TERMS OF SERVICE and PRIVACY STATEMENT
TERMS OF SERVICE
OVERVIEW
This website ( https://www.philadelphiapediatrics.org/) is operated by Brian R. Torcato, MD PC. Throughout the site the terms “we”, “us” and “our” refer to Brian R. Torcato, MD PC and both the terms "site" or "website" refer to the website (https://www.philadelphiapediatrics.org/. Brian R. Torcato, MD PC offers this website and web portal, including all information, tools and services available from this site and web portal to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
By using this site you consent to the use of cookies. Cookies can be managed in your browser or device settings.
SECTION 1 - WEBSITE USE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents over the age of thirteen years to use this site. Furthermore, you accept that this website is not directed at minors and especially not directed at minors less than thirteen years of age on the date of use of this website.
You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities.
We have made every effort to display as accurately as possible the services that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Brian R. Torcato, MD PC MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE INFORMATION ACCESSED, PROVIDED, AND USED THROUGH THIS WEB SITE . YOU AGREE THAT ACCESS TO AND USE OF the WEBSITE and any information therein including, without limitation, the Ages and Stages Questionnaire - 3, or the NICHQ Vanderbilt Assessment Scales (1st edition), or the NICHQ Vanderbilt Assessment Scales, 2nd edition (2012), CAARS™Conners’ Adult ADHD Rating Scales, Conners 3™ (Conners 3rd Edition™), Parents' Evaluation of Developmental Status (PEDS), PEDS: Developmental Milestones (PEDS:DM), The Modified Checklist for Autism in Toddlers (M-CHAT) and MCHAT (R), AND MCHAT (RF) IS AT YOUR OWN RISK. Brian R. Torcato, MD PC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER Brian R. Torcato, MD PC NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE INFORMATION ON THE WEBSITE (Autism Spectrum Rating Scales™), the Ages and Stages Questionnaire - 3, or the NICHQ Vanderbilt Assessment Scales (1st edition), or the NICHQ Vanderbilt Assessment Scales, 2nd edition (2012), CAARS™Conners’ Adult ADHD Rating Scales, Conners 3™ (Conners 3rd Edition™), Parents' Evaluation of Developmental Status (PEDS), PEDS: Developmental Milestones (PEDS:DM), The Modified Checklist for Autism in Toddlers (M-CHAT) and MCHAT (R), AND MCHAT (RF), WILL BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE the Ages and Stages Questionnaire - 3, or the NICHQ Vanderbilt Assessment Scales (1st edition), or the NICHQ Vanderbilt Assessment Scales, 2nd edition (2012), CAARS™Conners’ Adult ADHD Rating Scales, Conners 3™ (Conners 3rd Edition™), Parents' Evaluation of Developmental Status (PEDS), PEDS: Developmental Milestones (PEDS:DM), AND The Modified Checklist for Autism in Toddlers (M-CHAT) and MCHAT (R), AND MCHAT (RF) AND FOR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. THIS LIMITATION INCLUDES DAMAGES TO, OR FOR ANY VIRUSES THAT INFECT, YOUR COMPUTER EQUIPMENT.
The Ages and Stages Questionnaire - 3 is a copyrighted instrument of Paul H. Brookes Publishing Co., Inc.
Written permission from Brookes Publishing is necessary before adapting, translating, reformatting, reprinting, or reproducing (except as covered by the ASQ-3 Photocopying Release or ASQ:SE-2 Photocopying Release) the questionnaires, the User’s Guides, any related materials, or any part thereof in any way. To apply for permission, please complete a Permission Request Form online at www.brookespublishing.com/customer-service/permissions/.
www.agesandstages.com is the website for the Ages and Stages Questionnaire - 3 (Copyright © 2014 - 2015 | Paul H. Brookes Publishing Co., Inc. All Rights Reserved).
The NICHQ Vanderbilt Assessment Scales (1st edition) are a Copyright ©2002 of the American Academy of Pediatrics and National Initiative for Children’s Healthcare Quality (NICHQ). The NICHQ is the original source. The American Academy of Pediatrics holds copyright for Caring for Children with ADHD: A Resource Toolkit for Clinicians, 2nd Edition, 2012. The NICHQ Vanderbilt Assessment Scales, 2nd edition (2012) are included in the Resource Toolkit for Clinicians.
The NICHQ Vanderbilt Assessment Scales serve as a screening test for ADHD. The result of this screening, upon consultation with your child’s physician, psychologist, or other appropriately qualified and licensed provider, and in conjunction with other tests, examinations, and assessments will be part of the diagnostic process. The results and scores of the NICHQ Vanderbilt Assessment Scales depend upon the responses entered by the informant and therefore reflect the accuracy of these responses as well as the informant’s understanding of the questions.
The use of this single instrument along should never be used to make a diagnosis of the ADHD and/or therapeutic decisions. The instrument is a screening test and must be followed up by further consultation and testing with the child’s licensed qualified provider(s).
CAARS™Conners’ Adult ADHD Rating Scales (C. Keith Conners, Ph.D., Drew Erhardt, Ph.D., Elizabeth Sparrow, Ph.D.) serves as a screening test for ADHD and is a copyrighted instrument of Multi-Health Systems (MHS). The result of this screening, upon consultation with your physician, psychologist, or other appropriately qualified and licensed provider, and in conjunction with other tests, examinations, and assessments will be part of the diagnostic process. The results and scores of the CAARS™Conners’ Adult ADHD Rating Scales depend upon the responses entered by the informant and therefore reflect the accuracy of these responses as well as the informant’s understanding of the questions.
The use of this single instrument along should never be used to make a diagnosis of the ADHD and/or therapeutic decisions. The instrument is a screening test and must be followed up by further consultation and testing with your licensed and qualified provider(s).
The Conners 3™ (Conners 3rd Edition™), (© MHS Assessments (MHS Inc.) authored by C. Keith Conners, Ph.D. was designed to effectively identify symptoms, behaviors, and associated features of ADHD and co-morbid disorders in children and adolescents ages 6 to 18 years (for the parent edition).
The result of this screening, upon consultation with your child’s physician, psychologist, or other appropriately qualified and licensed provider, and in conjunction with other tests, examinations, and assessments will be part of the diagnostic process.
The use of this single instrument along should never be used to make a diagnosis of ADHD or other disorders and/or therapeutic decisions.
PEDSTest.com publishes measures that comply with American Academy of Pediatrics policy on early detection via surveillance and screening:
Parents' Evaluation of Developmental Status (PEDS) –a surveillance and screening tool, for children 0 to 8 years, that elicits and addresses, with evidence-based support, parents’ concerns about development, behavior and mental health. PEDS saves time, promotes family collaboration and willingness to return for future visits. It is published in many languages and includes abundant information to support helping parents learn about child-rearing.
PEDS: Developmental Milestones (PEDS:DM)—a surveillance and screening tool for children 0 – 8 years that enables a swift view of children’s skills in development and mental health, including expressive and receptive language, fine and gross motor skills, self-help, academics, and social-emotional skills. The PEDS:DM also includes the autism-specific screening (M-CHAT).
PEDS Online - the electronic application of PEDS, PEDS:DM, and the Modified Checklist of Autism in Toddlers.
PEDSTest.com, LLC (the new name for Ellsworth and Vandermeer Press and Forepath.org) holds the international copyright for two developmental-behavioral screening tests and for their electronic applications: Parents' Evaluation of Developmental Status (PEDS), PEDS: Developmental Milestones (PEDS:DM)
and PEDS Online.
The Modified Checklist for Autism in Toddlers (M-CHAT) is a validated developmental screening tool for toddlers between 16 and 30 months of age. It is designed to identify children who may benefit from a more thorough developmental and autism evaluation. The M-CHAT can be administered and scored as part of a well-child check-up, and also can be used by specialists or other professionals to screen for developmental delay and autism. The M-CHAT screening tool is intended solely for the purpose of assessing the risk for autism spectrum disorders (ASD) and is not designed to provide a diagnosis for ASD. The M-CHAT screening tool is based on parental or guardian responses only, and therefore is not adequate to make a clinical definitive diagnosis. A definitive diagnosis can only be made after all responses are verified by the clinician and after the child has been examined, evaluated, and additional tests are performed as recommended by the clinician. Diagnosis of ASD may also involve physician exam, cognitive exam, hearing assessment, and speech assessment. M-CHAT-R is copyright © 2009 Diana Robins, Deborah Fein, & Marianne Barton.
The diagnostic and assessment tools and/or tests represented above may not necessarily represent, individually or collectively, the tests that are provided to your child or yourself at the time service is provided.
No Professional or Medical Advice
The information, materials, and services available through Brian R. Torcato, MD PC's website, including without limitation any web screening or other services, are not intended to and do not constitute medical or other professional advice, and are not a substitute for the professional judgement of health care professionals in diagnosing and treating patients.
Brian R. Torcato, MD PC's website (https://www.philadelphiapediatrics.org/) DOES NOT GIVE MEDICAL ADVICE, OR PROVIDE MEDICAL SERVICES. YOUR RELIANCE UPON INFORMATION AND MATERIALS OBTAINED BY YOU AT OR THROUGH THE WEB SITE, IS SOLELY AT YOUR OWN RISK.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service or website may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please go to our "HIPAA Notice of Privacy Practices" page.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Brian R. Torcato, MD PC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Brian R. Torcato, MD PC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Pennsylvania.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected].
PRIVACY NOTICE
This website (https://www.philadelphiapediatrics.org/) are operated by Brian R. Torcato, MD PC. Throughout the site and web portal, the terms “we”, “us” and “our” refer to Brian R. Torcato, MD PC and both the terms "site" or "website" refer to the website (http://www.philadelphiapediatrics.org/). Brian R. Torcato, MD PC offers this website, including all information, tools and services available from this site and web portal to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
1. What This Privacy Notice Covers
The purpose of this Privacy Notice is to explain how we secure, share, and use personal information that we collect and receive from you through our website. Please see the “Contact Us” section below if you have any questions about this Privacy Notice.
2. What Personal Information Do We Collect?
We may collect personal information as further described below through: (a) Personal Information provided by you, (b) Automatically Collected Information, (c) Billing Information, (d) Cookies and Other Tracking Technologies. We do not collect or use “sensitive consumer information” and do not offer or sell to any third party any data that is based on sensitive consumer information.
3. How Do We Use Your Personal Information?
As described below, we may use the information collected from you for any lawful purpose, including, without limitation, for providing services and products, identification and authentication, operations, marketing, analytics and improvements, support, and contact (e.g., sending notifications related to use of the Service). We may combine Automatically Collected Information with other information we collect about you, in each case that does not directly identify you as a person, to improve site functionality and the services we offer, and for operations and both internal and external marketing analytics.
4. Who do we share your personal information with?
We do not share your personal information that we learn about you from your use of the Service with others except as described in this Privacy Notice and in connection with: (i) the completion of transactions or orders; (ii) marketing promotions; (iii) a merger or sale of the company; (iv) publicly available information; and (v) other disclosures permitted by law.
5. How long do we retain your personal information for?
As described below, we will retain your information for as long as your account is active or as needed to provide you the Service, but never longer than permitted by applicable law.
6. Do We Transfer Your Personal Information Outside the Country?
No, we do not.
7.How Do We Keep Your Personal Information Safe?
We take reasonable steps to put in place appropriate physical, electronic, and procedural safeguards to protect the security of your personal information and to prevent unauthorized or unlawful processing of such personal information and also the accidental destruction, loss, or damage to it. These measures include internal reviews of our data collection, storage and processing practices and security measures (password protection is in place and industry standard SSL-encryption is also used to protect data transmissions), as well as physical security measures to guard against unauthorized access to systems where data is stored.
However, data transmissions over the Internet and methods of electronic storage are not 100% secure. Therefore, we cannot guarantee or warrant the security of any information you transmit to us and you are hereby informed that you do so at your own risk.
If we are aware of a security breach we may attempt to notify you electronically so that you can take necessary protective steps. We may post a notice on our applicable web sites if such a security breach occurs. If this happens, you will need an appropriate web browser that allows you to view the applicable web sites. In these circumstances, we may also send an email to you at the email address you have provided to us. Additionally, depending on where you live, you may have a legal right to receive notice of a security breach in writing. Please email us a request to [email protected] for you to receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice).
8. Your Rights To Privacy.
Brian R. Torcato, MD PC as Data Controller. Upon request, we will provide you with information about whether we hold or process your personal information on behalf of third parties. You can also access and edit your account information with us at any time by logging into your account on our web portal. You can also contact us via our email address ([email protected]), and we will respond as soon as possible, but at most within 30 days.
You may also delete your account by emailing us; however, some personal information, primarily your contact information, may remain in our records to the extent necessary to protect us legally or document compliance with regulatory requirements, in each case only to the extent permitted by applicable law.
If your personal information does change, or if you no longer wish to use our services, you may correct, update, or delete your information by making the change on your user account in our web portal, or by submitting a request via email.
Brian R. Torcato, MD PC as Data Processor. We acknowledge you have the right to access and modify the personal information we collect and process as a data processor. A person or individual who seeks to access or to correct, amend, or delete personal information should direct their request to us at our contact location or email address below.
9. Third Party Features, Services, Links and Apps
Your interactions with any Third Party Services, Apps, or Providers will be governed by the privacy policy of the company providing the Third Party Services, Apps, or Providers and you are responsible for viewing that company’s relevant privacy policy or policies.
10. Users from the European Economic Area (“EEA”) or the EU
If you are based in a country in the EEA or EU and we hold personal information about you as a data controller, the controller of your personal information is Brian R. Torcato, MD PC, a Pennsylvania corporation whose principal place of business is located at 5900 Rising Sun Avenue, Philadelphia, PA 19120, USA.
11. Users from California
Under California Civil Code sections 1798.83- 1798.84, California residents are entitled to request a notice about the types of personal information which we share with third parties for marketing, and providing contact information for such third parties. If you are a California resident and want a copy of this notice, please write to the following address:
Attention: Privacy
Brian R. Torcato, MD PC, 5900 Rising Sun Avenue, Philadelphia, PA 19120.
14. Changes to this Privacy Notice
We reserve the right to revise, modify, or update this notice at any time. We will notify you about significant changes in the way we treat personal information by placing a prominent notice on our site.
15. Contact Us
If you have a privacy concern regarding us, or this notice, you can write to us by email at [email protected] or by mail at:
Attention: Privacy
Brian R. Torcato, MD PC, 5900 Rising Sun Avenue, Philadelphia, PA 19120.
If you have an unresolved privacy or data use concern that we have not satisfactorily addressed, you may contact your local data protection authority to raise any concerns or complaints.
Version 1.1
Last updated March 24, 2019.
TERMS OF SERVICE
OVERVIEW
This website ( https://www.philadelphiapediatrics.org/) is operated by Brian R. Torcato, MD PC. Throughout the site the terms “we”, “us” and “our” refer to Brian R. Torcato, MD PC and both the terms "site" or "website" refer to the website (https://www.philadelphiapediatrics.org/. Brian R. Torcato, MD PC offers this website and web portal, including all information, tools and services available from this site and web portal to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
By using this site you consent to the use of cookies. Cookies can be managed in your browser or device settings.
SECTION 1 - WEBSITE USE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents over the age of thirteen years to use this site. Furthermore, you accept that this website is not directed at minors and especially not directed at minors less than thirteen years of age on the date of use of this website.
You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities.
We have made every effort to display as accurately as possible the services that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Brian R. Torcato, MD PC MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE INFORMATION ACCESSED, PROVIDED, AND USED THROUGH THIS WEB SITE . YOU AGREE THAT ACCESS TO AND USE OF the WEBSITE and any information therein including, without limitation, the Ages and Stages Questionnaire - 3, or the NICHQ Vanderbilt Assessment Scales (1st edition), or the NICHQ Vanderbilt Assessment Scales, 2nd edition (2012), CAARS™Conners’ Adult ADHD Rating Scales, Conners 3™ (Conners 3rd Edition™), Parents' Evaluation of Developmental Status (PEDS), PEDS: Developmental Milestones (PEDS:DM), The Modified Checklist for Autism in Toddlers (M-CHAT) and MCHAT (R), AND MCHAT (RF) IS AT YOUR OWN RISK. Brian R. Torcato, MD PC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER Brian R. Torcato, MD PC NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE INFORMATION ON THE WEBSITE (Autism Spectrum Rating Scales™), the Ages and Stages Questionnaire - 3, or the NICHQ Vanderbilt Assessment Scales (1st edition), or the NICHQ Vanderbilt Assessment Scales, 2nd edition (2012), CAARS™Conners’ Adult ADHD Rating Scales, Conners 3™ (Conners 3rd Edition™), Parents' Evaluation of Developmental Status (PEDS), PEDS: Developmental Milestones (PEDS:DM), The Modified Checklist for Autism in Toddlers (M-CHAT) and MCHAT (R), AND MCHAT (RF), WILL BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE the Ages and Stages Questionnaire - 3, or the NICHQ Vanderbilt Assessment Scales (1st edition), or the NICHQ Vanderbilt Assessment Scales, 2nd edition (2012), CAARS™Conners’ Adult ADHD Rating Scales, Conners 3™ (Conners 3rd Edition™), Parents' Evaluation of Developmental Status (PEDS), PEDS: Developmental Milestones (PEDS:DM), AND The Modified Checklist for Autism in Toddlers (M-CHAT) and MCHAT (R), AND MCHAT (RF) AND FOR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. THIS LIMITATION INCLUDES DAMAGES TO, OR FOR ANY VIRUSES THAT INFECT, YOUR COMPUTER EQUIPMENT.
The Ages and Stages Questionnaire - 3 is a copyrighted instrument of Paul H. Brookes Publishing Co., Inc.
Written permission from Brookes Publishing is necessary before adapting, translating, reformatting, reprinting, or reproducing (except as covered by the ASQ-3 Photocopying Release or ASQ:SE-2 Photocopying Release) the questionnaires, the User’s Guides, any related materials, or any part thereof in any way. To apply for permission, please complete a Permission Request Form online at www.brookespublishing.com/customer-service/permissions/.
www.agesandstages.com is the website for the Ages and Stages Questionnaire - 3 (Copyright © 2014 - 2015 | Paul H. Brookes Publishing Co., Inc. All Rights Reserved).
The NICHQ Vanderbilt Assessment Scales (1st edition) are a Copyright ©2002 of the American Academy of Pediatrics and National Initiative for Children’s Healthcare Quality (NICHQ). The NICHQ is the original source. The American Academy of Pediatrics holds copyright for Caring for Children with ADHD: A Resource Toolkit for Clinicians, 2nd Edition, 2012. The NICHQ Vanderbilt Assessment Scales, 2nd edition (2012) are included in the Resource Toolkit for Clinicians.
The NICHQ Vanderbilt Assessment Scales serve as a screening test for ADHD. The result of this screening, upon consultation with your child’s physician, psychologist, or other appropriately qualified and licensed provider, and in conjunction with other tests, examinations, and assessments will be part of the diagnostic process. The results and scores of the NICHQ Vanderbilt Assessment Scales depend upon the responses entered by the informant and therefore reflect the accuracy of these responses as well as the informant’s understanding of the questions.
The use of this single instrument along should never be used to make a diagnosis of the ADHD and/or therapeutic decisions. The instrument is a screening test and must be followed up by further consultation and testing with the child’s licensed qualified provider(s).
CAARS™Conners’ Adult ADHD Rating Scales (C. Keith Conners, Ph.D., Drew Erhardt, Ph.D., Elizabeth Sparrow, Ph.D.) serves as a screening test for ADHD and is a copyrighted instrument of Multi-Health Systems (MHS). The result of this screening, upon consultation with your physician, psychologist, or other appropriately qualified and licensed provider, and in conjunction with other tests, examinations, and assessments will be part of the diagnostic process. The results and scores of the CAARS™Conners’ Adult ADHD Rating Scales depend upon the responses entered by the informant and therefore reflect the accuracy of these responses as well as the informant’s understanding of the questions.
The use of this single instrument along should never be used to make a diagnosis of the ADHD and/or therapeutic decisions. The instrument is a screening test and must be followed up by further consultation and testing with your licensed and qualified provider(s).
The Conners 3™ (Conners 3rd Edition™), (© MHS Assessments (MHS Inc.) authored by C. Keith Conners, Ph.D. was designed to effectively identify symptoms, behaviors, and associated features of ADHD and co-morbid disorders in children and adolescents ages 6 to 18 years (for the parent edition).
The result of this screening, upon consultation with your child’s physician, psychologist, or other appropriately qualified and licensed provider, and in conjunction with other tests, examinations, and assessments will be part of the diagnostic process.
The use of this single instrument along should never be used to make a diagnosis of ADHD or other disorders and/or therapeutic decisions.
PEDSTest.com publishes measures that comply with American Academy of Pediatrics policy on early detection via surveillance and screening:
Parents' Evaluation of Developmental Status (PEDS) –a surveillance and screening tool, for children 0 to 8 years, that elicits and addresses, with evidence-based support, parents’ concerns about development, behavior and mental health. PEDS saves time, promotes family collaboration and willingness to return for future visits. It is published in many languages and includes abundant information to support helping parents learn about child-rearing.
PEDS: Developmental Milestones (PEDS:DM)—a surveillance and screening tool for children 0 – 8 years that enables a swift view of children’s skills in development and mental health, including expressive and receptive language, fine and gross motor skills, self-help, academics, and social-emotional skills. The PEDS:DM also includes the autism-specific screening (M-CHAT).
PEDS Online - the electronic application of PEDS, PEDS:DM, and the Modified Checklist of Autism in Toddlers.
PEDSTest.com, LLC (the new name for Ellsworth and Vandermeer Press and Forepath.org) holds the international copyright for two developmental-behavioral screening tests and for their electronic applications: Parents' Evaluation of Developmental Status (PEDS), PEDS: Developmental Milestones (PEDS:DM)
and PEDS Online.
The Modified Checklist for Autism in Toddlers (M-CHAT) is a validated developmental screening tool for toddlers between 16 and 30 months of age. It is designed to identify children who may benefit from a more thorough developmental and autism evaluation. The M-CHAT can be administered and scored as part of a well-child check-up, and also can be used by specialists or other professionals to screen for developmental delay and autism. The M-CHAT screening tool is intended solely for the purpose of assessing the risk for autism spectrum disorders (ASD) and is not designed to provide a diagnosis for ASD. The M-CHAT screening tool is based on parental or guardian responses only, and therefore is not adequate to make a clinical definitive diagnosis. A definitive diagnosis can only be made after all responses are verified by the clinician and after the child has been examined, evaluated, and additional tests are performed as recommended by the clinician. Diagnosis of ASD may also involve physician exam, cognitive exam, hearing assessment, and speech assessment. M-CHAT-R is copyright © 2009 Diana Robins, Deborah Fein, & Marianne Barton.
The diagnostic and assessment tools and/or tests represented above may not necessarily represent, individually or collectively, the tests that are provided to your child or yourself at the time service is provided.
No Professional or Medical Advice
The information, materials, and services available through Brian R. Torcato, MD PC's website, including without limitation any web screening or other services, are not intended to and do not constitute medical or other professional advice, and are not a substitute for the professional judgement of health care professionals in diagnosing and treating patients.
Brian R. Torcato, MD PC's website (https://www.philadelphiapediatrics.org/) DOES NOT GIVE MEDICAL ADVICE, OR PROVIDE MEDICAL SERVICES. YOUR RELIANCE UPON INFORMATION AND MATERIALS OBTAINED BY YOU AT OR THROUGH THE WEB SITE, IS SOLELY AT YOUR OWN RISK.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service or website may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please go to our "HIPAA Notice of Privacy Practices" page.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Brian R. Torcato, MD PC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Brian R. Torcato, MD PC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Pennsylvania.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected].
PRIVACY NOTICE
This website (https://www.philadelphiapediatrics.org/) are operated by Brian R. Torcato, MD PC. Throughout the site and web portal, the terms “we”, “us” and “our” refer to Brian R. Torcato, MD PC and both the terms "site" or "website" refer to the website (http://www.philadelphiapediatrics.org/). Brian R. Torcato, MD PC offers this website, including all information, tools and services available from this site and web portal to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
1. What This Privacy Notice Covers
The purpose of this Privacy Notice is to explain how we secure, share, and use personal information that we collect and receive from you through our website. Please see the “Contact Us” section below if you have any questions about this Privacy Notice.
2. What Personal Information Do We Collect?
We may collect personal information as further described below through: (a) Personal Information provided by you, (b) Automatically Collected Information, (c) Billing Information, (d) Cookies and Other Tracking Technologies. We do not collect or use “sensitive consumer information” and do not offer or sell to any third party any data that is based on sensitive consumer information.
3. How Do We Use Your Personal Information?
As described below, we may use the information collected from you for any lawful purpose, including, without limitation, for providing services and products, identification and authentication, operations, marketing, analytics and improvements, support, and contact (e.g., sending notifications related to use of the Service). We may combine Automatically Collected Information with other information we collect about you, in each case that does not directly identify you as a person, to improve site functionality and the services we offer, and for operations and both internal and external marketing analytics.
4. Who do we share your personal information with?
We do not share your personal information that we learn about you from your use of the Service with others except as described in this Privacy Notice and in connection with: (i) the completion of transactions or orders; (ii) marketing promotions; (iii) a merger or sale of the company; (iv) publicly available information; and (v) other disclosures permitted by law.
5. How long do we retain your personal information for?
As described below, we will retain your information for as long as your account is active or as needed to provide you the Service, but never longer than permitted by applicable law.
6. Do We Transfer Your Personal Information Outside the Country?
No, we do not.
7.How Do We Keep Your Personal Information Safe?
We take reasonable steps to put in place appropriate physical, electronic, and procedural safeguards to protect the security of your personal information and to prevent unauthorized or unlawful processing of such personal information and also the accidental destruction, loss, or damage to it. These measures include internal reviews of our data collection, storage and processing practices and security measures (password protection is in place and industry standard SSL-encryption is also used to protect data transmissions), as well as physical security measures to guard against unauthorized access to systems where data is stored.
However, data transmissions over the Internet and methods of electronic storage are not 100% secure. Therefore, we cannot guarantee or warrant the security of any information you transmit to us and you are hereby informed that you do so at your own risk.
If we are aware of a security breach we may attempt to notify you electronically so that you can take necessary protective steps. We may post a notice on our applicable web sites if such a security breach occurs. If this happens, you will need an appropriate web browser that allows you to view the applicable web sites. In these circumstances, we may also send an email to you at the email address you have provided to us. Additionally, depending on where you live, you may have a legal right to receive notice of a security breach in writing. Please email us a request to [email protected] for you to receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice).
8. Your Rights To Privacy.
Brian R. Torcato, MD PC as Data Controller. Upon request, we will provide you with information about whether we hold or process your personal information on behalf of third parties. You can also access and edit your account information with us at any time by logging into your account on our web portal. You can also contact us via our email address ([email protected]), and we will respond as soon as possible, but at most within 30 days.
You may also delete your account by emailing us; however, some personal information, primarily your contact information, may remain in our records to the extent necessary to protect us legally or document compliance with regulatory requirements, in each case only to the extent permitted by applicable law.
If your personal information does change, or if you no longer wish to use our services, you may correct, update, or delete your information by making the change on your user account in our web portal, or by submitting a request via email.
Brian R. Torcato, MD PC as Data Processor. We acknowledge you have the right to access and modify the personal information we collect and process as a data processor. A person or individual who seeks to access or to correct, amend, or delete personal information should direct their request to us at our contact location or email address below.
9. Third Party Features, Services, Links and Apps
Your interactions with any Third Party Services, Apps, or Providers will be governed by the privacy policy of the company providing the Third Party Services, Apps, or Providers and you are responsible for viewing that company’s relevant privacy policy or policies.
10. Users from the European Economic Area (“EEA”) or the EU
If you are based in a country in the EEA or EU and we hold personal information about you as a data controller, the controller of your personal information is Brian R. Torcato, MD PC, a Pennsylvania corporation whose principal place of business is located at 5900 Rising Sun Avenue, Philadelphia, PA 19120, USA.
11. Users from California
Under California Civil Code sections 1798.83- 1798.84, California residents are entitled to request a notice about the types of personal information which we share with third parties for marketing, and providing contact information for such third parties. If you are a California resident and want a copy of this notice, please write to the following address:
Attention: Privacy
Brian R. Torcato, MD PC, 5900 Rising Sun Avenue, Philadelphia, PA 19120.
14. Changes to this Privacy Notice
We reserve the right to revise, modify, or update this notice at any time. We will notify you about significant changes in the way we treat personal information by placing a prominent notice on our site.
15. Contact Us
If you have a privacy concern regarding us, or this notice, you can write to us by email at [email protected] or by mail at:
Attention: Privacy
Brian R. Torcato, MD PC, 5900 Rising Sun Avenue, Philadelphia, PA 19120.
If you have an unresolved privacy or data use concern that we have not satisfactorily addressed, you may contact your local data protection authority to raise any concerns or complaints.
Version 1.1
Last updated March 24, 2019.