TERMS AND CONDITIONS
TFH is pleased to provide you with this site for your personal education, but nothing on this site constitutes a recommendation for medical care, nor does TFH make a warranty of any kind in terms of their appropriateness for individual on-line users.
The Floating Hospital believes that every individual has a right to healthcare regardless of ability to pay. We remain a true charity hospital for those who need us.
The URL www.thefloatinghospital.org is owned by TFH, but the content of www.thefloatinghospital.org is an organization-wide, web initiative. As used throughout, TFH includes: “The Floating Hospital, Inc.”; “The Floating Hospital Foundation, Inc.”; and “TFH Services LLC.”
1. Disclaimer of Endorsement
2. Information Obtained Through the TFH Web Site Does Not Constitute Medical, Legal, or Other Professional Advice
THE INFORMATION CONTAINED IN THIS TFH WEB SITE OR TRANSMITTED TO YOU ELECTRONICALLY IN RESPONSE TO A MESSAGE FROM YOU IS NOT INTENDED NOR IMPLIED TO CONSTITUTE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS VISIT OR SPEAK TO A QUALIFIED HEALTH SERVICE PROVIDER IN PERSON PRIOR TO STARTING ANY NEW TREATMENT OR WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. THIS TFH WEB SITE DOES NOT DIRECTLY OR INDIRECTLY PRACTICE MEDICINE OR DISPENSE MEDICAL ADVICE AS PART OF THIS SERVICE.
IN ADDITION, NOTHING CONTAINED IN THIS TFH WEB SITE IS INTENDED TO BE OR CONSTITUTES LEGAL ADVICE, AND USERS SHOULD ALWAYS SEEK THE ADVICE OF AN APPROPRIATE ATTORNEY OR OTHER PROFESSIONAL REGARDING INDIVIDUAL QUESTIONS OR CONCERNS OF A LEGAL OR PROFESSIONAL NATURE.
3. Disclaimer of Warranty and Liability
TFH ASSUMES NO LIABILITY FOR ANY DIAGNOSIS, TREATMENT, DECISION MADE, OR ACTION TAKEN IN RELIANCE UPON INFORMATION CONTAINED IN THE TFH WEB SITE OR ANY OTHER INTERNET SITES LINKED TO IT IN ANY WAY. TFH DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE TFH WEB SITE OR THE INTERNET.
Furthermore, TFH does not make any express or implied warranties, representations, or endorsements whatsoever in connection with the TFH Web site, other Web sites accessed by “hyperlink,” or the Internet generally (including without limitation, warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose). You understand that, except for information, products, or services clearly identified as being supplied by TFH, TFH does not review, operate, or control any material, information, products or services on www.thefloatinghospital.org pages or on the Internet, including electronic transmissions from Users or materials connected to the TFH Web site through “hyperlinks,” in any way.
In no event shall TFH be liable for any injury, loss, claim, damage, or any incidental or consequential damages arising either directly or indirectly out of or in any way connected with the TFH Web site, or any failure or delay in updating or including any materials on the TFH Web site, or any use of or inability to use any materials on the TFH Web site, even if TFH has been advised of the possibility of such damages. (Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental and consequential damages, so the above exclusions may not apply to you.)
4. Waiver of Responsibility for Defective or Contaminated Materials
Although TFH makes every effort to ensure the correctness of data, TFH disclaims responsibility for any errors or omissions, such as unintended technical inaccuracies or typographical errors, in the materials. You also understand that TFH cannot and does not guarantee or warrant that files available for downloading through the service will be free of “infection” or “viruses,” “worms,” “Trojan horses,” or other code that manifest contaminating or destructive properties. Users are responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output, and for maintaining a means external to the TFH Web site for the reconstruction of any lost data. Use of the TFH Web site and the Internet generally is at the User’s own risk.
5. Legal Actions
These terms and conditions shall be governed by and construed in accordance with the laws of the state of New York, U.S.A., and you agree to submit to the personal jurisdiction of the courts of the state of New York. In the event that any portion of these terms and conditions is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Web site, or the use of this Web site, must be filed within one year after such claim or cause of action arose and must be filed in a court in New York, New York, U.S.A.
6. User Rules
In order to maintain an informative and valuable service that meets the needs of the viewers and avoids harm to others, it is necessary to establish and for you to follow these User Rules:
a. THE USER MAY DOWNLOAD, PRINT, OR TRANSMIT INFORMATION FROM THE TFH WEB SITE FOR PERSONAL, PRIVATE USE. HOWEVER, THE USER MUST MAKE SURE THAT PROPER COPYRIGHT NOTICE IS AFFIXED TO EACH COPY TRANSMITTED OR PRINTED AND IN NO CASE MAY THE MATERIALS BE REPRODUCED IN BULK OR FOR COMMERCIAL USE WITHOUT EXPRESS, WRITTEN PERMISSION FROM:
TFH MARKETING DIVISION
P.O. Box 8397
LONG ISLAND CITY, NY 11101
b. Users may not post or transmit any message that is libelous or defamatory, or violates any other person’s copyrights, privacy rights, trademarks, trade secrets, or rights in other confidential information. The User indemnifies TFH for any and all damages suffered by third parties as a result of the User’s violation of this term.
c. Users may not post or transmit any message, data, image, or program with the intent to threaten the safety of others and/or with the effect of causing a reasonable person to perceive a threat to his or her safety.
d. Users may not interfere with other Users’ use of the TFH Web site, including, without limitation, disrupting the normal flow or use of the service.
e. Users may not post or transmit any file which contains “viruses,” “worms,” “Trojan horses” or any other contaminating or destructive features.
f. It is our general policy to protect the privacy of the persons transmitting any messages to TFH. However, TFH reserves the right to reproduce and distribute part or all of a message without any compensation to the User so long as any identifying information is deleted.
We reserve the right to remove any information that is posted in violation of these terms and to suspend any registered user accounts for persons who violate these terms and conditions.
7. Digital Millennium Copyright Act Notices
As required by Section 512(c)(2) of Title 17 of the United States Code, if you believe that any material on the TFH Web site infringes your copyright, you must send a notice of claimed infringement to TFH’s Designated Agent at the following address:
Name of Agent Designated to Receive
Notification of Claimed Infringement: General Counsel
Full Address of Designated Agent to which
Notification Should Be Sent:
Office of the General Counsel
The Floating Hospital, Inc.
P.O. Box 8397
Long Island City, NY 11101
To be effective, Section 512(c)(3)(A) of Title 17 of the United States Code requires that your notification of claimed infringement be a written communication and that it include each of the following elements:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A description of the copyrighted work claimed to have been infringed, or if more than one work is covered by the notice of claimed infringement, a description of each work.
A description of the infringing activity or of the work that is claimed to be infringing and information about the location on this Web site (or, if the infringing information is located on another Website linked to through this website, information about the location of the link or reference on this Web site) where the alleged infringement is occurring that is reasonably sufficient to allow us to locate the infringing material.
Sufficient information to allow us to contact you, including your name, address, telephone number and, if available, your e-mail address.
A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
A statement by you that the information in the notice of claimed infringement is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You agree not to access or use the Service in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes this Agreement. You shall not post, use, store or transmit: (a) a message or information under a false name; (b) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Service by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use the Service in any manner that could damage, disable or impair the Service. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Service for any purpose.
OPERATION AND RECORD RETENTION
Operator reserves complete and sole discretion with respect to the operation of the Service. Operator may, among other things withdraw, suspend or discontinue any functionality or feature of the Service. Subject to applicable law, Operator reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Service pursuant to its internal record retention and/or destruction policies.
Areas of the Service or Operator’s portal may contain links to other web sites. Please note that when you click on any of these links, you are entering another web site for which we have no responsibility or control. The inclusion of any link does not imply affiliation, endorsement or adoption by us of the linked site or any medical or other information contained therein. We encourage you to read the terms and conditions, data-gathering practices and privacy policies of all linked sites as they may materially differ from ours. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such links on this site. It is up to you to take precautions to ensure that whatever linked material you select is free of items such as viruses, worms, Trojan horses and other destructive items.
All of the content available on or through the Service is the property of Operator or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law. We give you permission to display, download, store and print the content only for your personal, non-commercial use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Service to anyone, including but not limited to others in your organization. All software and accompanying documentation made available for download from the Service is the copyrighted work of Operator or its licensors. Any copy made of information obtained through the Service must include all applicable copyright notices.
All Operator trade and service names are trademarks of The Floating Hospital, Inc. All other brands and names are the property of their respective owners. Nothing contained in the Service should be construed as granting any license or right to use any trademark displayed on this site without the express written permission of Operator or such third-party that may own the trademark.
Subject to the terms of this Agreement, Operator hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the software, network facilities, content and documentation on and in the Service to the extent, and only to the extent, necessary to access and use the Service.
The license granted herein does not permit you, and you agree not to: (a) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service; or (b) transfer, distribute, sell, lease, rent, disclose or provide access to the Service to any third party or use the Service to provide service bureau, time sharing or other services to third parties.
ACCESS TO THE SERVICE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OPERATOR DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, OPERATOR DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES OPERATOR MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICE OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. OPERATOR CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICE.
LIMITATIONS OF LIABILITY
IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. UNDER NO CIRCUMSTANCES SHALL OPERATOR, ANY OPERATOR LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE BE LIABLE IN ANY WAY FOR YOUR USE OF THE SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.
UNDER NO CIRCUMSTANCES SHALL OPERATOR, ITS LICENSORS OR SUPPLIERS OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU HEREBY RELEASE AND HOLD OPERATOR, ITS LICENSORS, SUPPLIERS AND PROVIDERS AND ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
YOU ACKNOWLEDGE AND AGREE THAT OPERATOR IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND THAT OPERATOR IS NOT DETERMINING APPROPRIATE MEDICAL USE OF THE SERVICE. OPERATOR, ITS LICENSORS, SUPPLIER AND ALL THIRD PARTIES WHO PROMOTE THE SERVICE OR PROVIDE YOU WITH A LINK TO THE SERVICE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM THE DELIVERY OF HEALTHCARE VIA THE SERVICE, INCLUDING, BUT NOT LIMITED TO LIABILITY FOR MEDICAL MALPRACTICE.
Operator may suspend or terminate your access to the Service at any time, for any reason or for no reason at all. Operator has the right (but not the obligation) to refuse to provide access to the Service to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. Operator reserves the right to change, suspend, or discontinue all or part of the Service, temporarily or permanently, without prior notice. Operator reserves the right to delete or change any username or password at any time, for any reason or for no reason at all.
Without limiting the generality or effect of other provisions of this Agreement, as a condition of use, you agree to indemnify, hold harmless, and defend Operator and its parents, subsidiaries, affiliates, licensors, suppliers and their officers, directors, affiliates, subcontractors, agents and employees (collectively, “Indemnified Parties” and each, individually, an “Indemnified Party”) against all costs, expenses, liabilities and damages (including reasonable attorney’s fees) incurred by any Indemnified Party in connection with any third party claims arising out of: (i) your failure to comply with any applicable laws and regulations; and (ii) your breach of any of its obligations set forth in this Agreement. You shall not settle any such claim without the written consent of the applicable Indemnified Party.
ELECTRONIC CONTRACTING AND NOTICES
You agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the services (collectively, “Notices”). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration, or (2) by posting the Notice on the Service or otherwise through our site. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable service.
You may opt out of receiving such materials by contacting us at firstname.lastname@example.org.
This Agreement shall be governed by the laws of the State of New York without regard to its rules on conflicts or choice of law. You hereby consent to the exclusive jurisdiction of the courts of the State of New York for the resolution of any dispute based upon or relating to this Agreement. This Agreement constitutes the sole Agreement between you and Operator relating to your use and our provision of the Service and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in this Agreement shall bind either you or Operator. Any of the terms of this Agreement which are determined to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of this Agreement or affecting the validity or enforceability of the Agreement as a whole. Failure to insist on performance of any of the terms of the Agreement will not operate as a waiver of any subsequent default. No waiver by Operator of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part. This Agreement shall be binding upon and inure to the benefit of each of the parties and the parties’ respective successors and permitted assigns. Except as otherwise specifically provided herein, this Agreement may not be modified, supplemented, qualified, or interpreted except in writing signed by the parties.
A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.