Terms of Use and Privacy Policy

Terms of Use

These TERMS OF USE are between you (USER) and Dr. Marcus Stephens, also known as Nova Brain and Spine of GA ("Site"). These Terms cover your use of this website and the services and information available on this website. You accept these Terms by accessing or using the Site and agree to be bound by these Terms and Privacy Policy. If you do not agree to abide by or be bound by these Terms, then do not access the Site.

1. Modification

Dr. Marcus Stephens and Nova Brain and Spine of GA reserve the right to change the website, Privacy Policy, and other content. For all users, these Terms are effective as of the date of published changes and supersede all previous versions of Nova Brain and Spine of GA Terms.

If any condition shall be deemed invalid, void, or unenforceable, then that condition shall be deemed severable and shall not affect the validity of the remaining conditions.

Your continued use of the Site after such changes are posted constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, you may not use or access the Site.

2. No Medical Advice

The content, including but not limited to text, graphics, images, or other material contained in the Site is for educational/informational purposes only, and is not a substitute for diagnosis, treatment, or medical advice that would be provided by a qualified healthcare professional.

Your reliance on any information or content provided on the Site, whether or not it is provided by a healthcare professional, is solely at your own risk. You should always seek the advice of your physician or health care professional for any questions you may have about your own medical condition.

3. No Minors

You may not access the Site without a parent's permission if you are under 18 years of age.

4. Your Service Account; Email Consent

To use some of the features on the Site, you may be asked to register and provide information about yourself. By utilizing the Site, you consent to receive emails from Dr. Marcus Stephens and Nova Brain and Spine of GA, which may include commercial emails provided such emails are in accordance with and approved by Dr. Marcus Stephens and Nova Brain and Spine of GA.

5. Products and Service Endorsements

Dr. Marcus Stephens and Nova Brain and Spine of GA do not endorse or recommend any specific content, procedures, products, opinions, or any other material or information available on the Site.

6. Nudity

There may be medical-related or health-related materials posted by Dr. Marcus Stephens and Nova Brain and Spine of GA or other third parties that may contain nudity. If you find these materials to be offensive, then you may want to use the Site or Service in such a way as to limit your viewing of this material.

7. Photograph/Video Policy

Healthcare professionals must have consent from individuals and follow all HIPAA requirements before uploading, submitting, or posting any patient photographs or videos.

8. Performance and Usage Information

We may automatically upload performance and usage data for evaluating the Site and the software associated with the Site. This data will not personally identify you.

9. Links to Other Websites

The Service may contain links to other websites maintained by third parties ("Third Party Website") or you may be able to log into the Service through a Third Party Website. Third-Party Websites are not under the control of Dr. Marcus Stephens and Nova Brain and Spine of GA does not endorse or assume any responsibility for the content, information, or functionality of any Third Party Website. As a result, your access or use of any Third Party Website is at your own risk.

Dr. Marcus Stephens and Nova Brain and Spine of GA Terms of Use and Privacy Policy and any other policies do not apply or govern any Third Party Websites.

You expressly relieve Dr. Marcus Stephens and Nova Brain and Spine of GA of any and all liability related to the functionality, content, or information contained on any Third Party Website. In addition, your dealings with or participation in promotions of third parties found on a Third Party Website, including payment and delivery of goods or services, any other terms (such as warranties) are solely between you and the third parties. You agree that Dr. Marcus Stephens and Nova Brain and Spine of GA shall not be responsible for any loss or damage of any kind relating to your dealings with such third parties.

10. Disclaimer of Warranties

Dr. Marcus Stephens and Nova Brain and Spine of GA DISCLAIMS ALL WARRANTIES. We provide the Service "as-is," "with all faults," and "as available." Dr. Marcus Stephens and Nova Brain and Spine of GA and its affiliates disclaim all warranties, guarantees, or conditions. Without limiting the foregoing, to the extent permitted by law, we exclude and disclaim all implied warranties, including those of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement.

IN ADDITION, IN NO EVENT SHALL DR. MARCUS STEPHENS AND NOVA BRAIN AND SPINE OF GA BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY A PARTY (INCLUDING, WITHOUT LIMITATION, BY ANY USER) IN RELIANCE ON ANY CONTENT OR OTHER INFORMATION ABOUT PROFESSIONALS OR PROCEDURES POSTED ON THE SITE.

11. Jurisdiction

Dr. Marcus Stephens and Nova Brain and Spine of GA control and operate the Site from the United States of America in Hampton, GA in Henry County, Georgia. These Terms and the Service are governed by the United States federal law and the laws of the State of Georgia, excluding any conflicts of law provisions. Accessing, browsing, or otherwise using the Site means you now consent to the exclusive jurisdiction of the state and federal courts in Henry County, Georgia and you waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to venue and jurisdiction in the state and federal courts of Henry County, Georgia.

12. Indemnification

You agree to indemnify and hold harmless Dr. Marcus Stephens and Nova Brain and Spine of GA from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney's fees, arising out of or in connection with any content you post or submit to or through the Service, your use of the Service, your conduct in connection with the Service or with other users of the Site, and any violation of this contract or of any law or the rights of any third party.

13. Claim Must Be Filed Within One Year; Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms, Dr. Marcus Stephens and Nova Brain and Spine of GA or the Site or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate shall be determined by final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. Any claim shall be made by filing a demand for arbitration within one (1) year following the event first giving rise to the claim.

The arbitration shall be held in Henry County, Hampton, GA, before one arbitrator.

The arbitration shall be governed by the Federal Arbitration Act and the arbitration shall take place according to the rules of the American Arbitration Association. Judgment on the Award may be entered in any court having jurisdiction. Each of the parties shall bear all of its own costs of arbitration, except the fee for the arbitrator shall be equally split between the parties.

The arbitrator shall not have the authority to modify these Terms or award punitive or exemplary damages to either party. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Seeking any such remedies shall not constitute a waiver of either party's right to compel arbitration.

14. Miscellaneous

These Terms constitute the entire agreement between you and Dr. Marcus Stephens and Nova Brain and Spine of GA regarding the use of the Site, and supersede any prior agreements between you and Dr. Marcus Stephens and Nova Brain and Spine of GA relating to your use of the Site.

The failure of Dr. Marcus Stephens and Nova Brain and Spine of GA to exercise or enforce any right or provision of these Terms or any prior version of these Terms shall not constitute a waiver of such right or provision in that or any other instance.

If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Privacy Policy

This Privacy Policy governs the manner in which Dr. Marcus Stephens and Nova Brain and Spine of GA collects, uses, maintains, and discloses information collected from users (each, a "User") of this website ("Site"). This privacy policy applies to the Site and all products and services offered by Dr. Marcus Stephens and Nova Brain and Spine of GA.

Personal Identification Information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features, or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number.

Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Site-related activities.

Non-Personal Identification Information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users' means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Web Browser Cookies

Our Site may use "cookies" to enhance User experience. Users' web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. Users may choose to set their web browser to refuse cookies or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

How We Use Collected Information

Dr. Marcus Stephens and Nova Brain and Spine of GA may collect and use Users' personal information for the following purposes:

• To improve customer service — The information you provide helps us respond to your customer service requests and support needs more efficiently.
• To personalize user experience — We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
• To improve our Site — We may use feedback you provide to improve our products and services.
• To process payments — We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
• To run a promotion, contest, survey, or other Site feature — To send Users information they agreed to receive about topics we think will be of interest to them.
• To send periodic emails — We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

How We Protect Your Information

We adopt appropriate data collection, storage, and processing practices and security measures to protect against unauthorized access, alteration, disclosure, or destruction of your personal information, username, password, transaction information, and data stored on our Site. Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.

Sharing Your Personal Information

We do not sell, trade, or rent Users' personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates, and advertisers for the purposes outlined above. We may use third-party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.

Third-Party Websites

Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors, and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. Additionally, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.

Embedded Content from Other Websites

Articles on this site may include embedded content (e.g., videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

How Long We Retain Your Data

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What Rights You Have Over Your Data

If you have an account on this site, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Changes to This Privacy Policy

Dr. Marcus Stephens and Nova Brain and Spine of GA has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the top of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect.

You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your Acceptance of These Terms

By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

Contacting Us

If you have any questions about these Terms of Use, Privacy Policy, the practices of this site, or your dealings with this site, please contact us at: