TERMS OF USE

Agreement to Abide by the Terms of Use

This World Wide Web site with its home page in the domain dszmigauzpe , hereinafter referred to as the Website, is an information service provided by David Szmiga to users of the World Wide Web with the express condition that these users agree to be bound by the terms and conditions set forth in this Terms of Use. David Szmiga reserves the right to change these terms and conditions at any time, and you agree to abide by the most recent version of this Terms of Use each time you view and use the Website. Do not use the Website if you do not agree to all of the following terms and conditions.

Not a Substitute for Healthcare Advice / Warranty Disclaimer

You acknowledge that the information on the Website is provided 'as is' for general information only, and is subject to change without notice. It is NOT intended to provide healthcare advice, and should NOT be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual health needs. David Szmiga MAKES NO WARRANTIES OF ANY KIND WHATSOEVER REGARDING THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY THAT THESE PAGES, OR THE COMPUTER SERVER WHICH MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, AND SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED.

Identification

You agree that you will hold harmless David Szmiga and its shareholders, partners, officers, directors, and employees from any and all claims arising out of or related to your access or use of, or your inability to access or use, this Website or the information contained in this Website or other websites to which it is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from this Website or any other website to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. IN NO EVENT WILL David Szmiga OR ANY OF THE INFORMATION CONTRIBUTORS TO THE WEBSITE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF David Szmiga HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

No Endorsements

You acknowledge that the opinions and recommendations contained in this Website are not necessarily those of David Szmiga nor are they endorsed by David Szmiga.

Links to Other Websites

David Szmiga may provide links on the Website to other websites which are not under the control of David Szmiga. In general, any website which has an address (or URL) not containing 'dszmigauzpe' is such a website. These links are provided for convenience or reference only and are not intended as an endorsement by David Szmiga of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.

Links to This Website

You may provide hypertext links to this Website on another website, provided that:

• The link be a text-only link clearly marked David Szmiga.
• The link must 'point' to the URL 'dszmigauzpe' and not to other pages within the Website.
• The appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with David Szmiga's name and trademarks.
• The appearance, position and other aspects of the link may not create the false appearance that an entity other than David Szmiga is associated with or sponsored by David Szmiga.
• The link, when activated by a user, must display this Website full-screen and not contained within an area on the linked website.
• David Szmiga reserves the right to revoke its consent to any link at any time at its sole discretion by amending this Terms of Use Agreement. You agree that any other hypertext links to this Website must be approved in writing by David Szmiga.

Works of Authorship

THE WORKS OF AUTHORSHIP CONTAINED IN THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ALL DESIGN, TEXT AND IMAGES, ARE OWNED OR LICENSED BY David Szmiga AND DR. LEONARDO INTERACTIVE WEBSERVICES, INC., HEREINAFTER REFERRED TO AS DR-LEONARDO, OR ITS SUPPLIERS AND CONTRIBUTORS, AND MAY NOT BE COPIED, REPRODUCED, TRANSMITTED, DISPLAYED, PERFORMED, DISTRIBUTED, RENTED, SUBLICENSED, ALTERED, STORED BY SUBSEQUENT USE OR OTHERWISE USED IN WHOLE OR IN PART IN ANY MANNER WITHOUT David Szmiga'S PRIOR WRITTEN CONSENT, EXCEPT THAT THE USER MAY MAKE SUCH USE AS ONLY NECESSARY TO BROWSE THE WEBSITE. The user may produce one permanent printout of each page of the Website (unmodified in form, with a copy of this TERMS OF USE attached) to be used by the user for personal and non-commercial uses which do not harm the reputation of David Szmiga or DR-LEONARDO.

Compliance With Local Laws

This Website (excluding linked sites) resides on computer servers that are owned or controlled by DR-LEONARDO which is headquartered in the State of New York, in the United States of America. It may be accessed from all 50 states, as well as from other countries around the world. Because each of these places has laws that may differ from those of New York, by accessing this Website you agree that the statutes and laws of the State of New York, without regard to conflicts of law principles thereof, will apply to all matters arising from or relating to the use of this Website.David Szmiga and DR-LEONARDO make no representation that materials on the Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is hereby prohibited. Individuals or organizations choosing to access this Website from other locations do so of their own initiative and are responsible for compliance with local laws.

Salesmarks and Trademarks

Dr. Leonardo Interactive Webservices, LLC, the Dr. Leonardo logo, nameplates, DR. LEONARDO® are salesmarks, trademarks or registered trademarks of Dr. Leonardo Interactive Webservices, LLC and are protected by international laws and treaty provisions.

Copyrights

All text and electronic images on this Website are copyrighted materials which are registered copyrights, unregistered common law copyrights, salesmarks, trademarks or registered trademarks of David Szmiga or DR-LEONARDO, its suppliers or contributors. Unauthorized duplication is a violation of Title 17 U.S.C.S., the Copyright Act of 1976 and the Digital Millennium Copyright Act of 1998. ANY ATTEMPT TO INFRINGE UPON OR TO CIRCUMVENT THESE COPYRIGHTS OR TRADEMARKS WILL SUBJECT THE INFRINGING INDIVIDUAL OR ORGANIZATION TO SEVERE CIVIL AND CRIMINAL PENALTIES AS PRESCRIBED BY LAW. SUCH PENALTIES MAY INCLUDE, BUT ARE NOT LIMITED TO, AN AWARD OF STATUTORY DAMAGES IN THE SUM OF UP TO $150,000 PER INFRINGEMENT.

WEBSITE PRIVACY POLICY

Thank you for visiting my website and for reviewing my Website Privacy Policy as follows: - I do not collect Personally Identifiable Information (PII) about you unless you choose to provide that information to me. - If you are a patient of the practice and you choose to provide PII, any PII you provide is protected by security controls consistent with David Szmiga Notice of Privacy Practices (NPP). - Non-PII information related to your visit to my website may be automatically collected and temporarily stored. For more information on your health information privacy and security rights visit the NPP page.

Information Collected and Stored Automatically

When you browse through my website, I gather and temporarily store technical information about your visit. This information does not identify who you are. The information I collect includes:

• The name of the domain you use to access the Internet (for example, aol.com, if you are using an American Online account, or stanford.edu, if you are connecting from Stanford University's domain).
• The date and time of your visit.
• The pages you visited
• The address of the website you came from when you came to visit.

I use this information to improve my website and provide a better user experience for my visitors. I use various tools such as Google Analytics and other software to collect and aggregate this information. This information is available only to web managers and other designated staff who require this information to perform their duties. It is retained only for as long as needed for proper analysis.

Web Measurement and Cookies

I use web measurement and customization technologies, such as 'cookies', to help my website function better for visitors and to better understand how visitors use my website. A 'cookie' is a small text file automatically placed on your computer. I use two types of cookies on my websites:

• I use session cookies to gather data for technical purposes, such as enabling better navigation through my website and generating aggregated statistics about how the website is used. Session cookies are temporary text files that expire when you leave my website. When cookies expire, they are automatically deleted from your computer. I do not use session cookies to collect PII, and I do not share data collected from session cookies.
• I use multi-session cookies, a.k.a. persistent cookies, to customize my website for frequent visitors and to test variations of website design and content. Multi-session cookies are cookies that are stored over more than a single session on your computer. I do not use multi-session cookies to collect PII, and I do not share data collected from multi-session cookies. You may take actions to block cookies. Blocking these cookies from your computer will not affect your access to the content and tools on my website.

Personal Information Voluntarily Submitted

If you choose to provide my practice with personal information -- for example by completing a 'Contact Me' form, leaving a comment, or completing a survey -- I may use that information to respond to your message and/or help me get you the information or services you asked for. Submitting personal information (name, address, telephone number, email address, etc.) is voluntary and is not required to access most areas of my website. I will retain the information only for as long as necessary to respond to your question or to fulfill the stated purpose of the communication.

Personal Information Submitted Through My Patient Portal

My website may provide access to a Patient Portal that will link you to an Electronic Healthcare Record (EHR) system which operates outside of the network of my website. If you choose to access my EHR system, you will be required to establish an account name, password and provide other information for security purposes. My Patient Portal will provide further information on the privacy information of my EHR system.

Visiting My Website on Third-Party Websites

I may maintain accounts on third-party websites, such as social media sites, as tools to better interact with my visitors. Your activity on those third-party websites is governed by the security and privacy policies of those sites. Users of third-party websites are often sharing information with the general public, user community, and/or the third-party operating the website and information may be used in a variety of ways. You should review the privacy policies of third-party websites before using them and ensure that you understand how your information may be used. You should also adjust privacy settings on your account on any third-party website to match your preferences.

Common third-party websites in use include:

• YouTube
• Facebook
• Twitter
• Myspace

Information Collected and Used from Third-Party Websites

If you have an account with a third-party website, and choose to follow, like, friend, or comment, certain PII associated with your account may be made available based on the privacy policies of the third-party website and your privacy settings within that third-party website.

Disclosure

The practice does not disclose, give, sell, or transfer any personal information about my visitors unless required for law enforcement.