We use reasonable commercial care to check the accuracy of information that we post to the Website, but we offer such information without any guaranty or warranty to its usefulness or accuracy. Any information provided by this Website is solely for your use in consulting with your own licensed physician. Nothing on this Website is to be used for diagnosis or treatment of any disease. Comments and information posted by third parties are not endorsed by us, and we take no responsibility for those comments and information provided by others.
No person under the age of 18 shall use this Website or be given access to this Website. If asked, you agree to enter your accurate date of birth in response to questions required to gain access to features of this Website. Under certain circumstances, we may make an exception with permission of your parent or legal guardian to allow access to minors under 18 years of age, but you agree to follow our procedures in gaining access to this Website including requiring the consent of your parent or legal guardian.
Comments and information posted on our Facebook, Twitter, LinkedIn, YouTube channel or any other social media accounts managed by Florida Center For Allergy & Asthma Care are the opinions of those parties posting to such sites, and we take no responsibility for those opinions. Such opinions represent the thoughts of the community of users on such sites and do not reflect our views or that of the aforementioned social media sites or any of their affiliates. Anything that you post to the Website or our social media sites immediately becomes public information available to the social media community, and we are not obligated to protect its confidentiality.
We respect your privacy. Use of this Website may require you to enter personal information in order to gain access to some of its features. Your choice to provide the information indicates your consent for us and our marketing affiliates to use the information provided to contact you including, without limitation, to target promotional advertising to you when you use the Website and to direct mail, email or other promotional materials to you that we believe to be of interest to you based on your use of our Website.
If given an option to opt out, you may opt out from receipt of some third party promotional advertising; however, we and our marketing affiliates shall retain a right to contact you about your use of the Website and for other purposes relating to your use of the Website.
We reserve our right to edit or delete any and all content provided by third parties on our Website and/or social media sites that we determine to be offensive or inappropriate without any obligation to inform you of such change. You agree not to post anything that infringes the rights of others including, without limitation, intellectual property rights, any abusive or hurtful comments, offensive comments or language, personal attacks or defamatory comments, and any comments that violate the privacy of others. 2
Trademark and Copyright Infringement Policy
You agree not to copy or distribute anything from this Website, except as permitted by fair use under the copyright laws of the United States. We support the protection of others’ intellectual property, as well. Whether you are the holder of a trademark, service mark, or copyright, Florida Center For Allergy & Asthma Care is committed to helping you protect your legal rights. Therefore, we have established the following policies for considering trademark and/or copyright infringement claims.
Domain Name Dispute Claims
Please refer to the Uniform Domain Name Dispute Resolution Policy (the “UDRP”) if you have a concern or dispute concerning a registered domain name. The UDRP covers domain names disputes; this policy specifically excludes domain name disputes.
Copyright and Trademark Claims
1. To notify us that there has been a copyright or trademark violation, please follow the specific instructions in (A) for filing a trademark claim, or (B) filing a copyright complaint.
2. If you are responding to a complaint of infringement, you will need to follow our Counter Notification policy in (C).
A. Trademark Claims
1. If you (the “Complaining Party”) would like to submit a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark (registered with the United States Patent and Trademark Office or, for foreign marks, registered with the appropriate intellectual property organization of your country; state registrations are not considered valid for these purposes), we request that the Complaining Party substantiate such claim by providing the following information via email to: firstname.lastname@example.org The words “Trademark Claim” must appear in the subject line.
To be considered effective, a notification of a claimed trademark violation must include the following information:
Sufficient evidence that the party posting the trademark that is claimed to be infringing is our customer.
The trademark, service mark, trade dress, name, or other indicia of origin (“mark”) that is claimed to be infringed.
The jurisdiction or geographical area to which the mark applies.
The name, post office address and telephone number of the owner of the mark identified above.
The goods and/or services covered by or offered under the mark identified above.
The date of first use of the mark identified above.
The date of first use in interstate commerce of the mark identified above.
The mark the Complaining Party believes is an infringement of its mark.
The goods and/ or services covered by or offered under the mark claimed to be infringing.
The precise location of the infringing mark, including electronic mail address, etc.
A good faith certification, signed under penalty of perjury, stating:
1. The mark [identify mark] infringes the rights of another party,
2. The name of such said party,
3. The mark [identify mark] being infringed, and
4. That use of the mark [identify mark] claimed to be infringing at issue is not defensible.
2. Upon receipt of the appropriate information identified in Section 1 above, for trademark claims, we will initiate an investigation. While we are investigating the claim, we, at our sole discretion and without any legal obligation to do so, may notify the posting party it will lock down the posting party’s domain name(s), redirect the posting party’s FCAAC, and/or if it is solely stored on our server, temporarily remove or deny access to the challenged material.
3. If we conclude that the Complaining Party has raised a legitimate trademark claim, we may, at our sole discretion and without any legal obligation to do so, continue to suspend the posting party’s account and/or if it is solely stored on our server, deny access to the challenged material. If we conclude that the Complaining Party has not raised a legitimate claim or if it is not clear whether the Complaining Party has raised a legitimate claim, we will restore access to the challenged material.
4. Nothing in this Policy should be construed to supersede the UDRP, nor our obligation to abide by it in the context of domain name disputes. 3
B. Copyright Claims
1. If the Complaining Party would like to submit a copyright claim for material on which you hold a bona fide copyright, we request that the Complaining Party substantiate such claim by providing us with the following information via email to email@example.com .The words “Copyright Claim” must appear in the subject line. A copyright claim can also be submitted by mail to: Copyright Agent, 11880 SW 40th Street, Suite 304 – Miami, FL 33175. To be considered effective, a notification of a claimed copyright infringement must be provided to us as indicated above and must include the following information:
1. A signature or an electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of the copyrighted work(s) that has allegedly been infringed.
2. Identification of the copyrighted work(s) claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permit us to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.
5. A statement that the Complaining Party has 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.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
2. For Copyright Claims, upon receipt of appropriate notification from the Complaining Party, pursuant to Section 1 of Copyright Claims above, we will remove or disable access to the material that is claimed to be infringing.
3. If the Complaining Party provides Florida Center For Allergy & Asthma Care with appropriate notification, pursuant to Section 1 of Copyright Claims above, including information reasonably sufficient to permit Florida Center For Allergy & Asthma Care to locate and remove or disable the material in question, or includes information concerning repeat infringement, then Florida Center For Allergy & Asthma Care will forward the Complaining Party’s written notification to such alleged Infringer and shall take reasonable steps promptly to notify the Infringer that it has removed or disabled access to the material.
C. Counter Notification Policy
1. Counter Notification. If you have received a notice of copyright or trademark infringement, you may provide Counter Notification by emailing firstname.lastname@example.org and including following:
a. An electronic signature of the Infringer.
b. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
c. A statement under penalty of perjury that the Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
d. The Infringer’s name, address, and telephone number, and a statement that the Infringer consents to the jurisdiction of the Federal District Court for the judicial district of Florida or if the Infringer’s address is outside of the United States, for any judicial district in which Florida Center For Allergy & Asthma Care may be found, and that the Infringer will accept service of process from the Complaining Party or an agent of such Party.
2. Upon receipt of a Counter Notification as described in Section 1 above, we will promptly provide the Complaining Party with a copy of the Counter Notification, and inform such Party that it will replace the removed material or cease disabling access to it in ten (10) business days. We will replace the removed material and cease disabling access to it in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notification, unless we first receive notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the Infringer from engaging in infringing activity relating to the material on our system or network.
D. Repeat Infringers
It is our policy to provide for the termination, in appropriate circumstances, of our customers and account holders who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks or any other intellectual property.