Florence Health Terms and Conditions (“Terms”)

The following Terms form a binding legal agreement between you and HealthProView, Inc. dba Florence Health (“Florence Health”, “our” or “we”). Please read the Terms carefully before using our website at https://www.Florence-Health.com Services or any other online features, services and/or programs offered by Florence Health (collectively, the “Services”). By accessing the Services, you agree to the following Terms. You should review these Terms regularly as they may change at any time at the sole discretion of Florence Health. If you do not agree to any portion of these Terms, you should not access or otherwise use the Services. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the Services.

The most current version of the Terms, which will always be located on the website, will govern our relationship with you. We will try to notify you of material revisions; for example, via a service notification posted to the Services or an email to the email associated with your account. Your continued use of the Services constitutes your acceptance of any such revisions. You are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appear at the end of these Terms).

 1.      CONVENIENCE AND INFORMATION ONLY; ACCEPTANCE OF TERMS. The Content provided through the Services is for educational and informational purposes only, and is in no way intended to serve as a diagnostic service or platform, to provide certainty with respect to a diagnosis, to recommend a particular product or therapy or to otherwise substitute for the clinical judgment of a qualified healthcare professional. You agree that you will not use the Content or the Services to create physician/patient relationship or to diagnose or treat users. You are solely responsible for evaluating the Content and for your use or misuse of the Content in connection with your treatment decisions or otherwise. 

By merely providing access to the Services, Florence Health does not warrant or represent that: (a) the Content is accurate, complete, up-to-date or current; (b) Florence Health has any obligation to update any Content; (c) the Content is free from technical inaccuracies or typographical errors; (d) that the Content does not infringe on the intellectual property rights of any third party; (e) that the Content is free from changes caused by a third party; (f) your access to the Services will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through, or postings made on, the Services is accurate or complete. Your use of the Services offered therein are subject to federal law, the law of the state where Florence Health maintains your Account, or, if Florence Health transfers your Account to another location, where Florence Health currently maintains your Account (“Applicable Law”).

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 13.

 2.      SITE USE AND CONTENT.

(a)    You will not reprint, republish or distribute in any way any information or materials found on the Services.

(b)    You will not use any of the information on the Services for sending emails or for solicitation purposes or for any other purposes involving solicitation in any way.

(c)    You will not share your password or UserID (defined below).

(d)    You will access, download from and upload to the Services and use the Services only for your own personal non-commercial use and not for the benefit of any other party or for an organization or other entity or to set up a competing business.

(e)    Florence Health provides chat areas, bulletin boards, and other user generated content on the Services. You agree that you will not post any of the following material or information to the Services:

                                                              i.      Material or statements which contain vulgar, obscene, or indecent statements or pornographic images;

                                                            ii.      Defamatory or abusive statements;

                                                          iii.      Statements which threaten the person of others;

                                                           iv.      Advertising or other forms of solicitation;

                                                             v.      Statements which are bigoted, hateful, racially offensive, or which endorse or advocate illegal or immoral activity;

                                                           vi.      Content that violates any other party’s rights, including, but not limited to, copyrights or privacy and publicity rights;

                                                         vii.      Personal, sensitive, or private information about anyone other than yourself.

(f)     Although the Company may from time to time monitor or review postings, transmissions, and the like on the Services, the Company is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Services. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. The Company retains the right to remove any such posting and will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any such information or materials.

 3.      Notice and Procedure for Making Claims of Copyright Infringement. The Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Company with the following information:

(a)    A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b)    Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(c)    Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

(d)    Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

(e)    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;

(f)     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.

(a)    Notification of claimed copyright infringement should be submitted to the following email address [insert address]

 2.      BECOMING A REGISTERED USER.

(a)      USER ACCOUNT REGISTRATION. For access to the some of features available through the Services, we require that you set up a user identification name (“UserID”) and password, as well as submit other information to set up a user account (“User Account”). You may never use another person’s UserID or password to access the Services. For details on the types of data we collect for User Accounts, please visit our Privacy Policy at www.Florence Health.com/privacy.

(b)     USER ACCOUNT AND PASSWORD. We use reasonable precautions to protect the privacy of your UserID, password and User Account information. You, however, are ultimately responsible for protecting your UserID, password and User Account information from disclosure to third parties. You are required to take reasonable precautions to safeguard your UserID and password. You are solely responsible for any activity that occurs with respect to your User Account and UserID. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or interruption. Florence Health reserves the right, but does not assume responsibility, to monitor or review any activity on Florence Health’s services. You agree that you are responsible for the conduct of all users of your account and any User Data that is created, transmitted, stored, or displayed by, from, or within your account while using the Services. You will be held responsible for any consequences, legal or otherwise, that arise from your use of the Services.

(c)      DISCLOSURE OF ACCOUNT INFORMATION. Florence Health will not disclose any information to third parties about you, including email addresses, or your Account, except in the situations described below or as otherwise set forth in Florence Health’s Privacy Policy located at [www.Florence Health.com/privacy]. We will disclose such information:

           where disclosure is necessary for completing payments, or to resolve a problem related to a payment;

           to persons authorized by law in the course of their official duties;

           to comply with a government agency or court order, such as a lawful subpoena;

           to Florence Health employees, auditors, service providers, attorneys or collection agents in the course of their duties; or

           if you give Florence Health written permission (including by email).

           You have supplied your login information to another party; or

           For any other reason specified in these Terms or any other agreement Florence Health has with you.

(d)     RELATED AGREEMENTS. Your use of the Services will also be governed by the Florence Health Privacy Policy, as amended periodically, and, where applicable, a Membership Agreement and/or Terms of Sale. If any inconsistency exists between such other documentation and these Terms, then these Terms shall control to the extent of inconsistency.

 3.      ACCOUNT TERMINATION

(a)    Termination or Cancellation by Florence Health. Florence Health reserves the right, at its sole discretion, to terminate your password, account, or use of the Services and may withhold, remove and/or delete User Data without notice if you materially breach this Agreement. A material breach of this Agreement includes, but is not limited to, your failure to abide by these Terms and Conditions. If Florence Health suspends or cancels your account, your right to use the Services will stop immediately. You are responsible for backing up the User Data associated with your account and Services. Once your account is cancelled and deleted, you will not have any access to any User Data that you stored on our Services.

(b)    Termination or Cancellation by You. If you are unhappy with our Services, you have the right, at any time or for any reason.

 4.      DISCLAIMERS.

(a)      NO WARRANTIES; INDEMNIFICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, THE SERVICES AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. FLORENCE HEALTH PROVIDES THE WEBSITE AND THE SERVICES ON A COMMERCIALLY REASONABLE BASIS AND FLORENCE HEALTH MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE SERVICES, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE SERVICES ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEBSITE, THE SERVICES, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE SERVICES ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE SERVICES WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. FLORENCE HEALTH DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AND/OR THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT FLORENCE HEALTH SHALL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AND/OR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

(b)     INDEMNIFICATION. You agree to defend, indemnify and hold Florence Health and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by Florence Health, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.

 5.      LIMITATION OF LIABILITY. FLORENCE HEALTH’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICES AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE SERVICES SHALL BE THE CANCELLATION OF YOUR USER ACCOUNT WITH FLORENCE HEALTH. IN NO EVENT WILL FLORENCE HEALTH BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO THE SERVICES AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE SERVICES, AND/OR (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE SERVICES BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS FLORENCE HEALTH’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 6.      PRIVACY. Personal data that you provide regarding yourself will be handled in accordance with Florence Health’s Privacy Policy located at [www.Florence Health.com/privacy].

 7.      THIRD PARTY CONTENT.

(a)      Florence Health may provide hyperlinks to other websites maintained by third parties, or Florence Health may provide third party content on the Services by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER FLORENCE HEALTH’S CONTROL AND FLORENCE HEALTH IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD-PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD-PARTY WEBSITES LINKED TO THE SERVICES, YOU DO SO ENTIRELY AT YOUR OWN RISK.

(b)     If a third-party links to the Services, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with Florence Health. In most cases, Florence Health is not even aware that a third party has linked to the Services. A website that links to the Services: (i) may link to, but not replicate, Florence Health’s Content; (ii) may not create a browser, border environment or frame Florence Health’s Content; (iii) may not imply that Florence Health is endorsing it or its products; (iv) may not misrepresent its relationship with Florence Health; (v) may not present false or misleading information about Florence Health’s products or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups.

 8.      COPYRIGHT AND TRADEMARKS.  Everything that appears on the Services is protected under the copyright, trademark, or other intellectual property laws of the United States and other countries and may not be used except as provided in these Terms. The trademarks, service marks and logos used and displayed on the Services are Florence Health’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. Florence Health is the copyright owner or authorized licensee of all text and all graphics contained on the Services. All trademarks and service marks of Florence Health that may be referred to on the Services are the property of Florence Health. Other parties’ trademarks and service marks that may be referred to on the Services are the property of their respective owners. Nothing on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Florence Health’s trademarks or service marks without Florence Health’s prior written permission. Florence Health aggressively enforces its intellectual property rights. Neither the name of Florence Health nor any of Florence Health other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Services or otherwise, without Florence Health’s prior written permission, except that a third party website that desires to link to the Services and that complies with the requirements of Paragraph 7(b) above may use the name “Florence Health” in or as part of that URL link. If you believe that any Content on the Services violates any intellectual property right of yours, please contact Florence Health at the address, email address or telephone number set forth at the bottom of these Terms.

10.     AVAILABILITY. You acknowledge that the traffic of data through the Internet may cause delays and the website shall not be available on a continual twenty-four hour basis due to such delays and due to delays caused by upgrading, modification, or standard maintenance of the Services.

12.     TERMINATION OF SERVICE. We may terminate your User Account or right to access portions of the Services at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Services or to Florence Health.

13.     CUSTOMER COMMENTS. We welcome the submission of comments, information or feedback through the Services. By submitting information through the Services, you agree that the information submitted shall be subject to the Florence Health Privacy Policy located at [www.Florence Health.com/privacy].

14.     MISCELLANEOUS. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Florence Health’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms and the Florence Health Privacy Policy located at [www.Florence Health.com/privacy] are the entire agreement between you and Florence Health with respect to your use of the Services and the Services, and supersede any and all prior communications and prior agreements, whether written or oral, between you and Florence Health regarding the Services.

 

If you have any questions or comments about this Privacy Statement or the practices of our Services, please feel free to e-mail us at info@florence-health.com.

 

 

EFFECTIVE AS OF: August 12, 2020

LAST UPDATED: August 12, 2020