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Terms & Conditions
Terms & Conditions
Please read these terms and conditions carefully before using this web site. Your use of this web site (the “Site”) is expressly conditioned on your acceptance of the following terms and conditions. By using the Site, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use the Site.
1. Ownership
Except for items in the public domain, the information, photos, graphics, programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and all other materials comprising the Site (collectively, the “Materials”), are wholly owned by (or licensed to) Anita L. Petteway-Tyler, M.D. (Anita L. Petteway-Tyler, M.D.) and/or its content providers. The Site contains copyrighted material, trademarks, and other proprietary information including, without limitation, text, software, photos, video, graphics, music and sound, and the entire contents of the Site is copyrighted under the United States copyright laws. Anita L. Petteway-Tyler, M.D. owns a copyright in the selection, coordination, arrangement, and enhancement of such content as well as in any original content. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Materials without the written permission of Anita L. Petteway-Tyler, M.D. or such other party that may own the Materials.
2. Use of site
Except for your non-commercial personal use, the Site, in whole or in part, may not be sold, reproduced, published, broadcasted via radio or television, or redistributed in any medium, directly or indirectly, for any commercial or non-commercial purpose, or used for advertising or any other purpose. Unauthorized use of the Site and/or the Materials may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other web site or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
By uploading or otherwise submitting a file or other information (”Contribution”) to the Site, you automatically grant, or warrant that the copyright owner of the Contribution has expressly granted, to Anita L. Petteway-Tyler, M.D., a perpetual, royalty-free, irrevocable, worldwide, non-exclusive right and license to use, reproduce, publicly display and/or perform, modify, store, publish, adapt, translate, create derivative works from, and/or distribute the Contribution (in whole or part) and/or to incorporate it in other works in any medium now known or hereafter developed for the full term of any copyright that may exist in the Contribution, as if the Contribution were public domain information. You similarly permit any Internet user to download, store, manipulate, reformat, view, print and display the Contribution for that user’s personal use.
3. Age and Responsibility
You represent that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You understand that you are financially responsible for all uses of the Site by you and those using your login information.
4. Privacy
You have read the Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by Anita L. Petteway-Tyler, M.D. and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the Anita L. Petteway-Tyler, M.D. Privacy Policy.
5. No warranties and Limitation of Liability
Your use of the Site is at your sole risk. You assume full responsibility and risk of loss resulting from the downloading and/or use of files or other material (including software) obtained through the Site. Neither Anita L. Petteway-Tyler, M.D. nor any of its content providers endorse or stand behind the accuracy, truthfulness or reliability of any information provided on or by means of Anita L. Petteway-Tyler, M.D..
THE SITE IS PROVIDED “AS IS”, AND NEITHER Anita L. Petteway-Tyler, M.D. NOR ANY OF ITS SUPPLIERS, CONTENT PROVIDERS, LICENSORS, EMPLOYEES, AGENTS, OR THE LIKE MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. No oral advice or written information given to you by Anita L. Petteway-Tyler, M.D. or any of its content providers, agents, or the like shall create any warranty. Neither Anita L. Petteway-Tyler, M.D. nor any of its content providers, agents, or the like warrants that access to, or use of, the Site will be uninterrupted, virus free, or error-free, or that the Site (including, without limitation, any content on the Site) will meet any particular criteria of performance or quality. Anita L. Petteway-Tyler, M.D., ON BEHALF OF ITSELF AND ALL OF ITS CONTENT PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT Anita L. Petteway-Tyler, M.D. KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE SITE. FURTHERMORE, Anita L. Petteway-Tyler, M.D., ON BEHALF OF ITSELF AND ALL OF ITS CONTENT PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE SITE.
6. Limitation of Liability
Anita L. Petteway-Tyler, M.D. and all of its content providers, agents and the like, in each instance will not be liable for (a) any direct, indirect, incidental, consequential and/or special damages arising out of your use of, or inability to use, the Site, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if Anita L. Petteway-Tyler, M.D. has been advised of the possibility of such damages, and/or (b) damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any file, in each instance whether for breach of contract, tortious behavior, negligence, or under any other cause of action. For further clarity, in all events, Anita L. Petteway-Tyler, M.D. and all of its content providers, agents and the like shall not be liable for the defamatory, offensive, or illegal conduct of other users of the Internet. Some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, so not all of the above limitations may apply to you.
The provisions of this Section 6 and Section 5 above represent a reasonable allocation of the risks under this Agreement. Anita L. Petteway-Tyler, M.D.’s willingness to allow you to use the Site reflects this allocation of risk and the limitations of liability specified herein.
7. Indemnification
You agree to indemnify Anita L. Petteway-Tyler, M.D. and all of its content providers, agents and the like, in each instance from and against any and all claims, suits, liabilities, expenses (including, without limitation, attorneys’ fees), and/or damages arising out of claims based upon your use of the Site including, without limitation, any claim of libel, defamation, violation of legal rights of others (including rights of privacy or publicity), loss of service by other subscribers and/or infringement of intellectual property or other rights.
8. Links
The Site may contain links to web sites operated by parties other than Anita L. Petteway-Tyler, M.D.. Such links are provided for your reference only. Anita L. Petteway-Tyler, M.D. does not control such websites and is not responsible for their contents. Anita L. Petteway-Tyler, M.D. makes no representation or warranty regarding any other web sites or the contents or materials on such web sites. The Site’s inclusion of links to other websites does not imply Anita L. Petteway-Tyler, M.D. 's endorsement of the material on the web sites or any association with their operators. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
9. Governing Law
This Agreement and its performance shall be governed by the laws of the state, United States of America, without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in the state, United States of America, in all questions and controversies arising out of your use of this site and this Agreement.
10. No Waiver
The failure of either party to insist upon or enforce strict performance by the other party of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and Anita L. Petteway-Tyler, M.D. nor the trade practice shall modify any provision of these Terms and Conditions.
11. Modification
Anita L. Petteway-Tyler, M.D. may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.
12. Additional Terms
Additional terms and conditions may apply to purchases of goods and services and other uses of portions of the Site, and you agree to abide by such other terms and conditions.
13. Severability
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
14. Intellectual Property Notices
All contents of the Site are Copyright © 2013. Medical Office of Anita L. Petteway-Tyler, M.D., 150 N.W. 168th Street, Suite 200, North Miami Beach, Florida 33169, U.S.A. All rights reserved.
15. Entire Agreement
These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.
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Privacy Policy
This Website Privacy Policy ("Privacy Policy") and additional policies linked below explain how we collect, use, protect, and treat your personal information and user data. The Website is operated by the Medical Office of Anita L. Petteway, M.D. ("Medical Office" or "we") at https://anitapettewaymd.com ("Website"). This Privacy Policy covers only information and data collected or processed through the Website and not any other information or data collected or processed by third parties who provide products and services on the Website ("Service Providers") or affiliated organizations ("Affiliates"), third party web pages, or websites, products, or services to which we link that do not display a direct link to this Privacy Policy. We are not responsible for the content or privacy practices of other websites, or online or mobile services. By using our Website, you signify your consent to the data practices described in this Privacy Policy.
In addition to this Privacy Policy, the Website and its Services fully comply with the Health Insurance Portability & Accountability Act of 1996 (HIPAA).
I. INFORMATION WE COLLECT:
The information we collect about you includes:
A. Personally Identifiable Information:
Our Website and our Service Providers only collect personally identifiable information ("PII") with your consent. Collection of PII occurs if you register for an appointment on the Website, subscribe to a newsletter, tweet to us, or use other features and resources on the Website. You may visit our Site anonymously, but that may prevent you from engaging in certain Website features or Services. The PII we may collect includes the following:
First Name
Last Name
Telephone Number
Email address
Caller ID information (if available)
B. Non-Personally Identifiable Information:
Our Website and Service Providers may collect non-personally identifiable (anonymous) information ("Non-PII") from visitors. Non-PII cannot identify a specific individual unless combined with Personally Identifiable Information. Examples of Non-PII that may be collected by the Website or required to provide the Services, including:
ZIP code
Cookies
"Cookies" are short computer codes known as cookies, web beacons, and other technologies that collect Non-PII and are stored on your browser when you visit our Website or share Website content through a social media account. The following are examples of Non-PII third party service providers collect with cookies:
Browser type and operating system
Date and time of visit
Referring web page
Links that connected you to the Website
IP address
Mobile Device ID
Medical condition or symptoms
C. California Online Personal Privacy Act Disclosures:
1.We or our Service Providers may drop a Cookie on the browser of Website visitors. We do this to continue to market our Services to you after you leave our Website. The Website does not employ technology to override the privacy settings in your web browser.
2. Our Service Providers may track Website visitors across multiple websites to retarget Website visitors to continue to market our Services to prospective patients after they leave our site. Users logged in to social media programs may be tracked by Service Providers who track such users across multiple websites and who may disregard the privacy settings in your web browsers.
D. Canadian and European Union Users
We do not intend to collect PII from Canadian and European Union users. If you are from the European Union or Canada, do not provide us with PII, use our Services, or the Website. If we learn that we collected PII from a user from the European Union or Canada, we will promptly delete that information.
E. Children
We do not intend to collect PII from children under 13. If you are under the age of 13, do not provide us with PII, use our Services, or the Website. If we learn that we collected PII from a child under 13, we will promptly delete that information.
F. Information about You from Other Sources:
We and our Affiliates and Service Providers may collect personal information about you on the Website and from other sources, including commercially available sources. All the information we collect about you may be combined to personalize your experience, provide you and our clients with Services, to improve our Website and Services, to provide relevant advertising to users, and for other marketing efforts.
II. HOW WE USE YOUR INFORMATION:
Non-PII that we or our Service Providers collect is used to improve marketing and sales efforts, better connect Website visitors with medical office services/providers, and connect medical office services/providers with potential patients. If you elect to provide PII, we may utilize such data to better connect you with an appropriate physician practice group.
A. Visitors who Request Services via the Website
Visitors who volunteer PII on our Website consent to be contacted by us, physician practice groups, or a call center Service Provider. A Service Provider may contact you by telephone and may, among other things, verify your self-reported PII and interest in services or speaking with a physician. We may contact you by telephone even if you have opted into the National Do Not Call list, or any State Do Not Call list
IF YOU DO NOT CONSENT TO BEING CALLED BY A medical office REPRESENTATIVE DO NOT ENTER YOUR PII INTO FORMS ON OUR WEBSITE.
If you do not wish to be contacted again by a medical office representative with respect to your inquiry, you should specifically request that the medical office representative not contact you again. Please note that we may maintain the PII you provided whether you elect to use the Services.
B. Mobile Visitors and Click-to-Call Services
Mobile users who initiate calls by clicking on a telephone number on a mobile Website consent to contacting a medical office representative to verify your PII and connect you with appropriate medical office service/provider.
C. Email Communications and Promotional Offers
If you sign up for one or more of our newsletters, you may receive email communications from us. We may send you email, contact you, or engage you in other communication mediums that relate to your use of the Website and Services. If, at any time, you do not wish to receive email communications about the Website or our newsletters, please use the "UNSUBSCRIBE" link at the bottom of our email.
D. Aggregate or Anonymous Information
We may share Non-PII with Service Providers and other third parties.
E. With Consent
Except as set forth above, you will be notified when PII may be shared with third parties, and will be able to prevent the sharing of this information.
III. HOW WE PROTECT AND RETAIN YOUR INFORMATION
We take security measures to protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data. These include secure socket layers, firewalls and encryption, internal reviews of our data collection, storage and processing practices, and security measures, as well as physical security measures to guard against unauthorized access to systems.
If we retain PII on our systems, we restrict access to PII to employees, contractors, and agents who need to know that information in order to operate, develop, or improve our Website and Services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination, if they fail to meet these obligations.
IV. HOW TO CONTROL AND CORRECT YOUR INFORMATION
We or our Service Providers may retarget users who view https://anitapettewaymd.com. You may elect not to provide user data to us or our Service Providers by following the opt-out procedures set forth below, but our Website may not work properly and/or some of our Services.
A. Learn More about Cookies, Web Beacons, and other Technologies
You can accept or decline Cookies. Most browsers automatically accept Cookies. To learn more about Cookies, including how to refuse Cookies on your computer by adjusting web browser settings, follow these links:
All About Cookies
Google
Google Chrome
Microsoft Internet Explorer
Mozilla Firefox
Flash
B. Opting Out of Cookies:
To opt-out from collection and use of your Web Browsing Data by the Website, use this: NAI opt-out tool provided by the National Advertising Initiative.
To opt-out from tracking by our display advertising, click here. Some of our Service Providers’ cookies do not have an "opt-out" option, but you always have the option of blocking the use of cookies by changing a setting in your Internet browser.
C. How to Control Collection of Your PII Online.
1. Social Media
We may engage with you on third party social media sites like Facebook, if you engage with us. By doing so, you "opt in" to sharing your content with us. Be aware that such content (PII, images, captions, and comments, etc.) that you submit (upload, post, comment, share, "like", etc.) to third party social media sites (including any of our message boards or tweets) is publicly visible, not private and cannot be considered private PII. To manage social media notifications you receive, correct or delete your PII, or adjust your privacy settings, access the profile section of your social media accounts and follow the directions there. To learn more about social media privacy settings, follow these links:
Facebook
Twitter
Google+
2. Service Providers
We work with various Service Providers who may use cookies, web beacons, and similar technologies to collect user data. We are not responsible for our Service Providers’ privacy practices. Please click on the links below to review the privacy policies of our Service Providers:
Google Ad Words
Facebook
Twitter
D. Correcting your Personal Information:
If you have any questions about accessing or updating information we have on file about you, please contact the medical office directly.
By using our Website, you signify your consent to the data practices described in this Privacy Policy and agree that your visit and any dispute over privacy is subject to our Terms of Use, including without limitation, provisions regarding limitations on Company liability and application of the laws of the State of Florida.
V. REVISIONS TO THE PRIVACY POLICY
Please be aware that our Privacy Policy may be changed by updating this page. If we collect personal information or data from or about you, we will use it according to the Privacy Policy in effect at the time the data is gathered. This Privacy Policy, together with the Website’s Terms of Use, contains the entire agreement between you and Company with respect to the Website and any services provided by the Website. You should review this Privacy Policy periodically to ensure you are in agreement with any updates or changes. Your continued use of our website following any changes will mean you accept such changes.