Florence Labs, Inc. is a technology company that provides a proprietary technology platform (“Solution”) to support both healthcare organizations and patients with various objectives, including appointment scheduling, patient enrollment, attribution, and invoicing, among others. The Florence website (the “Site”) is comprised of various web pages operated by Florence and provides a summary of our experience, Solution, processes and services. Your use of the Site is subject to the following terms, conditions, and notices (these “Terms”); but, if you’re using Florence’s cloud Solution as a patient or other user (e.g., to schedule an appointment or receive a post-visit summary), then different terms apply instead https://florenceos.com/terms-of-service. By using the Site, you agree to these Terms. If you are under 18, you may use the Site only with permission of a parent or guardian. Please read these Terms carefully, and keep a copy of them for your reference.
Florence reserves the right, in its sole discretion, to change these Terms from time to time. The most current version of the Terms will supersede all previous versions. Florence encourages you to periodically review the Terms to stay informed about our updates.
Your use of the Site is also subject to Florence’s Privacy Policy. Please review our Privacy Policy carefully to learn how we use and share any personal information we collect about you.
You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that those communications be in writing.
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under Florence’s control, and we’re not responsible for the contents of any Linked Site, including any link contained in a Linked Site, or any changes or updates to a Linked Site. Florence is providing these links to you only as a convenience, and the inclusion of any link on the Site is not an endorsement by Florence of the Linked Site.
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. All content included as part of the Site, such as text, graphics, logos, images, as well as their compilation, and any software used on the Site, is the property of Florence or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any Site content and will not make any changes to it. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Florence content is not for resale. Your use of the Site does not entitle you to make unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Florence and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Florence or our licensors except as expressly authorized by these Terms.
As a condition of your use of the Site, you warrant to Florence that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site: (1) in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site; (2) to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site; (3) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (4) to send, knowingly receive, upload, download, use, or re-use any material that is offensive, harmful, infringing, obscene, defamatory, abusive, deceptive, untrue, misrepresentative or illegal; (5) to impersonate or attempt to impersonate Florence, a Florence employee, another user or any other person or entity; (6) via or with any software robots, spiders, crawlers, or other automatic device, process or means to access our Site, for any purpose, including monitoring or copying any content on our Site, and (7) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Florence or users of the Site or expose them to liability.
Florence does not claim ownership of any materials you provide to the Site (including feedback and suggestions) or post, upload, input or submit to the Site (collectively “Submissions”). However, by making a Submission, you hereby grant Florence, our affiliated companies and necessary sublicensees permission to use your Submission including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Florence is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Florence’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Our Site may provide certain social media features that enable you to:(1) link from your own or certain third-party websites to certain content on our Site; (2) send emails or other communications with certain content, or links to certain content, on this Site; and (3) cause portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites. You may use the social media features available on our Site only as they are provided by us, including with respect to any content displayed with such social media features. Your use of our social media features must also be in accordance with any additional terms and conditions we provide with respect to those features. You are solely responsible for complying with the terms and conditions of any third-party social media websites, applications, or services with which you interact and you acknowledge that any information content that you post on the third-party social media websites, applications, or services is subject to that third party’s privacy policies and other terms and conditions (over which we have no control, and for which we will not be liable). You agree to cooperate with Florence in causing any unauthorized framing or linking to cease immediately. We reserve the right to withdraw linking permission without notice and we may, in our sole discretion, request that you remove any link to the Site. Upon receipt of such request, you shall immediately remove that link. We may disable all or any social media features and any links at any time without notice at our discretion.
The Site is controlled, operated and administered by Florence from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Florence, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any Submissions made by you, your violation of these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Florence reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Florence in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN, OR AVAILABLE THROUGH, THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FLORENCE OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS OR CHANGES IN THE SITE AT ANY TIME.
FLORENCE AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FLORENCE AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLORENCE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER SPECIAL CATEGORIES OF DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FLORENCE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. THE MAXIMUM AGGREGATE LIABILITY OF FLORENCE IN CONNECTION WITH THE SITE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITE.
Florence reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, these Terms are governed by the laws of the State of New York and you and Florence hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
We both agree that no joint venture, partnership, employment, or agency relationship exists between you and Florence as a result of these Terms or use of the Site. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
Unless otherwise specified herein, these Terms constitute the entire agreement between you and Florence with respect to the Site and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Florence with respect to the Site.
Florence welcomes your questions or comments regarding the Terms:
Florence Labs, Inc.
228 Park Ave S
PMB 31583
New York, New York 10003
legal@florenceos.com