Welcome to Arnold Palmer Hospital’s Online Community Website (hereinafter referred to as the "Website"), an online information and communications service provided by the Orlando Health, Inc., (hereinafter referred to as “Orlando Health”). This policy is intended to cover all uses for the Website, although additional conditions, restrictions and privacy policies may apply.
This User Agreement ("Agreement") is between you and Orlando Health, with a principal place of business at 1414 Kuhl Ave Orlando, FL 32806. Your use and access of the Website constitutes your acceptance, without modification, of the terms, conditions and notices contained herein. In addition, when using particular Website services, you shall be subject to any posted guidelines, rules, and policies applicable to such services that may be posted from time to time. All such guidelines, rules, and policies are hereby incorporated by reference into this Agreement. Your rights and obligations under this Agreement are not assignable.
By using this Website you acknowledge that you have carefully and completely read this Agreement and that you accept the all of the terms and conditions stated herein. If you do not agree to the terms and conditions of this Agreement, you may not access, view, obtain goods or services from, or otherwise use this Website.
You are responsible for regularly reviewing this Agreement. Orlando Health reserves the right, in its sole discretion, to change, modify, add, remove or terminate any portion of this Agreement, in whole or in part, at any time, without prior notice.
You acknowledge that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify Orlando Health or its affiliates for all claims resulting from content you supply.
You shall not upload, email, post or transmit to, or distribute or otherwise publish through the Website any material which:
Orlando Health reserves the right (but is not obligated) to do any or all of the following:
You will not create or participate in any activity determined by Orlando Health to have been created for the purpose of exchanging or swapping images, music, or other protected intellectual property.
We reserve the right to release information to the proper authorities if the information is subpoenaed and/or if Orlando Health deems it necessary and/or appropriate. Orlando Health has the right, but not the obligation, to refuse service, terminate accounts, or remove or edit content, in its sole discretion.
By posting messages, creating or modifying a home page, chatting, uploading files, inputting data, transmitting e-mail, or engaging in any other form of communication (individually or collectively "Communications") to or through the Website, you hereby grant to Orlando Health a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications throughout the world, in all media now known or hereafter developed. You hereby waive all rights to any claim against Orlando Health for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
You will be responsible for your own Communications and the consequences of posting or otherwise transmitting those Communications. Orlando Health does not represent or guarantee the truthfulness, accuracy, or reliability of any material posted or otherwise transmitted by Website users or endorse any opinions expressed by such users. Orlando Health does not generally screen, monitor or approve Communications from Website users in advance. However, Orlando Health may, from time to time, participate in communications on the Website, or review communications on the Website. If Orlando Health does identify Communications which violate this agreement, or if Orlando Health receives notification about a user regarding Communications which allegedly do not conform to this Agreement, Orlando Health has the right, but not the obligation, to investigate the allegations and determine in good faith and at its sole discretion whether to remove or request the removal of the Communication. Orlando Health has no liability or responsibility to users for performance or nonperformance of such activities. Orlando Health reserves the right to expel users and prevent their further access to the Website for violating this Agreement or violating the law. Orlando Health has the right, but not the obligation, to remove Communications that are abusive, illegal, disrespectful, disruptive, or otherwise problematic.
Orlando Health may immediately, without prior notice, issue a warning, temporarily suspend, indefinitely suspend, or terminate your use of and access to the Website, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. Your sole remedy against Orlando Health in the event of a dispute arising out of this Agreement, the Website or your use thereof, is to terminate this Agreement by ceasing your use of the Website. In the event of termination of this Agreement, Orlando Health may delete and/or store, in its discretion, data associated with your use of the Website. Orlando Health may also change, suspend, or discontinue any aspect of the Website at any time, including the availability of any feature, database, or content.
Gathering email addresses from this Website through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other users is prohibited. Inquiries regarding a commercial relationship with Orlando Health should be made through our contact form.
"Find-A-Physician" is compiled and published by Orlando Health as a reference for professional information on Orlando Health physicians. It is intended for use by the general public for quick access to information on physicians associated with Orlando Health.
"Find-A-Physician" or any of its data, listings or other constituent elements may not be downloaded, republished, resold or duplicated, in whole or in part, for commercial or any other purposes or for purposes of compiling mailing lists or any other lists of physicians. The use of "Find-A-Physician" to establish independent data files or compendiums of statistical information is prohibited.
The use of "Find-A-Physician" by hospitals, managed care organizations, PPOs or other healthcare entities to verify the credentials of physicians is not sufficient to meet the standards of the Joint Commission (JCAHO), National Committee for Quality Assurance (NCQA) or the Utilization Review Accreditation Committee (URAC). The database of physician information for "Find-A-Physician" does not contain sufficient information with which to verify physician credentials.
The content, products and services offered on the Website are to educate consumers on health care and medical issues that may affect their daily lives. Nothing in the content, products or services should be considered, or used as a substitute for, medical advice, diagnosis or treatment. This Website and its services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. You should always talk to your health care provider for diagnosis and treatment, including your specific medical needs. None of the products or services offered through this Website represents or warrants that any particular service or product is safe, appropriate or effective for you. Orlando Health advises users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone.
Orlando Health makes no warranty, express or implied, with respect to the content, information, or services provided through, or in conjunction with, the Website. Orlando Health makes no guarantee of the accuracy, correctness or completeness of any information on the Website, and shall not be responsible for: (i) any errors of omission arising from the use of such information; (ii) any failures, delays or interruptions in the delivery of any content or service contained within the Website; and/or (iii) any defamatory, libelous or unlawful material contained within the Website, including user web pages, resumes, emails, profiles, opinions, advice, statements, memorandums or discussion board postings, or materials related to a users' use of the Website's chat features. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Orlando Health advises users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of something you have read on this Website. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone. You acknowledge that neither Orlando Health nor its Website members, while such members are participating in the Website, are engaged in rendering legal, medical, counseling, or other professional services or advice. Orlando Health has the right, but not the obligation, to correct any errors or omissions in any portion of the Website.
You agree that your use of the website is at your own risk. The website, including all content, software, functions, services, materials, and/or information made available or discussed on or accessed through the website, is provided "as is," without warranty of any kind. In no event shall Orlando Health be liable for any direct, indirect, incidental, special or consequential damages arising out of or in any way connected with the use of the website or with the delay or inability to use same, or with hypertext or graphic links to third parties, or for any breach of security associated with the transmission of sensitive information through the website or any linked website, or for any information, products, and services obtained through the website, or otherwise arising out of the use of same, whether based on contract, tort, strict liability or otherwise, even if Orlando Health has been advised of the possibility of damages and even if such damages result from Orlando Health’s negligence or gross negligence. Further, Orlando Health disclaims any express or implied warranties, including, without limitation, non-infringement, merchantability, and/or fitness for a particular purpose. Orlando Health dos not warrant that the functions contained in the website or any materials or content contained or available therein will be uninterrupted or error free, that defects will be corrected, or that the website or the server that makes it available is free of viruses or other harmful components. 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. In such states, Orlando Health’s liability shall be limited to the fullest extent permitted by law. Additional disclaimers appear within the body of this website and are incorporated herein by reference. To the extent any such disclaimers place greater restrictions on your use of this website or the material contained therein, such greater restrictions shall apply.
The links found on the website will let you leave this website and go to websites operated by parties other than Orlando Health. The linked websites are often not under the control of Orlando Health and Orlando Health is not responsible for the contents of any linked websites or any link contained in a linked websites that are not owned and operated by Orlando Health, or any changes or updates to such websites. Such links by the websites to websites maintained by third parties do not constitute an endorsement, guaranty, or warranty by Orlando Health, or any of its affiliates, of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between Orlando Health, or any of its affiliates, and any linked third party or their content. Orlando health does not assume any responsibility or liability for the actions, product, content and/or information of these and other third parties and/or their websites. You should carefully review their privacy statements and other conditions of use.
By offering a number of third party products and services, including advertisements, on this website, Orlando Health makes no warranties or representations of any kind as to the content or suitability of the subject matter of any website, product or service from any such third party business or individual. Orlando health expressly disclaims liability for direct, consequential, or incidental damages arising from the products, services, advertisements, actions, or website content of these and any other third parties, and you waive any claims against Orlando Health for damages arising from such transactions or your reliance upon statements contained therein. You will not consider Orlando Health nor will Orlando Health be construed as, a party to such transactions, whether or not Orlando Health may have received some form of revenue or other remuneration in connection with the transaction. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. You agree that use of 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, and/or non-infringement. Under no circumstances is Orlando Health liable for any damages arising from the transactions between you and merchants found on the website or for any information appearing on merchant websites or any other website linked from or to our website.
Any cause of action you may have with respect to your use of the Website must be commenced within one year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
You shall defend or settle at your sole expense any claim or suit, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, (collectively, an "Action") against Orlando Health and/or each of its affiliates, directors, officers, agents, employees or sublicensees, (collectively, the "Indemnitee") to the fullest extent permitted by law arising out of or in connection with (1) an assertion that the information, content or other materials or services provided or made available by you or the use thereof may infringe any copyright or trademark rights of any individual or entity, or are a misappropriation of any individual or entity's trade secret, or contain any libelous, defamatory, disparaging, pornographic, or obscene materials; (2) any breach by you of your obligations under this Agreement; and (3) any content provided by you in a chat room, message board, e-mail, or home page (created or used by you) on the Website, or content made/posted by you on the Website. You shall indemnify and hold harmless the Indemnitee from and against any and all damages, costs, liabilities and attorneys' fees incurred in defending and/or resolving such Action.
The marks "Orlando Health," "Arnold Palmer Hospital for Children," and “Winnie Palmer Hospital for Women & Babies” and their logos are trademarks and/or service marks of Orlando Health. The content and design of this Website is protected by U.S. and international copyright laws. You may not copy, reproduce, republish, upload, post, display, transmit or frame any of these materials without prior written consent from the copyright owners, except that you may view, download, display and print a single copy of these materials on a single computer for personal, noncommercial use only, so long as: you do not alter or modify the materials in any way; you include all applicable notices and disclaimers (including copyright notices); and you do not use the materials in a way that suggests an association with Orlando Health or an affiliated Orlando Health entity. You understand and agree that title to these materials shall not pass to you or any other user.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Website are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights as a collective work and/or compilation, pursuant to international conventions and U.S. and other copyright laws. Other product and company names mentioned herein may be the trademarks of their respective owners. The contents, and every part thereof, of the Website are only for your personal, non-commercial use. You do not acquire ownership rights to any content, document, or other materials viewed through our Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on our Website. Unless otherwise prohibited from doing so, you may download and make one (1) copy of the content and other downloadable items displayed on the Website for your personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such content. Any copying, republication, or redistribution of Website content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of Orlando Health and/or the respective intellectual property rights holder identified in the subject content.
Orlando Health respects the intellectual property rights of others and expects our users to do the same. The policy of Orlando Health is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Orlando Health's Legal Counsel (address provided in “Miscellaneous” section below) with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (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 copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that Website; (3) 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 Orlando Health to locate the material; (4) information reasonably sufficient to permit Orlando Health to contact 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.
Notices under this Agreement shall be sufficient only if in writing and transmitted via personal delivery or mailed, postage or charges prepaid, by certified or registered mail, return receipt requested, to Orlando Health, Attn: Legal Department, 1414 Kuhl Ave., MP 2 Orlando, FL 32806.
This Agreement shall be governed and constructed in accordance with the laws of the State of Florida without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate state or federal court in Florida.
If you have any questions about the Website or this Agreement, please contact Orlando Health at firstname.lastname@example.org.