Terms and Conditions
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear singular or plural.
Definitions
For the purposes of these Terms and Conditions:
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Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest,t or other securities entitled to vote for the election of directors or other managing authority.
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Country refers to: Florida, United States
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Practice (referred to as either "the Practice", "We", "Us" or "Our" in this Agreement) refers to BeachsideMD.
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Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
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Service refers to the Website.
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Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Practice regarding the use of the Service.
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Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third party that may be displayed, included or made available by the Service.
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Website refers to BeachsideMD, accessible from https://beachsidemd.com/
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You means the individual accessing or using the Service, or the Practice, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Practice. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, you may not access the Service.
You represent that you are over the age of 18. The Practice does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Practice. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Practice.
The Practice has no control over, and assumes no responsibility for, the content, privacy policies, or actions of any third-party websites or services. You further acknowledge and agree that the Practice shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
SMS Terms of Service Program
BeachsideMD sends appointment reminders, clinical follow-up, billing notices, and practice updates to patients and prospective patients who have provided their mobile number and affirmatively opted in.
End users opt in at https://www.beachsidemd.com/contact. On that page they complete a consultation request form (first name, last name, email, phone number) and check an optional, unchecked-by-default box that reads: "By checking this box and providing your phone number, you agree to receive text messages from BeachsideMD about appointments, care, and practice updates. Consent is not a condition of purchase. Message frequency varies. Message and data rates may apply. Reply STOP to opt out or HELP for help."
The form links to our Privacy Policy at https://www.beachsidemd.com/privacy-policy, which states that no mobile information is shared with third parties or affiliates for marketing or promotional purposes, and to our SMS Terms at https://www.beachsidemd.com/terms-conditions.
Sample message: "Beachside MD: Hi Jane, this is a reminder of your appointment Tue 9/8 at 2:00pm with Dr. ____. Reply STOP to opt out, HELP for help. Msg&data rates may apply."
How to opt in: Check the SMS consent box on the consultation form at beachsidemd.com/contact, or reply to a message from us confirming consent. How to opt out: Reply STOP to any message. You will receive one confirmation message and no further messages. Help: Reply HELP or call (850) 955-4250. Message frequency varies. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages. Consent to receive text messages is not a condition of purchasing any goods or services from BeachsideMD.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, your right to use the Service will cease immediately.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
Florida §624.27 disclosure
This agreement is not health insurance and the health care provider will not file any claims against the patient's health insurance policy or plan for reimbursement of any health care services covered by the agreement. This agreement does not qualify as minimum essential coverage to satisfy the individual shared responsibility provision of the Patient Protection and Affordable Care Act, 26 U.S.C. s. 5000A. This agreement is not workers' compensation insurance and does not replace an employer's obligations under chapter 440.
Severability and Waiver
Severability - If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver - Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
