Disclaimer
The contents of the Site, such as text, graphics, photographs, software
and other material (the "Content")is presented for informational
purposes only. Pediatric Pulmonary Associates, P.A. (PPA) will use
reasonable efforts to include up-to-date and accurate information in
this Site, but makes no representations, warranties, or assurances as to
the accuracy, currency or completeness of the Content provided,
including third party information, such as, but not limited to, press
releases, articles, or information from third-party web sites linked to
or from this Site.
YOU SHOULD NOT RELY ON ANYTHING CONTAINED ON THE SITE TO SUGGEST A
COURSE OF TREATMENT FOR ANY MEDICAL CONDITION. THE CONTENT CANNOT
SUBSTITUTE FOR CONSULTATION WITH A PHYSICIAN OR OTHER QUALIFIED HEALTH
PROVIDER. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM,
PROMPTLY CONTACT YOUR HEALTH CARE PROVIDER. YOU SHOULD NEVER DISREGARD
MEDICAL ADVICE, AVOID OR DELAY VISITING A MEDICAL PROFESSIONAL, OR
DEVIATE FROM ANY TREATMENT PROGRAM PRESCRIBED OR OTHERWISE RECOMMENDED
TO YOU BY YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER BECAUSE OF
SOMETHING YOU HAVE READ ON THE SITE. YOU SHOULD READ CAREFULLY ALL
PRODUCT PACKAGING.
No Endorsement of Links to Other Web Sites
Any links to other sites are provided as merely a convenience to you.
This Site may provide links or references to other sites but PPA has not
reviewed all of these other sites, has no responsibility for the content
of such other sites and shall not be liable for any damages or injury
arising from the content from these other sites. You understand that,
except for information, products or services clearly identified as being
supplied by PPA, PPA does not operate, control or endorse any
information, products or services on the Internet in any way. PPA does
not endorse or make any representations about these sites, or any
information or other products or materials found on these sites, or any
results that may be obtained from using these sites. If you decide to
access any of these other sites linked to this Site, you do so entirely
at your own risk.
Privacy
You agree that you have read and understand the terms of PPA's privacy
policy. You acknowledge that the Site may link to other sites not
controlled by PPA and that the collection of your data by these sites is
outside the scope of PPA's control.
Use of the Site
You also understand that PPA cannot and does not guarantee or warrant
that files available for downloading from the Site will be free of
infection or viruses, worms, Trojan horses, time bombs, cancel bots or
other computer programming routines that are intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or personal information (collectively, "Hazards"). You
are responsible for implementing sufficient procedures and checkpoints
to satisfy your particular requirements for accuracy of data input and
output, and for maintaining a means external to the Site for the
reconstruction of any lost data.
System Integrity
You may not use any device, software or routine to interfere with the
proper working of the Site. You may not take any action that imposes an
unreasonable burden upon the infrastructure used to support the
efficient operation of the Site.
Acceptable and Lawful Use of Site
Any personal information, computer information, or other information
that you provide to PPA in connection with the use of the Site: (a)
shall not be obscene or indecent; (b) shall not contain any Hazards; (c)
shall not infringe any third party's copyright, patent, trademark, trade
secret or other proprietary rights or rights of publicity or privacy;
(d) shall not be defamatory, libelous, unlawfully threatening or
unlawfully harassing; and (e) shall not create any liability for PPA or
cause PPA to lose (in whole or in part) the services of its Internet
Service Provider(s) or other suppliers. Users shall comply will all
applicable laws, statutes, ordinances and regulations regarding use of
the Site.
RISK: INTERNET USE
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND
THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT ANY UPLOADS OR
TRANSMISSIONS YOU MAKE MAY BE INTERCEPTED AND USED BY AN UNAUTHORIZED
THIRD PARTY AND THAT ALL OF THE RISK ASSOCIATED THEREWITH IS SOLELY
YOURS.
NO WARRANTIES
PPA DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, THE
CONTENT, ANY MERCHANDISE PROVIDED THROUGH THE SITE OR ON THE INTERNET
GENERALLY, AND CFF SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING
EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY
YOUR RESPONSIBILITY TO EVALUATE THE RELIABILITY, ACCURACY, TIMELINESS,
COMPLETENESS OR USEFULNESS OF ALL SERVICES AND CONTENT PROVIDED THROUGH
THE SITE OR ON THE INTERNET GENERALLY. CFF DOES NOT WARRANT THAT THE
SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE
WILL BE CORRECTED. THE SITE AND THE CONTENT MADE AVAILABLE ON THE SITE
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
System Outages
PPA periodically schedules system downtime for maintenance and other
purposes. Unplanned system outages may also occur. PPA shall have no
liability whatsoever for the resulting unavailability of the Site or for
any loss of data or transactions caused by planned or unplanned system
outages or the resultant delay, misdelivery or nondelivery of
information caused by such system outages, or any third party acts or
any other outages of web host providers or the Internet infrastructure
and network external to the Site.
Indemnification
You agree to indemnify, defend and hold PPA and its affiliates,
officers, directors, employees and agents harmless from and against any
and all claims, demands, actions, costs, liabilities, losses and damages
of any kind (including attorney's fees) resulting from (i) your use,
misuse or abuse of the Site, or (ii) your breach of any provision of
this Agreement. You will cooperate as fully as reasonably required in
PPA's defense of any claim. PPA reserves the right, at its own expense,
to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, and you shall not in any event settle
any matter without the written consent of PPA.
Intellectual Property
The Content is the property of PPA and/or its affiliates or partners,
and is protected by federal and international copyright and trademark
laws, or other proprietary rights. These rights are protected in all
forms, media and technologies existing now or hereinafter developed. You
may print and download portions of material from the different areas of
the Site solely for your own non-commercial use. No portion of the
Content may be reprinted, republished, modified, or distributed in any
form without the express written permission of PPA. You may not, and
this Agreement does not give you permission to, reproduce, reverse
engineer, decompile, disassemble, modify, transmit, sell, distribute,
license or create derivative works with respect to the Site. Certain
Content may be licensed from third parties and all such third party
Content and all intellectual property rights related to the Content
belong to the respective third parties. You may not remove any
copyright, trademark or other intellectual property or proprietary
notice or legend contained on the Site or the Content. Any rights not
expressly granted by this Agreement or any applicable end-user license
agreements are reserved by PPA
Governing Law and Choice of Forum
This Agreement shall be governed by and construed in accordance with the
laws of the State of Delaware, exclusive of its choice of law rules and
matters affecting copyrights, trademarks and patents under United States
federal law.
You hereby irrevocably and unconditionally consent to submit to the
exclusive jurisdiction of the courts of the State of Florida and of the
United States of America located in the State of Florida for any
litigation or disputes arising out of or relating to use of the Site and
not to commence any litigation relating thereto except in such courts.
You hereby irrevocably and unconditionally waive any objection to the
establishment of venue of any such litigation in the Florida Courts and
agree not to plead or claim in any Florida Court that such litigation
brought therein has been brought in an inconvenient forum.
International Users
PPA makes no claims that the Content is appropriate or may be downloaded
outside of the United States. Access to the Content may not be legal in
certain countries or for certain persons. If you access the Site from
outside of the United States, you do so at your own risk and are
responsible for compliance with the laws of your jurisdiction.
Severability
In the event that one or more portions of this Agreement shall, for any
reason, be held to be invalid, illegal or unenforceable in any respect,
such validity, illegality or unenforceability shall not affect any other
provision contained in this Agreement.
Headings
The headings used throughout this Agreement are solely for the
convenience of reference and are not to be used as an aid in the
interpretation of this Agreement.
No Waiver
Any delay or failure by you or PPA, at any time or times, to require
performance of any provision hereof shall in no manner affect your or
PPA's right at a later time to enforce such provision. No delay or
failure of you or PPA in exercising any right hereunder shall constitute
a waiver of such right or any other rights hereunder.
Entire Agreement, Updates and Modifications
This Agreement and any documents expressly incorporated by reference constitute the entire agreement between PPA and you pertaining to the subject matter hereof.
Assignment
You may not assign your rights or delegate your responsibilities
hereunder without the express written permission of PPA. PPA may, at
any time, assign its rights or delegate its obligations hereunder
without notice to you.
Third Party Beneficiary Rights
No person not a party to this Agreement is intended to be a
beneficiary of this Agreement, and no person not a party to this
Agreement shall have any right to enforce any term of this
Agreement.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL PPA OR ANY OTHER PARTY INVOLVED IN
CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF PPA HAS BEEN ADVISED OF THE POSSIBLITY OF
SUCH DAMAGES) THAT RESULT FROM (I) THE USE OF OR INABILITY TO USE
THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE MERCHANDISE AND
SERVICES RESULTING FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES
PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE. YOU
HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT,
MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME
STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS
LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Accurate Information
In consideration of your use of the Site, you agree to: (a) provide
true, accurate, and current and complete information as prompted on
the Site; and (b) maintain and update such information to keep it
true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or PPA has
reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, PPA may suspend or terminate
your use of the service and/or decline to permit your continued use
of the Site and future access to the Site.
PPA's Policy Regarding Copyright Infringement and Designated Agent
PPA's policy regarding copyright infringement and PPA's designated
agent for receipt of copyright infringement claims pursuant to the
Digital Millennium Copyright Act is incorporated herein.
Feedback
Should you respond to the Site by providing feedback, such as
questions, requests, opinions, comments, suggestions, ideas, or the
like, such information shall be deemed to be the property of PPA.
PPA shall have no obligation of any kind to the User with respect to
such information and shall be free to reproduce, use, disclose and
distribute the information to others without limitation and without
license. PPA shall be free to use any ideas, concepts, know-how or
techniques contained in such information for any purpose whatsoever.
Policy Regarding Intellectual Property On This Web site
Pediatric Pulmonary Associates, P.A.(PPA) respects the Intellectual
Property rights of others and requires those that visit our website,
use our system for Internet access and e-mail, or obtain other
educational or fund-raising information from us to do the same. The
PPA may, in appropriate circumstances and at its sole discretion,
remove or disable access to material on its web site and its e-mail
systems that infringes upon its Intellectual Property rights or the
rights of others. The PPA also may, at its discretion, remove or
disable links or references to an on-line location that contains
infringing material or infringing activity.
All information and content, including any software available
through the Site, (“Content”) is protected by copyright and/or
trademark and is owned as Intellectual Property of the owner. All
rights are reserved. Users are prohibited from modifying, copying,
distributing, transmitting, displaying, publishing, selling,
licensing, creating derivative works, or using any Content available
on or through the Site for commercial or public purposes.
Policy Regarding Copyright Materials of Others on this Web site
PPA respects the copyrights of others and does not knowingly
infringe upon these rights. However, if you believe that your work
has been used on our web site in any manner that constitutes
copyright infringement, please notify PPA's Intellectual Property
agent by written notice. The notice should include the following
information:
- an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
- a description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the Web page address where the copyrighted work may be found
- identification of the location on our web site of the material you claim has been infringed, or the link or reference to another web site that contains the material you claim has been infringed;
- your name, address, telephone number and e-mail address;
- a statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law;
- and a statement by you, under penalty of perjury, that the
information in this notification is accurate and that you are the
copyright owner of the material allegedly infringed or authorized to
act on the copyright owner's behalf.
At times, the PPA, in consultation with legal counsel, may grant limited-use licensing agreements to those individuals or groups who wish to help further the mission of the PPA. Solely at the discretion of the PPA, limited permission for use of PPA's Marks may be granted for those projects which provide a substantial benefit to the PPA or the cystic fibrosis community in general. For consideration, please submit, in writing, a letter of intent, which details how the PPA’s Marks will be used, the length of time they will be used, and the benefit of the project to the PPA or the cystic fibrosis community to martinj@pedpulm.com at least 60 days prior to launch.
