Terms & Conditions
Platform Wellness LLC (“Platform Wellness,” “we,” “us,” or “our”) operates the website located at www.shellybhowmik.com (collectively, the “Site”).
Note, Platform Wellness LLC does not provide medical services. If you become a patient of the medical group, Shelly Bhowmik, MD PLLC, you will be given any applicable policies and practices. These Terms & Conditions apply only to Platform Wellness LLC’s Site.
THE SITE AND ITS CONTENT ARE NOT DESIGNED, INTENDED OR APPROPRIATE TO ADDRESS SERIOUS, EMERGENCY, OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR ANOTHER APPROPRIATELY QUALIFIED HEALTH PROVIDER WITH ANY AND ALL QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. THE SITE PROVIDED BY PLATFORM WELLNESS IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. THE SITE IS NOT INTENDED TO BE USED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. IF YOU BELIEVE THAT THE ILLNESS OR INJURY MAY BE AN EMERGENCY, PLEASE CALL 911 (WHERE 911 SERVICE IS AVAILABLE) OR GO DIRECTLY TO A HOSPITAL EMERGENCY ROOM. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING SUCH ADVICE BECAUSE OF SOMETHING CONTAINED AT THE SITE.
You should always talk to your healthcare professionals for diagnosis and treatment, including information regarding which drugs, nutritional plan or treatment may be appropriate. None of the information on this Site should be understood as a representation or warranty that any particular drug or treatment is safe, appropriate or effective.
1. Applicability. By accessing and using the Site, its content or any portion thereof, you agree to be bound by each of these Terms & Conditions, which are a contract between you (“you”) and Platform Wellness. You agree to comply with all applicable laws and regulations governing the Site. If you do not agree with any of the Terms & Conditions, you are not authorized to access or use the Site for any purpose.
2. Use of the Site. Platform Wellness grants you permission to use the Site for your personal, non-commercial purposes. Your use of the Site is further limited as follows:
You agree not to use the Site for unlawful purposes, and you agree to comply with all applicable laws, rules and regulations while using the Site.
You agree not to use the Site for any commercial purposes, including any advertisement, commercial solicitation or promotion of any specific goods or services.
You may not distribute, modify, copy (except as set forth in these Terms & Conditions), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, translate, sell, reverse engineer, decompile or disassemble, or otherwise use the Site, except as specifically authorized in the Terms & Conditions, without our written permission.
You agree not to incorporate any code into the code of the Site or to use the Site to post or transmit any virus, worm, Trojan Horse, time bomb, spyware, bot, tracking device, screen scraping software or other computer code, file or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use or operation of the Site or any user of the Site.
3. Changes in Terms & Conditions. We reserve the right to modify these Terms & Conditions at any time. We will notify you of any change to these Terms & Conditions. Your use of the Site following any such notice constitutes your agreement to follow and be bound by the Terms & Conditions as modified. The last date these Terms & Conditions were revised is set forth below. We may add to, update, delete from or modify our Site at any time in our sole discretion.
4. Intellectual Property. Subject to the limited license granted herein, Platform Wellness reserves all right, title and interest in all Content. If you violate any portion of the Terms & Conditions, any licenses granted under these Terms & Conditions are revoked, and all Content in your possession must be deleted or destroyed. With the exception of the personal use described above, no Content may be reverse-engineered, decompiled, disassembled, reproduced, retransmitted in any form or by any means (electrical, mechanical, photo reproduction, recordation or otherwise), stored in a retrieval system, translated into a computer language or other language, transcribed, resold, or redistributed without prior express written consent by Platform Wellness.
5. Disclaimer of Warranties. YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. PLATFORM WELLNESS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE. PLATFORM WELLNESS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE SITE. PLATFORM WELLNESS DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, FREE OF VIRUSES OR OTHER MALICIOUS CODE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. PLATFORM WELLNESS DOES NOT WARRANT THE ACCURACY, CURRENCY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
6. Limitation of Liability. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL PLATFORM WELLNESS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF PLATFORM WELLNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE OR THE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. PLATFORM WELLNESS IS NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION OR CONTENT DISPLAYED OR PROVIDED IN THIS SITE. PLATFORM WELLNESS IS NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF A PROVIDER SELECTED ON THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
7. Indemnification. You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Platform Wellness, its subsidiaries, affiliated companies, joint ventures, business partners, providers, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use of or inability to use the Site, or any violation by you of these Terms & Conditions.
8. Errors and Inaccuracies. The content and any other information in the Site, including but not limited to information regarding pricing, may contain typographical errors or other errors or inaccuracies and may not be complete or current. Platform Wellness reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Platform Wellness does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
9. Links to Third Party Sites. As a convenience to Site users, we may provide hypertext links to third-party web sites. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Platform Wellness of the third party, the third-party web site, or the information contained therein. You acknowledge and agree that we are not responsible for the availability of any such website, and that we do not endorse or warrant, and is not responsible or liable for, any such website, its content, its privacy policy or practices, or the acts or omissions of its operators. Your use of the third-party web site may be subject to different terms and conditions.
10. Advertisements. We may display advertisements from third parties on the Site. Such advertisements do not constitute or imply an endorsement, sponsorship or recommendation by us of the third party, the third-party advertisement or the information contained therein. You acknowledge and agree that we are not responsible for the availability of any product, service, web site or anything displayed in the advertisement, and that we do not endorse or warrant, and we are not responsible or liable for, any such advertisement, its content, or the privacy policy, practices or acts or omissions of the third party associated with the advertisement.
11. Termination. You or we may suspend or terminate your account or your use of the Site at any time, for any reason or for no reason. We may also block you access to the Site in the event that (a) you breach these Terms & Conditions; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users, or Platform Wellness.
12. Entire Agreement. Together with the additional terms and conditions applicable to specific areas of the Site or to particular transactions, these Terms & Conditions constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by Platform Wellness of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
13. Choice of Law. This Agreement is made and delivered in, and shall be construed in accordance with the substantive laws of the State of New York without regard to conflict of law principles, convenes.
If you have any questions about these Terms & Conditions or the Site, you may contact us by sending an email to: admin@shellybhowmik.com.
Updated: November 4, 2024