3.3 Licensing and Geographic Limitations
The healthcare providers associated with Joseph Psychiatry PLLC are licensed to practice medicine exclusively in the State of New York. Our clinical services are available ONLY to individuals who are physically located within the geographic boundaries of New York State at the time of each telehealth encounter.
By using our clinical services, you represent, warrant, and certify that: (a) you are physically located within New York State at the time of each appointment; (b) you will immediately notify the Practice if your physical location changes during a session; (c) you will not access services while physically located outside New York State; and (d) all information you provide regarding your location is true, accurate, and complete.
Consequences of location misrepresentation:Providing false, misleading, or inaccurate information regarding your physical location constitutes: (a) a material breach of these Terms; (b) potential healthcare fraud; (c) grounds for immediate termination of all services without notice; (d) grounds for notification to applicable licensing authorities; (e) grounds for notification to law enforcement authorities; and (f) grounds for civil legal action to recover all damages, costs, and fees incurred by the Practice. You agree to indemnify and hold harmless the Practice for any and all liability arising from your misrepresentation of location.
3.4 Disclaimer of Medical Advice
The content on this Website, including but not limited to all text, graphics, images, videos, blog posts, articles, and other materials ("Content"), is provided for general informational purposes only and is NOT intended to be, and shall not be construed as, medical advice, psychiatric advice, diagnosis, treatment recommendation, or professional healthcare guidance of any kind.
Always seek the advice of your physician, psychiatrist, or other qualified healthcare provider with any questions regarding a medical or psychiatric condition. NEVER disregard professional medical advice or delay seeking it because of something you have read on this Website. NEVER rely on information on this Website in place of seeking professional medical advice.
The practice expressly disclaims any and all liability for any actions taken or not taken based on any or all of the content on this website.
3.5 Mental Health Insights Blog Disclaimer
IMPORTANT DISCLAIMER - READ CAREFULLY:
This Website contains a blog section titled "Mental Health Insights" ("Blog"). All Blog content is provided for general informational and educational purposes only.
THE BLOG CONTENT:
(a) Is NOT medical advice, psychiatric advice, clinical guidance, or professional treatment of any kind;
(b) Is NOT a substitute for professional medical evaluation, diagnosis, or treatment;
(c) May be incomplete, inaccurate, outdated, or inapplicable to your specific circumstances;
(d) May contain errors, omissions, or statements that are no longer current;
(e) Should NOT be relied upon for any healthcare decision;
(f) May lead to adverse outcomes, harm, or injury if acted upon without professional guidance.
BY ACCESSING THE BLOG, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
(a) You assume full and complete responsibility for any and all actions taken based on Blog content;
(b) You will seek professional medical evaluation before acting on any Blog information;
(c) The Practice shall not be liable for any loss, harm, injury, or damages of any kind arising from or related to reliance on Blog content;
(d) You release, waive, and forever discharge the Practice from any and all claims, demands, actions, and causes of action related to Blog content;
(e) Reading the Blog does not create a physician-patient relationship or any duty of care.
3.6 Prohibited Uses of Contact Form
The contact form on this Website is for general inquiries only. The contact form is NOT encrypted and is NOT secure. You are STRICTLY PROHIBITED from submitting any of the following through the contact form: protected health information (PHI); medical information; symptoms or complaints; diagnoses or conditions; medications or prescriptions; treatment history; mental health concerns; requests for emergency assistance; suicidal or self-harm statements; or any other health-related or sensitive personal information. Any such information submitted through the contact form is submitted entirely at your sole risk. The Practice expressly disclaims any and all liability for unauthorized access, interception, or disclosure of information submitted through the contact form.
3.7 Limitation of Liability
To the fullest extent permitted by applicable law, joseph psychiatry pllc, its owners, officers, directors, employees, agents, affiliates, successors, and assigns shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with: (a) your access to or use of (or inability to access or use) the website; (b) any content on the website, including the mental health insights blog; (c) any conduct or content of any third party on or through the website; (d) unauthorized access, use, or alteration of your transmissions or content; (e) any information submitted through unsecured channels; or (f) any other matter relating to the website.
In no event shall the aggregate liability of the practice for all claims relating to the website exceed one hundred dollars ($100.00). This limitation applies regardless of the legal theory upon which your claim is based.
Some jurisdictions do not allowthe exclusion or limitation of certain damages. In such jurisdictions, thelimitations above shall apply to the fullest extent permitted by law.
3.8 Disclaimer of Warranties
The website and all content thereon are provided "As is" and "As available" without warranties of any kind, either express or implied. To the fullest extent permitted by law, the practice disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The practice does not warrant that: (a) the website will be uninterrupted, timely, secure, or error-free; (b) the results obtained from use of the website will be accurate or reliable; (c) the quality of any content obtained through the website will meet your expectations; or (d) any errors will be corrected.
3.9 Indemnification
You agree to defend, indemnify, and hold harmless Joseph Psychiatry PLLC, its owners, officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with: (a) your use of or access to the Website; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your misrepresentation of your location or other information; (e) any content you submit through the Website; or (f) your infringement of any third-party rights.
3.10 Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND HAVE A JURY HEAR YOUR CLAIMS.
A. Mandatory Written Notice and Cure Period
Before initiating any dispute resolution proceeding, you must send written notice by certified mail to Joseph Psychiatry PLLC at 31 Covert Avenue, Suite 5, Floral Park, NY 11001, describing the dispute in detail and the specific relief sought. The Practice shall have forty-five (45) calendar days from receipt of the notice to attempt informal resolution of the dispute.
B. Mandatory Mediation
If the dispute is not resolved through the informal process, the parties shall engage in good-faith mediation in Nassau County, New York, before a mutually agreed mediator or, if the parties cannot agree, a mediator appointed by JAMS or the American Arbitration Association (AAA). Each party shall bear its own costs for mediation, and the parties shall share equally the mediator's fees. All mediation proceedings shall be confidential.
C. Mandatory Binding Arbitration
If the dispute is not resolved through mediation, all disputes, claims, and controversies arising out of or relating to these Terms or your use of the Website shall be resolved through final and binding arbitration in Nassau County, New York, before a single neutral arbitrator administered by JAMS or AAA in accordance with their applicable arbitration rules. The arbitrator shall apply New York substantive law consistent with the Federal Arbitration Act. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
D. Waiver of Jury Trial
You and the practice hereby knowingly, voluntarily, and intentionally waive any and all right to a trial by jury in any action or proceeding arising out of or relating to these terms or your use of the website.
E. Class Action Waiver
You agree that any arbitration or legal proceeding shall be conducted solely on an individual basis and not as a class action, collective action, representative action, or private attorney general action. You expressly waive any right to participate in, initiate, or be a member of any class action against the practice.
F. Confidentiality
All mediation and arbitration proceedings, including any filings, evidence, testimony, and awards, shall be strictly confidential and shall not be disclosed to any third party except as required by law.
G. Injunctive Relief Carve-Out
Notwithstanding the foregoing, either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to enforce the arbitration agreement, protect confidential information, or preserve the status quo pending arbitration, without waiving any right to arbitration.
H. Survival
This dispute resolution provision shall survive termination of these Terms and any physician-patient relationship.
3.11 Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in Nassau County, New York, and you hereby consent to the personal jurisdiction and venue of such courts.
3.12 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms, and the remaining provisions shall continue in full force and effect. Notwithstanding the foregoing, if the class action waiver in Section 3.10(E) is found unenforceable as to a particular claim, then the entire arbitration provision (Section 3.10) shall be null and void as to that claim only, and such claim shall proceed in court.
3.13 Entire Agreement and Modifications
These Terms, together with the Privacy Policy, Notice of Privacy Practices, and all other policies incorporated by reference, constitute the entire agreement between you and the Practice regarding your use of the Website. The Practice reserves the right to modify these Terms at any time. Modifications will be effective immediately upon posting to the Website. Your continued use of the Website after any modification constitutes your acceptance of the modified Terms.