WEBSITE TERMS OF USE
Sleep Medicine Specialists of South Florida, P.A.
Agreement to Terms
Welcome to the Website (the “Site”) of Sleep Medicine Specialists of South Florida PA (“SMS,” “we,” “us” or “our”). Our Site consists of various linked Web pages owned and operated by us. We offer our Site to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
By using this Site, you agree to and accept the most-recent of these Terms as well as the most-recent version of our Website Privacy Policy. If you do not agree to all of the Terms, please do not use the Site.
We may change these Terms at any time, and such changes will be posted on this or a similar page of this Site. SMS may from time to time modify or revise the Terms by updating this Web page. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the Site.
Our Site is intended only for users in the United States over the age of 18 years. If you live outside the U.S., you may see information on this Site about services that are not available or authorized in your country. If you choose to access the website from outside of the United States, you do so on your own initiative and are responsible for compliance with U.S. and local laws, if and to the extent that local laws are applicable.
SMS reserves the right to terminate your access to any or all of the Site at any time without notice for any reason whatsoever.
Medical Services
Unless you engage in a telemedicine encounter directly with a licensed healthcare provider over this Site, nothing in this Site is intended to or may be construed to constitute medical advice. Any materials provided on this Site generally addressing any illness, disease or health condition generally is provided solely for educational purposes and not for the diagnosis or treatment of any condition. Your submission of answers to general health questionnaires are not reviewed by any health care professional and is not intended to diagnose or treat any health condition. By submitting information via this website, you consent to the collection, and use of information consistent with these Terms.
EDUCATIONAL MATERIALS OR ADVICE RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION
Privacy
It is our policy to respect the privacy of individuals who visit the Site or provide Comments to us. Our Website Privacy Policy (the “Website Privacy Policy”) is incorporated herein by reference. By accepting these Terms, you expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy.
Linked Sites
This Site may contain links to other websites (“Linked Sites”). SMS does not operate or control any information, products, or services on the Linked Sites and does not endorse or approve any products or information offered at Linked Sites. You acknowledge and agree that your access or use of any Linked Site is at your own risk.
Disclaimer
This Site, its contents, and all information, products, and services contained in or offered through this Site are provided on an “as is” and “as available” basis without representations or warranties of any kind. SMS expressly disclaims all such representations and warranties, either express or implied, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, or non-infringement and any implied warranties arising from course of dealing or course of performance. SMS does not warrant that this Site or its contents will be complete, accurate, uninterrupted, secure, or error free or that the Site or the server that makes it available are free of viruses or other harmful components. All information on the Site is subject to change without notice.
Indemnification
You agree to defend, indemnify, and hold SMS harmless from and against any and all claims, losses, damages, liabilities, costs, and expenses, including attorneys’ fees, arising from or related to your (i) use of the Site or (ii) violation of any of these Terms.
Limitation of Liability
In no event shall SMS be liable for any direct, indirect, consequential, special, or incidental damages arising out of or related to your use of or inability to use this site or goods or services purchased or obtained through this Site, whether in an action under contract, negligence, or any other theory, even if SMS has been advised of the possibility of such damages. SMS’s total liability for any claim arising from or related to your use of this Site shall not exceed one hundred dollars (US$100).
Acceptable Use Policy
You agree to abide by and utilize the Site only in accordance with these Terms. In addition, you agree to (i) not use the Site for any illegal purpose, (ii) not use the Site in connection with any tortious act or any act that violates the legal rights of a third party, (iii) not use the Site to disseminate unsolicited commercial email, and (iv) not use the Site for any purpose that, in SMS’s reasonable discretion, is likely to reflect badly on SMS.
We have no obligation to monitor the Website for your compliance with these Terms. However, we reserve the right to review materials posted to or Website and to remove any materials in our sole discretion.
Passwords & Security
Some functions on this Site may be limited to registered users who have obtained a user name and password. Registered users with user names and passwords may not share their user names and passwords with other persons and are entirely responsible for maintaining their confidentiality and integrity. Each registered user agrees to notify SMS if their user name or password ceases to be secure or secret.
Copyright and Trademark Notice
This Site and its contents, including, but not limited to, reports, text, photographs, graphics, illustrations, video, sound, and other material (all such content collectively referred to as “Content”) are protected under United States and international copyright laws and are the property of SMS or its third-party licensors. All rights reserved. All logos, splash screens, page headers, custom graphics, and button icons displayed on this Site are service marks, trademarks, and/or trade dress (collectively, “Marks”) of SMS or its third-party licensors. Except as specifically permitted herein, copying, distributing, transmitting, displaying, modifying, selling, or participating in the sale of, or otherwise exploiting or using any Content or any Marks in any form or by any means without the express written permission of SMS is prohibited and may violate the copyright or trademark laws of the United States and/or other countries.
The Site and its Contents are intended solely for personal use by the visitors and registered users of the Site. You may download or copy the Contents displayed on the Site for the sole purpose of using the Site as a personal resource, provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or copying.
Your Comments
We appreciate your comments, remarks, feedback, suggestions, ideas, and other submissions you disclose or transmit to us (collectively, “Comments”). You grant SMS and its affiliates a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, and publicly display (in whole or in part) your Comments, your name, and any related copyrights, moral rights, or other intellectual property rights.
Miscellaneous
These Terms are governed by and shall be construed in accordance with the laws of the State of Florida without giving effect to any principles of conflicts of law. Unless otherwise specified herein, these Terms constitute the entire agreement between the user and SMS with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SMS. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms are effective unless and until modified or terminated by SMS.
Last revised: October 15, 2023