Website Privacy Policy and Terms and Conditions for Use

EagleDream Health Inc. (“EagleDream Health”, “us”, “we”, or “our”) operates http://www.eagledreamhealth.com (the “Site”). This document was last edited on 2017-Jan-24.

Purpose
This page informs you of our policies regarding the collection, use and disclosure of ‘Personally Identifiable Information’ (PII) we receive from users of the Site. It has been compiled to better serve those who are concerned with how their ‘Personally Identifiable Information’ is being used online. In particular, we want you to be aware of both our Privacy Policy and the Terms and Conditions for Use that apply throughout your use of this Site.

PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read this Privacy Policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with the Site.

1. Safeguarding Your Privacy – Our Commitment to You

EagleDream Health does not share any client information with non-affiliated third parties for marketing purposes. We never sell any client information to anyone for any reason.

What Personally Identifiable Information We Collect
When you when you fill out a form, click on a link, or enter information on our Site registering on our Site, you may be asked to enter your name, email address or other details to help you with your experience. EagleDream Health collects and retains this information.

Consistent with our Privacy Policy, EagleDream Health may use the information we collect from you in the following ways:

  • To improve the Site in order to better serve you.
  • To allow us to better service you in responding to your customer service requests.
  • To send periodic newsletters, or marketing about products and services we offer.
  • To follow up with you after correspondence (live chat, email or phone inquiries).

What Are ‘Cookies’ and Why Do We Use Them?
Cookies are small files that the Site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the Site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and understand your preferences based on previous or current Site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about Site traffic and Site interaction so that we can offer better Site experiences and tools in the future.

You can find out more about cookies on www.allaboutcookies.org.

Log Data
Like many site operators, we collect information that your browser sends whenever you visit our Site (“Log Data”). This log data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics. We may use third party services such as Google Analytics that collect, monitor and analyze this log data.

Information Usage
In addition to the general uses described above, we may use your information for purposes as allowed by law such as: servicing; communicating with you; improving  the Site, products, or services; legal compliance; risk control; information security; anti-fraud purposes; marketing or personalizing the presentation of our products and services to you; tracking Site usage, such as number of hits, pages visited, and the length of user sessions in order to evaluate the usefulness of our Site; and we also use read-receipt notifications in our email communications.

Our service providers are trusted and bound by obligations of confidentiality to protect your personal information. Our privacy policy and practices are available on the Site and we do not share personal information about you with third parties as already stated in our policy.  If we provide links to third party websites, remember that they have their own privacy and cookie policies that control the use of information you submit.

Managing Cookies
The browsers of most computers, smartphones and other internet access devices are set up to accept cookies. You may change your acceptance of cookies through your browser settings. Your browser’s “help” function will tell you how to do this.

We do not separately maintain a listing of clients who do not wish to accept cookies. You, as a client using an online service, must set your browser to reject cookies to enable the Site not to track your usage. Please remember that if you choose to disable cookies, you will likely affect how the Site works for you and you may no longer be able to access all or parts of the Site.

Protection of Children’s Online Privacy
We do not knowingly collect information from children under the age of 13 without the consent of a parent. The Site is not directed at persons under the age of 13 and should not be used by them. In no event should young persons provide any personal information through the Site. More information about the Children’s Privacy Protection Act (COPPA) may be found at www.ftc.gov.

2. Terms and Conditions for Use

You are accessing the EagleDream Health internet website, www.eagledreamhealth.com. EagleDream Health and some of its affiliated companies and Information Providers not associated with EagleDream Health prepare or provide the information, materials, products and services available or described on the Site.

BY ACCESSING THIS SITE AND ANY OF ITS PAGES, YOU AGREE THAT YOU ARE BOUND BY THESE TERMS AND CONDITIONS FOR USE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS FOR USE, PLEASE EXIT THIS WEBSITE IMMEDIATELY.

Trademark / Copyright / Patents / Restrictions on Use
The pages and the screens are owned and controlled by EagleDream Health unless otherwise indicated and are protected by the copyright laws of the United States of America and international treaty. The copyrighted and trademarked materials on the Site include, but are not limited to, the name “EagleDream Health,” the logos, the content, the text, and the page design and graphics. When you agree to these Terms and Conditions for Use, you are authorized to view the contents of the Site for your information purposes only. You may download copyrighted and trademarked material for your personal or internal business purposes only. You agree that you do not acquire any ownership rights in the copyrighted or trademarked material you download. You may not copy, display, distribute, transfer, link to, reproduce, license, frame, alter, create derivative works from or republish in any form all or any part of the Site for any commercial or public purpose without the prior written consent of EagleDream Health. You may not deep link to any page within the Site. You may not use any EagleDream Health trademark as a link to the Site without the expressed written consent of EagleDream Health. To request to link to the Site, please send your written request to the following address:

EagleDream Health Inc.
Marketing Department
300 Trolley Boulevard
Rochester, NY 14606

Inquiries respecting the use of copyrighted materials or Site linkage may also be directed to us by sending an email to info@eagledreamhealth.com.

Unauthorized use of the Site, including but not limited to unauthorized entry into any EagleDream Health network, unauthorized use of any EagleDream Health product or service, or the misuse of any password or any information or material appearing on the Site is prohibited.

Monitoring
For your protection and the protection of the EagleDream Health network, all activity on the Site may be monitored and recorded, and you agree that EagleDream Health may do so. EagleDream Health may monitor your use of the Site for purposes including but not limited to site and transaction security and usage tracking without prior notice to you.

Information Requests
You may be requested to provide information through the Site to enable EagleDream Health to provide products and services to you. If you respond to a request for information, you agree that the information you provide will be accurate, complete and current. EagleDream Health may use the information you provide to offer you products and services, consistent with the EagleDream Health Privacy Policy.

Linked Sites
The Site may contain links to web sites controlled or offered by a third party not affiliated with EagleDream Health.  EagleDream Health DISCLAIMS LIABILITY FOR ANY INFORMATION, AND THE MATERIALS, PRODUCTS OR SERVICES AVAILABLE, LISTED OR OFFERED AT ANY THIRD-PARTY SITE.

By creating a link to a third-party site, EagleDream Health does not recommend or endorse any product or service offered on or through such site. EagleDream Health is not responsible or liable for any failure of or defect in any product or service offered or advertised on or available through a third-party site. EagleDream Health makes no warranty of any kind, express, implied or statutory, respecting any information, material, product or service provided on or through a third-party site, including but not limited to the accuracy, completeness or timeliness of any such information or material, the non-infringement of the rights of others, the freedom from computer virus or other harmful effects and the merchantability or fitness for a particular purpose of any such product or service. The privacy policies and terms and conditions of third parties not affiliated with EagleDream Health may differ from the EagleDream Health Privacy Policy and Terms and Conditions of Use, and third parties may provide less security on their sites than EagleDream Health.

No Warranty / Other Disclaimers
The information and materials available on this Site are intended for general use or education and are derived or produced from sources believed to be reliable and accurate when produced. However, EagleDream Health does not warrant the accuracy, completeness or timeliness of any such information or material or the appropriateness of the information or material for use by you. EagleDream Health expressly disclaims liability for errors or omission in this information and material. No warranty of any kind, express, implied or statutory, including but not limited to the warranty of merchantability or fitness for a particular purpose, is given in conjunction with this information and material or a product or service available on the Site, except as EagleDream Health may otherwise expressly agree in writing.

You acknowledge that neither EagleDream Health nor any of its employees, agents, information providers or licensors warrant that the products or services provided or made available through the Site or that the Site itself will be uninterrupted, error free or free from computer virus.

Unless otherwise stated, opinions expressed or recommendations made on this Site are the opinions or recommendations of the authors and are not, necessarily, the opinions or recommendations of EagleDream Health.

System response times may vary due to system performance and other factors.

NOTHING IN THESE TERMS AND CONDITIONS OF USE SHALL EXCLUDE OR LIMIT EAGLEDREAM HEALTH’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND EAGLEDREAM HEALTH’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Limitation on Liability
EXCEPT AS EAGLEDREAM HEALTH MAY OTHERWISE AGREE IN WRITING OR AS OTHERWISE REQUIRED BY LAW, YOU AGREE THAT EAGLEDREAM HEALTH IS NOT LIABLE FOR ANY LOSS, COST, LIABILITY OR EXPENSE ARISING BY REASON OF OR IN ANY WAY RELATED TO YOUR ACCESS TO OR USE OF ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE SITE, THE INFORMATION AND MATERIALS AVAILABLE ON THE SITE, THE SITE ITSELF, THE USE OF INTERNET BROWSER SOFTWARE OR ANY COMPUTER VIRUS THAT MAY AFFECT YOUR COMPUTER SYSTEM BY REASON OF YOUR ACCESS TO THIS SITE (PROVIDED THAT EAGLEDREAM HEALTH SHALL HAVE TAKEN REASONABLE PRECAUTION TO PROTECT AGAINST SUCH A VIRUS). IN NO EVENT WILL EAGLEDREAM HEALTH BE LIABLE OR RESPONSIBLE FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, EVEN IF EAGLEDREAM HEALTH HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.

Copyright Policy
EagleDream Health respects the intellectual property rights of others and EagleDream Health asks its users to do the same.  If you are a copyright owner or an agent thereof and believe that any of the content on the Site infringes upon your copyrights, you may submit a notification to EagleDream Health pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing EagleDream Health’s Copyright Agent with the following information in writing as outlined in 17 U.S.C.§512(c)(3):

  • A physical or electronic signature of the owner of the right that is allegedly infringed or a person authorized to act on their behalf;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the copyrighted works;
  • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Site;
  • Information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number, and email address;
  • A statement that the owner or agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate and, under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

EagleDream Health’s designated Copyright Agent for receiving notifications of claimed infringement is:

EagleDream Health Inc.
Marketing Department
300 Trolley Boulevard
Rochester, NY  14606
Attention:  John Taddeo
Via email to:  John.Taddeo@EagleDreamHealth.com

Change in Terms / Modification
EagleDream Health reserves the right to change these Terms and Conditions for Use in whole or in part at any time without prior notice except as otherwise required by law or as otherwise agreed in writing. The current version of these Terms and Conditions for Use are available to you on the Site. If you find these Terms and Conditions for Use, or any of them, unacceptable to you at any time, you shall discontinue your use of the Site. By continuing to access or use of the Site after the date of any change in the Terms and Condition for Use you agree to the then-current Terms and Conditions for Use, and not any older cached version.

EagleDream Health reserves the right to modify or terminate the Site, any product or service available through the Site, any link provided by or to the Site and your access to the Site, in whole or in part, at any time.

Governing Law and Jurisdiction
Applicable federal law and the law of the state of New York govern these Terms and Conditions for Use unless otherwise indicated.  Any dispute, controversy or claim arising out of, relating to or in connection with this contract, including the breach, termination or validity thereof, shall be finally resolved by binding arbitration administered by the American Arbitration Association (the “AAA”).  The arbitration will take place in Rochester, New York.  You and EagleDream Health shall select jointly one arbitrator from a panel of arbitrators submitted to the Parties by AAA who have, to the fullest extent possible, experience with and knowledge of the relevant industry.  If the Parties are unable to select jointly an arbitrator, the AAA shall appoint the arbitrator.  The arbitrator shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate.  You and EagleDream Health agree to arbitrate solely on an individual basis, and that the Terms and Conditions of Use do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.  The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement will remain in force.

Miscellaneous
Waiver.  No waiver of a breach of any term of the Terms and Conditions of Use by EagleDream Health will be effective unless in writing and duly executed by EagleDream Health.  No such waiver will constitute a waiver of any subsequent breach of the same or any other term of the Terms and Conditions of Use.  No failure on the part of EagleDream Health to exercise, and no delay in exercising, any of EagleDream Health’s rights hereunder will operate as a waiver thereof, nor will any single or partial exercise by EagleDream Health of any right preclude any other or future exercise thereof or the exercise of any other right.  No course of dealing between the parties will be deemed effective to modify, amend, or discharge any part of the Terms and Conditions of Use or the rights or obligations of any party hereunder.

Entire Agreement.  Except for the Privacy Policy, the Terms and Conditions of Use contain the entire understanding of the parties with respect to use of the Services and supersede any prior agreements or understandings among the parties with respect to the subject matter hereof.  There are no representations, warranties, or obligations of any party not expressly contained herein.

No Third Party Beneficiaries; No Relationship.  Except as otherwise expressly provided in the Terms and Conditions of Use, there shall be no third-party beneficiaries to the Terms and Conditions of Use.  You agree that no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms and Conditions of Use.

Assignment.  You may not assign your rights under these Terms and Conditions of Use, but EagleDream health may assign its rights in these Terms and Conditions of Use without restriction.

Partial Invalidity.  If any provision of the Terms and Conditions of Use is held invalid or unenforceable by a competent authority, that provision will be construed so as to be limited or reduced to be enforceable to the maximum extent compatible with the law as it shall then appear.  The total invalidity or unenforceability of any particular provision of the Terms and Conditions of Use will not affect its other provisions and the Terms and Conditions of Use will be construed in all respects as if the invalid or unenforceable provision were omitted.