Terms and Conditions

INTRODUCTION

Welcome to ProgressiveSpineandSportsMedicine.com. This website is owned and operated by Progressive Spine & Sports Medicine, LLC. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as “User Agreement”), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

This agreement is in effect as of June 22, 2016.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

RESPONSIBLE USE AND CONDUCT

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as “Resources”), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

1. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
2. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account(s).
3. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
4. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
5. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
6. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
7. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we may not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
• Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
• Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
• Contains any type of unauthorized or unsolicited advertising;
• Impersonates any person or entity, including any employees or representatives of Progressive Spine & Sports Medicine, LLC.
8. We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
9. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Progressive Spine & Sports Medicine, LLC, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.
10. You agree to indemnify and hold harmless Progressive Spine & Sports Medicine, LLC and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

PRIVACY

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

LIMITATION OF WARRANTIES

By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:

1. The use of our Resources will meet your needs or requirements;
2. The use of our Resources will be uninterrupted, timely, secure or free from errors;
3. The information obtained by using our Resources will be accurate or reliable;
4. Any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

1. Any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
2. No information or advice, whether expressed, implied, oral or written, obtained by you from Progressive Spine & Sports Medicine, LLC or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

LIMITATION OF LIABILITY

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Progressive Spine & Sports Medicine, LLC will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply

AFFILIATED PROVIDERS

On behalf of Progressive Spine and Sports Medicine (hereinafter “health service provider” or “Progressive Spine”), kindly accept this disclosure in accordance with P.L.2018 c. 32, (“Out-of-network Consumer Protection, Transparency, Cost Containment and Accountability Act”) as it applies to health care providers and physicians.  Pursuant to this new legislation, notice is required to be provided by all physicians, including those at Progressive Spine, as follows:

Please take note that Progressive Spine is affiliated with and/or refers patients to the following facilities and/or health care providers in conjunction with treatment rendered by physicians and medical personnel here at Progressive Spine.  During the course of your care here at Progressive Spine, you may be referred to one of the following health care providers:

Same Day Procedures, LLC

1060 Clifton Avenue

Clifton New Jersey 07013

(973) 773-0101

Surgicare of Oradell

555 Kinderkamack Road

Oradell, New Jersey 07649

(201) 265-8173

Surgicore Surgical Centers

4 Locations in New Jersey

www.surgicoreasc.com

Affinity Radiology

155 State Street

Hackensack, New Jersey

(201) 968-5544

Ramic Medical Imaging

400 Franklin Turnpike

#B

Mahwah, New Jersey 07430

(201) 760-9500

Radiology Associates of Ridgewood

20 Franklin Turnpike

Waldwick, New Jersey 07463

(201) 445-8822

Progressive Diagnostic Imaging

44 Route 23 North

#100

Riverdale, New Jersey 07457

(973) 839-5004

Valley Hospital

223 North Van Dien Avenue

Ridgewood, New Jersey 07450

(201) 447-8000

Barnabas Medical Center

94 Old Short Hills Road

Livingston, New Jersey 07039

(973) 322-5000

Please be advised that Progressive Spine makes no representations or assertions regarding whether these secondary health care providers participate in any health insurance plans nor whether these secondary health care providers accept certain kinds of health insurance.  Furthermore, Progressive Spine makes no representations or assertions regarding accepted insurance and additional health care providers that may provide you services in conjunction with treatment rendered at any of above listed health care providers.  If you have further questions regarding a provider you have been referred to as a result of your care here at Progressive Spine, please contact the provider, or your health insurance provider/carrier directly for more information.

OUT OF NETWORK DISCLOSURE

On behalf of Progressive Spine and Sports Medicine (hereinafter “health service provider” or “Progressive Spine”), kindly accept this disclosure in accordance with P.L.2018 c. 32, (“Out-of-network Consumer Protection, Transparency, Cost Containment and Accountability Act”) as it applies to health care providers and physicians.  Pursuant to this new legislation, notice is required to be provided by all physicians, including those at Progressive Spine, as follows:

Pursuant to the above captioned legislation, health care professionals are required to inform patients whether or not they participate in certain health insurance plans.  Please note, in accordance with this requirement, accept notice that Progressive Spine and Sports Medicine does not currently participate in any private health insurance plan and is not considered an “in-network” provider for such plans.  Progressive Spine & Sports Medicine, which includes Progressive Spine’s treating physicians, are considered “Out-of-Network” Providers.  Progressive Spine is a Medicare participant; meaning Progressive Spine will accept the rates of reimbursement in accordance with Medicare coverage provided to its patients.

Pursuant to the above captioned legislation, please take notice that, upon request prior to the scheduling of non-emergency procedure(s), you may receive, in writing, the amount, or estimated amount that will be billed by Progressive Spine & Sports Medicine for the medical treatment and/or health care service you receive from Progressive Spine.  This disclosure will include the associated Current Procedural Terminology (CPT) Codes associated with the service or procedure.

Pursuant to the above captioned legislation, please take notice that you may be financially responsible for services provided that are deemed “out-of-network” by your health insurance carrier, including costs in excess of, but not limited to, co-pay, deductible, and/or coinsurance (if applicable).  Progressive Spine reserves the right to seek additional reimbursement from you for procedures or services in excess of those benefits provided by your health insurance benefits plan and/or rates of reimbursement allowed by your health benefits plan for “out-of-network” providers, in excess of, and in addition to, co-pay, deductible, or co-insurance (if applicable).

Please take notice that it is advised that you contact your health benefits plan with any questions and for further consultation on costs.

Please take notice that a physician, including those physicians at Progressive Spine, is required to provide you with the name, practice name, mailing address, and telephone number (if that information is known or available) for a health care provider providing services in conjunction with those provided by Progressive Spine, to the extent applicable, when that health care provider is providing the following services:

• Anesthesiology;
• Laboratory;
• Pathology;
• Radiology; or
• Assistant surgeon services.

In the event that Progressive Spine schedule you for facility admission or outpatient facility services, please take notice that you are entitled to the following information:

• When scheduling facility admission or outpatient facility services, a physician is required to:

1. Provide you with the name, practice name, mailing address,

and telephone number of any other physician whose services are scheduled at the

time of pre‐ admission, testing, registration, or admission when non‐emergency services are scheduled;

1. Provide information on how to determine the health benefits plans in which the

other physician participates; and

1. Recommend that you contact your health benefits plan for

consultation on costs.

Please take notice that if the status of a health care professional changes with respect to the health care professional(s) network status, including those physicians here at Progressive Spine, between the time of the disclosures and the provision of the procedure, the health care professional shall notify you of the change.

COPYRIGHTS/TRADEMARKS

All content and materials available on ProgressiveSpineandSportsMedicine.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Progressive Spine & Sports Medicine, LLC, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Progressive Spine & Sports Medicine, LLC.

TERMINATION OF USE

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

GOVERNING LAW

This website is controlled by Progressive Spine & Sports Medicine, LLC. It can be accessed by most countries around the world. By accessing our website, you agree that the statutes and laws of our state (New Jersey), without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

GUARANTEE

UNLESS OTHERWISE EXPRESSED, PROGRESSIVE SPINE & SPORTS MEDICINE, LLC. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at info@ProgressiveSpineAndSports.com.