Website terms of use

Our website

Welcome to the website(s) located at the root domain www.genesiscare.com/us/ (this “Site”) which are provided by GenesisCare USA, Inc., including our affiliated entities (referred to collectively as “GC USA,” “we,” “our,” or “us”). Subject to your compliance with these Terms of Use, We grant you (“You” or “Your”) a limited license to access and use the Site for Your non-commercial, information only, and personal use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SITE. YOU MAY NEED TO SCROLL DOWN TO THE END OF THE PAGE TO READ ALL OF TERMS OF USE.

IF YOU ARE NOT ABLE TO OR DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SITE.

DO NOT REFER TO THIS SITE IN AN EMERGENCY. THIS SITE WILL NOT DISPATCH AN AMBULANCE OR OTHER EMERGENCY HELP. IN AN EMERGENCY, CALL 911 OR THE APPROPRIATE EMERGENCY NUMBER.

1. Access and use of our site

By utilizing the Site, You agree to these Terms of Use. The Site is intended to be used by individuals 18 years of age or older. Any user under the age of 18 should get the assistance of a parent or guardian to use this Site.

We may change these Terms of Use from time to time and without notice at Our sole discretion and as provided by applicable law. You should check these Terms of Use frequently for any such changes, but in any case, Your continued access or use of the Site shall constitute acceptance of any modification of the Terms of Use. While these Terms of Use are intended to cover the uses for all of the Site, additional conditions, restrictions, and privacy policies may apply.

2. Information disclaimer

This Site is designed for information purposes only and is not intended to offer medical advice or professional services. The information published on this Site should not be used for diagnosing or treating a health problem or a disease. Under no circumstances is this Site a substitute for professional care or judgement. If you have or suspect you may have a health problem, you should consult your health care provider.

The mention of specific products or services at this Site does not constitute or imply a recommendation or endorsement by Us, unless it is explicitly stated. Information on the Site may be changed or updated without notice. The views and opinions expressed in the media, articles or comments on this Site are those of the speakers or authors and do not necessarily reflect Our views and opinions.

We disclaim any implied warranty or representation about this Site’s accuracy or completeness, or appropriateness for a particular purpose. You assume full responsibility for using the information at this Site, and You understand and agree that We are neither responsible nor liable for any claim, loss or damage resulting from its use.

3. Web tracking

Certain information on our website is collected automatically and stores it in log files. The information may include internet protocol (IP) addresses, the region or general location where your computer or device is accessing the internet, browser type, operating system and other usage information about the use of the GC USA website, including a history of the pages you view. We use this information to help us design our site to better suit our users’ needs.

Our websites may use cookies to help identify and interact more effectively with the access device you are using. A cookie is a text file that is placed on a user’s device by a web page server. Cookies cannot be used to run programs or deliver viruses to your device. The cookies we use help us to maintain the continuity of your browsing sessions and remember your details and preferences for when you return.

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of our websites.

Some articles, information, or hyperlinks in the Site may take You outside of the Site or link to articles and videos (“Linked Sites”). The Linked Sites are not under Our control and We are not responsible for the content of any such Linked Sites, any hyperlinks contained in a Linked Site, or any changes or updates to such Linked Sites. These Terms of Use do not apply to any Linked Sites. We provide these Linked Sites to You only as a convenience and the inclusion of any hyperlink or content in that Linked Site does not imply endorsement by Us of the Linked Site or the contents contained therein. Unless otherwise specifically stated on the Site, We do not endorse or make any representation or recommendation regarding the quality, or accuracy of any products or services featured in, or linked to any advertisement that appears on the Site.

We may use Google services such as Google Analytics to analyze usage of our websites from time to time. For more about how Google collects and processes data, please see Google’s privacy policy and their information at www.google.com/policies/privacy/partners/.

4. Children's Rights

Our website is not intended for children under 13 years of age. No one under age 13 may provide any Personal Information to us through the Site. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not access, use, or provide any information on the website or on or through any of its features. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any Personal Information from or about a child under 13, please contact us.

5. Language translation services

The GenesisCare USA website language translation service utilizes a Google™ Translate Application Programming Interface (API). GenesisCare USA has made reasonable efforts in order to provide accurate translations, however, no automated or computerized translation is perfect and is not intended to replace human or traditional translation methods. The official text is the English version of the GenesisCare USA website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. GenesisCare USA cannot guarantee the accuracy of any online translator, and its operators expressly and fully disavow and disclaim any responsibility or liability in respect of any cause, claim, consequential or direct damage or loss, however described, arising from the use of Google™ Translate or any other service, content or information linked to the GenesisCare USA site. The GenesisCare USA site is provided “AS-IS” with no warranties, express or implied, and its use confers no privileges or rights. Links to third party services, information and/or content is in no way an affiliation, endorsement, support or approval of the third party. If any questions arise concerning the accuracy of the information presented by the translated version of the website, please refer to the English version of the website, which is the official version.

6. Site Content

You acknowledge and agree that all text, graphics, photographs, trademarks, logos, visual interfaces, artwork, computer code and all other related content (“Content”) contained on the Site are owned by Us or third parties, and are protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Any reproduction, publication, further distribution or public exhibition of materials provided through the Site, in whole or in part, is strictly prohibited. You agree that You will not use such Content in any way whatsoever except in compliance with these Terms of Use. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, distributed or transmitted in any way (including “mirroring”) to any other computer, server, Site or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent. You agree not to change or delete any proprietary notices from materials downloaded from the Site.

7. Liability for the actions of users of the site

You must not use Our Site in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. We accept no responsibility for any loss or harm incurred. Additionally, You agree not to otherwise attempt to interfere with the proper working of the Site. We do not request or warrant that functions available on this Site will be uninterrupted or error free, that defects will be corrected, or that the server that makes it available is free of viruses or bugs. You acknowledge that it is Your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks).

8. Legal disclaimer and limitation of liability

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED HEREIN OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND ACCURACY OF INFORMATION. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND ANY LINKED SITES. BY USING THE SITE, YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US OR OUR AFFILIATES WILL CREATE A WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR CONTRIBUTORS TO THE SITE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR DIRECT DAMAGES WHATSOEVER, UNDER ANY THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, LIABILITY ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR PATENT OR COPYRIGHT INFRINGEMENT), INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE ARISING AS A RESULT OF OUR PROVISION OR FAILURE TO PROVIDE INFORMATION VIA THE SITE EVEN IN THE EVENT THAT WE HAVE BEEN ADVISED OF SUCH DAMAGES. TO THE EXTENT LIABILITY CANNOT BE EXCLUDED OR DISCLAIMED, OUR LIABILITY IS LIMITED TO $1.00 USD.

9. Indemnification

You agree to defend, indemnify and hold harmless Us, Our affiliates, licensors and service providers, and Ours and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site any use of the Content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

10. Legal jurisdiction

This Agreement is governed by the laws of the State of Florida without respect to its conflict of laws principles. All proceedings relating to or arising out of the subject matter hereof shall be maintained exclusively in the state and federal courts with jurisdiction of Ft. Myers, Florida. You hereby consent to personal jurisdiction and venue therein and hereby waive any right to object to personal jurisdiction or venue therein. All claims must be brought within six (6) months of the date of the first event giving rise to a claim. EXCEPT WHERE PROHIBITED BY LAW, YOU EXPRESSLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SITE.

11. Digital millennium copyright act compliance

If You have any copyright concerns about any materials posted on this Site by others, please let Us know. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512). Please provide Us with written notice (“Notice”) by contacting Our Designated Agent at the following address:

GenesisCare USA Inc.
Legal Department
2270 Colonial Boulevard
Fort Myers, FL 33907

To be effective, the Notice must include the following:

  • A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly being infringed upon;
  • Information reasonably sufficient to permit Us to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address;
  • Identification of the allegedly infringing material on the Site (“Infringing Material”), and information reasonably sufficient to permit Us to locate such material on the Site;
  • Identification of the copyrighted work claimed to have been infringed upon (“Infringed Material”), or if multiple copyrighted works at a single Site are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material);
  • A statement that the Complaining Party has a good faith belief that use of Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the Notice 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.

12. Entire agreement

These Terms of Use constitute the entire agreement between You and Us with respect to the use of the Site. You are fully responsible for all fees, charges, and taxes incurred while using the Site. Our failure to insist on or enforce strict performance of these Terms of Use will not be construed as a waiver by Us of any provision or any rights. The invalidity, in whole or in part, of any provision of these Terms of Use will not affect the validity or enforceability of any other of its provisions.

13. Notice

Notices to Us, except for Digital Millennium Copyright Act Notice, should be sent to:

GenesisCare USA Inc.
2270 Colonial Boulevard
Fort Myers, FL 33907