Terms & Conditions

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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

 By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site!

Weber Medical Care PLLC, d/b/a Deeply Vital Medical (“Weber”) may revise and update these Terms and Conditions at any time. Your continued usage of the website, www.deeplyvitalmedical.com  (“Site,”) will mean you accept all changes.

The Site Does Not Provide Medical Advice

 The contents of the Site, such as text, graphics, images, and other material contained on the Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.

If you think you may have a medical emergency, call your doctor or 911 immediately. Weber does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site.  Reliance on any information provided by Weber, Weber employees, or any other professionals or visitors appearing on the Site are solely at your own risk.

Use of Content

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Weber or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Weber. All rights not expressly granted herein are reserved to Weber and its licensors. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Information Collected

If you register through Site to book an appointment or to sign up for any emails or other offers or to purchase a membership, Weber collects and stores the information that you provided. This information includes Personal Information (information that can be used to identify you as an individual) such as your name, social media handle, email, telephone number, home address, and payment information (such as account or credit card number). You may also be asked for demographic information (such as age, product preferences, health needs, zip code) or location information.

Weber and its third–party service providers such as Google Analytics, may also use a variety of technologies that passively or automatically collect information about how the Sites are accessed and used (“Usage Information”), including but not limited to your browser type, device type, IP address, operating system, application version, the pages served to you, the time you browse, preceding page views, products you viewed or searched for, page interaction information (such as scrolling, and mouse-overs) and your use of features or applications on the Sites.

You may change your preferences and unsubscribe from any communication services from Weber by: (i) modifying your registered user information on the Sites; or (ii) following the unsubscribe instructions in the communication that you receive. In accordance with record keeping requirements, Weber may delete certain records that contain Personal Information you have submitted through the Site. Weber is under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons. We will retain your Personal Information for as long as your account is active or as needed to provide you services and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. If you wish to cancel your account or request that we no longer use your Personal Information to provide you services, contact us at [email protected].

Liability of Weber Medical Care PLLC and Its Licensors

 The use of the Site and the Content is at your own risk.

When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Weber and its suppliers. Accordingly, Weber assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.

The Site and the Content are provided on an “as is” basis. WEBER MEDICAL CARE PLLC, d/b/a DEEPLY VITAL MEDICAL, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

Without limiting the foregoing, Weber, its licensors, and its suppliers make no representations or warranties about the following:

  1.   The accuracy, reliability, completeness, correctness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Site.
  2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Site.

In no event shall Weber, its licensors, its suppliers, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental, consequential and punitive damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Weber, its licensors, its suppliers, or any third parties mentioned on the Site are advised of the possibility of such damages. Weber, its licensors, its suppliers, or any third parties mentioned on the Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. Weber, its licensors, its suppliers, or any third parties mentioned on the Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event occurred giving rise to such action. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

Advertisements, Searches, and Links to Other Sites

 Weber may provide links to third-party websites. Weber also may select certain sites as priority responses to search terms you enter and Weber may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Weber does not recommend and does not endorse the content of any third-party websites. Weber is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Weber does not endorse any product, service, or treatment advertised on the Site.

We value your privacy and will not distribute your personal information to outside parties without your consent. Third parties that have content or services on the Site may obtain information about your browsing or usage habits but this information does not include personal information. We do not knowingly permit such third parties to collect any Personal Information from our Sites unless you directly provide it to us and we provide it to them with your consent. If you are a minor under 18 and have a profile on the Site, you may ask us to remove reviews or other content that you posted on the Site by writing to us at [email protected] and providing as much detail as possible (i.e. date and caption) as to the post(s) you want removed. We will begin to process your request within 30 days. Please note that processing your request does not ensure complete or comprehensive removal of content that you posted.

Indemnity

 You agree to defend, indemnify, and hold Weber, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including
without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

General

 Weber Medical Care PLLC, d/b/a Deeply Vital Medical is based in New York, New York, in the United States of America with principal offices in New York, New York. Weber makes no claims that Weber Medical Care PLLC, d/b/a Deeply Vital Medical or any Site within the Weber Network and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Weber Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.

 Notice and Takedown Procedures; and Copyright Agent

 If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this website by contacting Weber Medical Care PLLC copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and (if available) e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Weber Medical Care PLLC agent for copyright issues relating to this website is as follows:

Weber Medical Care PLLC

Attn: Copyright Issue

[email protected]

In an effort to protect the rights of copyright owners, Weber Medical Care PLLC, d/b/a Deeply Vital Medical maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

 

Complete Agreement

Except as expressly provided in particular “legal notice” on the Site, these Terms and Conditions and the Weber Medical Care PLLC Privacy Policy constitute the entire agreement between you and Weber Medical Care PLLC with respect to the use of the Site and Content.

Last Updated: September 19, 2022

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