TERMS AND CONDITIONS OF USE OF GULFSHORE PERSONALIZED CARE WEBSITES
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
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.
- 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.
Revised January 2019