GastroHealth.com is operated by Gastro Health. This website (“Gastro Health Website,” “Gastro Health,” or the “Website”) provides general information about Gastro Health and its services free of charge to users in the United States.
All uses of the Gastro Health Website are subject to the following terms and conditions of use (these “Terms of Use”).
- Copyright Restrictions/Use of Content
- Trademarks
- Medical Advice is not Provided on this Website
- Use of this Website
- Liability of Gastro Health and its Licensors
- Indemnification
- Privacy and Protection of Personal Information
- Comments and Submissions
- Links to Other Sites
- Online Physician Referrals
- Compliance
- Contacting Gastro Health
- Miscellaneous
Please read these Terms of Use carefully before accessing or using any part of this Website. By accessing or using this Website, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, as well as the Gastro Health Privacy Policy, which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of this Website.
Gastro Health may revise and update these Terms of Use at any time by posting the amended terms to this Website. Your continued use of the Gastro Health Website means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with this Website, your sole and exclusive remedy is to discontinue using this Website.
Copyright Restrictions/Use of Content
The entire contents of this Website (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are owned and copyrighted by Gastro Health or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Gastro Health Website for personal use. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this site without the prior written consent of Gastro Health, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Gastro Health Website; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Website are transferred to you, but remain with Gastro Health or the applicable owner of such content. Except as expressly authorized by Gastro Health in writing, you may not reproduce, sell or exploit for any commercial purposes (a) any part of this Website, (b) access to this Website or (c) use of this Website or of any services or materials available through this Website.
Trademarks
The term “Gastro Health” is a trademark and the Gastro Health logo and all related product and service names, designs and slogans are Gastro Health trademarks. You may not use such marks without Gastro Health’s prior written permission. All other names, brands and marks are used for identification purposes only and may be service marks, trademarks or registered service marks, trademarks of their respective owners.
Medical Advice is NOT Provided on this Website
The information and content contained on the Gastro Health Website is for informational purposes only and is never intended to be a substitute for or relied on for professional medical advice, diagnosis or treatment.
If you think you may be experiencing a medical emergency, immediately call your doctor or 911. You should always seek the advice of your physician or other qualified healthcare provider concerning your health or any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking such advice because of information or opinions on the Gastro Health Website.
Gastro Health does not recommend or endorse any specific tests, products, equipment, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided by Gastro Health, its employees and organized medical staff, others appearing on the Website at the invitation of Gastro Health, or other visitors or contributors to the Website is solely at your own risk.
Use of this Website
You agree to use the Gastro Health Website only for lawful purposes. In using this Web Site you agree not to do any of the following: (1) use the Gastro Health Website to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction or location; (2) intercept or attempt to intercept electronic mail not intended for you; (3) misrepresent an affiliation with any person or organization; or (4) misrepresent your identity or assume the identity of another person or organization. Your failure to comply with these provisions may expose you to civil and/or criminal liability.
Liability of Gastro Health and its Licensors
Gastro Health does not assume any liability for the materials, information and opinions provided on, or available through, the Gastro Health Website (the “Site Content”). Reliance on the Site Content is solely at your own risk. Gastro Health disclaims any liability for injury or damages resulting from the use of any Site Content.
THE GASTRO HEALTH WEBSITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER GASTRO HEALTH NOR ANY PERSON ASSOCIATED WITH GASTRO HEALTH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE GASTRO HEALTH WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER GASTRO HEALTH NOR ANYONE ASSOCIATED WITH GASTRO HEALTH WARRANTS OR REPRESENTS THAT THE GASTRO HEALTH WEBSITE, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THIS WEB SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE GASTRO HEALTH WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE GASTRO HEALTH WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. GASTRO HEALTH DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. IN NO EVENT WILL GASTRO HEALTH OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE GASTRO HEALTH WEBSITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEBSITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE GASTRO HEALTH WEBSITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY GASTRO HEALTH AND WHETHER OR NOT GASTRO HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Indemnification
You agree to indemnify and hold harmless Gastro Health and its officers, trustees, directors, employees, agents, affiliates, third-party information providers, licensors and others involved in the Gastro Health Website or the delivery of products, services or information over the Gastro Health Website, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of this Agreement or your use of the Gastro Health Website or any products, services or information obtained from this Website.
Privacy and Protection of Personal Information
Gastro Health’s use of your personal information and your responsibilities in connection with protecting your privacy are described in our privacy policy and is incorporated by reference into these Terms of Use.
Comments and Submissions
Gastro Health welcomes your comments. All comments, suggestions or other information sent by you to this Website is for internal use by Gastro Health or its business partners and will become Gastro Health’s property. You agree that all intellectual property rights are transferred to Gastro Health. You understand that any postings to publicly available portions of the Gastro Health Website are non-confidential for all purposes.
Links to Other Sites
The Gastro Health Website may contain links to other web sites on the Internet. Gastro Health is not responsible for and does not endorse the content, products or services of any third-party web sites, including, without limitation, sites framed within the Gastro Health Website or third-party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such web sites.
If you choose to correspond, participate in a promotion or engage in transactions with any merchant linked to through this Website, you acknowledge and agree that Gastro Health is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that Gastro Health will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of links to such merchants on this Website.
Online Physician Referrals
The online physician referral service and physician directory are available to improve access to quality health care. Users of this service should be aware that only members of the organized medical staffs of Gastro Health may participate in the referral service. Gastro Health offers physician referrals as a community service and does not charge physicians to participate. In lieu of this online referral service, users may directly contact any physician listed in the physician directory to arrange an appointment or may contact 1-855-GASTRO-1 (1-855-427-8761) for more information about a particular physician. Users are also encouraged to consult with their individual health plans to determine any restrictions regarding insurance coverage for services offered by participating physicians and to ensure that a particular physician accepts your health insurance. The referral service and physician directory are offered solely as a community information resource. Gastro Health shall not be responsible for, and assumes no liability for, any negligent or willful acts or omissions.
Compliance
The owner of this Website is based in the State of Florida, USA. Gastro Health makes no representation that materials in this Website are appropriate or available for use in other locations. If you access this Website from other locations, you are responsible for complying with local laws.
Contacting Gastro Health
Please contact the Web Coordinator at 305-351-8126 or send an email to compliance@gastrohealth.com if you become aware of any content that may infringe the copyright of a third party or that you believe to be in violation of these Terms of Use.
Miscellaneous
These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of Florida, USA, without regard to its conflicts of law principles. These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and Gastro Health with respect to the Gastro Health Website, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the Gastro Health Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Gastro Health’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Gastro Health Website shall be in the state or federal courts located in Miami-Dade County, Florida. You agree to submit to the jurisdiction of such courts.
If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect.