Terms of Use

 

Medical emergency

Do NOT use the Website for medical emergencies. If you have a medical emergency, call a physician or qualified healthcare provider, or CALL 911 immediately. Under no circumstances should you attempt self-treatment based on anything you have seen or read on the Website.

 

Important

Please read all the following terms and conditions carefully. This Terms of Use Agreement (“Agreement”) is a legal agreement between you and Optimum Health PA, the owner and operator (“Owner”) of this Website (the “Website”). It states the terms and conditions under which you may access and use the Website and all written and other materials displayed or made available through the Website, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software, and code (the “Content”). By accessing and using the Website, you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Website. Optimum Health PA may revise this Agreement at any time by updating this posting. Use of the Website after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review this Agreement. By using this website you agree to its terms of use and our Privacy Policy.

 

General information is not medical advice

The general information provided on the Website is for informational purposes only and is not professional medical advice, diagnosis, treatment, or care, nor is it intended to be a substitute therefore. Always seek the advice of your physician or other qualified health provider properly licensed to practice medicine or general healthcare concerning any questions you may have regarding any information obtained from this Website and any medical condition you believe may be relevant to you or to someone else. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website. Always consult with your physician or other qualified healthcare provider before embarking on a new treatment, diet, or fitness program. Information obtained on the Website is not exhaustive and does not cover all diseases, ailments, physical conditions, or their treatment. The information on this website may not be appropriate or applicable for your individual circumstances. Your use of any content or information on this website at your sole risk.

 

 

No physician-patient relationship

The presentation of general information on the Website does not establish a physician-patient relationship between you and Optimum Health PA or any physician providing content material to this website. This section does not apply to the extent that you are using the Website to communicate with a physician with whom you have an existing physician-patient relationship. Users of this website acknowledge that sharing any of their medical information does not establish physician-patient relationship.

 

No endorsements

Unless specifically stated, Optimum Health PA does not recommend or endorse any specific brand of products, services, procedures, or other information that appears or that may be advertised on the Website.

 

Email communication with the public

Optimum Health PA does not wish to use this Website as a means of communication with the public (i) regarding questions or issues of a medical nature; (ii) to establish physician-patient relationships.

 

Disclaimer of warranties

The Website and the Content are provided “AS IS” and “AS AVAILABLE.” While Optimum Health PA endeavors to provide information that is correct, accurate, current, and timely, Optimum Health PA makes no representations, warranties, or covenants, express or implied, regarding the Website and the Content including, without limitation, no representation, warranty, or covenant that (i) the Content contained in or made available through the Website or any item(s) made available on or through the Website will be of merchantable quality and/or fit for a particular purpose; (ii) the Website or Content will be accurate, complete, current, reliable, timely, or suitable for any particular purpose; (iii) that the operation of the Website will be uninterrupted or error-free; (iv) that defects or errors in the Website or the Content, be it human or computer errors, will be corrected; (v) that the Website will be free from viruses or harmful components; and (vi) that communications to or from the Website will be secure and/or not intercepted. You acknowledge and agree that your access and use of the Website and the Content is entirely at your own risk and liability.

 

Limitation of liability

In no event shall Optimum Health PA, officers, directors, employees, agents, licensors, and their respective successors and assigns be liable for damages of any kind, including, without limitation, any direct, special, indirect, punitive, incidental, or consequential damages including, without limitation, any loss or damages in the nature of, or relating to, lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment, or any other loss incurred in connection with your use, misuse, or reliance upon the Website or the Content, or your inability to use the Website, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if Optimum Health PA knew of or ought to have known of the possibility of such damages.

Optimum Health PA also expressly disclaims any and all liability for the acts, omissions, and conduct of any third-party user of the Website, or any advertiser or sponsor of the Website (“third-party”). Under no circumstances shall the Optimum Health PA, officers, directors, employees, agents, licensors, and their respective successors and assigns, be liable for any injury, loss, damage (including direct, special, indirect, punitive, incidental, or consequential damages), or expense arising in any manner whatsoever from (i) the acts, omissions, or conduct of any third-party; and (ii) any access, use, reliance upon, or inability to use any materials, content, goods, or services located at, or made available at, any Website linked to or from the Website, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if Optimum Health PA knew of or ought to have known of the possibility of such damages

 

Indemnity

You agree to indemnify, defend, and hold harmless Optimum Health PA, officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from (i) your breach of any of the terms and conditions of this Agreement; (ii) your access to, use, misuse, reliance upon, or inability to access or use the Website, the Content, or any Website to which the Website is or may be linked to from time to time or; (iii) your use of, reliance on, publication, communication, distribution, uploading, or downloading of anything (including the Content) on or from the Website

Use of the Website Optimum Health PA authorizes you to access and use the Website for your personal noncommercial use in the United States in accordance with the terms and conditions of this Agreement. You acknowledge and agree that the Website, and its contents, are intended only for residents of the United States.

Copyright The Content is protected by copyright law and is owned by the Optimum Health PA and its licensors, or the party accredited as the provider of the Content. Except as granted in the limited licence herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of its Content, whether in whole or in part, is prohibited without the express prior written consent of Optimum Health PA.

 

Limited license

Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non- transferable, and nonexclusive license to access, view, and use the Website and the Content for your personal, non-commercial use. You are granted the right to download, store, and/or print single copies of items comprising the Content for your personal, noncommercial use, provided that you maintain all copyright and other notices contained in such Content. You may not copy and/or repost items comprising the Content online. You must also abide by any additional requirements governing the use of any specific Content, including trademarks, that may be set out in the Website. In the event of a conflict between the terms of a license governing specific Content and this Agreement, the terms of the specific license shall govern.

 

Trademarks

Other names, words, titles, phrases, logos, designs, graphics, icons, and trademarks displayed on the Website may constitute registered or unregistered trademarks of Optimum Health PA or third parties. While certain trademarks of third parties may be used by the Optimum Health PA under license, the display of third-party trademarks on the Website should not be taken to imply any relationship or license betweenOptimum Health PA and the owner of the trademark or to imply that the Optimum Health PA endorses the wares, services, or business of the owner of the said trademark. This includes any website links to third party websites.

 

Linking to other websites

The Website contains links to third-party Websites. These links are provided solely as a convenience to you and not as an endorsement by Optimum Health PA of any third-party Website or the content thereof. Unless expressly stated, Optimum Health PA does not operate any third-party Website linked to the Website and is not responsible for the content of any third-party Website, nor does it make any representation, warranty, or covenant of any kind regarding any third-party Website including, without limitation, (i) any representation, warranty, or covenant regarding the legality, accuracy, reliability, completeness, timeliness, or suitability of any content on such third-party Websites; (ii) any representation, warranty, or covenant regarding the merchantability and/or fitness for a particular purpose of any third-party Websites or material, content, software, goods, or services located at or made available through such third-party Websites; or (iii) any representation, warranty, or covenant that the operation of such third-party Websites will be uninterrupted or error free, that defects or errors in such third-party Websites will be corrected, or that such third-party Websites will be free from viruses or other harmful components. While Optimum Health PA encourages links to the Website, it does not wish to be linked to or from any third-party Website which contains, posts, or transmits any unlawful or indecent information of any kind, including, without limitation (i) any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, territorial, national, international law or regulation which may be damaging or detrimental to the activities, operations, credibility, or integrity of Optimum Health PA; or (ii) any Website which contains, posts, or transmits any material or information of any kind which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark, or other proprietary rights. Optimum Health PA reserves the right to prohibit or refuse to accept any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Website upon the request of Optimum Health PA.

 

Submissions

The Website may provide features which allow you to post messages and content to designated areas on the Website, to participate in chat groups, to interact with Optimum Health PA and other users and to upload files, documents, or other materials (“Submission(s)”). Submissions do not include communications between you and your physician pursuant to the physician-patient relationship. Optimum Health PA does not control the content of any Submissions and has no obligation to monitor the Submissions. However, Optimum Health PA reserves the right at all times to disclose any information necessary to satisfy any law, regulation, or governmental or law enforcement request, or to edit, refuse to post, or refuse to remove any Submission, in whole or in part, that, in Optimum Health PA sole discretion, are objectionable or in violation of this Agreement. You acknowledge that you alone are responsible for the content of your Submissions and the consequences thereof.

 

Rules of conduct regarding Submissions

When using any of the features of the Website which allow you to post, upload, or make Submissions, it is a condition of your use of the Website that you do not: 1. Restrict or inhibit any other user from using and enjoying the Website, interfere or attempt to interfere with the proper workings of the Website, or do anything, which in the sole discretion of the Optimum Health PA, imposes an unreasonable or disproportionately large load on the Website infrastructure; 2. Post or transmit any unlawful, abusive, defamatory, or obscene information of any kind, including, without limitation, any submission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, territorial, national, or international law or regulation; 3. Post or transmit any Submission, including, without limitation, articles, images, stories, software, or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from Optimum Health PA or rights holder; 4. Post or transmit any Submission which contains a virus or other harmful component; 5. Post or transmit “junk mail,” “chain letters,” unsolicited mass mailing, or “spam”; and 6. Use or “mine” the Website for commercial purposes, including, without limitation, posting, uploading, or transmitting any Submission which contains advertising, which engages in commercial activities, solicitations or sales, or which involves contests, sweepstakes, advertising, and pyramid schemes.

 

Grant of license regarding Submissions

By posting or uploading Submissions to the Website, you grant the Owner a royalty-free, perpetual, non- exclusive, irrevocable, unrestricted, worldwide license to (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform, or display such Submissions for any purpose; and (ii) to sublicense to third Page 5 parties the unrestricted right to exercise any of the foregoing parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above license, you hereby (i) waive all moral rights in your Submission in favor of Optimum Health PA; (ii) consent to your name, address, and e-mail appearing as the contributor of your submission, where applicable, and to the disclosure and display of such information and any other information which appears in or is associated with your Submission; (iii) acknowledge and agree that Optimum Health PA is not responsible for any loss, damage, or corruption that may occur to your Submission; and (iv) acknowledge and agree that your Submission will be non-confidential.

 

Registration

To use certain features of the Website, you may be asked to create an account with the Website. When you register with the Website, you agree (i) to provide true, accurate, current, and complete information about yourself as prompted by any registration form; and (ii) to maintain and promptly update the information to ensure it remains true, accurate, current, and complete. If Optimum Health PA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Optimum Health PA has the right to suspend or terminate your access to all or part of the Website. Optimum Health PA use of any personally identifying information you provide as part of the registration process is governed by the terms of our Privacy Policy.

 

Passwords

You are responsible for maintaining the confidentiality of the Password you use in association with your account and are responsible for all activities that occur under your User Name and Password. You agree to notify Optimum Health PA immediately of any unauthorized use of your Password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Optimum Health PA will not be liable for any loss or damage arising from Dr. Reed Miloy LLC’s failure or your failure to protect your Password or account information.

 

Software license and ownership

All software embedded in or located on or at the Website, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (“Software”) is protected by copyright and may be protected by other rights. All such Software is owned by Optimum Health PA, its licensors, or the party accredited with ownership of such Software. You are hereby granted the right to access and use the Software embedded and integrated into the Website, subject to (i) the terms and conditions of this Agreement; and (ii) any additional conditions which may be imposed on your access and use of such Software. If the Website provides Software for download, unless otherwise provided, you are hereby granted, subject to the terms of this Agreement and to any other specific terms and conditions that may apply to your downloading and use of such Software, a personal, non-transferable, non-exclusive license to (i) install and run one copy of the Software in object code format on a non-networked computer for your personal, non-commercial use; and (ii) to reproduce the Software only as reasonably required to install, run, and make reasonable backup copies as allowed by law. Except to the extent expressly permitted in this Agreement, you may not (i) use, reproduce, modify, adapt, translate, upload, download, or transmit the Software in whole or in part; (ii) sell, rent, lease, license, transfer, or otherwise provide access to the Software; (iii) alter, remove, or cover any trademarks or proprietary notices included in the Software; and/or (iv) decompile, disassemble, decrypt, extract, or reverse engineer the Software or assist others in doing so. Other than the limited license granted herein, nothing contained in the Website shall be construed as granting you any right, title, interest, or other license in or to any Software embedded or integrated into the Website or made available for download from the Website, including, but not limited, to any intellectual property rights in the Software. All Software embedded or integrated into the Website is provided “as is,” without warranties of any kind, either expressed or implied, including, without limitation, any warranty (i) that the Software is of merchantable quality and/or is fit for any particular purpose; (ii) that the Software will conform with any specification(s) relating to the Software; (iii) that the Software will be free from material defects; (iv) that the Software contains no computer viruses or other contaminants; or (v) that the Software shall process date and time-related data without causing any processing interruptions, abnormal termination, or process or manipulate any time-related data.

 

Tools

Any tools or calculators provided on the Website are provided for general and illustrative purposes only. Such tools and/ or calculators are not medical advice nor are they intended to be a substitute therefore. You should not act or abstain from acting based on any information provided by any such tool or calculator available on this Website.

 

Security

Any information sent or received over the Internet is generally not secure. Optimum Health PA cannot guarantee the security or confidentiality of any communication to or from the Website.

Optimum Health PA takes reasonable measures to protect your information, but cannot give complete assurance that all information will remain secure. It is possible under some conditions that third parties may be able to access the server and view your information. It is technically possible for your information to be viewed by a third party while it is in-transit over the Internet. By submitting information to Optimum Health PA, you agree and acknowledge that you are aware of said risks. You acknowledge and agree that Optimum Health PA is not liable nor responsible for any consequences of illegal acts committed by third parties such as hacking.

 

Modification to Website

Optimum Health PA reserves the right any time, and from time to time, to modify or discontinue, temporarily or permanently, the Website (or any part thereof ) with or without notice to you. Optimum Health PA shall have no liability to you or any third party for any modifications, suspension, or discontinuance of the Website or any part thereof.

Use prohibited where contrary to law Use of this Website is unauthorized in any jurisdiction where the Website or any of the Content may violate any laws or regulations. You agree not to access or use the Website in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of this Agreement) is entirely at your own risk.

 

Governing law and jurisdiction

The Website is operated by Optimum Health PA from its offices in the state of Texas and the United States. You agree that all matters relating to your access or use of the Website and its Content shall be governed by the laws of the state of Texas or United States applicable therein, without regard to conflict of laws principles. You agree and hereby submit to the exclusive and preferential jurisdiction of the courts of the state of Texas with respect to all matters relating to your access and use of the Website and the Content as well as any dispute that may arise therefrom and that the applicable law shall be the law of the state of Texas and the United States. You agree to not initiate nor participate in any class actions against Optimum Health PA or bring any claim under or related to these Terms of Use. Furthermore, you agree to inform Optimum Health PA in writing of any grievance or harm which you believe may have arisen related to your use of this website 45 days prior to you pursuing any legal action. This time will be used to resolve the harm prior to initiating any action.

 

Waiver

Any consent by Optimum Health PA to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach.

 

Severability

The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement.

 

Notice

Questions or comments regarding the Website should be directed by email to office.miloy@gmail.com.

 

Termination

Optimum Health PA may, in its sole discretion, cancel or terminate your right to use the Website, or any part of the Website, at any time without notice. In the event of termination, you are no longer authorized to access the Website, or the part of the Website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Website and the disclaimers and limitations of liabilities set forth in this Agreement, shall survive termination of this Agreement. Optimum Health PA shall not be liable to any party for such termination

 

Contributions/Donations

In the process of making a supportive financial contribution, donation in way of this website, you will be required to supply credit card information or other form(s) of payment information. In addition you may be asked to provide a billing address, card expiration date and shipping information. You acknowledge by making a donation via this website that you possess all authority required to make said donation using whatever form of payment mechanism you choose. This may include but is not limited to a traditional credit card, debit card or some form of digital payment method such as Apple or Google Pay. The act of submitting your payment, billing and shipping information, grants Optimum Health PA full right to share said information with third parties so they may process and facilitate your financial contribution. You accept, agree and acknowledge that Dr. Reed Miloy LLC has no control, influence or is any way responsible for how third parties process, transmit, utilize, share or store your payment, billing and shipping information.

 

Arbitration

Any grievances or claim relating to these Terms of Use by you will be heard and resolved by an impartial arbitrator in accordance with proceedings and rules administered by the American Arbitration Association regarding commercial disputes. The arbitration shall be conducted in Austin, Texas and brought solely by you and no other parties. All proceedings, submissions to the arbitrator and any amount of compensation/award shall remain remain confidential.

 

Entire Agreement

This is the entire plus our Privacy Policy is the entire Agreement between you and Optimum Health PA relating to your access and use of the Website.