Terms & Conditions
Effective Date: Feb 6, 2025
Welcome to Big Apple Spine and Orthopedics (the “Company,” “we,” “us,” or “our”). By accessing or using any part of our service (including websites, mobile applications, or related services), you agree to be bound by these Terms & Conditions (“Terms”). If you do not agree to all the Terms, you may not access or use our services.
1. Acceptance of Terms
These Terms & Conditions constitute a legally binding agreement between you (“user” or “you”) and Big Apple Spine and Orthopedics regarding your access to and use of our website(s), mobile application(s), and any other online or offline services we provide (collectively, the “Service”).
By accessing, downloading, or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must refrain from using the Service.
2. Changes to Terms & Conditions
We reserve the right, in our sole discretion, to modify or replace these Terms at any time. If we make material changes, we will notify you by posting the new Terms on this page or through other communication methods.
The “Effective Date” at the top of this page indicates when these Terms were last revised. Your continued use of the Service following the posting of revised Terms means you accept and agree to the changes.
3. Eligibility
You must be at least 18 years of age, or the age of majority in your jurisdiction, to use the Service. By using the Service, you represent and warrant that you meet this requirement, or else you must not use the Service.
4. SMS Program & Mobile Messaging
We may offer the option for you to receive appointment reminders, promotional materials, or other updates via SMS or MMS messaging (“Text Messages”).
By opting in, you acknowledge and agree to the following:
- Consent: You provide consent to receive automated or non-automated Text Messages to the mobile number you have provided.
- Message Frequency: Message frequency may vary based on your activities, appointments, or preferences.
- Message & Data Rates: Standard message and data rates may apply according to your mobile plan. We are not responsible for fees imposed by your wireless carrier.
- Opt-Out: Reply “STOP” to any message to opt out. After this, you may receive one final message confirming your opt-out; no further messages will be sent unless you opt back in.
- Help: Reply “HELP” to any Text Message, or email mvalderrama@bigapple-spine.com for assistance.
- Privacy Policy: Your information will be handled in accordance with our Privacy Policy, which includes a commitment not to share your mobile opt-in information with third parties for marketing purposes.
5. User Accounts
If our Service requires you to create an account, you agree to:
- Provide and maintain accurate, complete, and current information.
- Safeguard your password and credentials.
- Notify us immediately of any security breach or unauthorized use of your account.
You are responsible for all activities or actions under your account.
6. Intellectual Property
All content, logos, text, graphics, data, and software associated with the Service (“Content”) are the property of Big Apple Spine and Orthopedics or its licensors.
You are granted a limited, revocable, non-exclusive, and non-transferable license to use the Content for personal, non-commercial purposes. You may not:
- Reproduce, distribute, or create derivative works from any Content.
- Use any Content without our express written permission.
7. Disclaimer of Warranties
Except as expressly provided, the Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, express or implied.
We do not guarantee that:
- The Service will be uninterrupted or error-free.
- The content will be complete, accurate, or up-to-date.
- The Service will be free from viruses or harmful components.
8. Limitation of Liability
To the fullest extent permitted by law, Big Apple Spine and Orthopedics and its affiliates, licensors, suppliers, or any party involved in creating, producing, or delivering the Service will not be liable for:
- Indirect, incidental, special, consequential, or punitive damages.
- Loss of profits, data, goodwill, or business opportunities.
Your sole and exclusive remedy for dissatisfaction with the Service is to discontinue using it.
9. Indemnification
You agree to defend, indemnify, and hold harmless Big Apple Spine and Orthopedics and its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, judgments, losses, or costs arising from:
- Your violation of these Terms.
- Your use of the Service.
10. Governing Law & Dispute Resolution
These Terms and any dispute arising out of or related to the Service will be governed by the laws of the jurisdiction in which Big Apple Spine and Orthopedics operates.
Any legal suit, action, or proceeding shall be instituted exclusively in the courts located within that jurisdiction.
11. Links to Third-Party Sites
Our Service may contain links to third-party websites or services.
We do not control and are not responsible for:
- The content, privacy policies, or practices of third-party sites.
- Any damage or loss caused by reliance on third-party content.
Use third-party services at your own risk.
12. Termination
We reserve the right, without notice and at our sole discretion, to terminate your access to the Service for any reason.
We are not responsible for any loss or harm related to your inability to access or use our Service.
13. Entire Agreement
These Terms & Conditions, together with our Privacy Policy, constitute the entire agreement between you and Big Apple Spine and Orthopedics regarding the Service.
They supersede all prior agreements regarding the Service, whether written or oral.
14. Contact Us
If you have any questions about these Terms & Conditions, please contact us at: