Terms of Use

www.southbeachclinic.com is operated by South Beach Clinic, LLC. This website (“South Beach Clinic Website,” “South Beach Clinic” or the “Website”) provides general information about South Beach Clinic and its services free of charge to users in the United States.

All uses of the South Beach Clinic Website are subject to the following terms and conditions of use (these “Terms of Use”).

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 South Beach Clinic Website Privacy Policy (“Privacy Policy”), which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use and the Privacy Policy, do not access or use any part of this Website.

South Beach Clinic may revise and update these Terms of Use at any time by posting the amended terms to this Website. Your continued use of the South Beach Clinic 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.

Comments, Suggestions and Submissions

South Beach Clinic welcomes your comments. All comments, suggestions or other information sent by you to this Website is for internal use by South Beach Clinic or its business partners and will become South Beach Clinic’s property. You agree that all intellectual property rights are transferred to South Beach Clinic. You understand that any postings to publicly available portions of the South Beach Clinic Website are non-confidential for all purposes.

Contacting South Beach Clinic

Please contact the Web Coordinator at 305-534-3636 or send an e-mail to info@southbeachclinic.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.

 Copyright Restrictions/Use of Content/Trademarks

The entire contents of this Website (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to South Beach Clinic 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 South Beach Clinic 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 South Beach Clinic, 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 South Beach Clinic 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 South Beach Clinic or the applicable owner of such content. Except as expressly authorized by South Beach Clinic 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.

The term “South Beach Clinic” is a trademark and the South Beach Clinic logo and all related product and service names, designs and slogans are South Beach Clinic trademarks. You may not use such marks without South Beach Clinic’s prior written permission. All other names, brands and marks are used for identification purposes only and may be trademarks or registered trademarks of their respective owners.

Indemnification

You agree to indemnify and hold harmless South Beach Clinic and its officers, trustees, directors, employees, agents, affiliates, third-party information providers, licensors, and others involved in the South Beach Clinic Website or the delivery of products, services or information over the South Beach Clinic 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 South Beach Clinic Website or any products, services or information obtained from this Website.

Liability of South Beach Clinic and its Licensors or Contractors

South Beach Clinic does not assume any liability for the materials, information, and opinions provided on, or available through, the South Beach Clinic Website (the “Site Content”). Reliance on the Site Content is solely at your own risk. South Beach Clinic disclaims any liability for injury or damages resulting from the use of any Site Content.

THE SOUTH BEACH CLINIC 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 SOUTH BEACH CLINIC NOR ANY PERSON ASSOCIATED WITH SOUTH BEACH CLINIC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE SOUTH BEACH CLINIC WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER SOUTH BEACH CLINIC NOR ANYONE ASSOCIATED WITH SOUTH BEACH CLINIC WARRANTS OR REPRESENTS THAT THE SOUTH BEACH CLINIC 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 SOUTH BEACH CLINIC WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SOUTH BEACH CLINIC WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. SOUTH BEACH CLINIC 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 SOUTH BEACH CLINIC 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 SOUTH BEACH CLINIC 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 SOUTH BEACH CLINIC WEBSITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY SOUTH BEACH CLINIC AND WHETHER OR NOT SOUTH BEACH CLINIC HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

If you have any medical condition, it is your responsibility to disclose the condition to us and your physician or other qualified healthcare provider and to anyone you are referred to by South Beach Clinic. Decisions regarding medical care and treatment are personal and confidential and as such are
strictly between you and your physician or other qualified healthcare provider. South Beach Clinic is not liable for any death, personal injury, illness or emotional distress caused by reason of any treatment, diagnosis, advice, examination, prescription or other service provided by such medical personnel or
anyone you are referred to by South Beach Clinic or by the failure of such medical or other personnel to provide any treatment, diagnosis, advice, examination, prescription or other service.

ALL REFERRALS MADE BY SOUTH BEACH CLINIC ARE AT YOUR OWN RISK. THE PROVIDERS OF SUCH SERVICES ARE INDEPENDENT CONTRACTORS AND ARE NOT ACTING AS AGENTS OR REPRESENTATIVES OF SOUTH BEACH CLINIC. SOUTH BEACH CLINIC DOES NOT OWN OR CONTROL ANY SUCH INDEPENDENT CONTRACTORS, MAKES NO REPRESENTATION OF ANY KIND AS TO THEIR PERFORMANCE AND DOES NOT UNDERTAKE TO SUPERVISE THEIR ACTIVITIES, EVEN THOUGH SOUTH BEACH CLINIC MAY COLLECT A FEE AND EARN A PROFIT FROM ARRANGING FOR THE REFERRAL OR THE SERVICES. SOUTH BEACH CLINIC DOES NOT MAINTAIN THE INDEPENDENT CONTRACTOR OR THIRD PARTY’S PRACTICE, FACILITIES OR
INSTRUMENTALITIES AND DOES NOT MAKE ANY REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THEIR SAFETY OR SUITABILITY. ANYONE USING SUCH SERVICES OR ACTIVITIES SHALL BE DEEMED TO AGREE AND CONSENT THAT ANY LIABILITY FOR ANY DEATH, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY OR LOSS OF OR DAMAGE TO PROPERTY SHALL BE THE SOLE RESPONSIBILITY OF THE PROVIDER OF SUCH SERVICE OR ACTIVITY. ANYONE USING SUCH SERVICES OR ACTIVITIES FURTHER AGREES TO RELEASE AND HOLD SOUTH BEACH CLINIC AND SOUTH BEACH CLINIC’S AFFILIATES, AGENTS AND REPRESENTATIVES HARMLESS FOR ANY SUCH INJURIES, DAMAGES OR CLAIMS RESULTING FROM THE USE OF ANY SUCH SERVICES. ANYONE USING SUCH SERVICES OR ACTIVITIES AGREES SOUTH BEACH CLINIC AND SOUTH BEACH CLINIC’S AFFILIATES, AGENTS AND REPRESENTATIVES SHALL NOT BE OR BECOME LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY ACT OR OMISSION OF ANY SUCH PROVIDER PERTAINING TO, OR ARISING FROM OR IN CONNECTION WITH SUCH SERVICES OR ACTIVITIES. THE USER FURTHER ACKNOWLEDGES THAT ALTHOUGH ON OCCASION, SOUTH BEACH CLINIC’S EMPLOYEES AND/OR THE INDEPENDENT CONTRACTORS MAY MAKE APPEARANCES AND PARTICIPATE IN ACTIVITIES OR SERVICES AND MAY USE SIGNAGE OR CLOTHING WHICH IDENTIFIES SOUTH BEACH CLINIC OR USE OTHER RELATED TRADE NAMES OR LOGOS OF SOUTH BEACH CLINIC, THE STATUS OF THE PROVIDERS OF SUCH SERVICES ARE AND REMAIN UNCHANGED AS INDEPENDENT CONTRACTORS. NOTHING IN THESE TERMS SHALL BE CONSTRUED AS CREATING A RELATIONSHIP BETWEEN THE PROVIDER OF SUCH SERVICES AND SOUTH BEACH CLINIC AND SOUTH BEACH CLINIC’S AFFILIATES, AGENTS AND REPRESENTATIVES, AS THAT OF PARTNERS, EMPLOYER AND EMPLOYEE, FRANCHISOR AND FRANCHISEE, MASTER AND SERVANT, PRINCIPAL AND AGENT, JOINT VENTURERS, OR OTHERWISE.

LIKEWISE, ALL PATIENTS REFERRED BY SOUTH BEACH CLINIC ARE AT YOUR OWN RISK. THE PATIENTS ARE NOT AGENTS OR REPRESENTATIVES OF SOUTH BEACH CLINIC. SOUTH BEACH CLINIC DOES NOT CONTROL ANY PATIENTS, MAKES NO REPRESENTATION OF ANY KIND AS TO THEIR ACTIONS AND/OR INACTIONS AND DOES NOT UNDERTAKE TO SUPERVISE THEIR ACTIVITIES, EVEN THOUGH SOUTH BEACH CLINIC MAY COLLECT A FEE AND EARN A PROFIT FROM ARRANGING FOR THE REFERRAL OR THE SERVICES. SOUTH BEACH CLINIC DOES NOT MAKE ANY REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THEIR SAFETY OR SUITABILITY. ANYONE MEETING WITH AND/OR TREATING ANY SUCH
PATIENTS SHALL BE DEEMED TO AGREE AND CONSENT THAT ANY LIABILITY FOR ANY DEATH, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY OR LOSS OF OR DAMAGE TO PROPERTY SHALL BE THE SOLE RESPONSIBILITY OF THE PATIENT. ANYONE MEETING WITH AND/OR TREATING SUCH PATIENTS FURTHER AGREES TO RELEASE AND HOLD SOUTH BEACH CLINIC AND SOUTH BEACH CLINIC’S AFFILIATES, AGENTS AND REPRESENTATIVES HARMLESS FOR ANY INJURIES, DAMAGES OR CLAIMS RESULTING FROM MEETING WITH AND/OR TREATING ANY SUCH PATIENTS. ANYONE MEETING WITH AND/OR TREATING REFERRED PATIENTS AGREES SOUTH BEACH CLINIC AND SOUTH BEACH CLINIC’S AFFILIATES, AGENTS AND REPRESENTATIVES SHALL NOT BE OR BECOME LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY ACT OR OMISSION OF ANY SUCH PATIENT, OR ARISING FROM OR IN CONNECTION WITH ANY MEETING WITH AND/OR TREATING SUCH PATIENT.
ANYONE MEETING WITH AND/OR TREATING REFERRED PATIENTS FURTHER ACKNOWLEDGES THAT ALTHOUGH ON OCCASION, SOUTH BEACH CLINIC’S EMPLOYEES AND/OR THE INDEPENDENT CONTRACTORS MAY MAKE APPEARANCES AND PARTICIPATE IN ACTIVITIES OR SERVICES AND MAY USE SIGNAGE OR CLOTHING WHICH IDENTIFIES SOUTH BEACH CLINIC OR USE OTHER RELATED TRADE NAMES OR LOGOS OF SOUTH BEACH CLINIC, THE STATUS OF THE PROVIDERS OF SUCH SERVICES ARE AND REMAIN UNCHANGED AS INDEPENDENT CONTRACTORS. NOTHING IN THESE TERMS SHALL BE CONSTRUED AS CREATING A RELATIONSHIP BETWEEN THE PROVIDER OF SUCH SERVICES AND SOUTH BEACH CLINIC AND SOUTH BEACH CLINIC’S AFFILIATES, AGENTS AND REPRESENTATIVES, OR BETWEEN THE PATIENT AND SOUTH BEACH CLINIC AND SOUTH BEACH CLINIC’S AFFILIATES, AGENTS AND REPRESENTATIVES, AS THAT OF PARTNERS, EMPLOYER AND EMPLOYEE, FRANCHISOR AND FRANCHISEE, MASTER AND SERVANT, PRINCIPAL AND AGENT, JOINT VENTURERS, OR OTHERWISE.

Links to Other Sites

The South Beach Clinic Website may contain links to other websites on the Internet. South Beach Clinic is not responsible for and does not endorse the content, products or services of any third-party websites, including, without limitation, sites framed within the South Beach Clinic Website or third-party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.

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 South Beach Clinic 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 South Beach Clinic 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.

Local laws

The owner of this Website is based in the State of Florida, USA. South Beach Clinic 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.

Medical Advice is NOT provided on this Website

The information and content contained on the South Beach Clinic Website is for informational purposes only and is never intended to be a substitute for or relied on for professional medical advice, examination, 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, and before starting any new treatment, making any changes to existing treatment, or altering in any way your current exercise or diet regimen. Never disregard professional medical advice or delay in seeking such advice because of information or opinions on the South Beach Clinic Website. 

South Beach Clinic 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 South Beach Clinic, its employees and organized medical staff, others appearing on the Website at the invitation of South Beach Clinic, or other visitors or contributors to the Website is solely at your own risk.

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 South Beach Clinic with respect to the South Beach Clinic 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 South Beach Clinic 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. South Beach Clinic’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 South Beach Clinic 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.

Online Physician or other Provider Referrals

Any online physician referral service, online provider referral service, and physician directory and provider directory are available to improve access to quality health care. South Beach Clinic may offer physician referrals or other provider referrals as a community service. Instead of the online referral service, users may directly contact any physician or provider listed in the directories to arrange an appointment or may contact 305-534-3636 for more information about a particular physician or provider. Users must also consult with their individual health plans to determine any restrictions regarding insurance coverage for services offered by participating physicians and providers and to determine whether a particular physician or provider may accept your health insurance. South Beach Clinic shall not be responsible for, and assumes no liability for, any negligent or willful acts or omissions, whether in the referral or by any referral physician or referral provider.

Privacy and Protection of Personal Information

South Beach Clinic’s use of your personal information and your responsibilities in connection with protecting your privacy are described in our Privacy Policy, which is incorporated by reference into and is part of these Terms of Use.

Use of this Website

You agree to use the South Beach Clinic Website only for lawful purposes. In using this Website you agree not to do any of the following: (1) use the South Beach Clinic 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.

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