Gastroenterology Associates of Florida
Terms of Service

These Terms of Service (the “Terms”) govern your use of the website located at https://flagastro.com (the “Website”), any online product or service provided on or through the Website, and any related services provided by Gastroenterology Associates of Florida (collectively, the “Services”).

By accessing the Website and using the Services, you agree to abide by these Terms and to comply with all applicable laws and regulations. If you do not agree with these Terms, (a) do not use the Services and (b) you are prohibited from using or accessing the Service or the Website.

We may make changes to these Terms from time to time. We, the Gastroenterology Associates of Florida (“we”), reserve the right to review and amend any of these Terms at our sole discretion. Upon doing so, we will update this page. If we make changes, we will provide you with notice of such changes, such as by sending an email (if you provide your email address and opt-in to receiving notices), providing a notice through the Website or Services, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

These Terms of Service were last updated on December 1, 2024.

Acceptance and Eligibility

ACCEPTANCE OF THESE TERMS. Please read these Terms carefully. YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THE SERVICES. BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE TO THE THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICES. References to “you” and “your” refer to any individual or entity that uses or accesses the Services If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions in these Terms. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

Privacy

For information about how we collect, use, share, or otherwise process information about you, including your protected health information (“PHI”) and personally identifiable information (“PII”), please see our Privacy Policy.

Limitations of Use/Prohibited Conduct

By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

• modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website or otherwise provided by the Services;
• remove any copyright or other proprietary notations from any materials and software on this website or otherwise included in the Services;
• transfer the materials to another person or “mirror” the materials on any other server;
• knowingly or negligently use this website or any of the Services in a way that abuses or disrupts our networks or any other service we provide;
• use this website or any of the Services to transmit or publish any harassing, indecent, obscene, fraudulent, threatening, predatory, or unlawful material;
• use this website or the Services in violation of any applicable laws or regulations;
• use this website or the Services in conjunction with sending unauthorized advertising or spam;
• use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from the website or Services or otherwise harvest, collect, or gather user, website, or Services data or content;
• use this website or the Services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties; or
• use the Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner.

Intellectual Property

We own or license all content on and included in the website and the Services, including the text, graphics, images, photographs, videos, illustrations, documents, work product, and other content and materials contained therein or otherwise provided to you in connection with the Services (the “Content”). You agree and acknowledge that we own or license all intellectual property in the Content and that the Content and the intellectual property rights therein are protected by applicable copyright, trademark, patent and/or trade secret law.

Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the website and the Services solely as and in the manner we provide the website and the Services to you.. Any use of the website or the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited. This license shall automatically terminate if you violate any of these restrictions or the Terms, and we may otherwise terminate this license at any time.

Trademarks

The trademarks, logos, product or service names, slogans and the look and feel of the websites and services are trademarks and trade dress of the Gastroenterology Associates of Florida and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on or in the website or the Services 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 by the Gastroenterology Associates of Florida.

Liability

Our website and the materials on our website are provided on an ‘as is’ basis. To the extent permitted by law, we make no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

To the full extent permitted by law, in no event shall we or our suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website,

even if we or our authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

The total liability of the Gastroenterology Associates of Florida for any claim arising out of or relating to these Terms, the website, or our Services, regardless of the form of the action, is limited to $100.

Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless the Gastroenterology Associates of Florida and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners, and employees (individually and collectively, the “Indemnified Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your breach or violation of these Terms; (c) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (d) your conduct in connection with the Services. You agree to promptly cooperate with the Indemnified Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Indemnified Parties will have control of the defense or settlement, at the Gastroenterology Associates of Florida’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and the Indemnified Parties.

Release

To the fullest extent permitted by applicable law, you release the Indemnified Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.

Accuracy of Materials

The materials appearing on our website are not comprehensive and are for general information purposes only. We do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.

Links

We have not reviewed the sites linked to the website or in the Services, or any third-party content included therein (collectively, “Third-Party Content”) and are not responsible for such Third-Party Content. The inclusion of any link, Third-Party Content or reference thereto does not imply endorsement, approval, or control by the Gastroenterology Associates of Florida of the Third-Party Content. Use of any Third-Party Content is at your own risk and we strongly advise you make your own investigations with respect to the suitability of such Third-Party Content.

Right to Terminate

We may suspend or terminate your right to use our website and terminate these Terms immediately upon written notice to you for any breach of these Terms.

Severance

Any term of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms is not affected.

Governing Law

These Terms are governed by and construed in accordance with the laws of Rhode Island, USA without regards to its conflict of laws provisions.

Except for small claims disputes in which you or we seek to bring an individual action in small claims court located in the county of your billing address or claims for injunctive relief by either party, any dispute or controversy arising out of, in relation to, or in connection with these Terms or your use of the website or Services shall be finally settled by binding arbitration in [recommend city in state above – e.g., Dallas Texas] and the then current rules of JAMS (formerly known as Judicial Arbitration & Mediation Services) by one (1) arbitrator appointed in accordance with such rules. Where arbitration is not required by these Terms, the exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in [recommend city in state above – e.g., Dallas Texas], and each of the parties hereto waives any objection to jurisdiction and venue in such courts. ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SALES TRANSACTIONS BETWEEN YOU AND THE Gastroenterology Associates of Florida, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS AND CONDITIONS. YOU ALSO AGREE NOT TO BRING ANY LEGAL ACTION, BASED UPON ANY LEGAL THEORY INCLUDING CONTRACT, TORT, EQUITY OR OTHERWISE, AGAINST THE Gastroenterology Associates of Florida THAT IS MORE THAN ONE YEAR AFTER THE DATE OF THE APPLICABLE ORDER.

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section by emailing communications@gialliance.com . In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration.

Miscellaneous

These Terms, together with our Privacy Policy a, constitutes the entire agreement between the parties relating to the Services and all related activities. These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms issued by us. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of the Gastroenterology Associates of Florida to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by the Gastroenterology Associates of Florida must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent.