1. Acceptance of Terms

Welcome to the Lung Research Florida website (the "Site"), operated by Lung Research Florida, the Research Facility of Advanced Asthma Clinic ("we," "us," "our," or "Lung Research Florida"). By accessing or using this Site, you agree to be bound by these Terms of Use ("Terms") and our Privacy Policy, which is incorporated by reference into these Terms.

If you do not agree to these Terms, please do not use this Site. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting. Your continued use of the Site after any modifications constitutes your acceptance of the revised Terms.

2. Use of Website

2.1 Permitted Use

This Site is intended to provide information about our clinical research studies, respiratory health resources, and our medical services. You may use this Site for the following purposes:

• Learning about our clinical trials and research studies
• Accessing educational information about respiratory conditions
• Contacting us regarding potential participation in clinical trials
• Referring patients for clinical research opportunities
• Accessing general information about our facility and services

2.2 Prohibited Use

You agree NOT to use this Site to:

• Violate any applicable laws or regulations
• Attempt to gain unauthorized access to any portion of the Site or our systems
• Interfere with or disrupt the Site or servers connected to the Site
• Transmit any viruses, malware, or other harmful code
• Collect or harvest any personally identifiable information from the Site
• Use automated systems or software to extract data from the Site
• Impersonate any person or entity or misrepresent your affiliation
• Engage in any activity that could damage our reputation or business

3. Medical Disclaimer

3.1 No Medical Advice

The content on this Site, including information about respiratory conditions, treatments, and clinical trials:

• Is NOT a substitute for professional medical advice, diagnosis, or treatment
• Should NOT be relied upon for making health decisions
• Does NOT create a doctor-patient relationship
• May not be applicable to your specific medical condition

3.2 Consult Healthcare Providers

Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding:

• A medical condition or symptoms
• Treatment options or medications
• Participation in clinical trials
• Changes to your healthcare regimen

3.3 Emergency Situations

If you are experiencing a medical emergency, call 911 or your local emergency services immediately. Do not use this Site for emergency medical needs.

4. Clinical Trial Information

4.1 Informational Purpose Only

Information about clinical trials on this Site is provided for informational purposes only and does not constitute:

• An offer to participate in any clinical trial
• A guarantee of eligibility for any study
• A promise of any particular outcome or benefit
• Medical advice about whether you should participate

4.2 Eligibility and Enrollment

Clinical trial participation is subject to:

• Meeting specific eligibility criteria for each study
• Undergoing screening procedures
• Providing informed consent
• Approval by the study physician
• Availability of study slots

4.3 No Guarantee of Acceptance

Submitting an inquiry or application through this Site does not guarantee acceptance into any clinical trial. All potential participants must undergo our screening process.

4.4 Investigational Nature

Clinical trials involve investigational treatments that:

• Have not been approved by the FDA for general use
• May have unknown risks and side effects
• May not provide any benefit to participants
• Are conducted under strict research protocols

5. Intellectual Property Rights

5.1 Ownership

All content on this Site, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, and software, is the property of Lung Research Florida or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• View and download content from this Site for personal, non-commercial use only
• Print pages from the Site for personal reference
• Share links to our Site with others

5.3 Restrictions

You may NOT:

• Modify, copy, distribute, transmit, display, reproduce, or create derivative works from the Site
• Use the Site's content for commercial purposes without our written permission
• Remove any copyright, trademark, or other proprietary notices
• Frame or mirror any part of the Site without our written consent

5.4 Trademarks

"Lung Research Florida," "Advanced Asthma Clinic," and associated logos are trademarks of our organization. All other trademarks appearing on the Site are the property of their respective owners.

6. User Submissions

6.1 Feedback and Communications

Any comments, suggestions, feedback, or other communications you submit to us through the Site or otherwise ("Submissions") become our property. By making Submissions, you:

• Grant us an irrevocable, worldwide, royalty-free license to use your Submissions
• Represent that you have the right to make such Submissions
• Agree that we have no obligation to maintain confidentiality of Submissions
• Waive any claims against us relating to the use of your Submissions

6.2 Prohibited Content

You agree not to submit any content that:

• Is false, misleading, or fraudulent
• Is defamatory, threatening, or harassing
• Violates any person's privacy rights
• Contains personal health information of others
• Infringes any intellectual property rights
• Violates any applicable laws or regulations

7. Privacy and HIPAA Compliance

7.1 Privacy Policy

Your use of this Site is subject to our Privacy Policy, which describes how we collect, use, and protect your personal information. By using this Site, you consent to our privacy practices.

7.2 HIPAA Compliance

As a healthcare provider, we comply with the Health Insurance Portability and Accountability Act (HIPAA) and maintain strict confidentiality of protected health information. However, please note:

• This public website is not a secure method of transmitting health information
• Do not send personal health information through unsecured contact forms or email
• For secure communications about your health, please contact us directly by phone

7.3 No Expectation of Privacy

Communications sent through this Site's general contact forms or to general email addresses should not be considered confidential and may not be protected by doctor-patient privilege.

8. Third-Party Links and Content

8.1 External Links

This Site may contain links to third-party websites. These links are provided for your convenience only. We do not:

• Endorse or control the content of linked sites
• Assume responsibility for the accuracy of third-party content
• Guarantee the privacy practices of third-party sites
• Monitor or review the content of linked sites

8.2 Your Responsibility

When you leave our Site via a link, you do so at your own risk. We encourage you to read the terms of use and privacy policies of any third-party sites you visit.

9. Disclaimers and Limitations of Liability

9.1 "As Is" Basis

THIS SITE AND ALL CONTENT, MATERIALS, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

9.2 Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
• WARRANTIES OF NON-INFRINGEMENT
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
• WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE
• WARRANTIES THAT DEFECTS WILL BE CORRECTED
• WARRANTIES THAT THE SITE IS FREE OF VIRUSES OR HARMFUL COMPONENTS

9.3 Limitation of Liability

IN NO EVENT SHALL LUNG RESEARCH FLORIDA, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL
• ANY DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE
• ANY DAMAGES RESULTING FROM ERRORS, OMISSIONS, OR INACCURACIES IN CONTENT
• ANY PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO YOUR USE OF THE SITE

9.4 Maximum Liability

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

9.5 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Lung Research Florida, Advanced Asthma Clinic, and their respective officers, directors, employees, agents, affiliates, and contractors from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use or misuse of the Site
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Any content you submit to or through the Site
• Your violation of any applicable laws or regulations

11. Governing Law and Jurisdiction

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

11.2 Jurisdiction

You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Site shall be brought exclusively in the state or federal courts located in Broward County, Florida, and you consent to the personal jurisdiction of such courts.

11.3 Waiver of Jury Trial

YOU AND LUNG RESEARCH FLORIDA HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE.

12. General Provisions

12.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Lung Research Florida regarding your use of the Site and supersede all prior agreements and understandings.

12.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

12.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

12.4 Assignment

You may not assign or transfer these Terms or any rights granted hereunder without our prior written consent. We may assign these Terms without restriction.

12.5 Survival

Provisions that by their nature should survive termination of these Terms shall survive, including but not limited to disclaimers, limitations of liability, indemnification, and governing law.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make changes:

• We will update the "Effective Date" at the top of this page
• We may provide notice of material changes on our homepage
• Your continued use of the Site after changes constitutes acceptance
• If you disagree with any changes, you must stop using the Site

We encourage you to review these Terms periodically for any updates.

14. Special Terms for Clinical Trial Participants

If you are accepted as a participant in one of our clinical trials:

• You will be required to sign separate informed consent documents
• The informed consent will govern your participation in the specific study
• Additional terms and conditions may apply to your participation
• These website Terms do not replace or modify any study-specific agreements
• Your rights as a research participant are protected by federal regulations

15. Contact Information

If you have any questions about these Terms of Use, please contact us:

Acknowledgment and Acceptance

BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS SITE.

These Terms of Use were last updated on January 1, 2025.