1. Agreement to Terms.
1.1. By accessing or using the Website of Maple Concierge Medicine, PLLC, a direct primary care practice organized and operating in the Commonwealth of Pennsylvania (the “Practice”), including all pages and content available at or through the Website (the “Website”), you acknowledge that you have read, understand, and agree to be bound by these Website Terms of Use and Privacy Statement (these “Terms”).
1.2. If you do not agree to these Terms, you must immediately discontinue use of this Website. Your access to and use of the Website is conditioned upon your compliance with these Terms and all applicable laws and regulations.
1.3. These Terms govern the use of the Website by casual visitors and other non-patient users. These Terms do not govern, and are not intended to alter or replace, the Practice’s obligations to its patients under applicable law or under any separate agreements or notices, including the Practices Notice of Privacy Practices issued pursuant to the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (collectively, HIPAA).
1.4. The Website is intended for individuals located in the United States. The Practice does not represent that the Website or its content is appropriate or available for use in any other jurisdiction. If you access the Website from outside the United States, you do so at your own initiative and are responsible for compliance with all local laws.
2. No Medical Advice; No Physician/Patient Relationship.
2.1. The Website, including all text, graphics, images, information, and other material available on or through the Website (collectively, the “Content”), is provided solely for general informational and educational purposes. The Content is not intended, and must not be relied upon, as medical advice, diagnosis, or treatment, nor as a substitute for professional medical advice, diagnosis, or treatment.
2.2. The availability, viewing, or use of the Website or any Content, including any ability to contact the Practice through general contact information published on the Website, does not:
A. create or constitute a physician/patient or other provider/patient relationship between you and the Practice or any of its physicians, clinicians, or staff; or
B. create any duty on the part of the Practice or its physicians, clinicians, or staff to provide you with medical advice, diagnosis, treatment, or other professional services.
2.3. You must not disregard professional medical advice or delay seeking it because of any Content or any other information available on or through the Website. You should always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition, including without limitation regarding symptoms, diagnosis, treatment options, medications, or changes in your health status.
2.4. If you believe you are experiencing a medical emergency, you must immediately call 911 or go to the nearest emergency department. the Website is not intended for, and must not be used for, emergency or urgent communications, diagnosis, or treatment.
2.5. Nothing on the Website is intended to constitute advertising or solicitation for medical services in any jurisdiction where such advertising or solicitation would be unlawful or where the Practice or its practitioners are not duly licensed or otherwise authorized.
2.6. The Practice does not guarantee that any communication submitted through the Website will be received, reviewed, or responded to. As a result, communications made for clinical purposes should not be submitted through general website contact channels. The Practice hereby disclaims any liability for communications submitted through improper channels.
3. Scope of These Terms; Relationship to HIPAA Notice of Privacy Practices. 3.1. These Terms apply solely to your use of the Website as a casual visitor or other non-patient user and to the Practice handling of information collected from or about you through the Website in that capacity. 3.2. Separate terms, conditions, authorizations, and notices may govern:
A. your relationship with the Practice as a patient or prospective patient; and
B. the Practice use and disclosure of protected health information (PHI) as defined by HIPAA. 3.3. If you are or become a patient of the Practice, the Practice HIPAA Notice of Privacy Practices describes how the Practice may use and disclose your PHI and explains your rights with respect to your PHI. To the extent there is any conflict between these Terms and the Practice HIPAA Notice of Privacy Practices with respect to PHI, the HIPAA Notice of Privacy Practices will control.
3.4. These Terms do not expand, limit, or otherwise modify any rights you may have, or any obligations of the Practice, under HIPAA or other applicable health care privacy or medical confidentiality laws with respect to PHI.
4. Eligibility and Permitted Users.
4.1. By accessing or using the Website, you represent and warrant that:
A. you are at least the age of majority in your state of residence; or
B. if you are under the age of majority, you are accessing and using the Website only under the supervision and with the consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf.
4.2. The Practice may, in its sole discretion and without notice, terminate or suspend your access to all or any part of the Website or refuse any and all current or future use of the Website for any lawful reason, including but not limited to any violation of these Terms.
5. Intellectual Property Rights.
5.1. The Website and all Content, including without limitation all text, design, layout, graphics, photographs, images, videos, audio, information, software, code, and other materials, and the selection, compilation, arrangement, and presentation thereof, are owned by the Practice or its licensors and are protected by applicable United States and foreign copyright, trademark, trade dress, trade secret, and other intellectual property or proprietary rights laws.
5.2. All names, logos, service marks, and trademarks displayed on the Website (collectively, the Marks) are the property of the Practice or their respective owners. Nothing contained on the Website or in these Terms shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks without the express prior written permission of the Practice or such other owner.
5.3. Subject to your continued compliance with these Terms, the Practice grants you a limited, revocable, non exclusive, non-transferable, non-sublicensable license to access and use the Website and to display, download, and print copies of the Content solely for your personal, non-commercial, and informational use in connection with your evaluation of the Practice services.
5.4. Any use of the Website or Content other than as specifically authorized in these Terms is strictly prohibited and will terminate the license granted in these Terms. Upon termination of such license for any reason, you must immediately cease all use of the Website and destroy any copies of Content in your possession or control.
5.5. The Practice reserves all rights in and to the Website, the Content, and the Marks not expressly granted in these Terms.
6.User Conduct and Prohibited Activities.
6.1. You agree that you will use the Website only for lawful purposes and in accordance with these Terms. As a condition of your access to and use of the Website, you agree that you shall not, and shall not permit or assist any other person to access, use, or attempt to access or use the Website in any manner that could disable, overburden, damage, or impair the Website, any server on which the Website is hosted, or any network connected to such server, or that could interfere with any other persons use and enjoyment of the Website.
6.2. The Practice reserves the right, but does not undertake any obligation, to monitor the Website for violations of these Terms. the Practice may investigate suspected violations and may cooperate with law enforcement authorities in prosecuting users who violate these Terms or applicable law.
6.3. The Practice may, at any time and without prior notice, restrict, suspend, or terminate your access to all or any part of the Website, or take any other appropriate action, if the Practice believes, in its sole discretion, that you have violated these Terms or otherwise engaged in conduct that the Practice deems inappropriate or harmful.
7. Changes to the Site and to These Terms.
7.1. The Practice reserves the right, at any time and from time to time, in its sole discretion and without prior notice, to modify, suspend, or discontinue all or any part of the Website, including without limitation any Content, features, or functionality, on a temporary or permanent basis.
7.2. The Practice may, in its sole discretion, revise or update these Terms from time to time. Any changes to these Terms will be effective when posted on the Website or on such later date as may be specified in the revised Terms. The effective date of the current version of these Terms will be indicated at the top or bottom of the document.
7.3. Your continued access to or use of the Website after the posting of revised Terms constitutes your acceptance of, and agreement to be bound by, the revised Terms. You are responsible for periodically reviewing these Terms to ensure that you are aware of and understand any changes.
7.4. If you do not agree to any revised Terms, you must immediately discontinue use of the Website.
8. Disclaimer of Warranties.
8.1. You expressly agree that your use of the Website and the Content is at your sole risk. To the fullest extent permitted by applicable law, the Site and all Content are provided on an as is and as available basis, without any warranties of any kind, whether express, implied, or statutory.
8.2. Without limiting the generality of the foregoing, and to the fullest extent permitted by applicable law, the Practice disclaims all warranties of any kind, whether express, implied, or statutory, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, or non infringement; warranties arising from course of dealing, course of performance, or usage of trade; and warranties that the Website or the Content will be accurate, complete, reliable, timely, error-free, secure, current, free of viruses or other harmful components, or available at any particular time or place.
8.3. Without limiting any other provision of these Terms, the Practice does not warrant or make any representations regarding the accuracy, completeness, reliability, timeliness, or usefulness of the Website or any Content; or the results that may be obtained from the use of the Website or any Content.
8.4. Because some jurisdictions do not allow limitations on implied warranties, some or all of the above limitations may not apply to you. In such jurisdictions, the Practice liability will be limited to the greatest extent permitted by law.
9. Limitation of Liability.
9.1. To the fullest extent permitted by applicable law, in no event shall the Practice, its owners, members, partners, shareholders, directors, officers, employees, contractors, agents, representatives, licensors, or suppliers (collectively, the “Parties”) be liable to you or to any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages of any kind, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, arising out of or in connection with your access to or use of, or inability to access or use, the Website or any Content; any errors or omissions in the Website or any Content; any loss or corruption of data; or any other matter relating to the Website or the Content, even if the Practice has been advised of the possibility of such damages or such damages were otherwise foreseeable.
9.2. Without limiting the generality of the foregoing, and to the fullest extent permitted by applicable law, the total aggregate liability of the Parties to you for any and all claims arising out of or related to these Terms, the Website, or the Content, whether in contract, tort (including negligence), strict liability, or otherwise, shall not exceed one hundred U.S. dollars (USD 100).
9.3. The limitations of liability set forth in this section shall apply even if any remedy provided in these Terms fails of its essential purpose.
9.4. Because some jurisdictions do not allow the exclusion or limitation of certain types of damages, some or all of the above exclusions and limitations may not apply to you. In such jurisdictions, the liability of the Parties shall be limited to the greatest extent permitted by applicable law.
9.5. Nothing in these Terms is intended to limit or exclude any liability that cannot be limited or excluded under applicable law, including liability for death or personal injury caused by the Practice gross negligence or willful misconduct.
10. Indemnification.
10.1. To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Parties from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable attorneys fees and costs) arising out of or related to your access to or use of the Website or the Content; your violation of these Terms or of any applicable law, rule, or regulation; or your infringement, misappropriation, or violation of any intellectual property, proprietary, privacy, publicity, or other rights of any person or entity.
10.2. The Practice reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate fully with the Practice in asserting any available defenses. You shall not settle any such matter without the prior written consent of the Practice.
11. Privacy Statement for Casual Website Users.
11.1. Overview
A. This Privacy Statement explains how the Practice collects, uses, discloses, and protects information obtained from or about individuals who access or use the Website as casual visitors or other non patient users. This Privacy Statement forms part of, and is incorporated into, these Terms.
B. This Privacy Statement does not apply to PHI collected, created, received, maintained, or transmitted by the Practice as a health care provider in its capacity as such, whether through in-person encounters, telephone, mail, patient portals, or otherwise. the Practice handling of PHI is governed by HIPAA and by the Practice HIPAA Notice of Privacy Practices.
C. By accessing or using the Website, you acknowledge and agree to the collection, use, disclosure, and protection of information as described in this Privacy Statement.
11.2. Information the Practice May Collect
A. The Practice may collect the following categories of information when you access or use the Website as a casual visitor:
i.Device and usage information. When you access or use the Website, the Practice may automatically collect certain information about your device and your use of the Website, which may include: a. your IP address;
b. the date and time of your visit;
c. the type of browser and operating system you use;
d. the web pages or content you view, and the time spent on each;
e. the website you visited immediately before accessing the Website (referring URL); and f. other standard server log information.
ii.Cookies and similar technologies. The Practice may use cookies or other similar technologies to enhance the functionality of the Website, to understand usage patterns, and to help improve the Website. Cookies are small data files that are placed on your device when you visit a website. The types of cookies the Practice may use include:
a. strictly necessary cookies that are essential for the operation of the Website; and
b. performance or analytics cookies that help the Practice understand how users interact with the Website.
iii.Information you choose to provide. If the Website provides general contact information such as an email address, telephone number, or mailing address, and you choose to contact the Practice using such information, the Practice may receive and maintain the information you choose to provide, such as your name, contact information, and the contents of your communication. The current design of the Website does not permit users to upload or submit content directly through web forms, portals, or interactive features.
B. The Practice does not intend to collect sensitive personal information from casual website users through the Website, and requests that you not provide such information (including, for example, detailed medical information, Social Security numbers, or financial account information) through any general contact channels identified on the Website.
C. The Practice does not knowingly collect personal information from children under the age of 13 through the Website. If the Practice becomes aware that it has collected personal information from a child under the age of 13 through the Website without verifiable parental consent, the Practice will take reasonable steps to delete such information from its systems.
11.3. How the Practice Uses Information
A. The Practice may use information collected from or about casual website users for the following purposes:
i.to operate, maintain, and improve the Website, including to analyze usage and performance and to develop new features or content;
ii.to monitor and help protect the security and integrity of the Website, including to detect, prevent, and respond to fraud, abuse, security incidents, and other harmful or unauthorized activities; iii.to respond to your inquiries, questions, or requests when you choose to contact the Practice using available contact information;
iv.to comply with applicable laws, regulations, legal processes, and governmental requests, and to enforce these Terms and other applicable policies; and
v.for other internal business purposes reasonably related to the foregoing uses.
B. The Practice will not use information collected from or about casual website users through the Website for targeted advertising or for the sale of such information.
11.4. Disclosure of Information
A. The Practice may disclose information collected from or about casual website users to the following categories of recipients, in each case only to the extent reasonably necessary for the purposes described in this Privacy Statement:
i.Service providers. The Practice may disclose information to third-party vendors and service providers that perform services on the Practice behalf in connection with the operation, maintenance, security, or improvement of the Website (for example, web hosting, analytics, or information technology support). These third parties are permitted to use such information only as necessary to provide services to the Practice and are required to maintain the confidentiality of such information. ii.Professional advisors. The Practice may disclose information to its attorneys, accountants, and other professional advisors in connection with the receipt of professional services, subject to appropriate confidentiality obligations.
iii.Legal and regulatory. The Practice may disclose information if it believes, in good faith, that such disclosure is necessary or appropriate to:
a. comply with applicable law, regulation, legal process, or governmental request;
b. protect or defend the rights, property, or safety of the Practice, its personnel, patients, or others;
c. enforce these Terms; or
d. detect, prevent, or respond to fraud, security incidents, or other illegal or harmful activities. iv.Business transfers. In the event of a merger, acquisition, restructuring, reorganization, sale of assets, or other corporate transaction involving the Practice, information collected from or about users of the Website may be transferred as part of such transaction, subject to continued protection in accordance with this Privacy Statement.
B. The Practice does not sell personal information collected from casual website users and does not disclose such information to third parties for their own marketing purposes.
11.5. Data Security
A. The Practice uses reasonable administrative, technical, and physical safeguards designed to protect information collected from or about casual website users through the Website against accidental, unlawful, or unauthorized access, acquisition, destruction, loss, alteration, or disclosure.
B. Notwithstanding the foregoing, no method of transmission over the internet or method of electronic storage is completely secure, and the Practice cannot and does not guarantee the security of information transmitted to or through the Website or stored by the Practice. Any transmission of information to or through the Website is at your own risk.
C. If the Practice becomes aware of a data security incident involving information collected from or about casual website users through the Site, the Practice will take reasonable steps to investigate the incident and, where required by applicable law, will notify affected individuals and/or appropriate authorities.
11.6. Data Retention
A. The Practice retains information collected from or about casual website users through the Website for as long as reasonably necessary to:
i.fulfill the purposes for which the information was collected;
ii.operate, maintain, and improve the Website;
iii.comply with applicable legal, regulatory, or compliance obligations;
iv.resolve disputes; and
v.enforce these Terms and protect the rights, property, and safety of the Practice and others. B. When information is no longer needed for the purposes described above, the Practice will take reasonable steps to delete, anonymize, or otherwise dispose of such information in a secure manner, consistent with applicable legal and regulatory requirements.
11.7. Your Choices
A. Because the Website does not currently provide interactive user accounts or online submission features for casual website users, your primary choices regarding information collection and use relate to your device settings and browser configuration.
B. You may be able to configure your browser to:
i.refuse all or some browser cookies;
ii.notify you when cookies are being placed on your device; or
iii.delete existing cookies.
C. If you disable or refuse cookies, some portions of the Site may become inaccessible or may not function properly.
D. If you contact the Practice using the contact information provided on the Website and wish to update, correct, or request deletion of information you have provided in that context, you may make such a request through the same contact channel, and the Practice will consider and respond to your request as appropriate and in accordance with applicable law. the Practice may not be able to accommodate a request if it believes doing so would violate any law or legal requirement or cause the information to be incorrect, incomplete, or misleading.
11.8. Changes to This Privacy Statement
A. The Practice may revise or update this Privacy Statement from time to time. Any changes will be effective when posted as part of these Terms on the Website or on such later date as may be specified in the revised Privacy Statement.
B. Your continued access to or use of the Website after the posting of a revised Privacy Statement constitutes your acknowledgment and acceptance of the revised Privacy Statement. You are responsible for periodically reviewing this Privacy Statement to stay informed about the Practice information practices.
12. Governing Law; Jurisdiction and Venue.
12.1. These Terms, and any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or the Content (each, a Dispute), shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws principles.
12.2. You and the Practice agree that any Dispute shall be brought exclusively in the state courts located in Montgomery County, Pennsylvania, or in the federal courts of the United States located in the Eastern or Middle District of Pennsylvania, as applicable, and you and the Practice hereby irrevocably submit to the personal jurisdiction of, and venue in, such courts in connection with any such Dispute.
12.3. You and the Practice each waive, to the fullest extent permitted by applicable law, any objection to the laying of venue in such courts and any claim that any such action has been brought in an inconvenient forum.
12.4. Nothing in this section shall prevent either you or the Practice from seeking injunctive or other equitable relief in any court of competent jurisdiction in order to prevent or enjoin the actual or threatened infringement, misappropriation, or violation of intellectual property or other proprietary rights.
13. Time Limit for Bringing Claims.
13.1. To the fullest extent permitted by applicable law, you agree that any cause of action or claim you may have arising out of or relating to these Terms, the Website, or the Content must be commenced within one year after such cause of action or claim accrues; otherwise, such cause of action or claim is permanently barred.
13.2. The foregoing time limitation does not apply to any cause of action or claim that cannot be limited by agreement under applicable law.
14. Miscellaneous.
14.1. Entire agreement. These Terms, including the Privacy Statement for Casual Website Users set forth in Section 12, constitute the entire agreement between you and the Practice with respect to your access to and use of the Website as a casual website user and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.
14.2. Severability. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be deemed severed from these Terms and the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.
14.3. No waiver. No waiver by the Practice of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of the Practice to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
14.4. Assignment. You may not assign, delegate, or transfer any of your rights or obligations under these Terms, by operation of law or otherwise, without the prior written consent of the Practice. Any attempted assignment in violation of this provision shall be null and void. the Practice may assign, delegate, or transfer any or all of its rights and obligations under these Terms without restriction.
14.5. Relationship of the parties. Nothing in these Terms shall be construed as creating any partnership, joint venture, employment relationship, agency relationship, or other form of legal association between you and the Practice, and neither you nor the Practice shall have authority to bind the other in any respect.
14.6. Headings. The section and subsection headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
14.7. Interpretation. As used in these Terms, the words include, includes, and including are deemed to be followed by the phrase without limitation. Any reference to a statute, regulation, or other law includes all rules and regulations issued under such law, as well as any amendments, restatements, or successors to such law.
14.8. Notices to you. The Practice may provide notices to you under these Terms by posting such notices on the Website. Notices posted on the Website are effective when posted.
14.9. Notices to the Practice. All notices, requests, or other communications to the Practice under these Terms must be in writing and must be delivered by hand, by recognized overnight courier, or by United States mail (postage prepaid, certified or registered, return receipt requested) to the Practice principal business address, as identified on the Website, or to such other address as the Practice may designate from time to time by posting notice on the Website.
15. Contact Information.
15.1. If you have any questions about these Terms or about the Practice’s information practices relating to the Website, you may contact the Practice at:
Maple Concierge Medicine
124 South Maple Street, Suite 112
Ambler, PA 19002
Telephone: 610-827-5049
Email: [email protected]
Please do not include detailed medical information, Social Security numbers, or other sensitive personal information in any general inquiries sent to the Practice using the contact information provided above. For questions relating to your rights under HIPAA or the Practice HIPAA Notice of Privacy Practices, or for matters concerning your medical care, you should contact the Practice using the instructions provided in the Practice HIPAA Notice of Privacy Practices or as otherwise directed by the Practice in connection with your status as a patient.