Last Revised: March 18, 2023
The following terms govern your use of www.flaglerhealth.io (the “Website”) maintained by Flagler Health, Inc. (“Flagler”, “we”, or “us”). By accessing and using this Website, you are agreeing to these Terms of Use and our Privacy Statement. If you do not agree to these Terms of Use, you may not use this Website.
If you are a user of the recommendation tool, your use of the platform is also subject to the requirements described in your healthcare entity’s agreement with Flagler.
You may use this Website only if you are 18 years or older and solely for your own personal, non-commercial use. Your use of this Website must be in accordance with all applicable laws. You acknowledge that you do not acquire any ownership rights in this Website or any Content.
You may not use this Website for any purpose that is unlawful or prohibited by these Terms of Use or (if applicable) the agreement between the healthcare entity through which you received access to the Website and Flagler. You may not use this Website in any manner that could damage, disable, overburden, or impair our servers, or the networks connected to our servers, or interfere with any other party's use and enjoyment of our Website and Content. You may not attempt to gain unauthorized access of this Website, other accounts, computer systems or networks connected to our servers or to any of the Content, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website.
Flagler and its licensors retain all ownership rights in this Website (including all Content). All trademarks, service marks and trade names are owned by Flagler or other respective owners.
The entire content of this Website, including text, design, software, photography, video, graphics, sound and information (collectively, the “Content”) and the selection, coordination, arrangement, and enhancement thereof and this Website, are protected under the copyright laws of the United States, international treaties and other intellectual property laws.
This Website may contain or reference patents, technologies, products, or other proprietary rights of Flagler its third party vendors and other third parties. Nothing on this Website should be construed as conferring by implication, estoppel or otherwise any license or right under any trademarks, copyrights, patents, technologies, products, or other proprietary rights of Flagler, any of its third party vendors or other third parties.
USE OF THE WEBSITE IS AT YOUR OWN RISK. THE INFORMATION ON OUR WEBSITE IS PROVIDED “AS IS” AND FLAGLER MAKES NO REPRESENTATIONS OR WARRANTY THAT THE INFORMATION HEREIN WILL BE UP-TO-DATE OR ERROR-FREE. FLAGLER MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE MATERIALS AND RELATED GRAPHICS ON THE WEBSITE FOR ANY PURPOSE, INCLUDING, WITHOUT LIMITATION, ANY MEDICAL, MEDICAL TESTING, HEALTH, OR FITNESS PURPOSE.
FLAGLER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL FLAGLER BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHER ACTION, ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION, OR PROVISION OF/FAILURE TO PROVIDE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
We make no representation that this Website is appropriate, or is available for use outside the United States. If you access and use this Website from outside the United States, you do so at your own risk, and are responsible for compliance with applicable laws.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FLAGLER NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, NOR AGENTS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE OR CONTENT OR ANY WEBSITE OR CONTENT LINKED FROM THIS WEBSITE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED IN CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold the Flagler, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, demands, costs or expenses including, without limitation, reasonable attorney's fees, made by any third party due to or arising out of your use of the Website in violation of these Terms of Use or arising from a breach of these Terms of Use.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of this Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use this Website.
This Website may contain links to other sites on the Internet that are owned and operated by third parties. Such links are provided solely for your convenience as pointers to information that may be useful to you. We are not responsible for the Content, advertising, products, services or other materials made available on or through any linked site or for your use of them. Linked sites are likely to have their own terms of use, and you are responsible for reading them to ensure your own compliance. We are not responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with a linked site.
We do not endorse and are not responsible for the information and security practices or privacy policies of web sites operated by others that may be linked to or from this Website. No web sites that link to this Website may frame or otherwise incorporate the Content on this Website.
While we appreciate hearing from Website visitors, we cannot accept or consider unsolicited creative ideas, suggestions, inventions or other materials. If you submit any such information to us, Flagler will not be subject to any obligation of confidentiality and Flagler shall be free to use, publish, or reproduce such information for any purpose (including but not limited to research and development, manufacture, or sale of products/services incorporating such information. Your voluntary submission is your representation that you own or otherwise control all of the rights to what you submit, including, without limitation, all copyrights and trademarks, and that your submission does not infringe, misappropriate or violate any third party’s copyright, trademark, patent, trade secret, proprietary or other right.