Website Terms

1. Acceptance of Terms

By accessing or using the Treasure Health website (the “Site”), you agree to be bound by these Terms of Use. These Terms of Use (“Terms”) are intended to constitute a binding agreement that conditions your use of the website(s) of Treasure Health or its subsidiaries and affiliated companies (collectively “Treasure Health,” “we,” “us,” or “our”), including Treasurehealth.org and any other website or service of Treasure Health (collectively, the “Site”).

Treasure Health provides this Site to you and any other person or entity on whose behalf you accept these Terms (collectively “you” or “your”) subject to these Terms. These Terms are entered into by and between Treasure Health and you, and you accept them by accessing or using the Site in any manner. If you do not agree to these Terms, you may not use the Site.

2. About Treasure Health

Treasure Health operates hospice, palliative care, grief support, foundation, volunteer, and related healthcare services throughout the Treasure Coast.

3. Medical Information Disclaimer

• Information on this Site is provided for educational and informational purposes only.
• It is not medical advice.
• It is not intended to diagnose, treat, cure, or prevent any medical condition, and is not a substitute for the advice, diagnosis, or treatment of a qualified healthcare professional. Never disregard professional medical advice, or delay in seeking it, because of anything you read on the Site.
• Use of the Site does not establish a patient-provider relationship between you and Treasure Health or any of its clinicians.
• In an emergency, call 911 or go to the nearest emergency department.

4. HIPAA and Protected Health Information

This Terms of Use governs general use of the Site's content and features. It does not govern protected health information (PHI) that Treasure Health collects, uses, or discloses in connection with the clinical hospice, palliative care, or bereavement services we provide. Our handling of PHI is instead governed by our Notice of Privacy Practices, issued in accordance with the Health Insurance Portability and Accountability Act (HIPAA), which is available upon request or at our facilities. If you have questions about how your or a loved one's health information is used in connection with care, please contact us using the information in Section 24 below.

5. No Guarantee of Information

The information presented on the Site is made available solely for general informational purposes. Treasure Health makes reasonable efforts to ensure its sources of information are accurate, reliable, and current, but the information may not be complete or free from error. Any reliance you place on such information is strictly at your own risk. Any decision to act, or not act, on Site content is your own independent decision, and Treasure Health disclaims all liability and responsibility arising from any reliance placed on such content by you or any other visitor to the Site, or by anyone who may be informed of its contents.

6. Intellectual Property

All logos, trademarks, service marks, photographs, videos, graphics, text, and downloadable materials on the Site are owned by Treasure Health or used with permission and may not be copied, reproduced, modified, distributed, or used for any commercial purpose without prior written consent.

7. Permitted Use

Visitors may:

• Browse the Site;
• Download publicly available educational materials for personal, non-commercial use; and
• Share links to pages on the Site.

By accessing or using the Site, you represent, warrant, and agree that:

• Your use of the Site is subject to and governed by these Terms;
• You will use the Site solely for lawful purposes and in accordance with these Terms;
• You will always act in accordance with applicable law, custom, and in good faith; and
• Each use of the Site by you indicates and confirms your agreement to be bound by these Terms.

8. Prohibited Uses

Users may not:

• Interfere with the operation of the Site;
• Upload or transmit viruses, malicious code, or other harmful material;
• Scrape, harvest, or systematically extract data from the Site;
• Interfere with, disrupt, or attempt to gain unauthorized access to the Site or Treasure Health’s network services, servers, or related systems;
• Use the site in any way that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
• Transmit any unsolicited commercial communications, spam, or flooding;
• Transmit or upload content or images that infringe upon any third party’s intellectual property rights or right to privacy;
• Impersonate any person or entity or otherwise misrepresents your affiliation with any person or entity; or
• Use the Site in violation of applicable federal, state, or local law, or these Terms.

Treasure Health reserves the right to terminate your access to the Site, with or without cause and with or without notice, for any action that Treasure Health determines is inappropriate or disruptive to this Site or to any other user of this Site, or for any violation of these Terms. Treasure Health may report to law enforcement authorities any actions that may be illegal. When legally required or at Treasure Health’s discretion, Treasure Health will cooperate with law enforcement agencies in any investigation of alleged illegal activity in connection with this Site.

9. User-Submitted Content

Certain areas of the Site may allow visitors to submit content, such as memorial tributes, testimonials, photographs, or personal stories (“User Content”). You are solely responsible for any User Content you submit. User Content must not include any protected health information (PHI) or other information about a specific patient's diagnosis, treatment, or care; do not include such information in anything you submit. Any User Content you submit will be treated as non-confidential and non-proprietary, and you should not submit anything you wish to keep private. By submitting User Content, you grant Treasure Health a non-exclusive, royalty-free, worldwide, sublicensable, perpetual license to use, reproduce, edit, display, publish, and distribute that content, in whole or in part, in connection with our website, publications, fundraising, and promotional and marketing materials. You represent and warrant that you own or otherwise control all of the rights to material submitted by you and that no use of such material by Treasure Health will infringe or violate any rights of any third party. Treasure Health reserves the right, at any time and in its sole discretion, to remove, move, edit, or decline to post any User Content submitted by you.

10. Accessibility

Treasure Health is committed to making the Site accessible to all users, including individuals with disabilities. If you encounter an accessibility barrier on the Site or need assistance accessing content, please contact us using the information in Section 2 below so we can provide the information in an alternative format or otherwise assist you.

11. Third-Party Websites

Links to third-party websites (including Blackbaud, social media platforms, employment systems, and YouTube) are provided as a convenience only. Treasure Health is not responsible for the content, accuracy, or privacy practices of any third-party website. You acknowledge and agree that such third-party websites may have different privacy policies and terms and conditions than those of Treasure Health, and that your use of any third-party website is governed by the respective privacy policy and terms and conditions of that site.

TREASURE HEALTH EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON ANY CONTENT, GOODS, SERVICES, INFORMATION, OR RESOURCES AVAILABLE ON OR THROUGH ANY THIRD-PARTY WEBSITE. Any reference on the Site to any product, service, publication, institution, or organization of any third-party entity or individual does not necessarily constitute or imply Treasure Health’s endorsement or recommendation.

12. Listings and Resources Disclaimer

From time to time, the Site may list outside organizations, helplines, or other grief-support and hospice-related resources (“Resources”) as a convenience to visitors. The listing of any Resource does not signify Treasure Health’s endorsement or recommendation of that organization, its personnel, or its services. Treasure Health does not make any warranty or representation as to the quality of the services available through such Resources. Treasure Health is not responsible or liable in any way for the representations, warranties, materials, research, products, services, actions, activities, negligence or malfeasance of any listed Resource. Further, Treasure Health is not liable for any action you or others may take based in any way on any information provided by a listed Resource.

Resources are listed in alphabetical order, and no ranking or preference should be inferred from the manner or order in which they are presented. The list is provided for informational purposes only, is not intended to be comprehensive or fully representative of every applicable resource or category of resources, and you must determine in your own discretion whether to contact, consult with, utilize, or rely on any listed Resource. Treasure Health does not maintain a financial relationship with, or receive any payment or financial benefit from, any Resource that may be found on the Site, or any organization responsible for or related to such Resource. Treasure Health is not responsible for the continued existence, availability, or maintenance of any Resource. Treasure Health reserves the right to add or remove any Resource at any time, with or without cause or notice.

13. Donations

You can make an online donation to Treasure Health. Online donations are securely processed by Blackbaud or another authorized payment processor and are subject to that provider's terms of use and privacy practices. Treasure Health is not affiliated with, nor the agent or employee of, any such third-party payment processor provider. Treasure Health is not responsible in any way for the actions or performance (or lack thereof) of any such third-party service provider. Accordingly, Treasure Health expressly disclaims responsibility and liability for all payment processor services, and you hereby agree that Treasure Health shall not be responsible for any loss or damage of any sort incurred as a result of such services.

14. Employment Opportunities

Employment applications may be processed through third-party recruitment platforms. Applicants should review those platforms' privacy policies before submitting personal information.

15. Disclaimer of Warranties; Limitation of Liability

THE SITE AND ALL CONTENT, INFORMATION, AND MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TREASURE HEALTH DOES NOT WARRANT THAT THE SITE IS FREE OF DEFECTS OR HARMFUL COMPONENTS, THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED, AND DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE RESULTS YOU MAY OBTAIN FROM USE OF THE SITE OR ANY CONTENT ON IT. TO THE FULLEST EXTENT ALLOWED BY LAW, TREASURE HEALTH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE CONTENT, OR OTHER POSTED CONTENT ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

BY USING THE SITE, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TREASURE HEALTH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AND AGENTS WILL NOT BE LIABLE TO YOU FOR ANY CLAIM, LOSS, INJURY, OR DAMAGE OF ANY KIND — WHETHER BASED ON NEGLIGENCE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY, AND WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE — ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR ANY CONTENT ON IT, INCLUDING ANY RELIANCE YOU PLACE ON SUCH CONTENT. THIS LIMITATION APPLIES TO USE OF THE WEBSITE ITSELF AND DOES NOT LIMIT ANY RIGHT YOU MAY HAVE IN CONNECTION WITH CLINICAL HOSPICE, PALLIATIVE, OR BEREAVEMENT CARE TREASURE HEALTH PROVIDES TO YOU OR A LOVED ONE, WHICH IS ADDRESSED IN THE APPLICABLE CARE AGREEMENTS AND NOTICES, NOT THESE TERMS. NOTHING IN THIS SECTION LIMITS ANY LIABILITY, OR WAIVES ANY RIGHT YOU MAY HAVE, THAT CANNOT BE LIMITED OR WAIVED UNDER APPLICABLE LAW.

16. Indemnification

You agree to indemnify, defend, and hold harmless Treasure Health and its affiliates, officers, directors, employees, volunteers, representatives, and agents (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of or access to the Site; (b) your violation of these Terms; (c) your unauthorized use of any content or materials obtained through the Site; (d) any User Content you submit, including any claim that it infringes or misappropriates a third party's rights; or (e) your violation of any applicable law or the rights of any third party. Treasure Health reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations hereunder.

17. Injunctive Relief

You acknowledge that a breach or threatened breach of these Terms by you may cause Treasure Health irreparable harm for which monetary damages would be an inadequate remedy. Accordingly, in addition to any other rights and remedies available to Treasure Health, Treasure Health shall be entitled to seek equitable relief, including injunctive relief and specific performance, without the requirement of posting a bond or other security, and without prejudice to any other rights or remedies Treasure Health may have at law or in equity. For purposes of seeking such equitable relief, you hereby consent to the jurisdiction of the state and federal courts sitting in Martin County, Florida.

18. Children's Use of the Site

The Site is intended for a general adult audience and is not directed to children under 13. Certain bereavement or grief-support content may reference programs for children and teens, but such content is intended for use by a parent, guardian, or caregiver, and is not intended to solicit information directly from children under 13. By accessing or using the Site, you represent, warrant and agree that you are at least 13 years of age.

19. Changes to the Website

Treasure Health may modify, suspend, or discontinue any portion of the Site at any time and without notice. Treasure Health will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, in its sole discretion and without notice, Treasure Health may restrict access to some parts of the Site, or the entire Site.

You are responsible for making all arrangements necessary for you to have access to the Site and for ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.

20. Changes to These Terms

Treasure Health may revise these Terms of Use at any time in its sole discretion by posting updated Terms on the Site. Continued use of the Site after changes are posted constitutes your agreement to follow and be bound by the revised Terms. You should review these Terms and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended Terms, you must stop using the Site.

21. Privacy Policy

In addition to these Terms, Treasure Health publishes a Privacy Policy, which describes how Treasure Health collects, uses, and discloses information about users of the Site. We encourage you to read it to better understand how Treasure Health handles your information.

22. Governing Law and Venue

These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-laws principles. Any dispute arising from or relating to the subject matter of these Terms shall be resolved exclusively in the state or federal courts located in Martin County, Florida, and you consent to the personal jurisdiction and venue in such courts.

23. Severability; Entire Agreement; Assignment; No Waiver

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect. These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Treasure Health regarding use of the Site. Treasure Health may assign these Terms without restriction; you may not assign these Terms without our prior written consent. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

24. Contact Information

Treasure Health
1201 SE Indian Street
Stuart, FL 34997
Phone: 772-403-4500
Email: marketing@treasurehealth.org