DISCLAIMER
Individual orthopedic, neurologic, and spine conditions, treatment and recovery times may vary. Every patient’s experience with interventional pain management procedures, arthroscopic, orthopedic, neurologic and spine surgery differs. All surgical procedures involve some level of risk. If directed to pursue surgery by your physician, prompt action is advised, as waiting may reduce the efficacy of surgical treatment. Patients may be required to rest 48 hours or longer post-surgery. Should the patient be provided surgical recommendation; additional time may be required prior to the procedure for insurance authorization purposes. Postoperative instructions are individual and vary from patient to patient. Follow your doctor’s advice. Interventional and surgical procedures are reserved for those patients medically cleared and scheduled for invasive medical treatment. Some patients’ individual medical conditions may require additional testing of cardiac or pulmonary function or could require investigation into metabolic or hematologic status necessitating lab studies that are performed by a third-party service provider. While your medical provider may recommend such providers, Florida Orthopedics and Neurosurgery is not responsible for the results of, nor the charges or collections associated with the diagnostic procedures facilitated by a third-party provider. Medicare, Medicaid, and most commercial insurances are currently not accepted.
The opinions expressed in any patient testimonials are by patients only. Patients are not compensated for testimonials. Individuals providing testimonial of personal experience or outcome are not qualified medical professionals. These opinions should not be relied upon as, or in place of, the medical advice of a licensed doctor or other health care provider. Individuals’ medical histories, disease pathology, anatomy, and tolerance to any medical intervention are unique. Past outcomes from other patients are not to be relied upon as the result of any similar contemplated medical intervention.
Welcome to our Website.
By visiting and using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site. The term “us” or “we” or “our” refers to Florida Orthopedics and Neurosurgery, LLC and its affiliated companies. The term “you” refers to the user or viewer of our Web Site.
Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site" or “Website”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. The Florida Orthopedics and Neurosurgery, LLC Website is an online informational service provided by Florida Orthopedics and Neurosurgery, LLC and its affiliated companies ("FONS"). The service is offered for your use subject to your acceptance of, and compliance with, the terms and conditions of this disclaimer agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. By accessing the Website you agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms and conditions, then you may not access or use the Website.
Content. The content of the Website is for general information purposes only and does not constitute advice of any kind. The Website contains information, communications, forms, software, images, sounds, materials, music, graphics, photos, videos and other material and services (the "Content"). The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Grant of Limited License below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site may be the copyrighted work of third parties. FONS tries to provide Content that is true and accurate but does not warrant the accuracy, timeliness or applicability of any of the Content. FONS reserves the right to change and modify the Content at any time. Please note that medical information in particular changes rapidly, and some of the Content may contain inaccuracies or typographical errors. Nothing in the Content can or should be considered to be the basis of a contract between you with FONS.
Grant of Limited License; You as a user of the Website agree:
(a) that all Content and FONS's name ("Florida Orthopedics and Neurosurgery," “University Orthopedic Care”) and logo are protected by intellectual property rights, including copyrights, trademarks, service marks and other proprietary rights (the "Rights"),
(b) that the Rights are valid and protected in all media existing now or later developed and
(с) that all use of the Information and FONS's name and logo by any user will be in keeping with such Rights and the terms and conditions of this Agreement. Any other use of the Content or use of FONS's name or logo is prohibited. None of the Content, or FONS's name or logo, may be otherwise reproduced, republished or re-disseminated in any manner or form without the prior written consent of FONS.
Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license
(a) to access and use the Site strictly in accordance with this Agreement;
(b) to use the Site solely for internal, personal, non-commercial purposes; and
(c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Grant of Limited License above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.
Forms, Agreements & Documents.
We may make available through the Site or through other Websites sample and actual forms, checklists, business documents and legal documents (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, current status, accuracy, and/or appropriateness. The Documents are provided “as is”, “as available”, and with “all faults”, and we and any provider of the Documents disclaim any warranties, including but not limited to the warranties of merchantability and fitness for a particular purpose. The Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the Documents are only samples and may not be applicable to a particular situation. Some Documents may be public domain forms or available from public records.
Registration.
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
Use of Personal Information / Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You must review this Privacy Policy.
Should you provide personal information to FONS; FONS will not release your name, street address, telephone number or email address to any non-affiliated entity without your consent for any non-FONS related purpose. FONS reserves the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
Third Party Content.
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
Third-Party Services.
We may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
Informational Purposes Only. The Content, including information provided about health care, is for informational purposes only. No promises or warranties of any kind, either express or implied, are made regarding the quality, accuracy or validity of the Content except where specifically stated.
No Medical Advice or Physician Relationship. The Website does not offer or provide medical advice of any kind. Nothing contained on the Website is:
(a) intended to or shall be construed to constitute professional advice for any purpose, including any medical diagnosis or treatment,
(b) intended to or shall be construed as medical advice, or
(с) intended to or shall be construed as establishing a patient and physician relationship with FONS. No patient and physician relationship will be established between you and FONS until such time as you register as a patient of FONS. You should always consult with a physician with whom you have established a patient relationship with respect to your medical care. Never disregard professional medical advice or delay seeking it because of something you've read on the FONS Website.
Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Indemnification.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
Nontransferable.
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
No Warranties and Disclaimer. FONS makes no representations or warranties as to the suitability or accuracy of products and services available through FONS as stated on the Website or otherwise included in the Content. With respect to the Content, FONS disclaims all warranties and conditions, express or implied, and including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Limitations on Liability.
- a) FONS and any Affiliated Party shall not be liable in any manner for any loss, injury, claim, liability, or damage of any kind in relation to browsing or other use of the Website including, but not limited to, your use of the Content and your downloading of any Content from the Website, or resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party.
(b) To the extent allowed by applicable law, in no instance shall FONS be liable for any direct, special, incidental, indirect, exemplary or consequential damages whatsoever including, without limitation, damages for loss of business profits, business interruption, loss of data, or any other pecuniary loss that may result or arise out of, or are in any way connected with your use of the Website, the Content or any other information or service contained on or made available through the Website. THE AGGREGATE LIABILITY OF FONS AND ANY AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
Changes to Terms and Conditions in this Agreement. FONS reserves the right to modify the terms and conditions of this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Your continued access to the Website shall be deemed to be conclusive acceptance of the modified Agreement.
Florida Law and Forum. FONS reserves the right to modify the terms and conditions of this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Your continued access to the Website shall be deemed to be conclusive acceptance of the modified Agreement.