Terms of Use
These Terms of Use are effective as of June 1, 2024.
Introduction. By accessing or using any of the Birch Medical Services, PLLC and Birch Medical, LLC (together, “Birch Medical”, “we”, “us”, or “our”) Internet properties including, without limitation, http://www.birch-medical.com, and any others released by the Birch Medical, you agree to comply with and be bound by these Terms of Use. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, you must immediately terminate your use of the Birch Medical websites.
License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Birch Medical websites conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use the Birch Medical websites and the Birch Medical Content (as defined below) for your noncommercial personal use and for no other purpose. Birch Medical reserves the right to bar, restrict or suspend any user's access to the Birch Medical websites, and/or to terminate this license at any time for any reason. Birch Medical reserves any rights not explicitly granted in these Terms of Use.
License Restrictions. Unless otherwise expressly stated in these Terms of Use, or you receive Birch Medical's prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the Birch Medical websites, any Birch Medical Content (as defined below), or any portion thereof.
Your Acceptance. Birch Medical websites are available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and Birch Medical regarding your use and access to the Birch Medical websites. By using the Birch Medical websites you agree to these Terms of Use.
Revisions to Terms of Use. Birch Medical reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the Birch Medical websites. Your use of the Birch Medical websites signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the Birch Medical websites.
Proprietary Rights. The content of the Birch Medical websites includes, without limitation, (i) the Birch Medical's trademarks, (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Birch Medical websites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as " Birch Medical Content"). Birch Medical Content is the property of Birch Medical. You may not use Birch Medical Content except as authorized. You agree Birch Medical Content is exclusively owned by Birch Medical.
Responsibility for Use of the Internet and the Birch Medical websites. Use of the Internet and the Birch Medical websites is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. Birch Medical does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Birch Medical websites over the Internet or other communication network. Birch Medical shall not be obligated to correct or update the Birch Medical websites, the Birch Medical Content and Birch Medical shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the Birch Medical websites.
Disclaimer. Birch Medical Content is provided for informational purposes only, is believed to be current and accurate at the time of posting, and is not intended as, and should not be construed to be, legal, financial, medical, or consulting advice. Physicians and other qualified health care practitioners should exercise their professional judgment in connection with the provision of services and should seek legal advice regarding any legal questions. References and links to third parties do not constitute an endorsement or warranty by Birch Medical and Birch Medical hereby disclaims all express and implied warranties of any kind.
Warranties Disclaimed. THE BIRCH MEDICAL WEBSITES AND BIRCH MEDICAL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." BIRCH MEDICAL NEITHER PROVIDES ANY EXPRESS OR IMPLIED REPRESENTATION NOR WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY ASSOCIATED WITH EITHER THE BIRCH MEDICAL WEBSITES AND BIRCH MEDICAL CONTENT. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
Limitation of Liability. BIRCH MEDICAL SHALL NOT BE LIABLE, AND DISCLAIMS ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE BIRCH MEDICAL WEBSITES AND/OR ANY BIRCH MEDICAL CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE BIRCH MEDICAL WEBSITES AND/OR BIRCH MEDICAL CONTENT; (iii) FROM ANY LOSS OF DATA.
Term and Termination. These Terms of Use will take effect at the time you begin using the Birch Medical websites. Birch Medical reserves the right, with or without notice, at any time and for any reason to deny you access to the Birch Medical websites or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with or violate them. You may terminate these Terms of Use at any time by ceasing to use the Birch Medical website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the Birch Medical websites, including any Birch Medical Content, in your possession.
Governing Law. These Terms of Use and all matters regarding your use of the Birch Medical websites shall be governed by, construed in accordance with, and enforced under the laws of the State of New Jersey applicable to contracts made and executed and wholly performed in the State of New Jersey, without regard to choice of law principles.
Privacy. Birch Medical collects Personally Identifiable Information from you when you expressly disclose the information. Information on this website does not create a healthcare provider-patient relationship, does not constitute medical advice, and the information is only general in nature. The information contained on this website is not a substitute for medical advice, medical recommendations or medical services. Any user of this website is strongly recommended to consult directly with a healthcare provider regarding any medical advice they seek.
Information Collected. Birch Medical collects personal information you voluntarily provide to us when you express an interest in obtaining information about us or our services, use our website or contact us. The information we collect may include, but is not limited to: Names; Phone Numbers; Email Addresses; Mailing Addresses; Contact Preferences; Log Data - When you visit our website, we collect the data (“Log Data”) your web browser sends us which may include your device’s internet protocol (“IP”) address, browser type and version, the pages of our service you visit, the time and date of the visit, time spent on the pages you visit, and other data related to your visit.
Cookies. The Birch Medical websites use small data files called cookies that identify your computer to the online network. When you visit a particular website, it gives your browser a cookie that is stored on your hard drive. This serves as a mechanism to identify your computer when you visit that website in the future. This information is collected to process your information. It is also used for other purposes including sharing it with our business partners and other third parties (some of whom may be located outside the United States).
Children’s information. If you are under the age of 13 years you are not permitted to use this website.
Disabilities. Birch Medical is committed to providing a website that is accessible to as many users as possible regardless of ability. The Birch Medical websites are in compliance with the Americans with Disabilities Act. We continue to actively work to increase the accessibility and usability of our website, and in doing so, adhere to many available standards and guidelines. If you are not able to access or use this website, please Contact Us as indicated below.
DMCA compliance. This website is in compliance with the Digital Millennium Copyright Act (“DMCA”). Should you believe that anything on this website is an infringement of your intellectual property rights, please Contact Us as indicated below. Our DMCA designated agent is Ajay Mirani, MD, Founder and Managing Member Birch Medical Services, PLLC and Birch Medical, LLC.
Contact Us:
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Mailing Address:
Birch Medical
540 North Avenue, Ste. 1
PMB 1013
Union, NJ 07083