Terms of Use

 

Welcome to the First Choice Healthcare Solutions’ (“FCHS”) web site. The information provided on this site is for general informational and educational purposes only. Please read and review these Terms of Use carefully before accessing or using this Web site. By accessing or using this site, you acknowledge that you have read, understood and agreed to the Terms of Use Agreement. If you do not agree to the Terms of Use, you may not access or use the site.

 

Use of Web Site. The information provided on this site is for general informational and educational purposes. Certain sections of this Web site are intended for particular audiences including FCHS’ employees, customers and shareholders, as well as members of the healthcare community and the general public. Your access to and use of the information contained in the Web site is subject to this Terms of Use Agreement. By accessing and using this Web site, you accept, without limitation or qualification, this Terms of Use Agreement.

 

No Automated Querying. You may not send automated queries of any sort to the FCHS web site without express permission in advance from FCHS.

 

Content. FCHS will use reasonable efforts to include accurate and up-to-date information on this Web site but makes no warranties or representations of any kind as to its accuracy, currency or completeness. You agree that access to and use of this Web site and the content thereof is at your own risk. FCHS disclaims all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose. Neither FCHS nor any party involved in creating, producing or delivering this Web site shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of access to, use of or inability to use this Web site, or any errors or omissions in the content thereof. This limitation includes damages to, or for any viruses that infect, your computer equipment.

 

Indemnification. You agree to indemnify, defend and hold harmless FCHS, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use.

 

Third Party Web Sites and Links. This Web site may contain links or references to other Web sites maintained by third parties over whom FCHS has no control. Such links are provided merely as a convenience. Similarly, this Web site may be accessed from third party links over whom FCHS has no control. FCHS makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such Web sites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party link does not imply an endorsement or recommendation by FCHS.

 

Forward Looking Statements. This web site may from time to contain “forward-looking statements” within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934.   Forward-looking statements reflect the current view about future events.  Statements that are not historical in nature, which may be identified by the use of words like “expects,” “assumes,” “projects,” “anticipates,” “estimates,” “we believe,” “could be,” “future” or the negative of these terms and other words of similar meaning, are forward-looking statements.  Such statements include, but are not limited to, statements contained in on our website relating to our expected sales, cash flows and financial performance, business, business strategy, expansion, growth, products and services we may offer in the future and the timing of their development, sales and marketing strategy and capital outlook.  Forward-looking statements are based on management’s current expectations and assumptions regarding our business, the economy and other future conditions and are subject to inherent risks, uncertainties and changes of circumstances that are difficult to predict and may cause actual results to differ materially from those contemplated or expressed.  We caution you therefore against relying on any of these forward-looking statements.  These risks and uncertainties include, but are not limited to, those risk factors discussed in Part I, “Item 1A.  Risk Factors” of our Annual Report on Form 10-K for the fiscal year ended December 31, 2014 (the “2012 Annual Report”).  Any forward-looking statements are qualified in their entirety by reference to the factors discussed in the 2014 Annual Report.  Should one or more of these risks or uncertainties materialize, or should the underlying assumptions prove incorrect, actual results may differ significantly from those anticipated, believed, estimated, expected, intended or planned. Important factors that could cause actual results to differ materially from those in the forward looking statements include: a continued decline in general economic conditions nationally and internationally; decreased demand for our products and services; market acceptance of our services; the ability to protect our intellectual property rights; impact of any litigation or infringement actions brought against us; competition from other providers and services; risks in product development; inability to raise capital to fund continuing operations; changes in government regulation, the ability to complete customer transactions and capital raising transactions. Factors or events that could cause our actual results to differ may emerge from time to time, and it is not possible for us to predict all of them.  We cannot guarantee future results, levels of activity, performance or achievements.  Except as required by applicable law, including the securities laws of the United States, we do not intend to update any of the forward-looking statements to conform these statements to actual results.

 

Non-Confidential Information. Subject to any applicable terms and conditions set forth in our Privacy Policy, any communication or other material that you send to us through the Internet or posted to this site by electronic mail or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and FCHS shall have no obligation of any kind with respect to such information. FCHS shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products.

 

Governing Laws. This Terms of Use Agreement and your use of the Web site shall be governed by the laws of the United States of America and the State of Florida without regard to its conflicts of laws principles. Any legal action or proceeding related to this Web site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Florida. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

 

Miscellaneous. If any provision of this Agreement is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. FCHS reserves the right to alter or delete materials from this Web site at any time at its discretion.

 

Disclaimer of Warranties. FCHS disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in The FCHS web site. FCHS disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. FCHS disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through The FCHS web site.

 

Under no circumstances shall FCHS be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

 

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by FCHS.