Access® Health Care Physicians Website Terms, Conditions and Notices
Welcome to the Access Health Care Physicians® website (the "Website"). This Website is provided solely to assist persons in gathering and sharing health information, posting opinions of health related issues, engaging in interactive health forums, posting recommendations and tips, and posting photos and videos and for no other purpose. The terms "we", "us", "our", "Access®" refer to Access Health Care Physicians, LLC, a Florida limited liability company and/or our affiliates or subsidiaries. The term "you" refers to the person visiting the Website and/or contributing content on this Website.
This Website is offered to you conditioned upon your acceptance without modification of all of the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using this Website in any manner, you agree to be bound by the Agreement, just as if you had signed this agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
WE WELCOME PEOPLE TO BECOME MEMBERS Access Health Care Physicians® welcomes members to describe their health experiences, upload content and share their health experiences through our chat rooms, discussion forums, and e-mail accounts. We believe that a way to maintain our quality membership is to keep our members informed about the policies of Access Health Care Physicians®.
WE VALUE FREEDOM OF EXPRESSION BUT WE DO NOT GUARANTEE FREE SPEECHAccess Health Care Physicians® values freedom of expression on our site but we do not guarantee the right to free speech. We believe our community will thrive when there is freedom to present what you want, but not at the expense of others. Access Health Care Physicians® reserves the right to control the access and use of its website in any way it chooses in its sole discretion. Access Health Care Physicians® reserves the right to delete or modify or otherwise use in any way any content you post on its site in its sole discretion.
USE OF THE WEBSITEAs a condition of your use of this Website, you represent and warrant that:
All information supplied by you on this Website is true, accurate, current and complete
If you have an Access Health Care Physicians® account, you will safeguard your account information and be
completely responsible for any use of your account by anyone other than you
You are 13 years of age or older in order to register for an account and contribute to the Website, and
You understand and agree that none of the information you supply on this Website is private regardless
of what manner you use to interact with the Website. Access Health Care Physicians® does not permit persons under the age
of 13 to use this Website and does not knowingly collect the information of anyone under the age of 13.
We retain the right at our sole discretion to deny access to anyone to this Website and the services
we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
CHILD ONLINE PROTECTION ACT NOTIFICATIONSPursuant to 47 U.S.C. Section 230(d), as amended, ACCESS HEALTH CARE PHYSICIANS® hereby notifies you that parental control
protections (such as computer hardware, software, or filtering Services) are commercially available
that may assist you in limiting access to material that is harmful to minors. Information identifying
current providers of such protections is available at the Electronic Frontier Foundation website,
PROHIBITED ACTIVITIES The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material of any nature), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
Use this Website or its contents for any commercial purpose;
Access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our written permission;
Violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
Take any action that imposes, or may impose, in our opinion, an unreasonable or disproportionately large load on our infrastructure;
Deep-link to any portion of this Website for any purpose without our written permission;
"frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Access Heath Care Physicians® in connection with the Website or the services;
Resell, redistribute, broadcast, transfer or use the information or content in a searchable, machine-readable database;
REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREASWe appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any health information, questions, comments, photos, videos, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant Access Health Care Physicians® and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to:
Use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and
Use the name that you submit in connection with such Submissions. You acknowledge that Access Health Care Physicians® may choose to provide attribution of your comments or reviews at our discretion. You further grant Access Health Care Physicians® the right to pursue at law any person or entity that violates your or Access Health Care Physicians®'s rights in the Submissions by a breach of this Agreement.
You acknowledge and agree that Submissions are non-confidential and non-proprietary. You agree that Submissions are not private and are not protected health information under any regulatory scheme.
The Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post health information or other content, messages, materials or other items on the Site ("Interactive Areas"). If Access Health Care Physicians® provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
Any message, data, information, text, music, sound, photos, videos, graphics, code or any other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent (including nudity or the suggestion of nudity), lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs or rude or deliberately offensive comments or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over);
Content that would constitute, encourage or provide instructions for a criminal offense (in particular but not limited to: hacking, cracking, phishing or phreaking), violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of a securities exchange such as the New York Stock Exchange (NYSE), the American Stock Exchange or the NASDAQ or any health related agency;
Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; including "WAREZ" (copyrighted software that is distributed illegally) and "mp3" files;
Content that impersonates any person or entity or otherwise misrepresents or falsely states your affiliation with a person or entity, including but not limited to Access Health Care Physicians®;
Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
Solicitation for other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users;
Commentary of a purely political or religious nature or designed to further ones political or religious view over another or to suppress another person's religious or political views;
Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive files;
Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted;
Content that purports or implies that you have licenses, certificates, education, skills or experience that is materially greater than that you actually possess; or
Content or links to content that, in the sole discretion of Access Health Care Physicians®.
Violates the previous subsections herein,
which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or
which may expose Access Health Care Physicians® or its affiliates or its users to the risk of any harm or liability of any type.
Access Health Care Physicians® takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Access Health Care Physicians® liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Access Health Care Physicians® is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although Access Health Care Physicians® has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Access Health Care Physicians® reserves the right, and has absolute discretion, to modify, remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
If it is determined that you retain moral rights (including but not limited to rights of attribution or integrity) in the Content, you hereby declare that
you do not require attribution in any form or that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto;
you have no objection to the publication, use, modification, deletion and exploitation of the Content by Access Health Care Physicians® or its licensees, successors and assigns in any media, form or venue;
you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and
you forever release Access Health Care Physicians®, and its licensees, successors and assigns, from any claims that you could otherwise assert against Access Health Care Physicians® by virtue of any such moral rights.
ADVERTISINGWe require that our logo and the banner advertisements of our sponsors, if any, are displayed throughout the website and our Members do not share in any revenue which may be derived from such advertisements.
WEB STORAGEAccess Heath Care Physicians® provides members with free web space for their Content. "Free Web Space," as defined by Access Heath Care Physicians®, is comprised of hypertext markup language (html) and associated files, intended solely for the audio/visual presentation of Content. The spirit of Free Web Space is specifically not intended as a storage facility for members' personal digital files. Using it as such is a violation of this User Agreement. Also please note that images are only saved for the purposes of display on Access Heath Care Physicians®, not for storage or other purposes. Members cannot assume that Access Heath Care Physicians® will preserve the specific content, or the quality or resolution of any picture uploaded to Access Heath Care Physicians®. Access Health Care Physicians® may not allow certain individual image images to be uploaded by our members' if they are extremely large.
EMAIL AND PROFILE INFORMATIONAccess Heath Care Physicians® uses e-mail to inform you of the status of your Content, new membership benefits and features, to let you know of urgent problems on our site, and to present special members-only opportunities to buy products and services that are appropriate to the interests of our community. If you elect not to receive our e-mail messages by removing yourself from our mailing list, you forfeit ALL of your Access Heath Care Physicians® membership benefits including any and all free services that Access Heath Care Physicians® offers including, but not limited to, the Access Heath Care Physicians® content hosting service.
INVESTIGATION OF COMPLAINTSWe reserve the right to decide whether to monitor or investigate any complaints regarding any Content of ACCESS® members' pages, message-board postings, or any chat room statements and whether to take action if ACCESS® finds any violation of this User Agreement. Accordingly, you agree that ACCESS® will have the right to access your information at any time, without advance notice. In the case of any such complaint, ACCESS® reserves the right to remove the Content complained of while the ACCESS® member and the complaining party attempt to resolve their dispute. ACCESS® is the final arbiter of what IS and IS NOT allowed on our site. Further, ACCESS® reserves the right to modify or remove anything submitted to ACCESS®, and to cancel any membership, at any time for any reason without prior notice. ACCESS® is not obliged to maintain back-up copies of any material submitted or posted on our site.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Please note that you may be liable for damages (including costs and attorneys fees) if you make a false claim of copyright infringement.
We will investigate, review and address all notices that comply with the requirements above.
LIABILITY DISCLAIMERTHE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY, AND SHOULD BE ASSUMED TO, INCLUDE INACCURACIES OR ERRORS. ACCESS®, ITS SUBSIDIARIES AND CORPORATE AFFILIATES (COLLECTIVELY, ACCESS® COMPANIES) DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO ANY CONTENT APPEARING ON THIS WEBSITE OR THE INFORMATION AND DESCRIPTION OF ANY OTHER PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF FEATURES, GENERAL PRODUCT DESCRIPTIONS, ETC.)
ACCESS® COMPANIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY ACCESS®. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE ACCESS® COMPANIES DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM ACCESS®, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE ACCESS® COMPANIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
IN NO EVENT SHALL THE ACCESS® COMPANIES, THEIR PARTNERS (ITS OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHETHER RESULTING FROM NEGLIGENCE OF ANY PERSON OR OTHERWISE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON INFORMATION OR OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ACCESS® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Access Heath Care Physicians® and its corporate affiliates and parent companies.
INDEMNIFICATIONYou agree to defend and indemnify Access Heath Care Physicians® and any of its officers, directors, employees and agents from and against any claims, causes of action, suits or proceedings, demands, recoveries, losses, liabilities, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
Your breach of this Agreement or the documents referenced herein;
Your violation of any law or the rights of a third party; or
Your use of this Website.
Any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy;
Any misrepresentation made by you in connection with your use of the Services;
Any non-compliance by you with the terms and conditions of this User Agreement; and
Claims brought by persons or entities other than the parties to this User Agreement arising from or related to your access and use of the Services, including the information obtained through the Services.
LINKS TO THIRD-PARTY SITESThis Website may contain hyperlinks to websites operated by parties other than Access Heath Care Physicians®. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) are free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on Access Heath Care Physicians® to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.
SOFTWARE AVAILABLE ON THIS WEBSITEUnless otherwise specified, the materials on the Website are presented solely to provide information regarding and to promote Access Heath Care Physicians®'s services, websites, partners and other products available in the United States, its territories, possessions and protectorates. The Access Heath Care Physicians® Websites are controlled and operated by Access Heath Care Physicians® from its offices in the state of Florida in the United States. Access Heath Care Physicians® makes no representation that materials on the Access Heath Care Physicians® Websites are appropriate or available for use outside the United States. You are prohibited from accessing or using the Website in any jurisdiction where such access or use is prohibited or restricted by law. Those who choose to access the Access Heath Care Physicians® Website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Access Heath Care Physicians® Websites is further subject to United States export controls. No software from the Access Heath Care Physicians® Websites may be downloaded or otherwise exported or re-exported
into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or
to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Access Heath Care Physicians® Websites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Any software that is made available to download from the Access Heath Care Physicians® Websites ("Software") is the copyrighted work of Access Heath Care Physicians®, or Access Heath Care Physicians® Affiliates, or other third party software as identified. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML, XML, Java code and Active X controls contained on this Website, is owned or licensed by Access Heath Care Physicians®, or its affiliates, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
COPYRIGHT AND TRADEMARK NOTICESAll contents of this Website are copyrighted by Access Heath Care Physicians® with all rights reserved. Access Heath Care Physicians® is not responsible for content on websites operated by parties other than Access Heath Care Physicians®. ACCESS®, and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of Access Heath Care Physicians®, LLC and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Access Heath Care Physicians® or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Access Heath Care Physicians® and may not be copied, imitated or used, in whole or in part, without the prior written permission of Access Heath Care Physicians®. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Acces Heath Care Physicianss®.
If you are aware of an infringement of either your brand or our brand, please let us know by e-mailing us email@example.com. We only address messages concerning brand infringement at this email address.
GENERALThis Website is operated by a U.S. entity and this Agreement is governed by the laws of the State of California, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Florida, USA and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Website. You agree that all claims you may have against Acces Heath Care Physicianss®, arising from or relating to the Website must be heard and resolved in a court of competent subject matter jurisdiction located in the state of Florida. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this User Agreement. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, agency, partnership, or employment relationship exists between you and the Access Heath Care Physicians® Companies as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Access Heath Care Physicians® with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Access Heath Care Physicians® with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
The headings used in this Agreement are for convenience and reference purposes only, and shall not be used in construing or interpreting the scope or intent of this Agreement or any provision hereof.
Any rights not expressly granted herein are reserved.
Access Health Care Physicians, LLC
5350 Spring Hill Drive,
Spring Hill, FL 34606