Terms of Use

TERMS OF USE

Welcome to the website of Scott H. David, D.O., P.C. (the “Site”). These Terms and Conditions (“Terms”) govern Your use of the Site. Your access and use of the Site are subject to Your agreement with these Terms. By using the site, You expressly agree to these Terms. If You do not agree with these Terms, do not use or access the Site for any purpose. Please print a copy of these Terms for Your records.

As used in these Terms, references to “Scott H. David, D.O., P.C.” means and includes Scott H. David, D.O., PC (the “Practice”), its subsidiaries and affiliated entities. As used in these Terms, “You” or “Your” means You, Your dependent(s), if applicable, and any other person with authorization to access Your account on the Site. These Terms apply to Your use of the Site and, to the extent referenced, to Your registration for, subscription to, and use of the Services as defined below.

The Practice provides certain on-line, professional medical services that include, but are not limited to, hormonal, dietary, and lifestyle evaluations, diagnoses, treatments and/or care (hereinafter, the “Services”). Additionally, the Services may include certain laboratory requisitions or prescription drug products if medically appropriate and necessary. Medical care will be provided by a licensed medical professional who has agreed to provide medical treatment using the Site.

Portions of the Site require You to register and log-in, and are password protected. You are required to provide the Practice with an e-mail address upon registering. The Practice will use e-mail communications to send You important updates about the Site and Services, as well as notifications when information and documents are added that You need to be aware of (e.g., forms, consult appointments, etc.). In some instances, but not all, You will be permitted to opt out of receiving e-mails.

The encrypted portions of the Site are referred to as the Secure Patient Portal (“Portal”). This Portal allows You to access certain medical consultation services. Through the Portal, You can also access Your protected health information, whether submitted by You or generated as result of Your use of the Services.

User Representations:

You represent that You are of legal age to agree to the Terms set forth herein, or You are at least 13 years of age and have Your parent(s)’ or legal guardian(s)’ permission to access and use this Site, to register on the Site, to enroll for the Services and/or to use the Services. You represent that (i) You have the legal ability and authority to agree to these Terms and use the Site, (ii) the information You have provided in Your registration is accurate and complete, (iii) You will comply with all applicable laws, and (iv) You will not interfere with, disrupt or replicate, or attempt to interfere with, disrupt or replicate, the Site and its security protocols. You are solely responsible for maintaining the confidentiality of Your password and for all activities that occur under Your password. You agree to prohibit anyone else from using Your password and to immediately notify the Practice in writing of any unauthorized use of Your password or other security concerns of which You become aware.

You agree and represent that any health information provided to the Practice through the Portal is accurate, complete, and the most up to date information possible. You understand that all reasonable and mandatory measures have been taken to safeguard Your protected health information in accordance with the federal Health Insurance Portability and Accountability Act standards, but no computer or phone system is totally secure. The Practice recognizes Your privacy and, in accordance with federal and state laws, will not release information to anyone without Your written authorization or as required or permitted by law.

In using the Site, You agree not to: promote, encourage, or engage in defamatory, harassing, abusive, or otherwise objectionable behavior; send or otherwise transmit to or through the Site any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material, or any unsolicited advertising, solicitation or promotional materials of any kind; misrepresent Your identity or affiliation in any way; restrict or inhibit any person from using the Site, disclose personal information obtained from the Site or collect information about users of the Site; reverse engineer, disassemble or decompile any section or technology on the Site; gain unauthorized access to the Site to other users’ accounts, names, personally identifiable information or other information; launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access the Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; send or otherwise transmit to or through the Site chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services; post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment; violate any applicable laws or regulations or these Terms; alter or modify any part of the Content or Services offered on the Site; or assist or permit any persons in engaging in any of the activities described above.

Modification of Terms:

The Practice reserves the right to update or modify the Terms at any time and for any reason, without penalty or liability to You or any third party. Changes to the Terms shall be effective immediately upon posting of the revision. By continuing to use the Site after any such changes, You unconditionally consent to follow and be bound by all applicable changes to the Terms.

Modification of Site:

The Practice reserves complete and sole discretion with respect to the operation of the Site and provision of the Services. The Practice may withdraw, suspend or otherwise discontinue any functionality or feature of the Site or the Services. The Practice reserves the right to maintain, delete or destroy all communications and user content posted or uploaded to the Services pursuant to its internal record retention and/or destruction policies.

Termination:

Unless expressed otherwise in writing, The Practice reserves the right to terminate, rescind, revoke, or modify Your access to the Site without notice at any time for any reason. Any violation of these Terms will result in immediate termination. The Practice shall not be liable to You or any third party for any such termination. You may opt out of the Site at any time.

Medical Disclaimers:

This Site is not a replacement for a relationship with a primary care physician or other healthcare professional. You agree to contact Your physician immediately should Your condition change or Your symptoms worsen. If You require urgent care, You should contact Your local emergency services immediately.

Intellectual Property:

All materials on the Site, including the design, layout, and organization, with the exception of data contained in user records (collectively referred to as “Content”), are owned and copyrighted by the Practice or its affiliates and are protected by all applicable intellectual property laws. All rights and title to the Content, trademarks and service marks herein remain with the Practice or its licensors. You are authorized to view the Site and Content. All rights not expressly granted herein are reserved to the Practice. You may not reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, circulate or exploit for commercial gain any portion of the Site or the Content. You further agree that any information You provide or use on the Site, and Your use of the Site or the Services, will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.

Cookie Policy:

The Practice or a third-party vendor on behalf of the Practice may retain non-identifiable information that is automatically collected as users access the Site. Such information is collected through the use of “cookie” technology or by tracking internet protocol (IP) addresses. Such information may include: Your computer’s IP address, operating system, browser software, Internet Service Provider, and geographic location. For users accessing the website via a mobile device, we may collect the device’s location data, device ID(s) and other information regarding Your use of the Site. Such non-identifiable information we collect may be shared with our suppliers and vendors to the extent permitted by applicable law. Additional information regarding the Practice’s use of cookies can be found below.

Third Party Websites:

The Practice may provide external links to third party websites. Links are provided as a convenience only, and a link does not imply that the Practice endorses, sponsors, or is affiliated with the linked website. These Terms apply only to Your relationship with the Practice and do not describe the terms and conditions, privacy policies or other policies of third parties. Your use of third party web sites is at Your own risk and subject to the third party’s terms and conditions. The Practice disclaims any and all liability for any information set forth on linked sites. 

No Endorsement:

The Practice does not endorse the promotions, products, publications or services of any third parties. The Practice does not warrant or validate the advertisements, promotions, communications, or other materials of any third party. Any views expressed by third parties on this Site are solely the views of such third party and the Practice assumes no responsibility or liability for the accuracy of any statement made by such third party. 

Indemnification:

You hereby agree to hold harmless, defend and indemnify the Practice, its principals, owners, officers, directors, managers, employees, contractors, agents, other affiliated companies, suppliers, successors, and assigns from all liabilities, claims, demands and expenses, including attorney’s fees, that arise from or are related to (a) Your use or misuse of the Site or Services, (b) Your breach of these Terms, (c) the content or subject matter of any information You provide to the Practice, or (d) any negligent or wrongful act or omission by You in the use or misuse of the Site or the Services, including without limitation, infringement of third party intellectual property rights. You agree to waive, to the fullest extent permitted by law, all laws that may limit the efficacy of such indemnifications or releases.

DISCLAIMER:

THE SITE IS PROVIDED BY THE PRACTICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE PRACTICE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE PRACTICE DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, FREE FROM ERROR, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

Governing Law; Jurisdiction and Venue:

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, as amended from time to time, without regard to principles of conflicts of law. Any civil action or legal proceeding arising out of or relating pursuant to these Terms shall be brought in the applicable Federal or State courts located in Burlington County, New Jersey. Each party consents to the jurisdiction of such court in any such civil action or legal proceeding and waives any objection to the laying of venue of any such civil action or legal proceeding in such court. Service of any court paper may be affected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules. Any cause of action or claim You may have with respect to the Practice must be commenced within one (1) year after it arises. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

Notices.

The Practice may provide notice to You by e-mail to the e-mail address You provided during registration, by a general notice on the Site, or by written communication delivered by first class U.S. mail or express courier to Your address on record in Your account information. You may give notice to the Practice at any time, in writing, delivered by first class U.S. mail or express courier to Scott H. David, D.O., P.C., 9500 K Johnson Boulevard, Suite 3, Bordentown, New Jersey, 08505.

By checking the box below, You acknowledge that You have read, understand and agree with these Terms. 

Cookie Policy
Last Updated: (10/10/19)

The Practice uses cookies on its website [URL] (“Site”) through which the Practice provides services (the “Service”). By using the Service, You consent to the use of cookies. The Practice’s Cookie Policy explains what cookies are, how the Practice uses cookies, how third-parties that the Practice may partner with may use cookies, Your choices regarding cookies and further information about cookies.

What Are Cookies

Cookies are small pieces of text sent by Your web browser by a website You visit. A cookie file is stored in Your web browser and allows the Site or a third-party to recognize You and make Your next visit easier and the Service more useful to You. Cookies can be “persistent” or “session” cookies.

How The Practice Uses Cookies

When You use and access the Site, the Practice may place a number of cookie files in Your web browser. The Practice uses cookies for the following purposes: to enable certain functions of the Service, to provide analytics, to store Your preferences, and to enable advertisements delivery. The Practice uses both session and persistent cookies on the Site and uses different types of cookies to run the Service. The Practice may also use “essential” cookies to authenticate users and prevent fraudulent use of user accounts.

Third-Party Cookies

In addition to the Site’s own cookies, the Practice may also use various third-parties cookies for any reason, in compliance with law, including, but not limited to, reporting usage statistics of the Service and delivering advertisements on and through the Service.

What Are Your Choices Regarding Cookies

If You’d like to delete cookies or instruct Your web browser to delete or refuse cookies, please visit the help pages of Your web browser. Please note, however, that if You delete cookies or refuse to accept them, You might not be able to use all of the features that the Site offers; You may not be able to store Your preferences, and some of the pages on the Site may not display properly.

Where You Can Find More Information About Cookies

You can learn more about cookies at the following third-party websites:

  • AllAboutCookies: http://www.allaboutcookies.org/
  • Network Advertising Initiative: http://www.networkadvertising.org/