Terms of use
Acceptance of Terms
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) CAREFULLY. These Terms are a binding agreement between you and Guardian Physician Group (“GPG”). In these Terms, the word “Site” refers to this website and websites that link to these Terms, and the services offered on the Site. You automatically agree to these Terms and to our Privacy Statement simply by using or logging into the Site.
We reserve the right, at any time, to modify, alter or update these Terms, and any such modification, alterations or updates to the Terms will be effective upon posting. In the event we modify, alter or update these Terms, your continued use of the Site will signify your acceptance of any such changes.
Intellectual property
Guardian Physician Group and any and all other marks and logos, whether registered or unregistered, displayed on the Site are the proprietary trademarks or service marks of GPG or its licensors. GPG's marks may not be used in connection with any product or service that is not GPG's, in any manner that is likely to cause confusion among consumers, or to disparage or discredit GPG. All other marks not owned by GPG that appear on the GPG Site are the property of their respective owners, who may or may not be affiliated with or connected to GPG.
All content on the Site, including, but not limited to, design, text, graphics, logos, button icons, images, software, videos, audio clips, and data compilations (“Content”), plus any improvements or modifications to such Content and any derivative works thereof, and the collection, arrangement and assembly of all Content on the Site is the property of GPG or its licensors and is protected by United States and international copyright and other intellectual property laws.
We retain title, all intellectual and proprietary rights (including, without limitation, patent, copyright, trademark and trade secret rights), and all other rights in and to the Site, all information, resources, content, tools, services and other features accessible thereon, all our business methods and processes, and all modifications, improvements, enhancements and new functionalities added to any of the foregoing. Except for the access and usage privileges that we specifically grant to you in and subject to these Terms, nothing shall be construed to grant to you or any other user any license, title, interest or right in or to any of the foregoing.
Any of the content or materials contained on the Site may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, reposted or otherwise used in any format or media except as provided in this Section without the express prior written permission of GPG. The unauthorized copying, reproduction, distribution, display, modification or use of any portion of the Site constitutes actionable copyright infringement.
The Site may include information, articles, newsletters, documents and other Content. You may download, view, copy and print information, documents and other materials on or from the Site (i) solely for personal, informational purposes; and (ii) provided that neither the materials, nor any proprietary notices therein, are modified or altered. You agree not to upload on or transmit to or via the Site any information or other Content which: (i) infringes or otherwise violates any copyright, patent, trademark, trade secret or other proprietary right; (ii) is defamatory, libelous, expresses hate, or is unlawfully threatening; (iii) is pornographic, obscene or exploitative of a minor; (iv) contains or embodies a virus, worm, Trojan Horse or other contaminating or destructive feature; or (v) otherwise violates any applicable law, regulation or treaty.
You agree to access the Site through a web browser. You further agree you will not use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the Site. You agree not to take any other action that imposes an unreasonable or disproportionate large load on the Site. You agree you will not interfere, in any way, with others’ use of or access to the Site and will not attempt to gain unauthorized access to the computer system of any other Site user.
Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way the Site or any portion of or information on the Site, without the prior written permission of GPG
GPG assumes no liability, and shall not be held responsible for any action you take in connection with your use of the Site.
You may include on your website a link to the Site, provided that (i) you have received the prior written consent of GPG to include on your website a link to the Site; (ii) the link leads solely to the homepage of the Site; (iii) your website does not contain content that infringes any intellectual property or other proprietary right of GPG or a third party; is defamatory, libelous or expresses hate; is pornographic, obscene or exploitative of a minor; or otherwise violates any applicable law, regulation or treaty; and (iv) neither the link nor any other content on your site suggests your site is sponsored by or affiliated with GPG or the Site. We reserve the right to revoke, at any time, any consent we may grant to link your website to the Site.
Privacy
The terms of our Privacy Policy, to the extent applicable, are hereby incorporated as part of these Terms. The protections for any information you post or otherwise provide to GPG via the Site are described in our Privacy Policy. YOU SHOULD REVIEW THE PRIVACY POLICY AND CONSIDER THE PRIVACY IMPLICATIONS CONCERNING ANY INFORMATION YOU PROVIDE TO GPG BEFORE YOU PROVIDE SUCH INFORMATION.
Not medical advice
No aspect of the Site is intended to provide, or should be construed as providing, any professional medical advice, diagnosis or treatment of any kind. The Site may contain Content relating to various medical, health and fitness conditions and their treatments. Such Content is intended for informational purposes only and is not meant to be a substitute for the advice provided by your own physician or other health care professional. You should not use the information contained on the Site for diagnosing a medical, health or fitness related condition or disease. If you have any concerns or questions about your health or medical condition, you always should consult with a physician or other health care professional. Never disregard, avoid or delay obtaining medical or health care advice or assistance from your health care professional because of something you may have read on the Site, or otherwise consider any Content on the Site to be a substitute for professional medical advice.
IN AN EMERGENCY, CALL 911 OR OTHER EMERGENCY NUMBER. THIS SITE IS NOT INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PRACTICE OF HEALTH CARE SERVICES BY GPG. YOUR USE OF THE SITE DOES NOT CREATE A PHYSICIAN / PATIENT, CONFIDENTIAL, OR OTHERWISE PRIVILEGED RELATIONSHIP, OR ANY OTHER RELATIONSHIP THAT WOULD GIVE RISE TO ANY DUTY ON THE PART OF GPG.
Links to third-party sites
The Site may provide links to the websites of third parties. Such links are provided solely as a convenience to you. GPG is not responsible for the content of such links, or any advertisements, products, services or other materials relating to such links, any linked site, or any link contained in a linked site. The display of any link or related content does not imply endorsement by GPG of the linked site or any content therein.
IN NO EVENT WILL GPG BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY LINKS OR RELATED CONTENT, OR ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH LINKS, ANY LINKED THIRD PARTY WEBSITE, OR ANY LINK CONTAINED IN A LINKED WEBSITE.
Prior to navigating or purchasing products via any third party website, you should carefully review the privacy statements of such third party and the third party’s terms and conditions of sale and website use. GPG is not responsible for third-party linked websites nor is GPG responsible for the content of any of the linked websites. GPG provides these links as an additional resource for its users and does not endorse the companies that own, control or manage the linked websites, nor does GPG endorse or support any views expressed or products or services offered by or through any linked websites.
Disclaimer of warranties and limitation of liability
GPG MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS, ENDORSEMENTS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SITE OR THAT THE CONTENTS OR SERVICES PROVIDED VIA THE SITE ARE ACCURATE OR SUITABLE FOR ANY PARTICULAR PURPOSE. THE SITE DOES NOT HANDLE PROTECTED HEALTH INFORMATION AND INFORMATION PROVIDED ON THE SITE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, INCLUDING ALL CONTENT, SERVICES, SOFTWARE OR INFORMATION MADE AVAILABLE ON THIS SITE, IS AT YOUR OWN RISK AND THAT ALL SUCH INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER GPG, ITS DIRECTORS, OFFICERS, ITS EMPLOYEES OR ITS AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER REGARDING THE CONTENTS OF THIS SITE, INFORMATION MADE ACCESSIBLE BY THE SOFTWARE USED ON THIS SITE, OR ANY PRODUCTS, SERVICES OR HYPERTEXT LINKS TO OUTSIDE WEBSITES. GPG, ITS AFFILIATES AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATED TO ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, GPG DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SITE. GPG DOES NOT REPRESENT OR WARRANT THAT A USER’S ACCESS WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. WHILE GPG MAKES REASONABLE EFFORTS TO PROTECT THE SITE, IT DOES NOT GUARANTEE THAT THE SITE WILL BE FREE FROM VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL GPG, ITS AFFILIATES, OR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY ARISING IN CONNECTION WITH ANY PARTY’S USE OF THE SITE OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS SITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY OR ANY CONTENTS OF THIS SITE OR ANY OTHER WEBSITE, EVEN IF GPG IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Certain state laws do not permit limitations on implied warranties or the exclusion or limitation of certain types of damage, and thus some or all of the disclaimer, exclusions or limitations above may not apply to you. Such disclaimers, exclusions and limitations apply to the maximum extent permitted by law. If you are dissatisfied with any aspect of our Site or the services available via our Site, your sole and exclusive remedy is to discontinue access.
Indemnification
You agree to indemnify and hold GPG harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees and court costs) arising from or in connection with (i) your use of the Site or any information or materials contained or displayed therein; (ii) your violation of these Terms; (iii) any materials, information or content you post on the Site or otherwise provide to GPG; or (iv) your violation of any rights of any third party.
Governing law
The laws of the State of Florida will govern these Terms, without giving effect to any principles of conflict of laws. You agree that any action arising out of the Terms, your use of the Site, or any other dispute with GPG shall be brought in state or federal court in the Middle District of Florida, and you consent to the jurisdiction of such courts.
Miscellaneous
GPG reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Site. GPG's decision not to pursue legal action for any violation of the Terms shall not be construed as a waiver of the Terms or GPG’s legal rights. If any portion of these Terms is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of remaining provisions. These Terms set forth the entire understanding between you and GPG with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and GPG with respect to such subject matter.
Contact
If you have any questions relating to these Terms, the Site or GPG, please email info@guardianphysiciangroup.com.