James Callan, P.A. – TERMS & CONDITIONS

Last Updated: April 29, 2025

Acceptance of Terms

Welcome to the James Callan, P.A. website (the “Site”). By accessing or using this Site, submitting your information through it, or using any services, content, or features made available through it, you agree to be bound by these Terms of Service (“Terms”).

These Terms form a binding agreement between you (“you” or “User”) and James Callan, P.A. (“James Callan, P.A.,” “we,” “us,” or “our”). If you do not agree to these Terms, do not use the Site or our services.

These Terms apply to your use of the Site and related online services, including forms, scheduling features, email communications, and SMS/text communications you receive from us after submitting your information or opting in. Additional agreements may apply to specific services, purchases, appointments, or client relationships. If there is a conflict between these Terms and a separate signed service agreement, the separate agreement will control for that specific service.

Website Purpose and Permitted Use

James Callan, P.A. operates a in Florida, United States, and provides this Site to help users:

  • Learn about our business and services

  • Contact us

  • Submit inquiries

  • Book appointments or consultations, where available

  • Subscribe to updates or marketing communications

  • Access informational or educational content

  • Find our contact details, office information, and business hours

You may use the Site only for lawful purposes and in accordance with these Terms.

By using the Site, you represent that you are at least 18 years old, or that you are using the Site under the supervision of a parent or legal guardian who agrees to these Terms on your behalf. The Site is intended for users located in the United States, although access may occur from other locations at your own initiative.

No Professional, Medical, or Legal Advice

Unless expressly stated otherwise in writing, information provided on this Site is for general informational and educational purposes only. Content on the Site is not legal advice, medical advice, financial advice, or any other regulated professional advice, and should not be relied on as a substitute for consulting an appropriate licensed professional.

Your use of this Site does not create any fiduciary, advisory, treatment, attorney-client, therapist-client, physician-patient, or other special professional relationship unless and until a separate formal agreement is entered into, if applicable.

User Information and Submissions

You may browse most of the Site without creating an account. However, to use certain features, you may need to submit personal or contact information.

When you submit information through the Site, you agree that:

  • The information you provide is true, accurate, current, and complete

  • You will not impersonate another person or misrepresent your identity

  • You will provide only information you are authorized to provide

  • You will use your own valid contact details

  • If applicable, you are the authorized user of any phone number you provide

If we believe information you submitted is false, misleading, fraudulent, abusive, or unlawful, we may refuse service, reject the submission, or restrict access to the Site.

User Responsibilities and Prohibited Conduct

You agree not to use the Site in any way that:

  • Violates any applicable law, regulation, or third-party right

  • Interferes with the security, functionality, or operation of the Site

  • Attempts to gain unauthorized access to the Site, servers, systems, or data

  • Introduces malware, viruses, ransomware, worms, or other harmful code

  • Uses bots, scrapers, crawlers, or automated means to access or copy the Site without our written permission

  • Collects or harvests contact information or other data from the Site for unsolicited marketing

  • Impersonates our business, our staff, or another person

  • Posts, sends, or transmits unlawful, defamatory, abusive, obscene, harassing, or infringing material

  • Uses the Site for spam, deceptive practices, or fraudulent activity

We reserve the right to investigate suspected violations and take any action we deem appropriate, including restricting access, reporting conduct to law enforcement, or pursuing legal remedies.

Intellectual Property

All content on the Site, including text, graphics, logos, icons, images, videos, designs, downloads, compilations, and software, is owned by James Callan, P.A., James Callan, P.A., or our licensors, and is protected by applicable intellectual property laws.

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your personal, non-commercial use only.

You may not, without our prior written consent:

  • Copy, reproduce, republish, upload, post, transmit, or distribute Site content

  • Modify or create derivative works from Site content

  • Use our name, logo, branding, or trademarks

  • Use Site content for commercial purposes

  • Reverse engineer or attempt to extract source code from any portion of the Site except where prohibited by law

If you send us feedback, suggestions, or ideas, you agree that we may use them without restriction or compensation to you.

SMS/Text Messaging Terms

If you opt in to receive SMS or MMS messages from us, the following terms apply to that messaging program.

Program Description

By opting in, you agree to receive text messages from James Callan, P.A. related to your relationship with us. These may include:

  • Appointment confirmations

  • Appointment reminders

  • Follow-up messages

  • Service updates

  • Responses to inquiries

  • Promotional or marketing messages, but only if you expressly consented to receive them

Consent to Receive Text Messages

You will only receive marketing text messages if you provide prior express consent. By opting in, you represent that you are the authorized user of the mobile number you provided and that you consent to receive text messages from us at that number. Consent to receive marketing text messages is not a condition of purchase. FCC rules restrict robocalls and robotexts absent the required consent or another recognized basis, and consumers must be able to revoke consent.

Message Frequency

Message frequency varies depending on your interaction with us, appointments, service activity, and communication preferences.

Message and Data Rates

Message and data rates may apply according to your mobile carrier plan. Carriers are not liable for delayed or undelivered messages.

Opt-Out

You may opt out of text messages at any time by replying STOP to any message. After you send STOP, you may receive one final message confirming your opt-out. After that, you will no longer receive text messages from that program unless you opt in again.

Help

For help, reply HELP to any message or contact us at:

Mobile Privacy

We do not sell or share mobile opt-in data or consent with third parties for their own marketing or promotional purposes. We may share your mobile number and message-related data with service providers only as necessary to deliver and support our messaging program.

Changes to Messaging Program

We may modify, suspend, or terminate our messaging program at any time, subject to applicable law.

Email Communications

If you provide your email address, you may receive service-related emails and, where permitted, marketing emails. You may unsubscribe from marketing emails at any time using the unsubscribe link in the email or by contacting us. Commercial email practices in the U.S. are governed by the CAN-SPAM Act, which requires clear identification and an opt-out mechanism.  

Privacy

Your use of the Site is also subject to our Privacy Policy, which explains how we collect, use, and disclose information. By using the Site, you acknowledge that you have reviewed or had the opportunity to review our Privacy Policy.

Third-Party Links and Services

The Site may contain links to third-party websites, tools, platforms, or services. We do not control and are not responsible for the content, terms, policies, security, or practices of any third party.

Your use of third-party services is at your own risk and subject to the terms and privacy policies of those third parties.

Disclaimers

THE SITE AND ALL CONTENT, FEATURES, AND SERVICES PROVIDED THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, James Callan, P.A. DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

We do not guarantee that:

  • The Site will be uninterrupted, error-free, or secure

  • The Site will always be available

  • Defects will be corrected

  • The Site or its servers are free of viruses or harmful components

  • Information on the Site is complete, accurate, or current for every purpose

Your use of the Site is at your own risk.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, James Callan, P.A., James Callan, P.A., AND OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR ANY CONTENT OR SERVICES PROVIDED THROUGH IT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

  1. THE AMOUNT YOU PAID US, IF ANY, FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM; OR

  2. USD $100.

Some states may not allow certain limitations of liability, so parts of this section may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless James Callan, P.A., James Callan, P.A., and our affiliates, owners, officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, damages, judgments, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

  • Your use of the Site

  • Your violation of these Terms

  • Your violation of applicable law

  • Your infringement of any third-party rights

  • Any information or content you submit through the Site

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with us in that defense.

Availability; Changes to Site

We may modify, suspend, or discontinue all or any part of the Site or services at any time, with or without notice. We are not liable if any part of the Site is unavailable at any time.

We may also update content on the Site from time to time, but we are not obligated to keep all content current.

Termination

We may suspend or terminate your access to the Site at any time, with or without notice, if we believe you violated these Terms, applicable law, or engaged in conduct that could harm us, our users, or others.

Upon termination, all rights granted to you under these Terms will immediately end. Provisions that by their nature should survive termination will survive, including provisions regarding intellectual property, disclaimers, limitation of liability, indemnification, governing law, dispute resolution, and any payment obligations.

Governing Law and Venue

These Terms and any dispute arising out of or relating to these Terms, the Site, or our services will be governed by the laws of the State of Florida, without regard to conflict of law principles.

Unless otherwise required by applicable law, any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Florida, and you consent to the personal jurisdiction and venue of those courts.

If a law requires a different forum or prohibits certain provisions in these Terms, then those specific requirements will apply only to the extent required by law.

Informal Dispute Resolution

Before filing a legal claim, you agree to first contact us and attempt to resolve the dispute informally by sending a written notice describing the issue and requested resolution. We will also have the right to do the same.

Nothing in this section prevents either party from seeking injunctive or equitable relief where appropriate.

No Class Actions

To the fullest extent permitted by law, you and James Callan, P.A. agree that each party may bring claims only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.

If this waiver is found unenforceable in a particular matter, then that portion will be severed and the remaining provisions will remain in effect to the fullest extent permitted by law.

Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Last Updated” date at the top of this page. Your continued use of the Site after updated Terms are posted constitutes your acceptance of those revised Terms.

Severability

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

Entire Agreement

These Terms, together with our Privacy Policy and any other policies or agreements expressly incorporated by reference, constitute the entire agreement between you and James Callan, P.A. regarding your use of the Site, unless a separate written agreement applies.

Contact Information

If you have questions about these Terms, please contact us at:

James Callan, P.A.

Address: 10709 Sierra Vista Pl, Tampa Florida 33626

Email: [email protected]

Phone: (727) 231-1941