Terms of Use

IF YOU ARE IN THE UNTIED STATES AND ARE EXPERIENCING A MEDICAL EMERGENCY, DIAL 911 OR CALL FOR EMERGENCY MED ICAL ASSISTANCE. THIS WEBSITE DOES NOT OFFER MEDICAL ADVICE AND NOTHING ON THE WEBSITE IS INTENDED TO CONSTITUTE PROFES SIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. YOU SHOULD NOT RELY ON INFORMATION RECEIVED VIA THIS WEBSITE FOR MED ICAL, LEGAL OR FINANCIAL DECISIONS. ALWAYS CONSULT WITH AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE RELATED TO YOUR SITUATION.

The information on this Website (the “Website”) is for your general information only. The Website cannot, and is not intended to, replace the relationship that you have with your health care professionals.

These Website Terms of Use, along with all other agreements, disclaimers and disclosures displayed on Website (colle ctively, the “Terms”) describe the terms and conditions under which you may use the Website. These Terms constitute a l egally binding agreement between you, the person using this Website, and Florida Health Sciences Center, Inc. d/b/a TGH Surgery Center at Morsani and its affiliate entities. Terms such as “we” or “our” refer to Florida Health Sciences Cen ter, Inc. d/b/a TGH Surgery Center at Morsani. Terms such as “you” and “your” refer to you, the user of this Website, a nd anyone assisting you to access the Website.

Please read these Terms carefully. By accessing, browsing and/or using this Website, you acknowledge that you have r ead, understood and agree to be legally bound by these Terms. We reserve the right to amend these Terms at any time and from time to time. You should check these Terms, available through a link on all of the Website’s pages, each time you use the Website to determine if any changes have been made. If you use the Website after the amended Terms have been p osted, you will be deemed to have agreed to the amended Terms.

Any modifications made to these Terms will be effective immediately upon posting to the site. You agree to review t he Terms posted on the Website each time you access the Website so that you are aware of any modifications made to thes e Terms.

License to use this Website and Website ownership.

Subject to these Terms, we grant you a personal, nontransferable, nonexclusive, revocable, limited license to view t he Website for the sole purpose of collecting information regarding our practices and related activities. You may also print a reasonable number of copies of the Website for your personal use, but in such case you must reproduce all propr ietary copyright and trademark notices. All other rights are expressly reserved.

You acknowledge that this Website and various elements contained therein are protected by copyrights, trademarks, tr ade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms , media, and technologies existing now and hereinafter developed. You also acknowledge that the Website’s content is an d shall remain the property of us or our licensors. You agree to comply with all intellectual property laws and you sha ll not encumber any interest in, or assert any rights to, the Website.

In the event you choose to provide us with any feedback, suggestions, or similar communications, all such messages ( collectively, “Feedback”) will be considered non-personal, non-confidential, and nonproprietary.

You hereby grant us a perpetual, sub-licensable, assignable, unrestricted, worldwide, royalty-free, irrevocable lice nse to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribu te your Feedback, in whole or in part, and including all intellectual property rights therein.

We may terminate this license at any time for any reason. If you breach any of these Terms, your license to the Webs ite terminates immediately. Upon termination, you must stop using this Website, including all Website, and return or de stroy all copies, including electronic copies, of the Website in your possession, custody, or control.

Restrictions on use of this Website.

By accessing this Website, you agree:

• not to use this Website in any way not explicitly permitted by these Terms or the text of the Website itself;
• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publici ty) of others;
• not to copy, modify or create derivative works involving the Website, except you may print a reasonable number of c opies for your personal use, provided that you reproduce all proprietary copyright and trademark notices;
• publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indec ent or unlawful topic, name, material or information;
• upload files that contain software or other material protected by intellectual property laws (or by rights of priva cy of publicity) unless you own or control the rights thereto or have received all necessary consents;
• upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
• not to misrepresent your identity or provide us with any false information in any information-collection portion of this Website, such as a registration or application page;
• not to take any action intended to interfere with the operation of this Website;
• not to access or attempt to access any portion of this Website to which you have not been explicitly granted access;
• not to share any password assigned to or created by you with any third-parties or use any password granted to or created by a third party;
• not to directly or indirectly authorize anyone else to take actions prohibited in this section;
• harvest or otherwise collect information about others, including e-mail addresses, without their consent;
• violate any applicable laws or regulations; and
• to comply with all applicable laws and regulations while using this Website or the Website. You represent and warrant that you are at least 18 years of age.

Copyright infringement - DMCA notice.

The Digital Millennium Copyright Act of 1998 (the DMCA) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law.

If you believe in good faith that the Website or material on this Website infringes a copyright owned by you, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.

This request should be sent to: marketing@tgh.org.

The notice must include the following information:

1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. identification of the copyrighted work claimed to have been infringed;
3. identification of the material that is claimed to be infringing or the subject of infringing activity;
4. the name, address, telephone number, and email address of the complaining party;
5. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6. a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Website should be sent to the address above.

Changes to Website.

We may change, add, or remove some or all of the Website or any content therein at any time.

In addition, please note that although our goal is to provide accurate information, certain features that may be offered through this Website, such as participating healthcare providers, pricing information or other content, may not be accurate or up to date.

In addition, please note that features of any plan or plans described in this Website may change over time as permitted by law, including services, items included in any formulary, pricing or lists of participating providers or other associated vendors.

Links.

While visiting this Website you may click on a link to other Websites and leave this Website. We provide links to other Websites that may contain information that may be useful or interesting to you. We do not endorse, and are not responsible for, the Website and accuracy of linked Websites operated by third parties or for any of your dealings with such third parties. You are solely responsible for your dealings with such third parties and we encourage you to read the terms of use and privacy policies on such third-party Websites.

No warranties.

THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. 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.

WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY INFORMATION YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

Limitation of liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE TO ANY USER OR ANYONE ELSE 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 RESULT OR ARISE OUT OF, OR ARE IN ANY WAY CONNECTED WITH, OR RELIANCE ON THE INFORMATION CONTAINED OR PROVIDED BY THIS WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE THE WEBSITE, OR FOR ANY INFORMATION, CONTENT, AND GRAPHICS CONTAINED ON OR MADE AVAILABLE THROUGH THIS WEBSITE AND THE PROVISION OF OR FAILURE TO PROVIDE THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

YOU AGREE THAT YOU USE THIS WEBSITE AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Governing law and venue; additional terms.

The laws of the State of Florida govern these Terms and any cause of action arising under or relating to your use of the Website, without reference to its choice-of-law principles.

You agree that the only proper jurisdiction and venue for any dispute in any way relating to your use of this Website is in the state and federal courts in Hillsborough County, Florida. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute.

If any provision of these Terms is determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the Terms shall remain in full force or effect.

No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

You agree to defend and indemnify us and our subsidiaries, affiliates, officers, directors, employees, and agents, harmless from any claim, demand, or damage, including reasonable attorneys' fees, arising out of or related to your breach of these Terms or your use or misuse of the Website.

Contact us.

To contact us regarding these Terms or the operation of the Website itself, contact us at marketing@tgh.org.

Last updated: August 26, 2018