify Medical Offices of Manhattan of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your Account each time you use the Services. Access and use of password-protected and/or secure areas of the Services are restricted to users who have been given a valid password by Medical Offices of Manhattan. We may terminate your membership and access to the Services if we learn that you have provided us with false or misleading registration data. If we feel your username and password are insecure or otherwise problematic, we may require you to change them or terminate your account. 

5. PRIVACY POLICY

Your use of the Services and any information provided by you or gathered by Medical Offices of Manhattan or third parties during any visit to or use of the Services is governed by the Privacy Policy which is incorporated by this reference. By using the Services, you acknowledge and agree to Medical Offices of Manhattan’s collection, use and sharing of your information as set forth in the Privacy Policy.

If you do not agree to our Privacy Policy or these Terms of Service, please do not use and promptly exit the Services.

6. USER CONDUCT AND SUBMISSIONS

You are responsible for your use of the Services, and for any consequences thereof, including any information or materials you choose to make available, public, or private communications transmitted through the Services (including posts), usernames and passwords that you provide to the Services.

You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Services or any portion thereof without authorization, in violation of these Terms of Service, or in violation of applicable law. 

You agree not to, and will not assist, encourage, or enable others to, use the Services to: (i) violate these Terms of Service or any of our or our licensors’ rights or use the Services and/or Content (as defined below) to violate the rights of any third party, such as copyright or trademark right, or in any way that harms our business, our service providers, licensors, representatives, or any other user, or breaches any policy or notice on the Services; (ii) copy, modify, adapt, translate, reproduce, distribute, display, or provider access to any portion of the Services and/or Content; (iii) create derivative works from, adaptations of, decompile, disassemble, reverse engineer or in any way exploit, in whole or in part, except as expressly authorized by the applicable rights holder, any portion of the Services and/or Content; (iv) modify, reproduce, distribute, create derivative works or adaptations of, publicly display, perform or in any way exploit any of the information in whole or in part, except as expressly authorized by the applicable rights holder; (v) remove any copyright, trademark, or other proprietary rights notices contained in or on the Services or in or on any Content; (vi) harvest or collect email addresses or other contact information of other users by electronic or other means, or contact other users through unsolicited e-mail, telephone calls, mailings, or any other method of communication; (vii) use the Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Services; (viii) upload to or distribute through the Services any binary code, macros or other executable code, or any file that contains any viruses, Trojan horses or other components designed to commandeer, limit or harm the functionality of a computer; (ix) attempt to gain unauthorized access to any parts of the Services or any user accounts, or any of the Services’ computer systems or networks; (x) use automated queries or scripts (including, without limitation, by screen or database scraping, spiders, robots, crawlers or any other automated activity with the purpose of obtaining information from the Services and/or the Content) without Medical Offices of Manhattan’s prior express written permission; (xi) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity (including Medical Offices of Manhattan); (xii) solicit passwords or personally identifying information for commercial or unlawful purposes from anyone; (xiii) intimidate or harass another; (xiv) assist, encourage or enable others to do any of the preceding prohibited activities; or (xv) violate any applicable law.

Certain portions of the Services may allow users to submit, upload, post, upload, share or otherwise transmit photos, audio, video and other media, files, data, commentaries, suggestions, comments, feedback, reviews, audio, video or other content (“Content”) in posts, public or private messages to us and/or the public, or other similar transmission.

If you submit, upload, post, share or otherwise transmit any Content, you agree not to use the Service to upload, post, share or otherwise transmit any Content that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, contains explicit sexual content (including nudity) or harmful, or that could encourage criminal or unethical behavior; (b) violates, infringes, threatens, abuses, harasses or evades the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property or proprietary right of any person or entity; (c) contains a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any data or other information of any third party; (d) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; (e) does or may denigrate or offend any individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (f) impersonates any person or entity, including any employee or representative of Medical Offices of Manhattan; (g) imply that your Content is in any way sponsored or endorsed by Medical Offices of Manhattan, except without our prior written consent; or (h) violates any applicable law or these Terms of Service. 

You expressly acknowledge that no Content you submit, upload, post, share or otherwise transmit shall be treated as confidential, that you alone are responsible for your Content (including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure of information that makes you personally identifiable), and once published, your Content cannot always be withdrawn. Furthermore, you represent and warrant that you have the legal right and authorization to provide your Content for use as set forth herein and required by us.

All your Content must comply with these Terms of Service, and we reserve the right (but do not assume the obligation) in our sole discretion to reject, move, edit, or remove any Content that is submitted, uploaded, posted, shared or otherwise transmitted to the Services. You acknowledge that we do not verify, adopt, ratify, or sanction your Content, and you agree that you must evaluate and bear all risks associated with our use of your Content or our reliance on the accuracy, completeness, or usefulness of your Content.

7. GRANT OF LIMITED LICENSE

Medical Offices of Manhattan may use your Content in a number of different ways, in a form that does not personally identify you, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant Medical Offices of Manhattan and its affiliates and licensees world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use, including, but not limited to the right to copy, publicly perform, and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of, your Content for any purpose. You also irrevocably grant the users of the Services and any Other Media the right to access your Content in connection with their use of the Services and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Medical Offices of Manhattan and its personnel and users any claims and assertions of moral rights or attribution with respect to your Content. You acknowledge that we are under no obligation to pay you or anyone else for any use or disclosure of your Content. 

8. COPYRIGHTS

Medical Offices of Manhattan respects the intellectual property of others, and we ask our users to do the same. The Digital Millennium Copyright Act of 1998 (the “Act”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Medical Offices of Manhattan, pursuant to the Act, reserves the right, but not the obligation, to terminate your license to use the Services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Therefore, in compliance with the Act, if you believe that any such third-party materials infringe your intellectual property rights, please send a notice to the agent identified below to request a review of the alleged infringement. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Medical Offices of Manhattan to locate the material on the Services; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Medical Offices of Manhattan a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Services should be sent to:

MEDICAL OFFICES OF MANHATTAN, PLLC.

Attn: Nikko Herrera

211 East 51st Street

New York, NY 10022

Phone: (212) 906-7798

Email: nikkoh@manhattancardiology.com

9. PROPRIETARY RIGHTS

Medical Offices of Manhattan owns all right, title and interest in and to the Services and all materials and content contained in the Services, including, without limitation, all content, site design, logos, button icons, images, digital downloads, data compilations, text, and graphics, all of which are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of such materials or content is strictly prohibited.

Permission is granted to individual consumers to electronically copy and to print hard copy portions of the Services solely for personal use. Any other use of materials on the Services, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written consent of an authorized officer of Medical Offices of Manhattan, is strictly prohibited.

Medical Offices of Manhattan’s service marks/trademarks may not be used in connection with any product or service that is not provided or authorized by Medical Offices of Manhattan, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Medical Offices of Manhattan.

10. CHILDREN’S ONLINE PRIVACY PROTECTION ACT NOTIFICATION

The Services are offered and available to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. If you are under 18 years of age, you should use Medical Offices of Manhattan only with the involvement and permission of a parent or legal guardian and only if permitted in your jurisdiction. Children under the age of 13 years of age must not use and must promptly exit the Services. By using the Services, you represent and warrant that you are of legal age to form a binding contract with us and meet all the foregoing eligibility requirements. If we learn we have collected or received personal information from a child under the legal age without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under the age of 13, please contact us at privacy@momnyc.com. 

If you do not meet all these requirements, you must not use and promptly exit the Services. 

Pursuant to 47 U.S.C. Section 230(d) as amended, Medical Offices of Manhattan hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from the Electronic Frontier Foundation website located at http://www.eff.org. To view information on our policy regarding the privacy of children under the age of 13, please see our Privacy Policy.

11. DISCLAIMER OF WARRANTIES

While Medical Offices of Manhattan uses reasonable efforts to include up-to-date information on the Services, Medical Offices of Manhattan makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise.

MEDICAL OFFICES OF MANHATTAN PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. MEDICAL OFFICES OF MANHATTAN, ITS AFFILIATES, OWNERS, EMPLOYEES, AGENTS, AND LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT THE SERVICES OR OTHER SERVICE WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SERVICES IS SOLELY AT YOUR RISK.

12. EXCLUSION OF DAMAGES

NONE OF THE COMPANY PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR OTHER SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY USER CONTENT OR RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICES OR OTHER SERVICE. WITHOUT LIMITING THE FOREGOING, COMPANY PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH REQUIREMENTS (INCLUDING, WITHOUT LIMITATION, REGARDING REGISTRATION, ACCOUNTS AND PASSWORDS) OF THESE TERMS OR (2) CONTENT POSTED TO THE SERVICES OR OTHER SERVICES BY YOU OR ANY THIRD PARTY.

13. LIMITATION OF LIABILITY

IN NO EVENT WILL THE COMPANY PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SITE AND SERVICE OR THESE TERMS EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO MEDICAL OFFICES OF MANHATTAN IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY. 

14. APPLICABILITY OF DISCLAIMERS, EXCLUSIONS AND LIMITS

BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, MEDICAL OFFICES OF MANHATTAN’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

15. THIRD PARTY WEBSITES AND FUNCTIONALITIES

THE THIRD-PARTY WEBSITES OR SERVICES LINKED TO OR FROM THE SERVICES ARE NOT CONTROLLED BY COMPANY. ADDITIONALLY, THIRD PARTIES MAY PROVIDE TOOLS OR SERVICES (“THIRD PARTY TOOLS”) THAT ARE MADE AVAILABLE TO YOU THROUGH OUR SERVICES (FOR EXAMPLE, BUT NOT LIMITED TO, FACEBOOK FEATURES). ACCORDINGLY, COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY SERVICES OR WEBSITES OR THIRD-PARTY TOOLS AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD SERVICES OR WEBSITES OR THIRD-PARTY TOOLS. YOUR USE OF THIRD-PARTY SERVICES OR WEBSITES OR THIRD-PARTY TOOLS IS AT YOUR OWN RISK. THE INCLUSION ON THE SERVICE OF A LINK TO A THIRD-PARTY SERVICE OR WEBSITE, OR INCLUSION OF A THIRD-PARTY TOOL, DOES NOT IMPLY AN ENDORSEMENT BY COMPANY. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SERVICES OR SITES, OR THIRD-PARTY TOOLS, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE THIRD-PARTY WEBSITES OR SERVICES OR THIRD-PARTY TOOLS.

16. INDEMNIFICATION

You agree to indemnify and hold harmless the COMPANY PARTIES, and at COMPANY’s option, defend the COMPANY PARTIES, from and against any damage, loss, cost or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand, proceeding or action (“Claim”) brought against any of the COMPANY PARTIES arising out of your use of the Services or any alleged breach by you of any provision of these Terms of Service, or the infringement by you, or any other subscriber or user of your Account, of any intellectual property or other right of any person or entity. If you are obligated to indemnify any of the COMPANY PARTIES, COMPANY may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise, or in any other manner dispose of any Claim without the written consent of COMPANY.

17. TERMINATION

In its sole and absolute discretion, with or without notice to you, COMPANY may suspend or terminate your use of and access to the Services, terminate your Account and/or remove and discard anything transmitted by you, or information stored, sent, or received via the Services without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Services with identical user identification; (ii) permitting another person or entity to use your user identification to access the Services; (iii) any unauthorized access or use of the Services, (iv) any violation of these Terms of Service; (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Services; (vi) failure to use the Services on a regular basis; or (vii) abuse, deception or fraudulent behavior. Such suspension or termination may include, but not be limited to, suspension or termination of access or rights to receive any content. You may terminate your account for any reason by emailing COMPANY at unsubscribe@momnyc.com. COMPANY shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Services. Termination, suspension, or cancellation of the Services or your access rights shall not affect any right or relief to which COMPANY may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to COMPANY. 

18. GENERAL

These Terms of Service and the relationship between you and COMPANY shall be governed by the laws of the United States and the State of New York without regard to its conflict of law provisions. Subject to the arbitration provisions herein, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms of Service will be brought exclusively in the federal or state courts located in New York County, New York and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non-conveniens or otherwise. Licensors of the COMPANY Services are third party beneficiaries to these Terms of Service. No failure or delay by COMPANY in exercising any right, power or privilege under these Terms of Service will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Service. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms of Service will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect. You agree that regardless of any statute or law which establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the Services, or these Terms of Service, our Privacy Policy or other COMPANY Transactions or Relationships (as defined below) must be filed within one (1) year after such claim or cause of action arose or be forever barred. The paragraph or section titles in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service represent the entire understanding of the parties regarding its subject matter and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered, or waived except in writing by the party to be charged. These Terms of Service are binding upon and shall ensure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without COMPANY’s prior written consent. COMPANY may freely assign any and all rights hereunder.

19. ARBITRATION

BINDING ARBITRATION OF ALL DISPUTES

We believe that arbitration is a faster, more convenient, and potentially less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Service, if you have any dispute or disagreement with us regarding or relating to (i) your use of or interaction with the Services; (ii) any purchases or other transactions or relationships with COMPANY; (iii) any data or information you may provide to COMPANY or that COMPANY may gather in connection with such use, interaction or transaction; or (iv) any other unresolved claim or controversy (collectively, “COMPANY Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Services or engaging in any other COMPANY Transactions or Relationships with us, you agree to binding arbitration as provided herein. Our rights and obligations under this arbitration provision shall inure to the benefit of each of COMPANY’s parent company(ies) and/or owners and COMPANY PARTIES regardless of whether any of them are named as a co-defendant with us or named individually in a claim that would otherwise be subject to this arbitration provision if brought against us.

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Services, you agree that any complaint, dispute, disagreement, claim, or controversy you may have against COMPANY or COMPANY PARTIES, and any claim that COMPANY or COMPANY PARTIES may have against you, arising out of, relating to, or connected in any way with these Terms of Service, our Privacy Policy, or any COMPANY Transactions or Relationships, shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by the American Arbitration Association or its successor (the “AAA”) and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (the “Applicable Rules”). The most recent version of the AAA rules is available at www.adr.org and are hereby incorporated by reference. You hereby consent to the Mass Arbitration Supplementary Rules where applicable, and, where applicable, the Mass Arbitration Supplementary Rules shall be included in the defined term “Applicable Rules.” You either acknowledge and agree that you have read and understand the Applicable Rules or waive your opportunity to read the Applicable Rules and waive any claim that the Applicable Rules are unfair or should not apply for any reason.

To promote efficient handling of arbitration claims, if twenty-five (25) or more substantially similar claims are filed against COMPANY and/or COMPANY PARTIES within reasonably close temporal proximity, by or with the help of an entity or coordinated group of entities, whether or not such claims are filed simultaneously, the AAA will promptly take steps to administer the claims in batches of twenty-five (25) (plus a final batch consisting of any remaining claims). Each batch will be considered as a single consolidated arbitration and be appointed one arbitrator and with one set of filing and administrative fees per side, one procedural calendar, one hearing (if any), and one final award. The arbitrator will take other steps as necessary for a speedy and efficient resolution of the claims. Claims are of a “substantially similar nature” if they arise out of or relate to the same event or facts, raise similar legal issues and/or causes of action, and seek similar relief. If we disagree on whether this batch arbitration process applies, the AAA will appoint an arbitrator to decide that issue, whose fees will be paid equally between you and COMPANY, and who may prescribe procedures needed to resolve the disagreement. This batch arbitration process does not authorize a class, collective, consolidated, joint, or mass arbitration or action other than as may be set forth in this Section.

You further agree that:

  1. the Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and COMPANY (the “Arbitrator”);
  2. the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability, or formation of these Terms of Service and/or these arbitration provisions hereof, including but not limited to any claim that all or any part of these Terms of Service is void or voidable; 
  3. Arbitration proceedings will be held in New York County, New York, or if your claim does not exceed $10,000 then the arbitration will be conducted solely on the basis of the documents you and COMPANY submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary;
  4. the Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the United States, irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
  5. the Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
  6. if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein; 
  7. COMPANY may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after COMPANY has given notice of such modifications and only on a prospective basis for claims arising from COMPANY Transactions or Relationships occurring after the effective date of such notification; and
  8. nothing herein shall prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. 

20. RISK OF LOSS

COMPANY shall make all commercially reasonable efforts to maintain the availability of the Services; provided, however, that COMPANY will not be responsible for any damage or losses related to any system errors or interruptions affecting the Services. You accept that the Services could become unavailable unexpectedly as a result of circumstances beyond COMPANY’s control or routine maintenance. Moreover, the Services may be terminated at any time for any reason without advance notice. All decisions by COMPANY regarding the Services are final.

All purchases of physical items from COMPANY are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. All purchases of physical items from COMPANY are subject to our Shipping & Handling Policy. 

21. SANCTIONS AND EXPORT POLICY

You may not use any service offered or provided by COMPANY, including without limitation the Services, if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using COMPANY’s services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services when using any service offered or provided by COMPANY.

22. MOBILE TERMS OF SERVICE

The COMPANY mobile message service, including COMPANY’s SMS/text message service (collectively, the “Mobile Service”) is operated by COMPANY. Your use of the Mobile Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Mobile Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Mobile Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to COMPANY’s Mobile Terms, you agree to receive recurring SMS/text messages from and on behalf of COMPANY through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent to you using an automatic telephone dialing system or other technology. Service-related messages may include reminders, updates, test results, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You acknowledge and understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with COMPANY. Your participation in Mobile Service is completely voluntary. However, please note that by withdrawing your consent, some of the functions provided by the Services may no longer be available to you. Keep in mind that if you stop receiving SMS/text messages from us, you may not receive important and helpful information and/or reminders about your use of the Services.

We do not charge for the Mobile Service, but you are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. 

The Mobile Service is for informational purposes only and is not intended for providing medical advice. If you have questions regarding your health, you should contact your physician or other qualified health care provider or, in cases of emergency, call 911. Any health inquiries sent via the Mobile Service shall not receive responses.

You may opt-out of the Mobile Service at any time by texting the single keyword command STOP or clicking on an unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other COMPANY mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. You understand and agree that our text-message platform may not recognize or respond to unsubscribe or STOP requests that alter, change, or modify the keyword commands specified in this Section, such as the use of different spellings or the addition of other words or phrases to the command and you hereby agree that COMPANY and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. For support regarding the Mobile Service, text “HELP” to the number you received messages from or email us at hello@momnyc.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures set forth above.

We may change any short code or telephone number we use to operate the Mobile Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Mobile Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Mobile Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Mobile Service.

We are committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”) and the Telephone Consumer Protection Act (“TCPA”). E-mails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM ACT and the TCPA. In the event you receive an e-mail or text message from us which you do not believe is fully compliant with the CAN-SPAM Act or the TCPA, please contact us at the address provided below in Section 25 (CONTACT US).

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.

Florida Residents: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to the Mobile Service, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Mobile Service is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by us in direct response to mobile messages or requests from you (including but are not limited to response to keywords, opt-in, help or stop requests, and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

23. CONTACT US 

If you have any comments, feedback, or questions, including the resolution of a complaint regarding the Services, or if you are seeking further information regarding the Services, the Company can be contacted at:

 MEDICAL OFFICES OF MANHATTAN, PLLC

Attn: Administrative Office

969 3rd Avenue, 3rd Floor, Suite 3-1, New York, NY 10022

Email: hello@momnyc.com 

Telephone: 212-398-1709

For Mobile Service support or assistance, text HELP in response to any SMS/text message you receive from us, or email hello@momnyc.com.

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.