Important Legal Notice
These Terms and Conditions constitute a legally binding agreement between you, whether acting individually or on behalf of an organization (“you”), and Munson Medical Center (“we,” “us,” or “our”), governing your access to and use of our website, https://www.munsonmedical.com/, including any related media, channels, mobile websites, or applications that are linked to or otherwise associated with the website (collectively, the “Site”).
By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, you must discontinue your use of the Site immediately.
1. Acceptance of Terms
By accessing, browsing, or using this website, you acknowledge that you have read, understood, and agree to comply with these Terms and Conditions and all applicable laws and regulations. If you do not agree to these terms, please refrain from using the Site.
Any additional terms, conditions, or documents that may be published on the Site from time to time are incorporated into these Terms and Conditions by reference. We reserve the right, at our sole discretion, to amend or modify these Terms and Conditions at any time and for any reason.
2. Intellectual Property Rights
Unless otherwise stated, the Site is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, and other materials displayed on the Site (collectively, the “Content”), as well as all trademarks, service marks, and logos appearing on the Site (collectively, the “Marks”), are owned or controlled by us, or used under license. These materials are protected by applicable copyright, trademark, intellectual property, and unfair competition laws in the United States and other jurisdictions, as well as applicable international conventions.
Permitted Use
The Content and Marks are made available through the Site on an “AS IS” basis for your personal information and non-commercial use. Except as expressly permitted under these Terms and Conditions, no part of the Site, Content, or Marks may be copied, reproduced, compiled, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise used for commercial purposes without our prior written permission.
User Contributions
If you provide feedback, suggestions, comments, or other contributions relating to the Site or our services, you grant us a worldwide, perpetual, irrevocable, royalty-free, and unrestricted license to use, reproduce, modify, distribute, and incorporate those contributions without compensation or further obligation to you.
3. Healthcare Services Terms
Information provided through the Site is intended to help users learn about Munson Medical Center and the healthcare services and resources we offer. Website information, inquiries, and appointment requests do not, by themselves, establish a provider-patient relationship or guarantee the availability of an appointment or service.
Service Information and Requests
Information about our healthcare services is provided for general informational purposes and may be updated or changed from time to time.
Appointment requests, scheduling inquiries, and other service requests submitted through the Site may be subject to review and confirmation by Munson Medical Center.
Any treatment-specific arrangements, financial responsibilities, payment requirements, or other applicable terms will be addressed through the relevant patient documents, agreements, or arrangements.
These Terms and Conditions govern your use of the Site and do not replace any separate documents or agreements that may apply to the healthcare services you receive.
4. User Representations
By accessing or using the Site, you represent and warrant that:
- You have the legal capacity to agree to and comply with these Terms and Conditions.
- You are not a minor under the laws of the jurisdiction in which you reside.
- You will not access or use the Site through automated or non-human means, including bots, scripts, or similar technologies.
- You will not use the Site for any unlawful or unauthorized purpose.
- Your use of the Site will not violate any applicable law, regulation, or legal requirement.
If you provide information that is false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your access to the Site and refuse any current or future use of the Site, in whole or in part.
5. Prohibited Activities
You may use the Site only for its intended purposes. You may not use the Site in connection with any commercial activity unless that activity has been specifically authorized or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve information or other Content from the Site to create or compile, directly or indirectly, a collection, database, directory, or other compilation without our prior written permission.
- Mislead, defraud, or deceive us or other users, including by attempting to obtain sensitive account information such as usernames or passwords.
- Circumvent, disable, or interfere with security-related features of the Site.
- Disparage, damage, or otherwise harm us or the Site, as determined in our reasonable discretion.
- Use information obtained through the Site to harass, abuse, threaten, or harm another person.
- Improperly use our support services or submit false reports of abuse or misconduct.
- Use the Site in any manner that violates applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload, transmit, or attempt to upload or transmit viruses, Trojan horses, malicious code, or other material that may interfere with the proper operation of the Site or another user's access to it.
- Engage in unauthorized automated use of the Site, including using scripts or other automated tools to submit comments, messages, or requests.
6. Third-Party Websites and Content
The Site may contain links to third-party websites (“Third-Party Websites”) or provide access to articles, photographs, text, graphics, images, designs, music, audio, video, information, applications, software, and other materials owned by or originating from third parties (“Third-Party Content”).
We do not necessarily investigate, monitor, or verify the accuracy, appropriateness, or completeness of Third-Party Websites or Third-Party Content. We are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content made available through or in connection with the Site. This includes, without limitation, their content, accuracy, opinions, reliability, privacy practices, or other policies.
Your access to and use of Third-Party Websites and Third-Party Content are at your own discretion and subject to the applicable third party's terms and conditions.
7. Site Management
We reserve the right, but are not obligated, to:
- Monitor the Site for potential violations of these Terms and Conditions.
- Take appropriate legal action against anyone who, in our sole discretion, violates applicable laws or these Terms and Conditions.
- Refuse, restrict, or limit access to the Site, or remove or disable any user contributions or other material, to the extent technologically feasible.
- Manage the Site in any manner we consider appropriate to protect our rights and property and support the proper operation and security of the Site.
8. Privacy Policy
We take data privacy and security seriously. Please review our Privacy Policy.
By using the Site, you acknowledge that you have reviewed and agree to the applicable provisions of our Privacy Policy, which is incorporated into these Terms and Conditions by reference.
Please note that the Site is hosted in the United States. If you access the Site from a country or region with laws or requirements governing the collection, use, or disclosure of personal information that differ from those applicable in the United States, your continued use of the Site may result in your information being transferred to and processed in the United States. By continuing to use the Site, you acknowledge and consent to this transfer and processing, subject to applicable law.
9. SMS Messaging Terms
By voluntarily opting in to receive SMS or text messages from Munson Medical Center, you agree to receive messages relating to your interactions with us and the healthcare services or patient support information you have requested. These messages may include appointment confirmations, appointment reminders, scheduling information, appointment updates, responses to inquiries, service notifications, and other relevant patient communications.
Message frequency: Message frequency may vary. On average, you may receive approximately 5–10 messages per week, depending on your interactions with our team and the types of notifications you have agreed to receive.
Message and data rates: Message and data rates may apply. Standard messaging and data charges may be imposed by your mobile carrier for messages you send or receive. Please contact your mobile service provider for information about your applicable charges.
Opt-out: You may opt out of SMS communications at any time by replying STOP/CANCEL/UNSUBSCRIBE/END/QUIT to any text message you receive from us. After receiving your opt-out request, we will send a confirmation message. You will not receive further SMS messages unless you choose to opt in again.
Help: If you need assistance with our SMS messaging program, reply HELP to any message you receive. You may also contact us using the information provided in Section 16, Contact Information.
Consent to Receive Messages
Your consent to receive SMS messages is voluntary and is not a condition of receiving medical care or healthcare services from Munson Medical Center. You may choose whether to provide consent through the applicable opt-in process.
For information about how we collect, use, and protect personal information and mobile contact details, please refer to our Privacy Policy in Section 8.
10. Disclaimers
The Site is provided on an “AS IS” and “AS AVAILABLE” basis. Your use of the Site and its features is at your own risk. To the fullest extent permitted by applicable law, we disclaim all express and implied warranties relating to the Site and your use of it, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We make no representations or warranties regarding the accuracy, reliability, or completeness of the information and materials available on the Site or on any websites linked to it. To the fullest extent permitted by law, we assume no liability or responsibility for:
- Errors, omissions, inaccuracies, or mistakes in the Site's content or materials.
- Personal injury or property damage of any kind resulting from your access to or use of the Site.
- Unauthorized access to or use of our secure servers, or any personal or financial information stored on them.
- Any interruption or cessation of transmissions to or from the Site.
- Any bugs, viruses, Trojan horses, or similar harmful materials that may be transmitted to or through the Site by a third party.
11. Limitations of Liability
To the fullest extent permitted by applicable law, neither we nor our directors, employees, or agents shall be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, lost revenue, loss of data, or any other damages arising from or relating to your use of the Site, even if we have been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained in these Terms and Conditions, our total liability to you, regardless of the cause or form of action, shall be limited to the amount, if any, that you paid to us for services during the six (6) months immediately preceding the event giving rise to the claim.
12. Indemnification
You agree to defend, indemnify, and hold harmless Munson Medical Center, its subsidiaries and affiliates, and their respective officers, agents, partners, and employees from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, brought by a third party arising out of or relating to:
- Your use of the Site.
- Your breach of these Terms and Conditions.
- Any breach of the representations or warranties you make under these Terms and Conditions.
- Your violation of any third-party rights, including intellectual property rights.
- Any harmful act committed by you toward another user of the Site with whom you connected through the Site.
We reserve the right, at your expense, to assume exclusive control of the defense and handling of any matter for which you are required to indemnify us. You agree to cooperate, at your expense, with our defense of any such claim.
13. Governing Law and Jurisdiction
These Terms and Conditions and your use of the Site shall be governed by and interpreted in accordance with the laws of the State of Florida, without regard to its conflict-of-law principles.
You agree to submit to the personal jurisdiction of the state and federal courts located in Palm Beach County, Florida, for the resolution of any disputes arising out of or relating to these Terms and Conditions or your use of the Site.
14. Dispute Resolution
Informal Negotiations
To help resolve disputes efficiently and reduce associated costs, you and Munson Medical Center agree to make a good-faith effort to resolve any dispute, controversy, or claim arising out of or relating to these Terms and Conditions (each a “Dispute” and collectively, the “Disputes”) through informal negotiations.
The parties agree to attempt to resolve any Dispute informally for at least thirty (30) days before initiating arbitration.
Binding Arbitration
If the parties are unable to resolve a Dispute through informal negotiations, the Dispute shall be resolved exclusively through binding arbitration.
The arbitration shall be initiated and conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA's Supplementary Procedures for Consumer Related Disputes. These rules and procedures are available through the AAA website.
15. Modifications and Interruptions
We reserve the right to change, modify, or remove any content on the Site at any time and for any reason, at our sole discretion and without prior notice. We are not obligated to update information published on the Site. We also reserve the right to modify, suspend, or discontinue all or any part of the Site at any time without notice.
We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Site.
We cannot guarantee that the Site will always be available or operate without interruption. The Site may occasionally experience hardware, software, or other technical issues, or require maintenance, which may result in interruptions, delays, or errors.
16. Contact Information
If you have any questions or comments regarding these Terms and Conditions, including our SMS messaging terms, or require assistance with opting out of SMS communications, please contact Munson Medical Center through our website: