Terms of Use

Apex Brain & Spine PLLC Website

Effective Date: November 4, 2026

These Terms of Use (“Terms”) govern your access to and use of the website operated by Apex Brain & Spine PLLC (“Practice,” “we,” “us,” or “our”) at apexbrainandspine.com and any related subdomains or associated pages (the “Site”). By accessing, browsing, or using the Site in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Website Privacy Policy, and our Notice of Privacy Practices. If you do not agree to all of these Terms, you must immediately cease all use of the Site.

These Terms constitute a legally binding agreement between you and the Practice. We reserve the right to modify these Terms at any time; continued use after posting of changes constitutes acceptance of the revised Terms.

1. No Medical Advice; No Doctor-Patient Relationship; Emergency Disclaimer

THE CONTENT ON THIS SITE IS PROVIDED FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. IT IS NOT MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT AND MUST NOT BE RELIED UPON AS SUCH. The information may not apply to your specific situation and may contain errors, omissions, or outdated material. Always consult a qualified physician or other licensed health care provider for personal medical advice. Never disregard professional medical advice or delay seeking it because of anything you have read on this Site.

USE OF THIS SITE DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP between you and any physician, provider, or employee of Apex Brain & Spine PLLC. A doctor-patient relationship arises only upon formal acceptance of you as a patient following an appropriate evaluation conducted by the Practice. Nothing on the Site constitutes an offer to provide medical services or a guarantee of any outcome.

IN CASE OF A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM IMMEDIATELY. DO NOT USE THIS SITE, CONTACT FORMS, OR EMAIL FOR URGENT OR EMERGENCY MEDICAL NEEDS.

Any decision to seek care from the Practice is yours alone. We make no representations regarding the suitability of any treatment or the availability of appointments.

These Terms apply only to your use of the Site. They do not govern, limit, or affect any doctor-patient relationship that may later be formed, nor do they limit the Practice’s professional liability for medical care actually rendered after you are formally accepted as a patient. Claims arising from medical treatment are governed by applicable professional standards, informed consent, and Florida medical malpractice law—not by these website Terms.

2. Appointment Requests, Forms, and Communications

Submission of an appointment request, contact form, or any other communication through the Site does not create any obligation on the part of the Practice to schedule an appointment, respond within any particular timeframe, or provide services. All such submissions are subject to our availability, clinical judgment, insurance verification, and internal policies. Response times vary and are not guaranteed.

Do not include detailed, sensitive, or confidential medical information in general contact forms or unsecured communications. Use only the secure methods designated by the Practice for transmission of clinical information. The Practice is not responsible for the security or confidentiality of information transmitted through unsecured channels.

3. Intellectual Property Rights

All content on the Site—including but not limited to text, graphics, logos, images, photographs, videos, audio, software, and the arrangement thereof—is the exclusive property of Apex Brain & Spine PLLC or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. You are granted a limited, revocable, non-exclusive, non-transferable license to access and view the Site for personal, non-commercial use only. You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any content without our prior written consent. Any unauthorized use may result in civil and criminal liability.

4. Acceptable Use and Prohibited Conduct

You agree that you will not:

Use the Site for any unlawful purpose or in violation of these Terms or any applicable law.
Attempt to gain unauthorized access to the Site, our systems, networks, or data, or interfere with the security or integrity of the Site.
Introduce viruses, malware, ransomware, or any other harmful code.
Engage in scraping, data mining, harvesting, or automated collection of content or data without our express written permission.
Impersonate any person or entity or misrepresent your affiliation.
Post or transmit any content that is defamatory, obscene, harassing, or infringes any third-party rights.
Use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use.

We reserve the right, in our sole discretion, to suspend, restrict, or terminate your access to the Site, remove any content, and pursue all available legal remedies for violations.

5. User-Generated Content and Reviews

If you submit any content to the Site (including but not limited to reviews, comments, or form submissions), you grant the Practice a perpetual, irrevocable, worldwide, royalty-free, transferable license to use, reproduce, modify, display, and distribute such content for any lawful purpose related to the operation of the Practice. You represent and warrant that you own or have the necessary rights to grant this license and that the content does not violate any law or third-party rights. We have no obligation to monitor, publish, or retain any user content and may remove it at any time without notice.

Testimonials or reviews appearing on the Site reflect the experiences of individual patients and do not guarantee similar results for others. Results vary.

6. Third-Party Links, Content, and Services

The Site may contain links to third-party websites, social media platforms, or embedded content. These links are provided solely for convenience. We do not endorse, control, or assume any responsibility for the content, privacy practices, accuracy, or availability of any third-party site or service. Your use of third-party sites is at your sole risk and subject to their terms and policies. We are not liable for any loss or damage arising from your interactions with third parties.

7. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT, MATERIALS, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL APEX BRAIN & SPINE PLLC, ITS PHYSICIANS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SITE OR ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) THE AMOUNT YOU PAID TO THE PRACTICE, IF ANY, FOR ACCESS TO THE SITE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW (INCLUDING CERTAIN CLAIMS ARISING FROM ACTUAL MEDICAL CARE RENDERED AFTER A DOCTOR-PATIENT RELATIONSHIP IS FORMED).

THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

9. Indemnification

You agree to defend, indemnify, and hold harmless Apex Brain & Spine PLLC and its physicians, officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to: (a) your use or misuse of the Site; (b) your violation of these Terms; (c) your violation of any rights of a third party; or (d) any content you submit. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully.

10. Dispute Resolution; Governing Law; Class Action and Jury Trial Waiver

These Terms and any dispute arising out of or relating to them or the Site shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-law principles.

YOU AND THE PRACTICE AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE SHALL BE RESOLVED EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED IN COLLIER COUNTY, FLORIDA, AND YOU CONSENT TO PERSONAL JURISDICTION AND VENUE THEREIN.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE PRACTICE WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT ANY CLAIMS WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

11. Termination

We may suspend or terminate your access to the Site at any time, with or without cause or notice. Upon termination, your right to use the Site ceases immediately. Sections that by their nature should survive (including intellectual property, disclaimers, limitation of liability, indemnification, and governing law) shall survive termination.

12. Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, labor disputes, governmental actions, or failures of third-party services or internet connectivity.

13. Miscellaneous

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

Waiver. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

Entire Agreement. These Terms, together with our Website Privacy Policy and Notice of Privacy Practices, constitute the entire agreement between you and the Practice with respect to the Site and supersede all prior understandings.

Assignment. You may not assign these Terms. We may assign them freely.

Headings. Headings are for convenience only and do not affect interpretation.

Reservation of Rights. All rights not expressly granted herein are reserved by the Practice.

14. Contact Information

Apex Brain & Spine PLLC

3530 Kraft Road, Suite 203

Naples, FL 34105

Phone: 239-422-2739

Email: info@apexbrainandspine.com

For questions regarding these Terms of Use, please contact us at the information above.

Acknowledgment: By using the Site, you acknowledge that you have read these Terms, understand them, and agree to be bound by them. You further acknowledge that these Terms are designed to limit the Practice’s liability to the maximum extent permitted by law and that you have had the opportunity to seek independent legal advice.

Apex Brain & Spine Neurosurgical Specialists