SD MEDICAL ARTS’ WEBSITE TERMS OF USE

PREFACE

Please carefully read the following terms and conditions (“Terms”) governing your use (including accessing, browsing and/or using any interactive features) of the SD Medical Arts website, www.svetlanadanovich.com (the “Site”) and our Social Media accounts (and related applications). You may access the Site through a computer, mobile phone, tablet, console, or other technology, which we refer to here as a “Device”. Your carrier's normal rates and fees apply to your Device.

Different terms may apply in other countries or world regions where a local version of the Site exists.

Use of the Site is subject to these legally binding Terms and constitutes your agreement to be bound by and to act in accordance with these Terms. By accessing and using the Site, you unconditionally agree to the following:

1. CONTACT INFORMATION

SD Medical Arts is a U.S. company founded by Dr. Svetlana Danovich, with its principal office located at 16 East 52nd Street, Suite 801, New York, NY 10022, Tel. 917-793-1700, www.svetlanadanovich.com.

The Site is published by SD Medical Arts and is hosted by DigitalOcean Inc.

2. ELIGIBILITY

You are only eligible to use the Site if you are 18 years of age or over and the legal age of majority in your state or country. By using the Site, you confirm that you possess the legal authority to enter into these Terms, including instructing us and/or our vendors to collect any payments from a credit or debit card, and to use the Site in accordance with these Terms. You confirm that all information supplied by you in using the Site, our Social Media accounts (and related applications) is true and accurate. You may not use the Site for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, malware, ransomware, or any malicious code of a destructive or damaging nature. A breach or violation of any of the Terms may result in an immediate termination of all our services to you and your ability to use the Site.

NOTICE PURSUANT TO THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT OF 1998

The Site is not directed to individuals under the age of 13, nor does it contain information which would be potentially harmful to minors in any way. However, we advise all visitors to the Site under the age of 13 not to disclose or provide any Personally Identifiable Information. In the event that SD Medical Art discovers that a child under the age of 13 has provided Personally Identifiable Information to us, we will delete the child's Personally Identifiable Information in accordance with the Children's Online Privacy Protection Act of 1998.

Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet Service Provider for more information.

3. INTELLECTUAL PROPERTY RIGHTS

All of the content on our Site and Social Media (and related applications) - including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content ("Content") - is owned by SD Medical Arts or others we license Content from or fairly use, and is protected by copyright, trademark, patent and other laws. SD Medical Arts reserves all rights not expressly described in these Terms. All trademarks, service marks, and trade names are owned, registered and/or licensed by SD Medical Art, or SD Medical Arts has another lawful basis to use such trademarks, service marks, and trade names.

You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Site, Social Media (or related applications) or Content. You agree not to change or delete any ownership notices from materials downloaded or printed from the Site or Social Media (or related applications).

No licenses or users' rights will be granted for any of the brands or logos shown on the Site, which may not be used without the prior written agreement of SD Medical Arts.

Other than for your own personal or private use, use of all or part of the Site for commercial or purposes, in particular by means of downloading, reproducing, transmitting, displaying, or distributing, is strictly prohibited. Violations are subject to the penalties provided by law.

SD Medical Arts reserves the right to take legal action, including criminal action, in the event of any infringement of its intellectual property rights.

The reproduction of any documents published on the Site is only authorized for informational purposes and on a purely private basis. Any other use of such reproductions, including for commercial purposes, is expressly forbidden, unless the user has obtained the prior written agreement of SD Medical Arts.

To the extent SD Medical Art approves the download or use of Content from the Site which includes materials protected by copyright, SD Medical Art grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrighted materials solely for personal, non-commercial, use on your personal device only, for as long as SD Medical Art makes such Content generally available to the public. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content). SD Medical Art reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason. Any content you create using SD Medical Art’s Content, name, and/or logos or trademarks shall become our property unless agreed to otherwise by SD Medical Art in writing. SD Medical Art reserves the right to take down any Content in violation of these terms or SD Medical Art’s intellectual property rights. SD Medical Art’s allowing you this limited use does not constitute a waiver of any of SD Medical Art’s rights to the Content.

Outside of the specific usage rights granted to you by SD Medical Art in connection with the Site, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including Submissions (unless it is your own content that you legally post on the Site or Social Media), without SD Medical Art’s prior written consent. Unauthorized use of the Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties.

Hypertext links to the Site can only be created with the prior written authorization of SD Medical Arts, which may revoke its authorization at any time.

Third-party websites that have hyperlinks to the Site are not controlled by SD Medical Arts, which disclaims any liability (particularly, editorial) in connection with the access to such websites and their content. These links do not constitute approval of, or a partnership between, SD Medical Arts and the third-party websites, which are subject to their own conditions of use and privacy policies. SD MEDICAL ART IS NOT RESPONSIBLE FOR THE CONTENT, POLICIES, OR ACTIVITIES OF ANY THIRD PARTIES AND YOU INTERACT WITH THIRD PARTIES AT YOUR OWN RISK.

SD Medical Arts is free to modify the Site's content at any time, without notice.

4. WARRANTIES

THE SITE, CONTENT, AND THE INFORMATION, MATERIALS, AND PRODUCTS MADE AVAILABLE THEREIN ARE PROVIDED “AS IS,” WITH ALL FAULTS, AND ANY THIRD-PARTY WARRANTIES, SERVICES, MAINTENANCE AND SUPPORT ARE PROVIDED BY THE ORIGINAL MANUFACTURER OR SUPPLIER, NOT BY SD MEDICAL ART. SD MEDICAL ART DOES NOT GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR ANYTHING ELSE HARMFUL.

TO THE FULLEST EXTENT PERMITTED BY LAW, SD MEDICAL ART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, CONTENT, AND ANY INFORMATION, PRODUCTS, OR SERVICES YOU MAY OBTAIN OR ACCESS THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

SD MEDICAL ARTS PERIODICALLY ADDS, CHANGES, IMPROVES, OR UPDATES THE INFORMATION ON THE SITE WITHOUT NOTICE. SD MEDICAL ART ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE, INCLUDING BUT NOT LIMITED TO, TYPOGRAPHICAL ERRORS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, SD MEDICAL ART IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT FROM THIRD PARTIES OR USER CONTENT THAT IS PUBLISHED ON THE SITE (INCLUDING POSTS, REPOSTS, OR DIRECT MESSAGES). ALSO, NOTHING CONTAINED ON THE SITE SHALL BE INTERPRETED AS ADVISING YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASE, THE EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE MAXIMUM IT CAN UNDER THE LAW.

You are solely responsible for any damage to your Device resulting from accessing the Site, to the extent applicable law does not provide otherwise. We hope you enjoy and get the full benefit of the Site; however, we do not guarantee any particular results.

All of the information accessible via this Site is supplied “as is”. SD Medical Arts supplies no guarantee, either explicit or implied, and accepts no liability concerning access to or use of this Site, including any damage to, or viruses which may infect, computer equipment or any other property belonging to the user.

SD Medical Arts makes every effort to ensure that the information accessible via the Site is accurate, complete and up to date. However, SD Medical Arts gives no guarantee that this information is accurate, complete and up to date. SD Medical Arts does not give any express or implied guarantee concerning all or any part of the Site.

SD Medical Arts is not liable for the accuracy of the information provided on this Site, or for any errors or omissions which it may contain. The user is solely liable for the use of such information. SD Medical Arts may not in any circumstance be held liable for any direct or indirect damage, whatever its cause, origin, nature and consequences, arising out of the consultation or use of the Site.

5. SUBMISSIONS

By posting or submitting any documents, comments, questions, suggestions, plans, notes, drawings, ideas, proposals, or materials similar thereto (“Submissions”) to SD Medical Arts, through feedback, email message, social media postings, or in any other manner, you hereby explicitly agree that: (a) your Submissions do not contain confidential or proprietary information; (b) you represent and warrant that you have the right to post and/or submit your Submissions; (c) you grant SD Medical Arts a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, fully paid-up, worldwide license to use any name, image or likeness of any person that appears in the Submission, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, sublicense, distribute and assign these rights; (d) your Submissions automatically become the property of SD Medical Arts without any obligation of SD Medical Arts to you, with no right of attribution and no right to compensation; (e) SD Medical Arts is not under any obligation of confidentiality relating to the Submissions, either express or implied; (f) SD Medical Arts, in its sole discretion, shall be entitled to use the Submissions in any way, manner, purpose or otherwise, worldwide, without any further approval or compensation; (g) SD Medical Arts may have under consideration or development similar ideas to the Submissions; and (h) you are not entitled to any compensation or reimbursement of any kind from SD Medical Arts in exchange for the Submissions.

Further, SD Medical Arts may access and use the contents of any Submissions for any lawful purpose. Further, we may disclose the contents of any Submissions to any third party, including any law enforcement agency, to protect our rights or property, or for any other reason.

SD Medical Arts is not responsible for any Submissions others post to the Site or our Social Media (or related applications). SD Medical Arts may, in its sole discretion, remove any Submissions at any time. You understand that deleted Submissions may persist in SD Medical Arts’ systems and on our Social Media to the extent your Submission has been publicly posted or shared with others who have not deleted it, unless you or the relevant individual request deletion or blocking of personal data in accordance with applicable law.

You agree that you will not post any content or information to the Site or our Social Media accounts that may result in civil or criminal liability, and as such you agrees that you will not divulge any illegal information via this Site or our Social Media accounts, or any information which is of a defamatory or libelous nature or which contravenes and/or is detrimental to law and order.

6. LIMITATION OF LIABILITY

Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions or limitations may not apply to you. To the extent they do apply to you, NEITHER SD MEDICAL ARTS NOR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS OR ASSIGNS (“SD MEDICAL ARTS PARTIES”) WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, OUR SOCIAL MEDIA (OR RELATED APPLICATIONS), OR THE CONDUCT OF OTHER USERS OF OUR SOCIAL MEDIA (WHETHER ONLINE OR OFFLINE), OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE SITE/OUR SOCIAL MEDIA (OR RELATED APPLICATIONS), EVEN IF SD MEDICAL ARTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY AGAINST SD MEDICAL ARTS PARTIES IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE SITE/OUR SOCIAL MEDIA (OR RELATED APPLICATIONS), OR ANY CONTENT IS TO STOP USING THE SITE/OUR SOCIAL MEDIA (OR RELATED APPLICATIONS). IF ANY SD MEDICAL ARTS PARTY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE/OUR SOCIAL MEDIA (OR RELATED APPLICATIONS), OR ANY CONTENT, SUCH SD MEDICAL ARTS PARTY’S LIABILITY SHALL NOT EXCEED US$100.00. ANY CLAIMS MADE AGAINST SD MEDICAL ARTS MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF ACCRUAL.

7. PRIVACY POLICY

BY USING OR ACCESSING THE SITE AND/OR OUR SOCIAL MEDIA ACCOUNTS OR RELATED APPLICATIONS IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU ACCEPT THE PRACTICES AND POLICIES OUTLINED IN OUR PRIVACY POLICY (WHICH IS INCORPORATED HEREIN BY REFERENCE AS IF FULLY SET FORTH HEREIN), AND YOU HEREBY CONSENT THAT WE MAY COLLECT, USE, AND SHARE YOUR INFORMATION IN THE MANNER OUTLINED IN THE PRIVACY POLICY. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, PLEASE DO NOT INTERACT WITH, AND NAVIGATE AWAY FROM, THE SITE AND/OR OUR SOCIAL MEDIA ACCOUNTS (OR RELATED APPLICATIONS). IF YOU USE THE SITE AND/OR INTERACT WITH OUR SOCIAL MEDIA ACCOUNTS (OR RELATED APPLICATIONS) ON BEHALF OF ANOTHER INDIVIDUAL OR ENTITY, YOU REPRESENT THAT YOU ARE AUTHORIZED BY SUCH INDIVIDUAL OR ENTITY (OR ARE OTHERWISE AUTHORIZED TO ACT FOR SUCH INDIVIDUAL OR ENTITY) TO ACCEPT THIS PRIVACY POLICY ON SUCH INDIVIDUAL’S OR ENTITY’S BEHALF. YOU REPRESENT AND WARRANT THAT THE INFORMATION THAT YOU ARE SUBMITTING IS ACCURATE.

8. DATA ENTRY ERRORS; LOST OR CORRUPT DATA

SD Medical Arts is not responsible for any errors that are made by you in inputting or submitting data. PLEASE SECURE YOUR INFORMATION AND DO NOT DISCLOSE YOUR FINANCIAL INFORMATION, PASSWORDS AND ANY SENSITIVE INFORMATION TO ANYONE ELSE. If you believe that your data was compromised while using the Site, please notify us immediately at info@svetlanadanovich.com. Under no circumstances shall SD Medical Arts be liable to you for lost or corrupted data, for errors in the documentation provided to you, if any, or for the failure of data archiving. SD Medical Arts will not be liable for any consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party.

9. INDEMNIFICATION AND RELEASE

Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions or limitations may not apply to you. To the extent they do apply to you, You agree to indemnify, defend, and hold harmless SD Medical Arts Parties (defined above), from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your use of the Site and our Social Media accounts (or related applications), your conduct in connection with the Site and our Social Media accounts (or related applications) or with other users, or any violation of these Terms of Use, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the SD Medical Arts Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the Site, and our Social Media accounts (and related applications) and covenant not to sue the SD Medical Arts Parties.

10. TERMINATION

SD Medical Arts may terminate or modify the Site and/or our Social Media accounts (or related applications), product or service at any time without notice.

SD Medical Arts may delete any of your Submissions, and restrict your use of all or any part of our Site, Social Media (or related applications) at any time and for any reason, without any liability to SD Medical Arts, subject to applicable law.

You understand and agree that some of your Submissions, particularly that which is displayed in an activity feed or in other public places on our Social Media accounts, may continue to appear publicly even after your account is terminated, subject to your right to have your Submissions removed upon request in accordance with applicable law. These Terms remain in effect even after your account is terminated or you have stopped using our Site or Social Media accounts (or related applications).

11. DISPUTES

These terms will be governed by and interpreted in accordance with the laws of the state of New York, and you submit to the non-exclusive jurisdiction of the state and federal courts located in the United States of America for the resolution of any disputes.

Any dispute or claim relating in any way to the use of this Site will be resolved by binding arbitration rather than in a court of law, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms. Arbitration shall take place in the county of New York, New York, and under the rules of the American Arbitration Association.

ANY DISPUTE OR CLAIM AGAINST SD MEDICAL ARTS ARISING OUT OF THE SITE OR THE TERMS MUST BE BROUGHT WITHIN ONE (1) YEAR FROM THE DATE OF ACCRUAL OR IT WILL BE DEEMED WAIVED. THIS PROVISION MAY SHORTEN THE STATUTE OF LIMITATIONS IN YOUR JURISDICTION, SO PLEASE TAKE NOTICE.

12. CHANGES TO LEGAL NOTICE

These Terms may be modified at any time and are effective upon publication. We recommend that you consult this page regularly. Some jurisdictions do not permit unilateral updates or changes to consumer terms, so this paragraph may not apply to you. As such, you may wish to keep a copy of the Terms to which you agree.

Last update: June 2024