Breathe Easy Play Hard Foundation, Inc. operates this website pursuant to a license from Janis I. Schaeffer, M.D., P.C. Janis I. Schaeffer, M.D., P.C. is the owner of all intellectual property rights, including but not limited to trademarks, copyrights, and domain names. If you are under the age of 18, you may not use the products or services provided on the Site. All references hereafter to Janis I. Schaeffer, M.D., P.C. shall include beph.com, and, where appropriate, its employees, officers, directors, investors, agents, consultants, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of Janis I. Schaeffer, M.D., P.C.
By using the Site, you, the user of the Site (“you”), agree to the terms, conditions, notices and guidelines contained in this Terms and Conditions of Use Agreement (the “Agreement”) and all modifications hereto. We reserve the right, at our discretion, to change, modify, add, or remove portions of this Agreement at any time. Visitors to the Site should periodically check for changes to this Agreement. Your continued use of the Site following the posting of changes to this Agreement means you accept those changes. Please e-mail any questions regarding this Agreement using the “Contact Us” section of the Site. You may have this same information sent to you by e-mail by sending a letter to firstname.lastname@example.org. IF YOU DO NOT AGREE TO COMPLY WITH THIS AGREEMENT, PLEASE DO NOT USE THIS SITE.
JANIS I. SCHAEFFER, M.D., P.C. RESERVES THE RIGHT TO REFUSE OR REVOKE SERVICE TO ANY PARTY AT ANY TIME. Such decisions will be made by Janis I. Schaeffer, M.D., P.C. in its sole discretion.
1. Intellectual Property. The Site and all of its content including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, video material, and audio clips (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Janis I. Schaeffer, M.D., P.C. or the party credited as the provider or owner of the Intellectual Property. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Janis I. Schaeffer, M.D., P.C. and protected by U.S. and international copyright laws. All software used on the Site is the property of Janis I. Schaeffer, M.D., P.C. or commercial software suppliers and is protected by U.S. and international copyright laws.
Subject to the terms and conditions hereof, you may view, copy, download, or print material appearing on the Site subject to the following conditions:
- The material may only be used for your personal, non-commercial use;
- The material may not be modified;
- All copyright, trademark, and other proprietary notices contained in all such copies must be kept intact; and
- The copyright notice and permission notice: “© [insert year] Janis I. Schaeffer, M.D., P.C.. All rights reserved. Protected by the copyright laws of the United States and international treaties” must appear on each copy.
The copying, modification, revision, reproduction, republication, uploading, posting, transmission, or distribution for commercial or non-personal purposes of any other material or element from the Site including, but not limited to, the design or layout of the Site, individual elements of the Site’s design, or the beph.com logo without the express written permission of Janis I. Schaeffer, M.D., P.C., or other owners of the Intellectual Property is strictly prohibited. For purposes of this Agreement, the use of any such material on any other website or networked computer environment is prohibited.
2. User Submissions. Any messages, suggestions, materials, photos, works of art or authorship, ideas, or concepts that are submitted through the Site shall become, and remain, the property of Janis I. Schaeffer, M.D., P.C.. You agree that any submissions, in whole or in part, may be used by Janis I. Schaeffer, M.D., P.C. or any of its affiliates for any purpose including modification, reproduction, transmission, publication, broadcast, and posting in any media. You additionally agree that Janis I. Schaeffer, M.D., P.C. is free to use any ideas, concepts, techniques, or know-how contained in any communication you send to or post on or via the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing, and selling products and services based upon such information without any obligation to compensate you or anyone else for them. By making such submissions, you are assigning and transferring any and all right, title and interest in those submissions to Janis I. Schaeffer, M.D., P.C., including any moral rights. You represent and warrant by submitting any materials that such submission does not infringe any third-party intellectual property rights. You agree not to transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic, or profane material, or any other material that could constitute or encourage conduct that could be considered a criminal offense or violate any law. Further, you agree not to use any facilities or resources available on or through beph.com to perpetrate prohibited conduct, whether against beph.com, Janis I. Schaeffer, M.D., P.C. individually, or any other third party. Examples of prohibited conduct include, but are not limited to chain letters, pornography, or other communication that creates a nuisance or is otherwise offensive to the recipient or the beph.com audience.
DO NOT POST YOUR PERSONALLY IDENTIFIABLE CONTACT INFORMATION IN ANY PART OF THE SITE, INCLUDING YOUR EMAIL ADDRESS.
3. Trademarks. The trademarks, logos, and service marks, including but not limited to beph.com, (collectively, the “Trademarks”) displayed on the Site are the trademarks of Janis I. Schaeffer, M.D., P.C. and other parties. Nothing contained in the Site should be construed as granting by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Janis I. Schaeffer, M.D., P.C. or the third party that owns the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in this Agreement, is strictly prohibited.
4. User Responsibilities. If you choose to become a registered user of any of part of the Site, you agree that you will conduct yourself in a mature manner that lends itself to civil discourse. You also agree that you will provide true, accurate, current and complete information about yourself as prompted by the registration process. You also agree to update that information as necessary to maintain its accuracy. If your behavior leads to complaints from other users or you provide any information that is untrue, inaccurate, not current or incomplete, or if Janis I. Schaeffer, M.D., P.C. has reason to believe such information is untrue, inaccurate, not current or incomplete, Janis I. Schaeffer, M.D., P.C. has the right to suspend or terminate your account and refuse you any or all current and future use of any of the Site, or the services beph.com offers.
5. Memberships. Payment for the service or products provided to you at and/or through this Site may be made by automatic credit card or check debit and you hereby authorize beph.com to transact such payments on your behalf.
If you purchase a membership to beph.com, you hereby agree that beph.com may immediately authorize your credit card (or other approved facility) in the amount equal to the then current membership rate. Membership fees are earned upon receipt and are non-refundable whether or not the cancellation is at your request. By making such a purchase you also authorize beph.com to charge the then prevailing membership amount to your credit card (or other approved facility) again during each subsequent membership period. If you decide to terminate your membership you must do so AT LEAST one day prior to the end of the then current period to avoid being charged further. For your convenience, if you do not cancel at least one day prior to the end of the then current membership period, you are agreeing to continue as a member upon the terms and conditions set forth herein, including the continued charging of your credit card (or other approved facility) at the then current periodic rate until you cancel your membership. If you have a question about a transaction on your credit card statement please use the links in the Customer Service section on beph.com to contact customer service.
As a member of beph.com you agree that your membership is non-transferable and may not be assigned or transferred to any other person or entity, nor may you provide any other person or entity access to your subscription, either directly or indirectly. You must keep your password strictly confidential. You agree to be personally liable for all charges you incur during or through the use of the Site. Your liability for such charges shall continue after termination of your membership for any reason.
7. Limits on Liability. Janis I. Schaeffer, M.D., P.C. is not liable for:
- The contents of any communication, message, or other information sent by you or third parties to beph.com, or posted by you or other third parties on any part of the Site;
- The contents of any website not controlled, owned, or operated by Janis I. Schaeffer, M.D., P.C. that is accessed from or linked to any part of the Site;
- Any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure; and
- The results of any interpersonal interactions to which you are exposed or in which you become involved through the Site or other Janis I. Schaeffer, M.D., P.C. services, and
- Any direct, indirect, incidental, special, or consequential damages arising out of or relating to use of or inability to use any of the Site or related services, or download any of the software through any of the Site, even if Janis I. Schaeffer, M.D., P.C. has been advised of the possibility of such damages. If you are dissatisfied with any portion of any of the Site, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue using the Site.
- The Site may include links to other Internet sites, both related and unrelated to the Site. Additionally, other sites may link to the Site with or without the permission of Janis I. Schaeffer, M.D., P.C.. Janis I. Schaeffer, M.D., P.C. is not responsible for the content or availability of these sites. Descriptions of or references to individuals, companies, products, services or publications not owned by Janis I. Schaeffer, M.D., P.C. on the Site or any linked website do not imply any endorsement of such individuals, companies, products, or publications by Janis I. Schaeffer, M.D., P.C.. Janis I. Schaeffer, M.D., P.C. shall not be liable for any damages or costs arising out of or in any way connected with your use or involvement with any of the individuals, companies, products, services, or publications accessed through the Site.
8. Indemnification. You agree to indemnify and hold Janis I. Schaeffer, M.D., P.C., beph.com, its directors, officers, employees, agents and representatives harmless from all claims, liabilities, losses, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to (a) your use of any parts of the Site or related services; (b) your use of any products or services offered by third-parties through the Site; (c) your download and/or use of any of the software available for download through any part of the Site; or (d) your alleged breach of this Agreement
9. Disclaimer of Warranties. The information, material, services, and products (including the products and services offered through the Site and provided by third parties) included on any part of the Site may include inaccuracies, typographical errors, bugs and other problems. Janis I. Schaeffer, M.D., P.C. may make changes or improvements to the Site at any time.
ALL OF THE CONTENT, PRODUCTS AND SERVICES ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JANIS I. SCHAEFFER, M.D., P.C. DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JANIS I. SCHAEFFER, M.D., P.C. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ITS CONTENT, INCLUDING THIRD-PARTY AND SERVICES OFFERED THROUGH THE SITE, ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JANIS I. SCHAEFFER, M.D., P.C. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE WEBSITE AND ITS CONTENT, INCLUDING THIRD-PARTY PRODUCTS AND SERVICES OFFERED THROUGH THE SITE, AVAILABLE ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE.
USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE USE OF ANY INTERACTIVE AREA, ANY SOFTWARE, ANY SOFTWARE DOWNLOADS, AND ANY THIRD-PARTY PRODUCTS AND SERVICES OFFERED THROUGH THE SITE IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
10. Termination. In addition and without prejudice to any other legal or equitable remedies available to Janis I. Schaeffer, M.D., P.C., Janis I. Schaeffer, M.D., P.C. may terminate this Agreement at any time and for any reason whatsoever. You may terminate this Agreement by closing your account with beph.com, and paying any and all outstanding balances owed by you to beph.com under that account. You agree that the entire and sole remedy available to you in case of any complaint or damages incurred by your use of the Site is the refund of your most recent membership fee payment, if any.
11. Jurisdiction. This Agreement shall be governed by the laws of the State of New York applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within the New York City, New York will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. The losing party shall pay all reasonable fees and costs (including attorneys’ fees) resulting from any claim or dispute arising from this Agreement.
The Site is owned and operated by Janis I. Schaeffer, M.D., P.C. from the State of New York, United States of America. Janis I. Schaeffer, M.D., P.C. makes no representation that content on any part of the Site is appropriate or available for use in other locations. Those who choose to access any part of the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Site may contain references to products or services not available in all countries. beph.com does not market all of its products or services in all countries. Software from any part of the Site may be subject to U.S. and Canadian export controls.
12. Miscellaneous. This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. Sections 1, 2, 3, 5, 6, 7, 10, 11, 12 and 13 of this Agreement shall survive any termination or cancellation of this Agreement. If any term of this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import. This Agreement may be assigned by Janis I. Schaeffer, M.D., P.C. at any time.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
13. Equal Opportunity Employer. Janis I. Schaeffer, M.D., P.C. reserves the right to post information about employment opportunities with the company on any part of the Site. Janis I. Schaeffer, M.D., P.C. is an equal opportunity employer, employing people without paying attention to race, sex, religion, nationality, age or disability.
14. The Site is owned and operated by Janis I. Schaeffer, M.D., P.C. For further information about Janis I. Schaeffer, M.D., P.C. or the Site, please visit the “Contact Us” section of the Site. You may have this same information sent to you by e-mail by sending a letter to:
Janis I. Schaeffer, M.D., P.C.
3003 New Hyde Park, Road Suite 204
New Hyde Park, New York 11042
with your e-mail address and a request for this information.