AGREEMENT BETWEEN USER AND PhysioSource Physical Therapy
The PhysioSource Physical Therapy website is comprised of various Web pages operated by PhysioSource Physical Therapy.
The PhysioSource Physical Therapy website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the PhysioSource Physical Therapy Website constitutes your agreement to all such terms, conditions, and notices.
LINKS TO THIRD PARTY SITES
The PhysioSource Physical Therapy Web Site may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of PhysioSource Physical Therapy is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. PhysioSource Physical Therapy is not responsible for Webcasting or any other form of transmission received from any Linked Site. PhysioSource Physical Therapy is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PhysioSource Physical Therapy of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the PhysioSource Physical Therapy Website, you warrant to PhysioSource Physical Therapy that you will not use PhysioSource Physical Therapy Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the PhysioSource Physical Therapy Website in any manner which could damage, disable, overburden, or impair the PhysioSource Physical Therapy Website or interfere with any other party’s use and enjoyment of the PhysioSource Physical Therapy Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through thePhysioSource Physical Therapy Websites.
DISCLAIMERS & LIMITATION OF LIABILITY
- General Disclaimer
You acknowledge and agree that PhysioSource Physical Therapy is not responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate content posted on the Website or provided in connection with any Products, Services or Treatments, whether caused by users of the Website, Product, Services or Treatments, including other Website users, or any of the equipment or programming associated with or utilized in the Website or its Products, Services or Treatments; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any content, communications or personalization settings; (iii) the conduct, whether online or offline, of any user of the Website; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or Member communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Website users or to any other person's computer related to or resulting from participating or downloading Products in connection with the Website and/or in connection solely with the Products, Services or Treatments.
- Website provided "AS-IS"
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, PhysioSource Physical Therapy PROVIDES THE WEBSITE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE WEBSITE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. PhysioSource Physical Therapy DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE WEBSITE WILL BE CORRECTED.
YOU FURTHER UNDERSTAND THAT ANY PRODUCT, SERVICE, TREATMENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY PRODUCT OR OTHER MATERIALS THROUGH THE WEBSITE.
- Third Party content
From time to time, PhysioSource Physical Therapy may make third party opinions, advice, statements, offers, or other third party information or content or Products, Services or Treatments available on the Website ("Third Party Content", "Third Party Product", "Third Party Service" or "Third Party Treatment"). All Third Party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. PhysioSource Physical Therapy DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON THE WEBSITE OR THIRD PARTY PRODUCT MADE AVAILABLE THROUGH THE WEBSITE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE OR IN A PRODUCT, SERVICE OR TREATMENT. UNDER NO CIRCUMSTANCES WILL PhysioSource Physical Therapy OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR IN A PRODUCT, SERVICE OR TREATMENT, OR TRANSMITTED TO OR BY ANY WEBSITE USERS.
- Informational Purposes ONLY
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website or in a Product, Service or Treatment is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. PhysioSource Physical Therapy makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website or any of its Products, Services or Treatments. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
- Links & Third Party Websites
The Website may contain or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that PhysioSource Physical Therapy is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or Products, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Website or in a Product, Service or Treatment, including payment and delivery of related goods, Products or Treatments, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that PhysioSource Physical Therapy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods, Products, Services or Treatments or other materials available on or through any such website or resource.
- Limitation on Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL PhysioSource Physical Therapy, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS, PRODUCT PROVIDERS, SERVICE PROVIDERS OR TREATMENT PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, WEBSITE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE PRODUCTS, EVEN IF PhysioSource Physical Therapy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PhysioSource Physical Therapy'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PhysioSource Physical Therapy FOR THE PRODUCT, SERVICE OR TREATMENT. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OR ITS PRODUCTS, SERVICES OR TREATMENTS OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
- Controlling Law & Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Ohio without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Website or its Products will be brought in the federal or state courts located in the jurisdiction and venue as chosen by PhysioSource Physical Therapy. You waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Website or its Products, Services or Treatments in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Ohio (excluding choice of law). No software made available in connection with the Website or its Products may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE WEBSITE OR ITS PRODUCTS OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
You agree to indemnify and hold PhysioSource Physical Therapy, its subsidiaries, affiliates, and its officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of (a) your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), (b) any postings or content you post on the Website or as a result of the use of the Website or license or purchase of its Products, Services or Treatments, and (c) the violation of any law or regulation by you. PhysioSource Physical Therapy reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PhysioSource Physical Therapy in connection therewith.
PhysioSource Physical Therapy may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Website. Such notices may not be received if you violate this Agreement by accessing the Product in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Product in an authorized manner.
- Waiver & Severability
The failure of PhysioSource Physical Therapy to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable and any rights to your profile or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind PhysioSource Physical Therapy in any manner.
- Force Majeure
Company shall not be deemed to be in default of or to have breached any provision of this Agreement as a result of any delay, failure in performance or interruption in connection with any Product offered by Company or any third party resulting directly or indirectly from any cause beyond the reasonable control of Company, including, without limitation, an act of war or terrorism, failure of electricity supply, systems or connections, interruptions, natural disaster, third party Product provider failure or delay in performance, civil commotion, governmental action, labor dispute, act of God or other causes beyond the reasonable control of Company.
This Agreement, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by Company without restriction, notice or other obligation to you or any third party.
This Agreement is subject to change by PhysioSource Physical Therapy at any time.
- Entire Agreement
PhysioSource Physical Therapy reserves the right, in its sole discretion, to terminate your access to the PhysioSource Physical Therapy Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Ohio, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Toledo, OH, U.S.A. in all disputes arising out of or relating to the use of the PhysioSource Physical Therapy Website. Use of the PhysioSource Physical Therapy Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and PhysioSource Physical Therapy as a result of this agreement or use of the PhysioSource Physical Therapy Website. PhysioSource Physical Therapy's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of PhysioSource Physical Therapy's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the PhysioSource Physical Therapy Website or information provided to or gathered by sitetitle with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and PhysioSource Physical Therapy with respect to the PhysioSource Physical Therapy Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PhysioSource Physical Therapy with respect to the PhysioSource Physical Therapy Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
This Agreement was last modified on the July 1, 2019 and is effective immediately.