Terms & Policies

WEBSITE CONDITIONS OF USE:

By using www.sakashhw.com, you agree to these conditions of use.  If you do not agree, do not use this website.  Sakash Health and Wellness, and its employees and contractors will be herein referred to as “the Practice”.

By using this website, you consent to the collection, use, and disclosure of your information as described in the website privacy policy. The Practice may change these conditions of use without notice, and your continued use signifies that you agree to be bound by any changes.

THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE.

All content on this website, including text, images, Social Media, and any information obtained from the Practice’s licensors or third-parties (collectively the “Content”) is for informational and educational purposes only. 

None of the content on this website constitutes medical advice.  If you have concerns about any medical condition, diagnosis, or treatment, you should consult with a licensed healthcare provider.  In case of medical emergency, you should call 911 immediately.

This website does not create or constitute a provider-patient relationship.  This means that you explicitly acknowledge that your use of this website does not create a provider-patient relationship between you and any provider of the Practice and does not create any duty for any provider to follow up with you.

NO UNLAWFUL OR PROHIBITED USE

Unless otherwise expressly stated, the Content is owned by the Practice or its licensors and is protected by United States’ and worldwide copyright laws and treaty provisions.

As a condition of your use of the Practice Web Site, you warrant to the Practice that you will not use the Practice Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Practice Web Site in any manner which could damage, disable, overburden, or impair the Practice Web Site or interfere with any other party’s use and enjoyment of the Practice Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Practice Web Sites.

Subject to your compliance with these conditions of use, and provided that you do not modify, delete, or change any copyright, trademark, or other proprietary notices, you may download one copy of the Content for your personal and non-commercial use.

Except as provided above, you may not copy, reproduce, modify, use, republish, upload, post, transmit or distribute any of the Content, including any trademarks, names or logo, and you may not redeliver or present any of the pages, text, images or the Content using “framing” technology, nor systematically retrieve data, information, or the Content to create a collection, compilation, database, or directory.

All rights not expressly granted are reserved to the Practice.

DISCLAIMER OF LIABILITY AND NO WARRANTY:

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH the practice WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. The practice AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN the practice WEB SITE AT ANY TIME. ADVICE RECEIVED VIA the practice WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

The practice AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON the practice WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. The practice AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL the practice AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF the practice WEB SITE, WITH THE DELAY OR INABILITY TO USE the practice WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH the practice WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF the practice WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF the practice OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF the practice WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING the practice WEB SITE.

Without limiting the preceding paragraphs, you expressly release the Practice of any responsibility and/or liability relating to your use of this website, linked websites, or information contained in this website or linked websites, including any liability or responsibility pertaining to the use, administration, and the use and/or disclosure of your information in accordance with this website privacy policy.

LINKS TO THIRD PARTY SITES:

The Practice Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of the Practice and it is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Practice is not responsible for Webcasting or any other form of transmission received from any Linked Site. Your sole and exclusive remedy for claims arising from any such third-party products or services is against the third-party provider, and not the Practice.

The Practice is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Practice of the site or any association with its operators.  The Practice hereby grants third-party websites the limited right to link to this website.  This limited license does not grant the right to “framing” of the Content or grant any other activity that could create a misimpression or confusion among users with respect to sponsorship or affiliation

USE OF COMMUNICATION SERVICES:

The Practice Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal Web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such *Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.

The Practice has no obligation to monitor the Communication Services. However, the Practice reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Practice reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The Practice reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.  The Practice reserves the right, in sole discretion, to edit, refuse to post, or to remove any information or materials, in whole or in part.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The Practice does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Practice specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Practice spokespersons, and their views do not necessarily reflect those of the Practice.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

INFORMATION PROVIDED TO THE PRACTICE OR POSTED VIA THE PRACTICE WEB SITE:

The Practice has the right (but not the duty) to monitor your use of this website, including any information you provide.  Any information you send to the Practice by email may be misdirected or intercepted by unintended recipients, and thus it may not constitute a confidential medium of communication. If you have confidentiality concerns, please consider using an alternative mode of communication and do not transmit any sensitive or confidential information to us via email.

If you elect to communicate with the Practice by email, you agree that email transmission is used for your convenience.  The Practice does not warrant the confidentiality or security of any email transmission.

You are responsible for all information you send through this website.  This means that you agree not to transmit information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invades the privacy of another person, or any other information that violates any law or confidentiality agreement.  The Practice may edit, delete, modify, or ban such information, and/or take necessary legal action.

The Practice does not claim ownership of the materials you provide to the Practice (including feedback and suggestions) or post, upload, input or submit to the Practice Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting the Practice, its affiliated companies and necessary sublicensees unrestricted use of it for any purpose (including commercial).  You are granting permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. The Practice is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Practice's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you agree: (1) to waive your rights in any Information, (2) to warrant that it is original to you, (3) that you have the right to submit it to the Practice, and (4) that you have no recourse against the Practice for any alleged or actual infringement or misappropriation of any proprietary right in any Information.

The Practice does not have any obligation of confidence to any Submissions, and the Practice disclaims any liability for disclosure of any Information.

You further agree not to:

• Transmit any Information that contains any viruses or other computer programming routines that may damage, interfere with, intercept, or take any system, data, or personal information;
• Impose an unreasonably large amount of Information on this website or otherwise interfere with or inhibit any other user from using or enjoying this website;
• Transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communications;
• Access, use, or copy any portion of the Content using automated mechanisms, such as bots, spiders, scrapers, web crawlers, or indexing agents; and/or
• Impersonate another person, or allow any other person or entity to use your identification for interacting on the Practice’s Social Media (as defined in the website privacy policy).

If you send health information to the Practice to obtain an appointment with one of the Practice’s providers, you agree that such information will be provided to that provider.

INDEMNIFICATION OF THE PRACTICE FOR CLAIMS ARISING FROM YOUR USE OF THE WEBSITe:

You agree that you will indemnify the Practice against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorney fees and costs) arising out of any claims by a third-party relating to your use of this website.

OPERATION OF THE WEBSITE:

The Practice uses reasonable commercial efforts to keep this website available for access on a 24-hour-a-day, seven-day-a-week basis, subject to scheduled downtime for maintenance purposes, unscheduled maintenance, and systems outages.  The Practice, however, does not provide any assurance or warranty that: (1) access will always be available, (2) service will be uninterrupted, (3) its operation will be error-free, (4) defects will be corrected, or (5) the servers that operate the website are free from viruses or other harmful components.

You agree to assume the entire cost of all servicing, repair, or correction to your property arising from your use.

PRIVACY AND SECURITY:

The Practice uses its best efforts to comply with all applicable laws concerning privacy of online communications.  You, however, acknowledge that the Internet is neither more nor less secure than other communications media, including mail, facsimile, and telephone services, all of which can be intercepted and otherwise compromised.  Thus, as a matter of prudence, you should assume that all internet communications are not secure.

PROPRIETARY RIGHTS:

The Content on this website is protected by applicable copyrights, trademarks, service marks, patents, or by other proprietary rights and laws.  You agree not to sell, license, rent, modify, copy, distribute, reproduce, transmit, redistribute, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Content.  Your use of the Content for any purpose that is not expressly permitted in the privacy policy or these conditions of use is prohibited.

Reproduction, copying, or redistribution for commercial purposes of any of the Content is prohibited.

APPLICABLE LAW AND ENFORCEMENT OF CONDITIONS OF USE:

The laws of the state of New Hampshire, without giving effect to its principles of conflicts of law, govern all adversarial proceedings arising out of these conditions of use.  If you take legal action relating to the privacy policy or these conditions of use or your interactions with or relationship to the Practice relating to this website, you agree to file such action only in the state and federal courts located in the State of New Hampshire.

You agree that: (1) if any provision of this agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded; (2) that if an unenforceable provision is modified or disregarded in accordance with this paragraph, then the rest of these conditions of use will remain in effect as written; and (3) that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.

No waiver of any of the privacy policy or these conditions of use shall be effective unless it is in writing and signed by an authorized representative of the Practice and no such waiver writing shall be deemed a further or continuing waiver of such term or any other term or condition. 

The privacy policy and these conditions of use constitute the entire agreement between you and the Practice, relating to your use of this website.

AMENDMENTS AND MODIFICATIONS:

The Practice reserves the right to change the terms, conditions, and notices under which the Practice website is offered at any time and without prior notice. If you use this website after any changes, you agree to be bound by the changes.