These Website Terms of Use ("Terms") govern your use of the website operated by Cutler Pediatric Medicine, PLLC (the "Practice," "we," "us," or "our") (the "Website").

By using the Website, you acknowledge that you have had an opportunity to review these Terms. The Website does not currently require visitors who are merely browsing to click "I agree" or otherwise affirmatively accept these Terms. If you do not agree to these Terms, you should not use the Website. If a particular service, transaction, patient portal, telehealth service, newsletter, or other feature requires separate terms, consent, or an agreement, those terms or requirements may be presented separately and will apply to that service or transaction.

These Terms apply only to your use of the public Website and do not replace any separate patient agreement, telehealth consent, patient portal terms, Notice of Privacy Practices, or other agreement that may apply to healthcare services.

1. PURPOSE OF THE WEBSITE

The Website provides general educational, informational, and practice-related information concerning pediatric healthcare and the services offered by the Practice.

The Website is not intended to provide individualized medical advice, diagnosis, treatment, or medical recommendations for any particular person.

Suzanne Cutler, MD is licensed to practice medicine in New York. Services are provided primarily by telehealth, and limited in-person visits may be offered if and when available. Depending on the circumstances, the patient, the parent or legal guardian, or both may participate in the telehealth visit. Telehealth services are available only when each person participating in the telehealth visit is physically located in New York at the time of the visit.

2. NO PHYSICIAN-PATIENT RELATIONSHIP THROUGH WEBSITE USE

Using the Website, reading Website content, submitting a general inquiry, sending an email, or communicating through a general Website contact form does not by itself create a physician-patient relationship between you and the Practice or Suzanne Cutler, MD.

A physician-patient relationship is established only through the Practice's applicable patient intake, care process and the Practice's acceptance of the patient for care.

Nothing on the Website creates a duty to provide medical care or guarantees that the Practice will accept any person as a patient.

3. MEDICAL AND EDUCATIONAL DISCLAIMER

Information on the Website is provided for general educational and informational purposes only. It is not a substitute for professional medical evaluation, diagnosis, treatment, or advice from a qualified healthcare professional.

You should not rely on Website content as a substitute for obtaining appropriate medical care for yourself or your child.

Do not disregard professional medical advice, or delay seeking it, because of something you have read on the Website. Children differ by age, weight, health history, and circumstances, and information that is appropriate for one child may not be appropriate for another. Do not use the Website to diagnose or treat a medical condition or to determine medication or dosing.

Medical information can change as new information becomes available. The Practice does not guarantee that all Website content is complete, current, or applicable to every individual or medical situation, and does not undertake to update Website content.

4. NO EMERGENCY OR URGENT CARE

The Website and its communication methods are not intended for emergencies or urgent medical concerns.

Do not use the Website, email, a general contact form, or other Website communication to seek emergency medical care or to report a medical emergency.

If your child is experiencing a medical emergency, call 911 or go to the nearest emergency room.

If your child is in crisis or at risk of harm, call 911 or call or text 988 (Suicide & Crisis Lifeline).

The Practice does not guarantee that Website communications will be received, reviewed, or answered within any particular period of time or at all.

5. WEBSITE COMMUNICATIONS AND SENSITIVE INFORMATION

Do not submit medical records, health information such as diagnoses, test results, medication information, detailed medical histories, financial information, or other sensitive or confidential information through the Website’s general contact form or ordinary email unless specifically requested by the Practice or directed to an approved submission method. These communications may not be secure or confidential. When available and appropriate, use the patient portal or other designated method for communications concerning your or your child’s healthcare.

Submitting information through the public Website does not guarantee that the information will be received, reviewed, or used for clinical decision-making.

6. PATIENT PORTAL

Use of the Practice’s patient portal, may be subject to separate terms, policies, authentication requirements, and privacy practices.

The patient portal is separate from the public Website.

7. SERVICES, FEES, INSURANCE, AND SUPERBILLS

The Practice operates as a private-pay/direct-pay practice and does not bill or accept insurance or Medicaid or other government payors as payment.

The Practice may provide patients with superbills or other documentation that patients may use to seek possible out-of-network reimbursement from their own insurance plans. The Practice does not submit claims to insurance plans on patients' behalf. Records may be released to an insurance company only as permitted by law and, where required, with the patient's written authorization.

The Practice does not guarantee that an insurance plan will reimburse any portion of the cost of services.

Fees for healthcare services are governed by the applicable patient agreement or other applicable Practice terms. Fee information is available before services are scheduled. The Practice may change its fees, policies, and offerings prospectively, subject to applicable law and any Good Faith Estimate already issued.

The Practice does not guarantee that any particular service will be available, that a request for care will be accepted, or that any particular medical outcome will result.

7A. GOOD FAITH ESTIMATE

Federal law entitles patients who do not have health insurance, or who are not using insurance for a particular service, to receive a "Good Faith Estimate" of expected charges for health care items and services when the service is scheduled. You may also request a Good Faith Estimate before scheduling. Federal law sets the timeframes and content requirements for Good Faith Estimates.

If you receive a bill that is at least $400 more than the Good Faith Estimate from that provider, you may be eligible to dispute the bill under the federal No Surprises Act. Save a copy of your Good Faith Estimate and compare it with your bill.

To request a Good Faith Estimate, or to request this information in an accessible format, contact the Practice at:

Telephone: 914-614-8427

Email: info@cutlerpediatric.com

Our Good Faith Estimate notice is available at Full Good Faith Estimate Notice.

For additional information about Good Faith Estimates and your rights under the No Surprises Act, visit www.cms.gov/nosurprises or call 1-800-985-3059.

8. WORKSHOPS, RESOURCES, AND OTHER OFFERINGS

The Website may describe workshops, educational programs, resources, consultations, or other offerings.

Descriptions, schedules, availability, fees, and other details may change without notice. Additional terms may apply to particular programs, purchases, registrations, or services.

9. WEBSITE CONTENT AND AVAILABILITY

The Practice makes reasonable efforts to maintain the Website and its content, but does not guarantee that the Website will always be available, uninterrupted, error-free, complete, accurate, or current.

The Practice may modify, suspend, discontinue, or remove Website content or features at any time.

10. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE AND ALL CONTENT, INFORMATION, MATERIALS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE PRACTICE DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, AND FREEDOM FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

THE PRACTICE DOES NOT WARRANT THAT THE WEBSITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, PRODUCE ANY PARTICULAR RESULT, OR BE AVAILABLE WITHOUT INTERRUPTION OR ERROR.

NOTHING IN THESE TERMS DISCLAIMS OR LIMITS LIABILITY OR A RIGHT THAT CANNOT LAWFULLY BE DISCLAIMED OR LIMITED.

11. THIRD-PARTY WEBSITES AND SERVICES

The Website may contain links to third-party websites, applications, platforms, resources, or services.

Those third parties operate independently from the Practice. The Practice does not control and is not responsible for the content, privacy practices, security, availability, or practices of third-party websites or services.

Your use of third-party websites or services is subject to their own terms and policies.

12. COOKIES, ANALYTICS, AND TRACKING TECHNOLOGIES

The Website may use cookies, analytics tools, and similar technologies, including those provided by third parties. Information about these technologies, the information they collect, and your choices is described in the Website Privacy Policy, available at https://cutlerpediatric.com/privacy-policy.

The Website’s cookie banner allows you to accept or manage cookies and similar technologies. Selecting “Accept Cookies” or a similar option applies only to cookies and similar technologies. It is not acceptance of these Terms and does not create any agreement or relationship with the Practice.

13. CHILDREN AND MINORS

The Website is intended for individuals over 18 years of age, including parents, legal guardians, caregivers, and other adults seeking pediatric healthcare information or services.

The Website is not directed to children or minors.

Additional information concerning information relating to children and minors may be found in the Website Privacy Policy.

14. INTELLECTUAL PROPERTY

Unless otherwise indicated, the Website and its content, including text, graphics, the Practice's name, logos, and related marks, photographs, materials, design, and other content, are owned by or used by the Practice with permission and are protected by applicable intellectual property laws. You may not use the Practice's name, logos, or marks without prior written permission. No right, title, or interest in the Website or its content is transferred to you, and all rights not expressly granted are reserved.

You may access and use Website content for your personal, non-commercial purposes. You may not reproduce, distribute, modify, publicly display, create derivative works from, or commercially exploit Website content without appropriate authorization.

15. PROHIBITED USES

You may not use the Website:

for any unlawful purpose;

to violate the rights of another person;

to interfere with or disrupt the Website or its security;

to attempt unauthorized access to systems, accounts, or data;

to introduce malicious code, viruses, or other harmful material;

to impersonate another person or misrepresent your identity or affiliation;

to use any AI, robot, scraper, or other automated means to access or copy the Website or its content in a manner that violates these Terms, circumvents access controls, or unreasonably interferes with the Website, except as expressly authorized by the Practice or permitted by applicable law;

to send unsolicited advertising or promotional material through the Website; or

in any manner that could damage, disable, overburden, or impair the Website or interfere with another person's use of it.

The Practice may restrict or terminate access to the Website for any use that violates these Terms.

16. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, THE PRACTICE AND ITS OWNERS, PHYSICIANS, EMPLOYEES, CONTRACTORS, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR ITS CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE PRACTICE ARISING OUT OF OR RELATING TO YOUR USE OF THE PUBLIC WEBSITE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO THE PRACTICE FOR USE OF THE WEBSITE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) $100.

These limitations apply only to your use of the public Website. They do not apply to, limit, or waive any right or claim relating to healthcare services provided to a patient, including claims for professional negligence or malpractice.

17. INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify and hold harmless the Practice and its owners, physicians, employees, contractors, agents, and service providers from and against claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

your violation of these Terms;

your misuse of the Website;

your violation of applicable law or the rights of another person; or

information, materials, or content you submit to the Website,

except to the extent caused by the Practice's own wrongful conduct.

This section does not apply to information a parent or guardian submits in good faith when seeking care.

This section applies only to use of the public Website. It does not apply to healthcare services.

18. NO RELIANCE

Website content is provided for general informational and educational purposes and should not be treated as a guarantee, representation, or individualized recommendation concerning your or your child's particular medical circumstances.

You are responsible for obtaining appropriate professional advice concerning your particular situation.

19. GOVERNING LAW AND VENUE

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles that would dictate the application of any other laws.

To the extent permitted by law, disputes arising from or relating to your use of the public Website will be subject to the jurisdiction of the applicable state or federal courts located in New York.

The Website is intended for use in the United States. If you access it from elsewhere, you do so on your own initiative and are responsible for compliance with local laws.

20. SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the remaining provisions will remain in effect.

21. WAIVER

A failure by the Practice to enforce any provision of these Terms does not constitute a waiver of that provision or the Practice's right to enforce it later.

22. CHANGES TO THESE TERMS

The Practice may update or revise these Terms from time to time. Updated Terms will be posted on the Website with a revised effective date.

Your continued use of the Website after updated Terms are posted is subject to the updated Terms, to the extent permitted by applicable law.

The Website does not currently require visitors who are merely browsing to affirmatively accept these Terms. If the Practice later introduces a feature that requires affirmative acceptance, the applicable terms may be presented for acceptance before use of that feature.

23. RELATIONSHIP TO OTHER AGREEMENTS

If you become a patient or use a particular Practice service, separate agreements, consents, policies, notices, or terms may apply to those services. In the event of a conflict concerning healthcare services, the applicable patient or service-specific agreement will govern that service to the extent of the conflict.

24. NO WAIVER OF LEGAL RIGHTS

Nothing in these Terms is intended to waive, limit, or eliminate any right or protection that cannot lawfully be waived, limited, or eliminated. Nothing in these Terms limits any rights you may have under the privacy or consumer protection laws of your state of residence.

25. CONTACT US

Questions concerning these Terms may be directed to:

Cutler Pediatric Medicine, PLLC

Suzanne Cutler, MD

Address: P.O. Box 145, Somers, NY 10589

Telephone: 914-614-8427

Email: info@cutlerpediatric.com