TOTAL REHAB ORTHOPEDIC AND SPORTS SPECIALTY
TERMS OF USE FOR WEBSITE
Thank you for visiting the Total Rehab Orthopedic and Sports Specialty, PC website (hereinafter “Total Rehab”, “we”, “us”, or “our”). The terms of this policy govern your use of the website, as well as any other websites, applications (including mobile apps), or products or services that we offer. These terms of use may be changed from time to time without notice to you, by the posting of such changes on the website. Any changes in the terms of use will be effective when posted and your continued use of the website and/or the services made available on or through the website after any changes to the terms of use are posted will be considered acceptance of those changes. By using the website or any part of the website you accept and agree to these terms of use as applied, as well as our Cookies Policy and our Privacy Policy. By using the website, you represent warranty of the right, authority and capacity to enter into an agreement on behalf of yourself or the entity you represent. If you do not agree to the Terms of Use as stated herein, you may not access, register, or otherwise use the website.
1. Use of the Website
The access to and use of the Website implies Your full acceptance and undertaking to abide entirely by the Terms. You are not permitted to use or cause others to use, any automated system or software to extract content or date from our website for commercial purposes.
Access to our Website is permitted on a temporary basis. We update our Website regularly and so may change the content at any time without notice to you. We reserve the right to withdraw, vary, or suspend the service at any time without notice.
You are responsible for making all arrangements necessary to access this Website. You are also responsible for ensuring that all persons accessing our Website through your internet connection are aware of these Terms and Conditions. Please note that use of our Website is subject to your computer and/or portable device complying with our minimum standard technical specification and compatibility notice. We shall not be liable for any failure of the Website which arises from incompatibility with your computer or device.
You agree not to use the Website for fraudulent purposes, and not to perform any conduct that may damage the image, interests and rights of Total Rehab or third parties. You also agree not to take any action that will damage, disable or overburden the Website, or hinder, in any way, the normal use and operation of the Website.
In the event of breach of of these Terms we reserve the right to limit, suspend or terminate your access to the website, taking any technical measures necessary for the purpose.
2. Relationship and Reliance on Information Posted
The materials on this website are for informational and educational purposes only. Your use of this website does not create a contractual or legal relationship between you and Total Rehab. The information and materials posted on our website are not intended as medical advice and should not be relied upon as such. We therefore disclaim all liability and responsibility arising from any reliance placed on such information to the fullest extent permissible by all applicable laws.
3. Copyright Ownership
Total Rehab’s website is protected by the copyright laws of the United States and other jurisdictions. You may not copy any part of the website for any other purpose, and you may not modify any part of the website for any reason. Inclusion of any part of the website in another work, whether in printed, electronic or other form, and inclusion of any part of the website in another website by linking, framing or otherwise, is expressly prohibited. Our operation is this website is not intended to create, and will not create, a contractual or legal relationship with you.
4. Trademark Rights
The trademarks, service marks, and logos of Total Rehab belong exclusively to Total Rehab. The Marks are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied on the website confers on you any license or right under the Marks or the trademarks of any third party.
5. Use Restrictions
You agree not to use the website for any purpose that is unlawful or that is designed or intended to interrupt, destroy or limit the functionality of the website. You further agree not to use the website in any matter that:
- copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the website or any portion thereof;
- is intended to obtain unauthorized access to the website, any portion thereof, or any servers or devices on which the website or any related data or information is stored.
- infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
- is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hatful, or racially, ethnically or otherwise objectionable, as determined by Total Rehab in its sole discretion;
6. Your Information
In the course of your use of the website, you may be asked to register or otherwise provide certain personalized information to us in order to access certain services or products. You agree to provide Total Rehab with information that does not impersonate or otherwise misrepresent your association or affiliation with any person, organization, or entity. Total Rehab’s information collection and use of such information is with set forth in our Website Privacy Policy which is incorporated herein by reference for all purposes. You represent and warrant that all required information you submit is truthful, accurate, complete and correct. You agree to immediately notify Total Rehab of any unauthorized use, or suspected unauthorized use, of your information or any other breach of security. Total Rehab cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
7. Third-Party Websites
If links from third-party websites are provided on the Total Rehab website, you acknowledge and agree that Total Rehab shall have no responsibility for such links. You further acknowledge that such links do not constitute an endorsement or sponsorship by Total Rehab of such linked sites or of the information content, product, services, advertising code or other materials presented therein. Total Rehab does not represent or warrant that the contents of any third-party websites are accurate, compliant with law, or otherwise should be relied upon. Any reliance upon the contents of a third-party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
8. Disclaimer of Warranties
Total Rehab does not endorse, and we make no representations or warranties, express or implied, with respect to any opinion, information, advice or statement on the website or on any third-party websites that may be accessed by a link from the website. Under no circumstances will Total Rehab be liable for any loss or damage caused by your reliance on any opinion, information, advice or statement on the website or on any third-party website that may be assessed by a link from the website.
You understand and agree that the website is provided to you on an “as is” and “as available” basis. Total Rehab disclaims any and all implied warranties that the website and all software, content and services, and information distributed through the website are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. No oral or written information given by Total Rehab or a representative shall create a warranty.
9. Termination
We reserve the right to restrict, modify, suspend, or terminate your access to the website, with or without cause or prior notice, at any time, and without any liability to you.
10. Privacy
Total Rehab views the protection of your privacy as an important responsibility. Personal Information and personally Identifiable Information (together, “PII”) and other information collected on or in connection with the website will be used and processed as described in our Website Privacy Policy, which is incorporated herein. By using the website, you consent to the collection and use of your PPI by us as described in the Privacy Policy.
11. Limitation of Liability
In no event shall Total Rehab or any third party mentioned on the website be liable for any damages (including without limitation, incidental, consequential, or other indirect damages, personal injury/wrongful death, lost profits, or damages resulting from lost date or business interruption) resulting from your use of or inability to use the website or any part thereof, whether based in warranty, contract, tort, or any other legal theory, and whether or not Total Rehab is advised of the possibility of such damages. Your sole and exclusive remedy for any other dispute with Total Rehab is to discontinue your use of the website or any services offered by Total Rehab. In no event will Total Rehab’s total cumulative damages exceed US $100.00.
12. Dispute Resolution
By using the website, you and Total Rehab agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the website, or the breach, enforcement, interpretation, or validity of these Terms or any part thereof (“Dispute”), both parties shall first try in good faith to settle such Dispute by proving written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to Total Rehab at:
234 W St S #4, Grinnell, IA 50112
Both you and Total Rehab agree that this dispute resolution procedure is a condition precedent that mush be satisfied before initiating any litigation or filing any claim against the other party.
If any dispute cannot be resolved by the above dispute resolution procedure, you agree that the sole and exclusive jurisdiction for such dispute will be decided by binding arbitration on an individual basis. Arbitration in an individual basis means that you will not have, and you waive, the right for a judge or jury to decide your claims, and that you may not proceed in a class, consolidated, or representative capacity.
13. Choice of Law and Forum
You agree that the laws of the state of Iowa govern the Terms and any claim or dispute that you may have against us, without regard to conflict of laws rules. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the forgoing with respect to applicable substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the U.S. Federal Arbitration Act (9 U.S.C., Secs. 1-16)
You further agree that any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in Poweshiek County, Iowa and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Please note that by agreeing to these terms of use, you are: (1) Waiving claims that you might otherwise have against us based on the laws of other jurisdictions, including your own; (2) Irrevocably consenting to the exclusive jurisdiction of, and venue in, state or federal courts in Poweshiek County, Iowa, for any disputes or claims brought under this provision; and (3) submitting yourself to the personal jurisdiction of Courts located in Poweshiek County, Iowa for the purpose of resolving any such disputes or claims.
14. Modification
We reserve the right to modify these Terms at any time. Your continued use of the website after any such modifications have been made shall be deemed to be your conclusive acceptance of any modified version of the Terms. We will indicate that changes to the Terms have been made by updating the date indicated after “Last Updated” at the beginning or end of these Terms. If you do not agree to abide by the initial version and any modified version of the Terms, the you are not authorized to use the website.