Terms of Use | GulfShore Personalized Care

Terms of Use

TERMS AND CONDITIONS OF USE OF GULFSHORE PERSONALIZED CARE WEBSITES

By accessing or using any of the Gulfshore Personalized Care (“GPC”) Internet properties including, without limitation, www.gulfshorepc.com, and any others released by the GPC from time to time (collectively referred to as the “GPC websites”) you agree to comply with and be bound by these Terms of Use. Please read these Terms of Use carefully as well as the GPC’s Privacy Policy and Code of Conduct, which are incorporated by this reference. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately terminate your use of the GPC websites.

  1. License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the GPC websites conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use the GPC websites and the GPC Content (as defined below) for your noncommercial personal use and for no other purpose. GPC reserves the right to bar, restrict or suspend any user’s access to the GPC websites, and/or to terminate this license at any time for any reason. GPC reserves any rights not explicitly granted in these Terms of Use.
  2. License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive the GPC’s prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the GPC websites, any GPC Content (as defined below), or any portion thereof. Further, you may not (i) use the GPC websites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the GPC websites, including GPC Content; (ii) interfere with the proper working of the GPC websites including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design; or (iii) interfere with any other person’s use and enjoyment of the GPC websites.
  3. Your Acceptance; Revisions to Terms of Use. The GPC websites are available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and GPC regarding your use and access to the GPC websites. By using the GPC websites you agree to the Terms of Use.

The GPC reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the GPC websites. Your use of the GPC websites signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the GPC websites. No revision to these Terms of Use, including to the Arbitration provision set forth in Section 23, shall apply to a controversy or claim of which the GPC had actual notice on or before the date of any such revision.

  1. Additional Terms and Conditions. The GPC’s Privacy Policy, as well as additional terms and conditions applicable to certain portions of the GPC websites (collectively “Additional Terms and Conditions”) are incorporated by this reference. To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern.
  2. Click-Through Agreements. Before using certain areas of the GPC websites you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept” “I Agree” “Okay” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate, the Click Through Agreement will govern.
  3. Privacy Policy. For information about the GPC’s data protection practices and the GPC’s use and protection of your personal information, please read the GPC’s Privacy Policywhich is incorporated into and made a part of these Terms of Use.
  4. User Obligations. You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the GPC websites and not interfere with the use and enjoyment of GPC websites by other users or with GPC’s operation and management of the GPC websites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the GPC websites, including, without limitation, information required to be provided through an GPC registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, the GPC reserves the right to terminate your access and use of the GPC websites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the GPC websites, or defame or otherwise harm any party, including GPC, through your use of the GPC websites.
  5. Proprietary Rights. The content of the GPC websites includes, without limitation, (i) GPC’s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “GPC Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through GPC websites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “GPC Content”). GPC Content is the property of the GPC, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any GPC Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from GPC or the owner of such content if GPC is not the owner. Any use of GPC Marks without the GPC’s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the GPC Content, including any such notices appearing on any GPC Content you are permitted to download, transmit, display, print, or reproduce from the GPC websites.
  6. Responsibility for Use of the Internet and GPC websites. Use of the Internet and the GPC websites is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. GPC does not guarantee the confidentiality or security of any communication or other material transmitted to or from the GPC websites over the Internet or other communication network. GPC shall not be obligated to correct or update GPC websites, the GPC Content and GPC shall not be liable for omissions, typographical errors, or out-of-date information which may appear on GPC websites.
  7. Medical Disclaimer. The GPC Content is provided for informational purposes only and is not intended as medical advice, or as a substitute for the medical advice of a physician.
  8. Patient Information. The GPC websites, including any public forums which you may access via the GPC websites, may contain confidential patient information (“Patient Information”). State and federal laws, as well as ethical and licensure requirements, may impose obligations with respect to patient confidentiality that may limit your ability to receive, disclose, or make use of Patient Information, including transmitting Patient Information to others. You warrant that you will comply with all laws that may directly or indirectly govern your retrieval, use, transmission, processing, receipt, reporting, disclosure, or storage of Patient Information. You are solely responsible for obtaining and maintaining any patient consents, if applicable, and all other consents or permissions required by law or advisable with respect to your retrieval, use, transmission, processing, receipt, reporting, disclosure or storage of Patient Information. You shall be solely responsible for your retrieval, use or misuse, transmission, processing, receipt, reporting, disclosure or storage of Patient Information.
  9. Third Party Information. GPC websites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers, or other information made available by third parties such as content providers and other users of GPC websites are those of the respective third party and not of GPC or its affiliates. GPC makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.
  10. Advertisers. GPC websites may contain advertisements of third parties. The inclusion of advertisements on GPC websites does not imply endorsement of the advertised products or services by GPC. GPC shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on GPC websites. Further, GPC shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on GPC websites. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.
  11. Links to Third Party websites. GPC websites may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which GPC exercises no control. The appearance of any such third party links (provided by the GPC or by a third party) is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the GPC websites, you do so entirely at your own risk.
  12. Links to GPC websites and GPC Content. Links posted by third parties to GPC websites and/or GPC Content may not use the GPC trademark or logo and shall not suggest that the GPC promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of the GPC websites shall be the responsibility of the linking party. GPC reserves the right to require any linking party to disable or remove any link that violates the GPC’s rights or causes interruption or deterioration of GPC Content.
  13. Warranties Disclaimed. GPC WEBSITES AND GPC CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER GPC, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY “GPC PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) GPC WEBSITES OR GPC CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO GPC WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH GPC WEBSITES WILL MEET YOUR EXPECTATIONS; OR (iv) GPC CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE GPC WEBSITES. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
  14. Limitation of Liability. GPC PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DGPCGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DGPCGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE GPC WEBSITES AND/OR ANY GPC CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF GPC WEBSITES AND/OR GPC CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE GPC WEBSITES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE GPC WEBSITES; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON GPC WEBSITES; (vii) FROM ANY DELAY OR FAILURE OF GPC WEBSITES ARISING OUT OF CAUSES BEYOND GPC’S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, GPC CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, GPC WEBSITES (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO GPC WEBSITES OR GPC CONTENT. In the event you are dissatisfied with, or dispute, these Terms of Use, GPC websites and/or GPC Content, your sole right and exclusive remedy is to terminate your use of GPC websites, even if that right or remedy is deemed to fail of its essential purpose. You confirm that GPC has no other obligation, liability or responsibility to you or any other party.
  15. Exclusions permitted by law. SOME JURISDICTIONS (BUT NOT NEW JERSEY) DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 18 AND 19 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND GPC’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
  16. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless GPC Parties from and against all claims arising from or in any way related to your use of GPC websites and/or GPC Content, a violation by you of these Terms of Use, or any other actions connected with your use of GPC websites and/or GPC Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees. GPC will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to GPC Parties other than under this Section.
  17. Term and Termination. These Terms of Use will take effect at the time you begin using GPC websites. GPC reserves the right, with or without notice, at any time and for any reason to deny you access to GPC websites or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with or violate them. You may terminate these Terms of Use at any time by ceasing to use GPC websites, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of GPC websites, including any GPC Content, in your possession.
  18. Arbitration; Venue. Any controversy or claim (“Claim”) you have arising out of or relating to these i) Terms of Use, ii) Additional Terms and Conditions, iii) GPC websites, and iv) any products and services accessed or purchased through the GPC websites shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought, in any arbitration or other legal proceeding, solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Sarasota, Florida. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the State of Florida and/or the United States District Court for the Middle District of Florida shall have exclusive jurisdiction and venue over (a) any action concerning the enforcement of an arbitration award, or (b) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING. GPC reserves all rights and remedies available to it in law or equity.

Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the United States District Court for the Middle District of Florida or any State of Florida court located in Sarasota County, Florida.

  1. Governing Law. These Terms of Use and all matters regarding your use of GPC websites shall be governed by, construed in accordance with, and enforced under the laws of the State of Florida applicable to contracts made and executed and wholly performed in the State of Florida, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods applies and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.
  2. Waiver and Severability. The failure of GPC to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.
  3. Complete Agreement. These Terms of Use, together with any revisions, any Additional Terms and Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and GPC relating to GPC websites and its use by you, and supersedes any previous written or oral communication regarding use of GPC websites.
  4. Contact Information. If you have any questions or concerns regarding these Terms of Use or GPC websites, please contact us at 941-366-2194.
  5. Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of GPC websites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
  6. Use of GPC websites and GPC Content outside of the United States. GPC makes no claims regarding access or use of GPC websites or the GPC Content outside of the United States. If you use or access GPC websites or the GPC Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of those governing jurisdictions in addition to these Terms of Use.

Revised January 2019