These Terms will not be “signed” in the sense of a traditional paper document. To verify and agree to the contents of this document, the signatory must enter any combination of alpha/numeric characters that has been specifically adopted to serve the function of the signature, preceded and followed by the forward slash (/) symbol. An acceptable “signature” is: /john smith/. By clicking “I Agree”, you AGREE that you have read these Terms and AGREE to be bound by all of the terms and conditions in these Terms.
1. No Medical Advice; Health Disclaimer.
Our Services and information provided through the Site are intended only to assist a licensed physician, chiropractor, physical therapist, certified athletic trainer, or other appropriately certified professional’s physical rehabilitation recommendation efforts. If you are an End User, the information and reports generated by us are provided to you on behalf of your Licensed Healthcare Professional who directed you to this Site. Further, the information you obtain through the Site is for informational purposes only, and nothing stated or posted on the Site is intended to be, and must not be taken to be, the practice of medicine, the provision of medical care or medical advice, diagnosis, or treatment. If you rely on the information that is available through the Site, you do so at your own risk. Always seek the advice of your Licensed Healthcare Professional or other qualified medical professional with any questions you may have regarding a health or medical condition. If you experience any pain or exacerbation or have a change in medical condition, you should immediately seek medical attention with your Licensed Healthcare Professional or other qualified medical professional.
IMPORTANT: The information and Services provided through the Site are for non-urgent purposes only. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 AND/OR GO TO THE NEAREST HOSPITAL, AS APPROPRIATE. Do not attempt to access emergency care through the Site. Do not ignore or delay in obtaining professional medical advice or care because of information obtained on this Site.
2. Modification of Terms, Services, Price.
PERFORMANCE PLACE® SPORTS CARE reserves the right to modify, change, add or remove any part of this Agreement, or any part of the PERFORMANCE PLACE® SPORTS CARE Services and features, including price, at any time. If it does so, PERFORMANCE PLACE® SPORTS CARE will post such changes on the Site. Please review this Agreement from time to time so you will be apprised of any changes. If changes are significant and if you have an account, we will also notify you of such changes either (i) via your contact information; or (ii) by requiring that you agree to the revised Terms the next time you log into your account.
IMPORTANT: If you choose to accept this Agreement, you must do so as it is presented to you – no changes (additions or deletions) will be accepted by PERFORMANCE PLACE® SPORTS CARE. If any future changes are unacceptable to you, you should discontinue using P2SPORTSCARE.COM. Your continued use of the Site following the posting of any such changes to this Agreement, the Services, or prices, will indicate your acceptance of the same, as changed by us. The changes will apply to your use of the Site and Services on and after the date on which we post the revised Terms, Services, or prices (the effective date and updated date appear at the top of these Terms).
3. Defined Terms.
The following are defined terms as used herein:
A. “Services” include access to the Site and P2SPORTSCARE.COM Content by End Users for the purpose of guidance and clarification for rehabilitative prescriptions. The term “Services” also includes the “Fee-Based Service” used by Licensed Healthcare Professionals.
B. “Fee-Based Service” refers to the subscription service for which Licensed Healthcare Professionals pay us a fee to access the Site and P2SPORTSCARE.COM Content and make the Site and P2SPORTSCARE.COM Content available to their patients and clients, as End Users.
C. “Printed Materials” includes and is not limited to Licensed Healthcare Professional exercise prescription handouts and copies of exercise lists provided to Licensed Healthcare Professionals.
D. “PERFORMANCE PLACE® SPORTS CARE Content” or “P2SPORTSCARE.COM Content” includes and is not limited to information, programming code, software, photos, video, audiovisual clips, digital downloads, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials in all forms, media, and technologies, existing now or in the future, which PERFORMANCE PLACE® SPORTS CARE Content is protected by copyrights, trademark rights, and/or other proprietary rights.
F. “End User” includes all patients and/or clients under the direct supervision of a Licensed Healthcare Professional and who are directed to the Services by a Licensed Healthcare Professional licensed physician, chiropractor, physical therapist, certified athletic trainer, health care provider or other subscribing individual, group, company or entity.
G. “ Licensed Healthcare Professional” or “Subscriber” includes a subscribing licensed physician, chiropractor, physical therapist, certified athletic trainer, health care provider, massage therapist, coach, or other subscribing individual, group, company or entity and their employees, agents, officers, directors, stockholders, members, and representatives.
H. “User” and “You(r)” (whether or not capitalized) includes (i) a Subscriber; AND (ii) all End Users (i.e., patients and/or clients) under the direct supervision of a Subscriber; AND (iii) a user who merely accesses and browses the Site.
I. Other capitalized terms that appear in these Terms shall have the meaning given to them in these Terms.
The Site is controlled and operated from the United States and is not intended to (and shall not be deemed to) subject PERFORMANCE PLACE® SPORTS CARE to non-U.S. jurisdiction or laws. We make no representation that the Site or Services are appropriate for use in locations outside the United States. Use of the Site is unauthorized in any jurisdiction that does not give effect to all of the provisions of these Terms. If you access the Site, you agree to comply with all applicable laws, rules, and regulations in connection with your use of the Site. We may limit the Site’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.
5. Governing Law and Disputes.
This Agreement, and any disputes that may arise between you and us regarding the Site, Services, and/or PERFORMANCE PLACE® SPORTS CARE Content, shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of Oregon, U.S.A., without giving effect to its conflicts of laws provisions or principles. You hereby consent to the exclusive jurisdiction and venue of the federal, state, and local courts located in Orange County, California, and you waive any jurisdictional, venue, or inconvenient forum objections thereto. You agree (i) that any dispute arising between you and us under these Terms or related to your use of the Site, Services, and/or PERFORMANCE PLACE® SPORTS CARE Content will be conducted only on an individual basis and not in a class, consolidated, or representative action; (ii) to waive your right to a jury trial in connection with any action or litigation arising out of or related to these Terms or your use of the Site, Services, and/or PERFORMANCE PLACE® SPORTS CARE Content; and (iii) that, regardless of any statute or law to the contrary, you must file any claim or cause of action against us arising out of or relating to these Terms or your use of the Site, Services, and/or PERFORMANCE PLACE® SPORTS CARE Content within one (1) year after such claim or cause of action arose, or forever be barred.
To the extent you have in any manner violated or threatened to violate our intellectual property rights; disclosed or threatened to disclose any of our confidential or proprietary information; violated or threatened to violate the security of any person, data, our servers or networks, and/or the Site; and/or otherwise breached or threatened to breach these Terms, you acknowledge and agree that such violation or breach will cause immediate and irreparable harm to us, and we shall be entitled to injunctive or other appropriate relief, including without limitation specific performance (without the posting of a bond or other security and without proving damages), and you agree that we may seek such relief in any court of competent jurisdiction.
6. User Permissions and Obligations.
Subject to the terms of this Agreement, PERFORMANCE PLACE® SPORTS CARE grants User a nonexclusive, nontransferable, nonassignable, nonsublicensable, revocable, and limited license to access and use the Site, Services, and P2SPORTSCARE.COM Content solely for personal purposes (for End Users and Users who merely access and browse the Site) and solely for internal business purposes or for the benefit of End Users (for Subscribers), provided User unconditionally agrees to access and use the Site, Services, and P2SPORTSCARE.COM Content in accordance with this Agreement and provided that User does not delete or modify any copyright or other proprietary notices from the licensed P2SPORTSCARE.COM Content (“License”). Under the License, User may print out, or otherwise make, printed copies (“Copies”) of the exercise print pages, and other information or materials generated from User’s access and use of the P2SPORTSCARE.COM Content and Services solely for personal or internal business purposes or for the benefit of End Users, as authorized above. Any updates, modifications, enhancements or new versions of the P2SPORTSCARE.COM Content and Services provided or made available to User by PERFORMANCE PLACE® SPORTS CARE in accordance with this Agreement, shall be considered P2SPORTSCARE.COM Content and Services subject to this Agreement.
PERFORMANCE PLACE® SPORTS CARE may at any time and for any reason elect to modify, discontinue, delete or restrict any aspect or feature of the P2SPORTSCARE.COM Content and Services without notice to User or any liability to PERFORMANCE PLACE® SPORTS CARE; however, PERFORMANCE PLACE® SPORTS CARE agrees to make commercially reasonable efforts to provide User with prior notice of any such changes.
You may not use, or permit others to use, the P2SPORTSCARE.COM Content except under the terms expressly listed above. Without limiting the previous sentence, you shall not, and shall not permit anyone else to: (a) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the P2SPORTSCARE.COM Content, the Service, or the Site; (b) copy the PERFORMANCE PLACE® SPORTS CARE Content (except as permitted above); (c) rent, lease, sell, offer to sell, distribute, or otherwise transfer rights to the PERFORMANCE PLACE® SPORTS CARE Content; (d) develop, sell or distribute applications that integrate with the PERFORMANCE PLACE® SPORTS CARE Content or otherwise make use of the data; or (e) remove any proprietary notices or labels on or relating to the PERFORMANCE PLACE® SPORTS CARE Content. In addition, you must satisfy and you are solely responsible for all computer and device requirements, software requirements, and third-party services (such as Internet services) necessary to use the Site, including all related expenses. We reserve the right to change those requirements, and the method by which you may obtain the PERFORMANCE PLACE® SPORTS CARE Content, from time to time.
7. Intellectual Property Ownership.
All PERFORMANCE PLACE® SPORTS CARE Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and PERFORMANCE PLACE® SPORTS CARE or its licensors or suppliers owns all rights, titles, and interests (including all copyrights and other intellectual property rights) in and to all PERFORMANCE PLACE® SPORTS CARE Content (with the exception of User Content) and in and to the selection, coordination, arrangement, presentation, and enhancement of such PERFORMANCE PLACE® SPORTS CARE Content and the overall design, “look and feel,” color combinations, and other graphical elements of the Site. All trademarks, service marks, and names appearing in the Printed Materials and on P2SPORTSCARE.COM are trademarks and service marks of PERFORMANCE PLACE® SPORTS CARE, and we own all right, title, and interest in and to these marks. Your use of our marks without our prior written permission is strictly prohibited. Without limiting the generality of the foregoing sentence, you may not use our trademarks or service marks in any meta-tags or other hidden text. Product, service, and company names that appear on the Site or in Printed Materials that are not owned by us are subject to trademark or other rights of other parties. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the PERFORMANCE PLACE® SPORTS CARE Content, in whole or in part. When PERFORMANCE PLACE® SPORTS CARE Content is received by you in printed form or downloaded to your computer, you do not obtain any ownership interest in such PERFORMANCE PLACE® SPORTS CARE Content.
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND, AT OUR OPTION, DEFEND US AND OUR AFFILIATES, SUCCESSORS, AND ASSIGNS, AND OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, STOCKHOLDERS, MEMBERS, AGENTS AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, LIABILITY, DAMAGES LOSSES, JUDGMENTS, DEMANDS, AND COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES AND EXPENSES) ARISING FROM, OR IN ANY WAY CONNECTED TO, (I) YOUR USE OF OR ACTIVITIES IN CONNECTION WITH P2SPORTSCARE.COM, PERFORMANCE PLACE® SPORTS CARE CONTENT, OR OUR SERVICES (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED SERVICES); (II) ACTIVITY THAT OCCURS THROUGH OR BY USE OF YOUR ACCOUNT BY YOU OR A THIRD PARTY, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH USE; (III) END USER INTERACTIONS, DISPUTES, AND OTHER RELATIONS WITH LICENSED HEALTHCARE PROFESSIONALS; (IV) YOUR VIOLATION OF THIS AGREEMENT OR ANY LAW, RULE, OR REGULATION; (V) YOUR SUGGESTIONS OR USER CONTENT (DISCUSSED BELOW); OR (VI) YOUR INFRINGEMENT, MISAPPROPRIATION, OR OTHER VIOLATION OF ANY THIRD PARTY RIGHTS.
PERFORMANCE PLACE® SPORTS CARE MAKES NO WARRANTIES OR GUARANTEES THAT THE INFORMATION CONTAINED ON THE SITE (INCLUDING THE PERFORMANCE PLACE® SPORTS CARE CONTENT) IS ACCURATE, TIMELY, OR COMPLETE, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. SUCH INFORMATION IS NOT INTENDED IN ANY WAY TO BE USED AS MEDICAL ADVICE OR TO REPLACE MEDICAL ADVICE OFFERED BY LICENSED HEALTHCARE PROFESSIONALS FAMILIAR WITH END USERS’ CONDITION. THIS INFORMATION IS TO BE USED SOLELY IN CONJUNCTION WITH MEDICAL ADVICE OFFERED BY A LICENSED HEALTHCARE PROFESSIONAL’S PHYSICAL REHABILITATION OR OTHER MEDICAL RECOMMENDATIONS. PERFORMANCE PLACE® SPORTS CARE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, MULTIPLIED, OR OTHER DAMAGES ARISING THEREFROM. THE METHODS OF TREATMENT MAY CHANGE AS NEW INFORMATION IS AVAILABLE, AND THE INFORMATION PROVIDED BY PERFORMANCE PLACE® SPORTS CARE DOES NOT NECESSARILY REPRESENT THE MOST CURRENT PRACTICES OR METHODS IN PHYSICAL REHABILITATION.
PERFORMANCE PLACE® SPORTS CARE HEREBY DISCLAIMS ALL WARRANTIES. PERFORMANCE PLACE® SPORTS CARE IS MAKING THE SITE AND P2SPORTSCARE.COM CONTENT AVAILABLE “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, PERFORMANCE PLACE® SPORTS CARE CONTENT, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERFORMANCE PLACE® SPORTS CARE EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE SITE, SERVICES, AND PERFORMANCE PLACE® SPORTS CARE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SUITABILITY, TIMELINESS, RELIABILITY, ACCURACY, SECURITY, AND/OR NON-INFRINGEMENT AND/OR TITLE. PERFORMANCE PLACE® SPORTS CARE DOES NOT WARRANT THAT P2SPORTSCARE.COM CONTENT, THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF P2SPORTSCARE.COM CONTENT, THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE SITE.
WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SITE, OR THE INTERCEPTION OR LOSS OF ANY DATA OR COMMUNICATIONS TRANSMITTED TO OR FROM THE SITE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, OR INFORMATION OF THIRD PARTIES (INCLUDING WITHOUT LIMITATION LICENSED HEALTHCARE PROFESSIONALS), AND YOU EXPRESSLY RELEASE US AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS, DAMAGES, LIABILITIES, LOSSES, JUDGMENTS, DEMANDS, AND COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST SUCH THIRD PARTIES OR OTHERWISE. IN ENTERING INTO THIS RELEASE, YOU EXPRESSLY WAIVE ANY STATUTORY OR OTHER PROTECTIONS THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS THAT YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THE RELEASE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
10. Limitation of Liability.
You expressly understand and agree that, to the maximum extent permitted by applicable law, PERFORMANCE PLACE® SPORTS CARE shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, punitive, multiplied, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from, (a) the use or the inability to use the Site or Services (including, without limitation, the Fee-Based Services); (b) the use of any PERFORMANCE PLACE® SPORTS CARE Content, Printed Materials, or other materials on this Site or any websites linked to this Site, (c) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this Site (including, without limitation, the Fee-Based Services); (d) unauthorized access to or alteration of your transmissions or data; (e) statements or conduct of any third party on our Site; or (f) any other matter relating to this Site, the Services, or PERFORMANCE PLACE® SPORTS CARE Content. If you are dissatisfied with any portion of our Site, or with any provision of this Agreement, your sole and exclusive remedy is the discontinuation of your use of PERFORMANCE PLACE® SPORTS CARE Content, this Site, and the Services.
THE DISCLAIMERS AND LIMITATIONS OF LIABILITY CONTAINED IN THESE TERMS ARE A MATERIAL PART OF OUR AGREEMENT. APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN TYPES OF DAMAGES. SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. HOWEVER, IN ALL CIRCUMSTANCES, OUR MAXIMUM AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES, AND CLAIMS, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE SHALL BE THE GREATER OF (I) THE TOTAL AMOUNT PAID BY YOU TO US TO USE THE SITE IN THE THREE (3) MONTHS PRECEDING THE INCIDENT THAT GAVE RISE TO YOUR CLAIM; OR (II) USD 50.00. NOTWITHSTANDING THE FOREGOING SENTENCE, IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.
NO STATEMENTS, ORAL OR WRITTEN, MADE BY ANY DIRECTOR, OFFICER, MEMBER, EMPLOYEE, OR AGENT OF PERFORMANCE PLACE® SPORTS CARE MAY BE DEEMED AS A REPRESENTATION OR WARRANTY ON BEHALF OF US IN CONTRADICTION TO THIS SECTION 10, OR ANY OTHER PROVISIONS OF THESE TERMS.
11. Registered Users.
In order for User to access and use the PERFORMANCE PLACE® SPORTS CARE Content and Services, User shall register with PERFORMANCE PLACE® SPORTS CARE; provide PERFORMANCE PLACE® SPORTS CARE with a name, email address, birth date, and any other information requested at the registration page; pay the subscription fee (“Fee”) (except that End Users and Users who merely access and browse the Site do not pay any fee); and obtain a unique password for accessing the Site, including the PERFORMANCE PLACE® SPORTS CARE Content and Services (“Password”). User agrees to provide current, complete, and accurate information when registering for an account on the Site. User is responsible for maintaining the confidentiality of User’s Password. User is responsible and wholly liable for all acts or omissions committed under User’s Password (and Subscribers are responsible and liable for all acts or omissions committed under any and all Passwords issued by such Subscribers to End Users). Users agree to immediately notify us of any known or suspected unauthorized use of their Passwords or accounts (or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Passwords). PERFORMANCE PLACE® SPORTS CARE will not be held responsible or liable for any losses or liabilities a User may incur as a result of someone else using such User’s Password, either with or without such User’s knowledge.
12. Eligible Subscribers and End Users.
By using the Site, you affirm (i) that you are at least eighteen (18) years of age or that you are between the ages of thirteen (13) and seventeen (17) and possess legal parental or guardian consent to use the Site, Services, and PERFORMANCE PLACE® SPORTS CARE Content; and (ii) that you have authority to agree to these Terms and are competent and capable of understanding and complying with these Terms. The Site is not directed to children under the age of thirteen (13), and PERFORMANCE PLACE® SPORTS CARE does not knowingly collect personally-identifiable information of anyone under age 13 through the Site. Please see additional information in our Privacy Notice discussed below. Minors between the ages of 13 and 17 may use the Site, Services, and PERFORMANCE PLACE® SPORTS CARE Content only if their parent or legal guardian assumes the responsibilities of this Agreement and thereby assumes full responsibility for the minor’s use of the same.
For information on how we use and protect the personal information and anonymous information collected through your use of the Site, view our Privacy Notice here. This Privacy Notice is incorporated into and made a part of these Terms by this reference, and your use of the Site constitutes your acknowledgment of and agreement to our Privacy Notice.
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying some current providers of such protections is available at: http://kids.getnetwise.org and http://onguardonline.gov. We do not endorse any of the products or services listed at these sites. Further, this notice shall not constitute an admission by us that any content on our Site is harmful to minors.
While we try to maintain the security of the Site, we do not guarantee that the Site will be secure. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third-party alterations to or use of the Site or any other breach of security, please contact us immediately. Additional information regarding the security of your information is included in our Privacy Notice, located here.
16. Hardware and Service Requirements.
User is solely responsible for acquiring, servicing, maintaining, and updating all equipment, computers, software and communications services (such as long distance phone or DSL charges) not owned or operated by or on behalf of PERFORMANCE PLACE® SPORTS CARE, that allow User to access and use the PERFORMANCE PLACE® SPORTS CARE Content and Services, and for all expenses relating thereto (plus any applicable taxes). User agrees to access and use the PERFORMANCE PLACE® SPORTS CARE Content and Services in accordance with any and all operating instructions or procedures that may be issued by PERFORMANCE PLACE® SPORTS CARE, and amended by PERFORMANCE PLACE® SPORTS CARE from time to time. The Site and Services may not work with browsers other than Google Chrome Internet Explorer 7.0 or higher, FireFox 3.6.11 or higher, or Safari 2 for Apple Macintosh OS.
17. Desktop Program Minimum System Requirements
These are the minimum system requirements for use of the Site and Services:
– Windows Vista Home, Business, or Ultimate: Pentium III 800 MHz or faster
– Windows XP SP2: Pentium III 500 MHz or faster
– 512 MB RAM – SVGA (1024×786) or higher resolution video adapter and display
– Ethernet or wireless network device
– Internet connection required for some features
– Macintosh computer with PowerPC G3 processor or faster, or Intel-based Macintosh computer
– 512 MB RAM
– Mac OS X version 10.4.8
– Ethernet or wireless network device
– Internet connection required for some features
User understands and agrees that the operation and availability of the systems used for accessing and interacting with the Site, PERFORMANCE PLACE® SPORTS CARE Content, and Services, including, the public telephone, computer networks and the Internet or to transmit information, whether or not supplied by User or PERFORMANCE PLACE® SPORTS CARE, can be unpredictable and may, from time to time, interfere with or prevent the access to and/or the use or operation of the Site, PERFORMANCE PLACE® SPORTS CARE Content, and Services. PERFORMANCE PLACE® SPORTS CARE is not in any way responsible for any such interference with or prevention of User’s access and/or use of the PERFORMANCE PLACE® SPORTS CARE Content and Services.
19. Content You Submit Using the Site.
a.Ownership of and Right to Use User Content. If you choose to post any information, content, or comments (collectively, “User Content”) to our blog or any other portion of the Site where it is readily apparent that the User Content will be publicly available, you consent to our posting and collection of such User Content, and you grant us permission to use (and to allow third parties to use) such User Content in connection with the operation of the Site and our business generally, including without limitation, for our advertising and marketing purposes. You grant us the unrestricted, perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free, and fully-paid up non-exclusive right and license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, and create derivative works based on your User Content; and to publish your name and city of residence in connection with your submitted User Content (though we are under no obligation to use your name or city of residence or to give you any attribution or credit for such User Content). You acknowledge and agree that we may use your User Content in any media, now known or hereafter developed. You will not be paid for our use of your User Content. We are under no obligation to post or use any User Content you provide, and we may remove any User Content at any time in our discretion. We do not claim ownership of your User Content, unless otherwise expressly provided on the Site. You acknowledge and agree that we may have something similar already under consideration or development, and we will own all right, title, and interest in and to what we create or develop without use of your User Content.
YOU ACKNOWLEDGE AND AGREE THAT WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY USE OR MISUSE OF YOUR USER CONTENT BY ANY OTHER SITE USER.
b. Conduct Relating to Your User Content. If you post User Content to our blog or other areas of the Site where it is readily apparent that the User Content will be publicly available:
- You are solely responsible for the User Content you post. Upon your request, we may, but have no obligation to, remove User Content that you post, but copies of User Content that you posted may remain in our storage media. We retain the right to make archival and back-up copies of and to store User Content you post (and drafts of User Content that you never actually post), indefinitely. You agree, however, that we have no responsibility or liability for the deletion of or failure to store or transmit this User Content.
- You must not post User Content for unlawful purposes or to promote illegal activities.
- You may not post User Content using any automated means. You must not create multiple accounts for yourself with the intent of exploiting our Site.
- We may, but are not obligated to, prescreen and/or monitor the User Content posted to the Site. We reserve the right, however, to decide what to post and whether to remove any posts, without notice or liability to the User who posted the User Content or any other User.
- By posting, you represent and warrant that you have the right to share your User Content, and that our use of the User Content as allowed in these Terms and inclusion of the User Content on the Site, does not and will not infringe, misappropriate, or otherwise violate any third-party copyright, trademark, patent, trade secret, and any other proprietary right, privacy right, right of publicity, or other third-party right. You shall be solely responsible and liable for any damages or harm resulting from your posting of User Content to the Site, and you agree to indemnify us according to Section 8 above.
- User Content may be offensive, harmful, inaccurate, deceptive, or otherwise inappropriate. The views and opinions expressed by Users on the Site are not necessarily our views. We are not responsible for, we make no representations or warranties regarding, and we disclaim any and all responsibility and liability for the User Content. You acknowledge and agree that your reliance on User Content will be at your own risk.
- In the event that we refuse to post your User Content or remove your User Content for any reason, we reserve the right to disclose such User Content as necessary to satisfy any applicable law, regulation, or governmental request.
- Because blogs are informal in nature, we may not identify our trademarks as such in all posts and comments; however, we continue to reserve all rights, titles, and interests in such trademarks, regardless of how they are used on the Site.
20. Copyright Infringement Complaints.
We respect the intellectual property of others, and we ask our Users to do the same. We have adopted this Copyright Infringement Complaints policy in accordance with the Digital Millennium Copyright Act of 1998, including the Online Copyright Infringement Liability Limitation Act (the “DMCA”). We will respond to clear notices of alleged copyright infringement that substantially comply with the requirements set forth here. We do not act as an arbiter or judge of disputes about intellectual property rights. It is our policy to remove content posted by users on our Site (including our blog), which content we believe in good faith is infringing a copyrighted work. By removing content, as a prudential matter, we do not endorse or validate a claim of infringement. If we remove content from the Site, we will make a good-faith attempt to contact the party responsible for posting the content so the owner may make a counter notice as provided for below.
a. Designated Agent. Our designated agent for handling infringement notices and counter-notices: PERFORMANCE PLACE® SPORTS CARE, Inc., Attn: Sebastian Gonzales, 17931 Beach Blvd #100, Huntington Beach CA, 92648; info@P2SPORTSCARE.COM.
b. Infringement Notices. If you believe your work has been displayed or otherwise used on the Site in a manner that infringes your copyright, you must provide written notice to our Designated Agent via mail and/or e-mail. Please note that you may be liable for damages, including without limitation attorneys’ fees and costs, if you materially misrepresent that your work has been infringed by content on the Site. If you are unsure whether your work has been infringed, we recommend that you contact an attorney before sending notice to us.
Use this format for your notice: (a) Identify your work that you believe has been infringed by content on the Site; (b) identify all content that you claim infringes your work, describe how the content infringes your work, and describe where the content is located on the Site; (c) provide your full name, mailing address, telephone number, and e-mail address, if any; (d) include a statement that, under the penalty of perjury, you have a good-faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law; (e) include a statement that the information in the notice is accurate, and, under penalty of perjury, that you are the copyright owner or that you are authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) sign the notice physically or electronically.
In addition, it would help if you included a copy of the copyright Certificate of Registration for your work, if any, or other information that supports your claim that your work is protected by copyright and that you are the owner of that copyright or are authorized to act on behalf of the owner. If your notice contains the required information, and if we have a good-faith belief that the content is infringing your copyright, we will remove the content.
c. Counter Notices. The provider of affected content may make a counter notice by writing to our Designated Agent via mail and/or e-mail. Please note that you may be liable for damages, including without limitation attorneys’ fees and costs, if you materially misrepresent that your content is not infringing the copyright of a third party. If you are unsure whether your content infringes the copyright of a third party, we recommend that you contact an attorney before sending notice to us.
Use this format for your notice: (a) Identify the content that has been removed, including a description of where the content was located on the Site before it was removed; (b) provide your full name, mailing address, telephone number, and e-mail address, if any; (c) include a statement that, under the penalty of perjury, you have a good-faith belief that the content was removed as a result of mistake or misidentification of the content to be removed; (d) include a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or, if your address is outside the United States, in the Federal District Court of Oregon, and that you will accept service of process from the person who provided notice of the alleged infringement or an agent of such person; and (e) sign the notice physically or electronically.
After reviewing your counter notice, we may determine that the content is not infringing and may reinstate the content on the Site.
d. Repeat Infringers. We will, if appropriate, suspend or terminate repeat infringers’ access to the Site. If you believe a Site User is a repeat infringer, please follow the instructions above to contact our Designated Agent so we can verify that the User is a repeat infringer.
21. Prohibited Uses.
PERFORMANCE PLACE® SPORTS CARE imposes certain restrictions on your permissible use of P2SPORTSCARE.COM. You are prohibited from violating or attempting to violate or defeat any security features of P2SPORTSCARE.COM, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (c) interfering or attempting to interfere with the Site’s resources or availability to any user, host, or network, including, without limitation, by means of submitting a virus to P2SPORTSCARE.COM, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using P2SPORTSCARE.COM to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) creating a database, product, or service by downloading, copying, aggregating, saving, and/or distributing the Site’s content and/or User personal information; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using P2SPORTSCARE.COM; (g) deleting or revising any content or attempting to modify, adapt, translate, create other derivative works of the Site or its content; (h) attempting to reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the source code used by PERFORMANCE PLACE® SPORTS CARE in providing P2SPORTSCARE.COM; (i) downloading, copying, displaying, transferring, or using any information or content from the Site for any purpose other than as expressly authorized in these Terms; (j) using the Site to design, develop, operate, support, market, distribute, or otherwise make available any program, application, or service that enables or provides access to, use of, operation of, or interoperation with the Site; or (k) using the Site or its content in any manner that may violate any local, state, national, or international law, or in any fraudulent manner. Any violation of system or network security or any other provision of these Terms may subject you to civil and/or criminal liability.
22. Force Majeure.
PERFORMANCE PLACE® SPORTS CARE shall not be liable for delay or failure in performance of any of the acts required by this Agreement when such delay or failure arises from circumstances beyond the reasonable control and without the gross negligence or willful misconduct of PERFORMANCE PLACE® SPORTS CARE. Such causes may include, without limitation, acts of God, acts of government in its sovereign or contractual capacity, acts of public enemy, acts of civil or military authority, war, riots, civil strife, terrorism, blockades, sabotage, rationing, embargoes, epidemics, earthquakes, fire, flood, quarantine restrictions, power shortages or failures, utility or communication failure or delays, labor disputes, strikes, or shortages, supply shortages, equipment failures, or PERFORMANCE PLACE® SPORTS CARE Content malfunctions. The time for performance of any act delayed by such events may be postponed for a period equal to the period of the delay.
23. Subscription Fees and Service Commitment.
Subscribers agree to pay the required subscription fee in advance. Your subscription fee will cover Subscriber’s and its’ End Users’ access to the Site, Services, and PERFORMANCE PLACE® SPORTS CARE Content. You have a choice of subscription payment options that may change over time. PERFORMANCE PLACE® SPORTS CARE reserves the right to discontinue any subscription payment option at any time without notice. You may switch payment options at the end of each period. If for any reason you need to reactivate your subscription, you may be charged a reactivation fee. If you are signing up for the PERFORMANCE PLACE® SPORTS CARE Service under a promotional subscription fee, some additional restrictions may apply. If you have multiple PERFORMANCE PLACE® SPORTS CARE Service subscriptions under the same account information, your pricing may be different than if you only had one subscription. No invoice or receipt will be provided to You for payment; rather, we will automatically charge you until you notify us that you want to terminate your subscription. If You do not notify PERFORMANCE PLACE® SPORTS CARE of any discrepancies within thirty (30) days after you are charged, You will be considered to have accepted the amounts charged. You release PERFORMANCE PLACE® SPORTS CARE from any and all liability and claims resulting from any error or discrepancy that is not reported to PERFORMANCE PLACE® SPORTS CARE within that thirty (30) day notice period.
24. Annual and Pre-paid Subscriptions.
If you have purchased a pre-paid subscription with a fixed term, you will receive the Service for the duration of your subscription term without further charges from PERFORMANCE PLACE® SPORTS CARE. At the end of your subscription term, your subscription will automatically renew as a monthly billing subscription. Pricing will be subject to the rates in effect at that time for equivalent service. If you have accepted a trial offer for a specific number of days, once the trial period expires, you will incur the monthly charge unless you notify us that you want to discontinue use of the Service. If you terminate your subscription before the end of the fixed term by notifying us or if PERFORMANCE PLACE® SPORTS CARE terminates your subscription for cause as allowed under this Agreement, and you have paid PERFORMANCE PLACE® SPORTS CARE in advance for subscription Services, the amount you have paid for your subscription will not be refunded in whole or in part. In order to terminate your Subscription, you must notify us. We will not know if you simply stop using the Service. All fees and charges are stated and payable in U.S. Dollars.
25. Monthly Billing Subscriptions.
If you have subscribed to the Service on a monthly basis, you agree to pay to PERFORMANCE PLACE® SPORTS CARE a monthly fee (the “Monthly Fee”) in advance, billed monthly, to receive the Service. You authorize PERFORMANCE PLACE® SPORTS CARE to charge your account immediately upon activation of your subscription and monthly thereafter. For billing purposes, the month will begin on the date you become a Subscriber, which may not be the first calendar day of the month. Subscribers who join on the 28th, 29th, 30th or 31st day of any month shall be billed on the last day of any month not containing 29, 30 or 31 days. PERFORMANCE PLACE® SPORTS CARE will have the right to increase the Monthly Fee from time to time upon email notification to you at least one month before the effective date of the increase. If you do not cancel your subscription before the end of the notice period, you will be deemed to have agreed to such increase. PERFORMANCE PLACE® SPORTS CARE may change its monthly billing cycle from time to time. If you have accepted a trial offer for a specific number of days, upon expiration of the trial period, you will incur PERFORMANCE PLACE® SPORTS CARE standard monthly charges until you notify us that you want to terminate your subscription. If you terminate your use of the Service within the trial period, PERFORMANCE PLACE® SPORTS CARE will not charge you for subsequent months. All fees and charges are stated and payable in U.S. Dollars.
26. Payment Authorization.
If you choose a subscription option with recurring payments (including any pre-paid subscription option which reverts to a monthly payment plan at the expiration of the pre-paid period), you agree that PERFORMANCE PLACE® SPORTS CARE may automatically charge the subscription fee to your credit or charge card at the beginning of each period. Your PERFORMANCE PLACE® SPORTS CARE Service access will not be established until PERFORMANCE PLACE® SPORTS CARE has verified that the credit card information you provide us for payment is accurate and that your credit card account is in good standing. PERFORMANCE PLACE® SPORTS CARE may, at its discretion, change the PERFORMANCE PLACE® SPORTS CARE Service fees, and any other fee, from time to time. PERFORMANCE PLACE® SPORTS CARE will notify you 30 days in advance of any fee changes or new fees applicable to your PERFORMANCE PLACE® SPORTS CARE Service subscription; you may obtain information about the fees currently in effect at any time by contacting PERFORMANCE PLACE® SPORTS CARE Customer Support at info@P2SPORTSCARE.COM. PERFORMANCE PLACE® SPORTS CARE reserves the right to suspend or terminate your PERFORMANCE PLACE® SPORTS CARE Service without notice upon rejection of any credit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to PERFORMANCE PLACE® SPORTS CARE when PERFORMANCE PLACE® SPORTS CARE believes you are liable for the charges. You agree to pay a late charge on all amounts due which remain unpaid for 30 days or more past their due date. The late charge will equal 1.5% of the past due amount, or the highest rate allowed by law, whichever is less, per month until paid. Such rights are in addition to and not in lieu of any other legal right or remedies available to PERFORMANCE PLACE® SPORTS CARE. PERFORMANCE PLACE® SPORTS CARE reserves the right to refer your account to a third party for collection in the event of an ongoing default. PERFORMANCE PLACE® SPORTS CARE is entitled to recover from you any sums expended in connection with the collection of undisputed sums not paid when due, including reasonable attorneys’ fees.
27. Audit Rights and Enforcement.
We have the right, but not the obligation, at any time, to audit your use of the Site to determine your compliance with these Terms. We have the right to enforce these Terms, for any reason and in any manner or by any means that we deem necessary or appropriate, such as (but not limited to) the deletion of MyRehabExercise Content, the suspension or termination of User accounts, and/or cooperating with any legal process relating to your use of the Site.
28. Termination of Service.
Subject to any Service commitment to which you may be bound, you may terminate your account, this Agreement, and your right to use the PERFORMANCE PLACE® SPORTS CARE Service, at any time and for any reason or no reason, by contacting PERFORMANCE PLACE® SPORTS CARE Customer Support at info@P2SPORTSCARE.COM. The PERFORMANCE PLACE® SPORTS CARE service will be terminated within 24 hours after your call, and unused subscription fees are nonrefundable.
Notwithstanding anything to the contrary in this Agreement, PERFORMANCE PLACE® SPORTS CARE retains the absolute right to immediately suspend or terminate your account, and terminate this Agreement, if the charges to your credit card for the fees described in the “Subscription Fees and Service Commitment” and “Payment Authorization” sections are refused for any reason, if you breach any provision in this Agreement, if you misuse the PERFORMANCE PLACE® SPORTS CARE Service, and/or if you use the PERFORMANCE PLACE® SPORTS CARE Service or PERFORMANCE PLACE® SPORTS CARE Content in such a manner as to infringe upon the intellectual property rights of PERFORMANCE PLACE® SPORTS CARE or any third party. In addition, PERFORMANCE PLACE® SPORTS CARE reserves the right to terminate your account, to suspend or discontinue offering the Site, and to terminate this Agreement for any other reason or no reason if PERFORMANCE PLACE® SPORTS CARE gives you at least 30 days advance notice of such termination. Upon any such termination of your account, you will remain obligated to pay all outstanding fees and charges relating to your use of the PERFORMANCE PLACE® SPORTS CARE service before termination. Upon any termination of your account, the Site, and/or this Agreement, we shall not be responsible or liable to you for any such termination, including the termination of your access to your account and the information associated with your account. Unless required by law, we shall not be required to make your information or files available to you after such termination. These Terms will continue to apply to all past use of the Site, Service, and Solution Sports and Spine Content.
29. Shopping through PERFORMANCE PLACE® SPORTS CARE.
When you purchase a product from a third party merchant, you are buying directly from that merchant and not from PERFORMANCE PLACE® SPORTS CARE. PERFORMANCE PLACE® SPORTS CARE is not responsible for the actions or omissions of a merchant, any advertising claims made by the merchant, or any damage or harm that may result from your use of products purchased from the merchant. All aspects of your purchase, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance, service, and delivery, are solely between you and the merchant. Your rights and remedies with respect to a particular purchase will be solely against the merchant, and any questions, complaints, and claims related to a product should be directed to that merchant. If you have any concerns about sending credit card information over the Internet, please use an alternative means of payment. By sending any sensitive information, such as credit card information, over the Internet while you are shopping with the third party, you agree that PERFORMANCE PLACE® SPORTS CARE will not have any liability if the encryption technology or other security measures fail to protect your information.
30. Linked Sites.
31. Submission of Ideas.
PERFORMANCE PLACE® SPORTS CARE is always improving its Services and developing new features. If you have ideas regarding improvements or additions to PERFORMANCE PLACE® SPORTS CARE, we would like to hear them — but any submission will be subject to these Terms. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO PERFORMANCE PLACE® SPORTS CARE BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO PERFORMANCE PLACE® SPORTS CARE, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO PERFORMANCE PLACE® SPORTS CARE THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT PERFORMANCE PLACE® SPORTS CARE IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY PERFORMANCE PLACE® SPORTS CARE, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY. YOU EXPRESSLY ACKNOWLEDGE THAT PERFORMANCE PLACE® SPORTS CARE IS ENTITLED, BUT NOT OBLIGATED, TO USE OR DISCLOSE SUCH IDEAS OR RELATED MATERIALS FOR ANY PURPOSE, IN ANY MANNER, AND IN ANY MEDIA, NOW KNOWN OR HEREAFTER DEVELOPED; AND YOU HEREBY ASSIGN ALL RIGHT, TITLE, AND INTEREST IN AND TO YOUR IDEAS AND RELATED MATERIAL (AND ALL INTELLECTUAL PROPERTY RIGHTS THEREIN) TO PERFORMANCE PLACE® SPORTS CARE; AND YOU ARE NOT ENTITLED TO COMPENSATION OF ANY KIND FOR YOUR IDEAS OR RELATED MATERIALS.
32. Customer Service Support and Training.
Unless User and PERFORMANCE PLACE® SPORTS CARE enter into a separate written agreement, PERFORMANCE PLACE® SPORTS CARE will not provide any training or on-site support to User relating to the PERFORMANCE PLACE® SPORTS CARE Content and Services. PERFORMANCE PLACE® SPORTS CARE will provide User with (a) commercially reasonable telephone and email support for the PERFORMANCE PLACE® SPORTS CARE Content and Services during normal business hours; and (b) updates and enhancements for the PERFORMANCE PLACE® SPORTS CARE Content and Services, to the extent that PERFORMANCE PLACE® SPORTS CARE generally makes such updates and enhancements available to Users without a separate charge. PERFORMANCE PLACE® SPORTS CARE will provide email only support to Users outside the U.S. and Canada, and all support will be provided in the English. Customer support will address basic issues related to use of the PERFORMANCE PLACE® SPORTS CARE Content (i.e., registration, navigation, and configuration), but will not include issues with respect to a User’s own internet connectivity issues or computer hardware or software issues. PERFORMANCE PLACE® SPORTS CARE may conduct maintenance of the Site, which will normally be performed during non business days. During that scheduled maintenance time, the Service and the PERFORMANCE PLACE® SPORTS CARE Content will not be available for use by Subscribers or their End Users or other Users.
33. Government End Users.
The Site and any associated documentation are “Commercial Items,” as that term is defined in 48 C.F.R. § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as those terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202, as applicable. Consistent with 48 C.F.R. § 12.212 or 48 C.F.R. §§ 227.7202-1, 227.7202-3, and 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are, to the extent applicable, being licensed to U.S. Government end users, if any: (i) Only as Commercial Items; and (ii) with only those rights as are granted to all other users pursuant to these Terms. This clause, consistent with 48 C.F.R. § 12.212 and 48 C.F.R. § 227.7202 is in lieu of, and supersedes, any other Federal Acquisition Regulation, Defense Federal Acquisition Regulation Supplement, or other clause or provision that addresses U.S. Government rights in computer software, technical data, or computer software documentation.
34. Electronic Communications.
When you visit the Site or send us emails, you are communicating with us electronically. You consent to receive communications from us electronically. Unless otherwise set forth in these Terms, notices to you may be made via postings to the Site, by email, or by regular mail, in our discretion, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings, based upon or relating to these Terms and/or your use of the Site, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
35. Severability; Waiver.
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable or invalid, 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 all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of or default under any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
36. General Terms.
These Terms do not create any partnership, joint venture, employer-employee, broker-dealer, agency, or franchise relationship between you and us. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign our rights and delegate our duties under these Terms to any party at any time. Unless otherwise expressly stated herein, these Terms (and the Privacy Notice incorporated herein) constitute the entire agreement between you and PERFORMANCE PLACE® SPORTS CARE relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements. We reserve all rights not expressly granted in these Terms.
37. California Consumer Rights Notice.
Under California Civil Code Section 1789.3, Users who are California residents are entitled to the following consumer rights notice: The provider of this Site and Services is PERFORMANCE PLACE® SPORTS CARE, Inc., located at 17931 Beach Blvd #100, Huntington Beach CA 92647. As of the Last Modified Date of these Terms, no direct charges are imposed upon End Users who are patients or clients of Licensed Healthcare Professionals and who use the Site without subscribing to the Services or upon Users who merely access and browse the Site (Licensed Healthcare Professionals who subscribe to the Services are charged USD 1.00 for the first month of use and USD 19.99 per month thereafter; or Licensed Healthcare Professionals may pay an annual subscription fee of USD 240.00 or a different amount based on a pre-paid period of use, which annual subscription fee or other pre-paid amount may be discounted with prior authorization of PERFORMANCE PLACE® SPORTS CARE; amounts may vary for Licensed Healthcare Professionals with more than one subscription). If you are a California resident, you may report complaints with the Services provided through this Site to or request information regarding the Services from the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. We request that you first report complaints directly to us and try to resolve them with us before contacting the Complaint Assistance Unit.
38. Contact Information.
If you have any questions or concerns regarding this Agreement or the Site, you can contact us at:
Performance Place® Sports Care
17931 Beach Blvd #100
Huntington Beach CA 92647
©2018 Performance Place® Sports Care. All rights reserved.