Terms & Conditions

This website and its related services (the “Services”) are provided by Joshua Fink, MD. and is subject to your agreement to comply with the terms and conditions of these Terms and Conditions of Use (“Terms of Use”). Please read it carefully. All information we collect on this Site is also subject to our Privacy Policy, which can be found on our website.  By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. If you do not want to agree to these Terms of Use or our Privacy Policy, you must not access or use the Site. Your continued use of the Site is deemed to constitute your full agreement to all of these Terms of Use.

     This Site is offered and available to users who are eighteen (18) years of age or older and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving the Services provided by the Site under the laws of the United States or other applicable jurisdictions. The Site is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Site and its content, including its Services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Site. Joshua Fink, MD  in no way implies that the information, opinions, advice or other content on the Site is appropriate for each and every individual, or that its services are available outside of the United States. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. Further, simply using or accessing information on this sit doe not constitute nor imply and physician-patient relationship nor a contractual contract nor obligation to provide care and/or professional advice.

You may use the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about our services.

    The information presented on or through the Site is made available solely for general information purposes. Although we attempt to ensure the integrity and accuracy of the Site, it is not under any obligation to update the Content and makes no guarantees whatsoever as to the usefulness, correctness or accuracy of the information on this Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

    This Site does not provide medical advice, including diagnosis. Nothing you read or learn on this Site should be considered to constitute medical advice as the Site is provided for general information and educational purposes only. Information on this Site is not intended to create any physician-patient or provider-patient relationship. The medical/treatment-related information you obtain from this Site might be inappropriate for your own situation or might be misinterpreted.  Joshua Fink, MD and his staff assume no responsibility for how you use the information you obtain from this Site. Although we strive to keep our information up to date, medical information changes rapidly, and some information may be out of date. For advice about your own health situation, including diagnosis and/or treatment, please consult with your personal physician or other healthcare professional.  Discussion of any medical intervention on this Site, including any diagnostic procedure, any surgical or other invasive procedure or any treatment including the use of any drug, device or biologic, does not imply endorsement or recommendation by Dr Fink nor  any of his  employed or affiliated physicians or other healthcare professionals.

     By visiting the Site or by sending e-mails to us, you are knowingly and voluntarily consenting to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you would like to opt out of receiving electronic communications from us, you may do so by using the unsubscribe functions at the bottom of our communications.  

 You may not use the Site in any manner that could damage, disable, overburden or impair the Site. You agree that you are responsible for your own conduct while using the Site and for any consequences thereof. You agree to use the Site only for purposes that are legal, proper and in accordance with these Terms of Use.

You agree that Joshua Fink, MD, at his sole discretion, that your conduct violates any aspect of these Terms of Use and that he may take whatever action it deems appropriate to address such violation including, without limitation, notification of appropriate authorities and removal of your access to the Site.

Any comments or content you submit to us, such as remarks, suggestions, ideas, graphics or other information, becomes and remains the exclusive property of Joshua Fink, MD , even if these Terms of Use or any other agreement you have entered into with us is later terminated or amended. This means that we do not have to treat any such submission (including, but not limited to, product or advertising ideas) as confidential. We will not pay you or anyone else for any information that you provide which is used by us. Additionally, you acknowledge that you have full responsibility for any such submission you make, including its legality, reliability, appropriateness, originality and non-infringement. 

   The Site and its features, functionality and Content (including, but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Joshua Fink, MD,, its licensors or other providers of such material, and are protected by U.S. and/or foreign copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in the Site or any Content is transferred to you, whether as a result of downloading Content or otherwise. You may download and reprint Content for non-commercial, non-public, personal use only and not for further reproduction, publication or distribution. Your computer may temporarily store copies of such materials in related to your accessing and viewing of the Site and Content. You may store files that are automatically cached by your web browser for display enhancement purposes. If you are using this Site as an employee of Joshua Fink, MD,,  you must abide by these Terms of Use, as well as any additional terms or obligations Dr Fink has established for its employees. Except as expressly authorized by this Terms of Use, you may not reproduce, modify, publicly display, publicly perform, republish, download, use, alter, copy, distribute, store, transmit or derive another work from any Content obtained from the Site or the Services, except as expressly permitted by these Terms of Use.

   Nothing in this Site grants to you any license or right to use any trademark, service mark, trade name or logo without prior written permission of Joshua Fink, MD.

   We may provide sponsored links and/or advertisements. Joshua Fink, MD  has no control over the contents of those sites or resources, may  not reviewed these websites, and is not responsible for the contents, accuracy or reliability of any information contained within the websites. The inclusion of any link on our Site does not imply any type of endorsement.   We may also  remove any link or linking program from this Site, at any time, without notice to you.

     This Site, including any Content or information contained within it is provided “as is,” with all faults, with no representations or warranties of any kind, either expressed or implied, of accuracy or reliability

     We make no guarantee that this site shall meet your requirements, nor its 24/7 availability, or that it will be free of malicious software in its various forms.  The user of the site shall assume the entire cost of all servicing, repair or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this Site. You hereby agree to hold harmless and indemnify Joshua Fink, MD, his agents, employees. Affiliates, assignees, free agents, officers,  web hosting services, web design services, business holdings, business affiliations, business and/or personal relations, affiliates, officers, directors, agents, and employees, licensors, suppliers, partners, successors, harmless from and against all liability, losses, damages, and expenses (including, without limitation, defense costs and associated reasonable attorney’s fees and associated costs) associated with any claim, action or demand brought against Joshua Fink, MD arising out of (a) any breach of or violation of these Terms of Use; (b) any information you submit, share or upload on or to the Site; and/or (c) any claim that information or content that you provide violates any applicable law or otherwise infringes the rights of a third party. You shall cooperate fully in the defense of any claim. Joshua Fink, MD  reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

       Further, Joshua Fink, MD, and his affiliates, suppliers, employees, agents, officers or directors shall not be responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of or relating in any way to the Site, Site-related Services, Content or information contained within the Site, and/or any hyperlinked website, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Site, Site-related Services and/or hyperlinked websites is to stop using the Site and/or those Services. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

   You understand and agree that you are personally responsible for your behavior on the Site or the behavior of persons under your control, such as minor children. You agree to indemnify, defend and hold harmless Joshua Fink, MD  his  affiliates, subsidiaries, staff, employees, business partners, business and/or personal relations.  licensors, employees, agents and any third-party information providers to the Services from and against all claims, liabilities, losses, judgments, awards, 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, misuse, or inability to use this Site, the Service, or the Content or any violation by you of these Terms of Use.

   If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, which will remain in full force and effect. Any and all disputes relating to these Terms of Use, the Privacy Policy, your use of the Site, the Service or the Content are governed by, and will be interpreted in accordance with, the laws of the State of New York, without regard to any conflict of laws provisions. All actions must be brought in a federal or state court of competent jurisdiction court located in Westchester County in the State of New York.

   These Terms of Use constitute the entire agreement between you and Joshua Fink, MD with respect to  everything set forth in these Terms of Use. In its sole discretion, Joshua Fink, MD and or his assignee, may revise and update these Terms of Use by updating this posting. All changes are effective immediately . Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes.