RenewPT reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, delete, improve or correct any program offers, information, content, materials and descriptions on the Site. The information, content, materials and descriptions on the Site may contain typographical errors or inaccuracies. Any dated information is published strictly as of such date of publication, and RenewPT does not undertake any obligation or responsibility to update or amend any such information. RenewPT may discontinue or change any product or service described in or offered on the Site at any time. RenewPT further reserves the right, in its sole discretion, to suspend, block, deny or otherwise discontinue your access and use of the Site and/or Services at any time, including but not limited to, for scheduled or unscheduled maintenance, upgrades, improvements or corrections. You agree that RenewPT will not be liable to you or to any third party for any such modification, suspension or discontinuance.
INFORMATION REGARDING SERVICES, PROGRAMS AND PRODUCTS
RenewPT offers services, programs and products to:
- persons seeking information and education about health and wellness and RenewPT’s proprietary programs; and,
- to health and wellness practitioners seeking continuing education and training in treatment methodologies from RenewPT.
USER ACCOUNTS AND ELIGIBILITY
In order to access the Site and the Services, you represent and warrant that you are at least eighteen years of age and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to agree to this Agreement, register for the Services under your own name and to use the Services in accordance with this Agreement and abide by the obligations hereunder. RenewPT may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You agree to fully, accurately and truthfully create your account, including but not limited to your name, mailing address, phone number, email and password, which become your account credentials. Your account credentials are personal to you and you are solely responsible for maintaining the confidentiality of such account credentials, and for all activities that occur under such account credentials. You agree to prohibit anyone else from using your account and account credentials and you agree to immediately notify RenewPT of any actual or suspected unauthorized or fraudulent use of your account or account credentials or other security concerns of which you become aware.
To permit you to access the Services on behalf of a minor child of whom you are a parent or legal guardian, you may establish a subaccount under your name. Any such subaccount is subject to this Agreement.
In order to determine your compliance with this Agreement, we reserve the right, but not the obligation, to monitor your access to and the use of the Site and the Services. RenewPT may, in its sole discretion, refuse to provide access to or use of the Site or the Services if there is any actual or potential misuse of the Site or Services, or for noncompliance with this Agreement.
Purchasers of RenewPT’s continuing education and training programs offered to health and wellness practitioners may be limited to practitioners with specific credentials and /or licenses. Accordingly, RenewPT reserves the right to decline to make certain of its programs and services available in its discretion. Practitioners warrant that any information provided to RenewPT as part of their enrollment in a RenewPT program is true and accurate at the time of enrollment and further agree to advise RenewPT in the event of any material change in such information.
USER DATA AND ACCOUNT SECURITY
As part of the signing up process, you are required to provide us with certain personal information, including responses to a health questionnaire or a professional experience questionnaire (the “Questionnaire”), which is intended to be used in conjunction with the Services as a method of tracking a an individual User’s progress or a practitioner’s qualifications, credentials and/or licensure.. In addition, you acknowledge and agree that you are obliged to provide us the following information:
- Changes in e-mail address
- Change of address
- Change of phone number
- Change of ownership of account
- Change of credit card number
- Change of banking information
- Change of credit card expiration date
In consideration of your use of the Site, you agree to (a) provide true, accurate, current and complete information about you as may be prompted by any forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information that you provide to RenewPT, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data, your account and any other information you provide to RenewPT. You further agree that you are responsible for any unauthorized use of your account that is made before you have notified us and we have had a reasonable opportunity to act on such notice.
RenewPT reserves the right at its discretion to suspend or cancel your account and password, even without receiving such notice from you, if we suspect that it is being used in an unauthorized or fraudulent manner, including but not limited to permitting another person or entity to use your account, username or password to access or use the Site or Services, or post or view comments. You acknowledge and agree that you will not attempt to undermine the security or integrity of the computing systems or networks of RenewPT. Notwithstanding the above, you are responsible for monitoring your account and should promptly report any unauthorized or suspicious activity in your account to us at email@example.com.
RenewPT may contact you by telephone, mail or email to verify your account information. RenewPT may request further information from you and you agree to provide such further information to ensure you have not fraudulently created your account. If you do not provide this information in the manner requested within 30 days of the request, RenewPT reserves the right to suspend, discontinue or deny your access to and use of the Site and the Services, until you provide the information to RenewPT as requested.
ACCOUNT UPGRADES AND SELF-CARE SERVICES PROVIDED
Individual users may enroll in a variety of programs offered by RenewPT from time-to-time and the User’s access, program elements, duration, etc. will be dependent on terms of the program being specifically purchased.
In addition, you acknowledge and agree that any and all Services, are provided in accordance with the following:
RenewPT makes available self-care informational services that provide general medical and health information. These communications and resources are not comprehensive medical text and do not include all the potential information regarding the subject matter. These communications and resources are for general educational and informational purposes only, and should not be relied upon as a substitute for patient-specific advice, medical diagnosis and treatment or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by RenewPT. Such information is not a substitute for seeing an appropriate healthcare professional for medical treatment, emergency medical services or urgent care. The information contained in these communications and resources are compiled from a variety of sources and may or may not be considered authored by RenewPT. RenewPT makes no warranty as to the content of these materials or the information contained therein, or represents or warrants that any particular type of treatment is safe, appropriate or effective for you. Please use your own discretion when using the Services and we strongly recommend that you consult with a medical professional before commencing the use of the Site and Services.
THIS SITE AND OUR PROGRAMS/PRODUCTS MAY OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK. WE CANNOT PREDICT HOW YOU MAY REACT TO ANY PARTICULAR PRODUCT OR THERAPY, AS EVERY PERSON’S REACTION TO A PRODUCT OR THERAPY MAY BE SIGNIFICANTLY DIFFERENT FROM ANOTHER. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
HEALTH, WELLNESS AND MEDICAL PRACTITIONERS WHO ENROLL IN RENEWPT CONTINUING EDUCATION PROGRAMS ACKNOWLEDGE AND AGREE THAT USE OF THE METHODOLOGIES DESCRIBED AND DEMONSTRATED IN RENEWPT PROGRAMS ARE DONE SO WITHIN THE PRACTITIONERS’ SOLE AND EXCLUSIVE DISCRETION IN THE EXERCISE OF REASONABLE PROFESSIONAL JUDGMENT IN A CLINICAL SETTING WITH DUE REGARD TO THE SPECIFIC CONDITION AND NEEDS OF PRACTITIONERS’ PATIENT(S.).
You agree that you are responsible for your own conduct while using the Services and for any consequences thereof. You agree to use the Services only for purposes that are legal, proper and in accordance with this Agreement and any applicable law, rules or regulations (including without limitation any applicable United States federal or state laws, regulations and rules, and any applicable foreign laws). Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. By way of example, and not as a limitation, you agree that you may not:
- use the Services in any manner that could damage, disable, overburden, or impair the Services, or interfere with any other party’s use and enjoyment of the Services;
- attempt to gain unauthorized access to the Site or the Services, or the computer systems or networks connected to the Services through hacking, password mining or any other means;
- create User accounts by automated means or create and/or operate User accounts under false or fraudulent pretenses, including but not limited to, registering for use of the Site and Services on behalf of an individual other than yourself, operate a User account on behalf of or for the benefit of any person who is not eligible to register for or operate a User account in their own name, or register for a User account on behalf of any group or entity, other than those accounts approved by RenewPT;
- upload or transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- upload, post, transmit, share or otherwise make or attempt to make available through the Services any content that we deem to be harmful, inappropriate, defamatory, infringing, obscene, or unlawful;
- upload, post, transmit, share, or otherwise make or attempt to make available through the Services any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;
- impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or Services;
- modify, adapt, translate or reverse engineer any portion of the Site;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services or collect information about its Users for any unauthorized purpose;
- submit content that falsely expresses or implies that such content is sponsored or endorsed by RenewPT or any third parties;
- promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
- contact any party or User other than as allowed through the Services.
INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
RenewPT retains all right, title and interest in and to the Site, the Services and any information, content, products, documentation, software or other information or materials available on or through the Site, including but not limited to graphics, pictures, videos, music, sounds and underlying source files, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing, except for information on the Site licensed by RenewPT, and in that case, the license provider retains all right, title and interest therein (the “Content”). The information available through the Site and the Services is the property of RenewPT, or if licensed by RenewPT, the license provider.
You agree that you will not store, copy, alter, modify, publish, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any Content, any programming code or any source code used in or with the Site and the Services. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (which includes its software and documentation), create derivative works based on or in any manner commercially exploit the Services, in whole or in part. You agree that violations by you, any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections, or the terms of this Agreement will be prosecuted to the fullest extent of the law in the federal and state courts located in New York. The final decision of whether a customer is in violation of any of these policies is at the sole discretion of RenewPT. Nothing contained on the Site should be construed as granting, by implication, estoppels, waiver or otherwise, any license or right to use any trademarks, service marks or logos displayed on the Site without the written grant thereof by RenewPT or the third party owner of such trademarks, service marks and logos. The Site may contain other proprietary notices and copyright information, the terms of which you must and agree to follow.
RenewPT may, at its sole discretion and to the extent permitted by law, access, read, preserve and disclose your account information, usage history and submitted Content in order to: (a) comply with any applicable law, regulation, legal process, or governmental request; (b) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (c) enforce this Agreement and investigate potential violations thereof; (d) detect, prevent, or otherwise address fraud, security, or technical issues; (e) respond to your requests for customer service; or (f) protect the rights, property, or personal safety of RenewPT, its users, or the public.
INTELLECTUAL PROPERTY RIGHTS
Our Limited License to You. This Site and all the materials and program offerings available on the Site, including our trademarks, names, logos, and all related names, designs, marks and slogans, are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.
Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos, videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to RenewPT from their creation. Thus, RenewPT shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as RenewPT determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to AR all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that RenewPT has the right but not the obligation to use and display any postings or contributions of any kind and that RenewPT may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
USE OF LINKS AND THIRD PARTY CONTENT
Other websites may contain links leading back to the Site and certain portions of the Site may contain third party content and may provide links to websites, resources on the Internet and content of third parties (collectively “Third Party Content”). When you access third party websites, you do so at your own risk. These other websites and their content are not under RenewPT’s control, and you acknowledge and agree that RenewPT is not responsible or liable, directly or indirectly, in any way whatsoever, for (i) any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any information, goods or services available on or through any such website or resource, and (ii) your use or reliance upon any Third Party Content, or any related functions, accuracy, legality, appropriateness or any other aspect of such websites or resources.
ELECTRONIC TRANSACTIONS AND DISCLOSURES
Because RenewPT operates only on the Internet, it is necessary for you to consent to transact business with us online and electronically. By registering as a User on the Site, you consent to transact business with us online and electronically, provided that such transactions are permitted under applicable law in the jurisdiction where you reside. Your consent will remain in effect for so long as you are a User.
You are solely responsible for your interactions with other Users, whether through the use of the Site, the Services or a third party website. RenewPT reserves the right, but has no obligation, to monitor any comments, posts or disputes between you and other Users as it relates to the Site and Services.
RenewPT may terminate your access to all or any part of the Site and Services at any time, with or without cause, with or without penalty, and with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. All provisions of this Agreement shall survive termination, including, without limitation, ownership provisions, disclaimers, confidentiality, indemnity and limitations of liability.
Medical Disclaimers. RenewPT does not guarantee that the Services are an appropriate course of treatment for your particular health care problem. Furthermore, RenewPT’s Site and Services are not a substitute for your primary care and are solely designed to be an informative and educational method of supplementing any such care you may be receiving. If you require urgent care, you should contact your local emergency services immediately.
Content Disclaimers. No information found on the Site should be relied on as professional medical advice. Nothing contained on the Site should be construed, directly or indirectly, as the practice of medicine or providing medical services by RenewPT. The information and the Services provided on or through the Site are intended solely as general educational material. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition, and before starting, stopping or modifying any treatment or medication. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on the Site. RenewPT makes no representations or warranties as to the accuracy of the information provided on the Site, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on the Site. You assume the entire risk of loss in using the Site and Services and information contained in the Site.
General Disclaimers. The site, including any content or information contained within it or any services or advice provided in connection with the services, is provided on an “as is” and “as available” basis and your use of the site and services is at your own risk. we make no representations or warranties of any kind, and we disclaim all representations and warranties, whether express or implied, statutory or otherwise, with respect to the site and the services, including, but not limited to, any warranties of merchantability, good title, fitness for a particular purpose, non-infringement and any warranties implied by any course of performance or usage of trade. we make no representations or warranties that the site or services will meet your requirements, be suitable for your use, or be uninterrupted, secure, complete, accurate, virus-free or free from error or defect. some or all of the above exclusions of implied warranties may not apply to you since some jurisdictions do not allow them to be excluded. nonetheless, you assume total responsibility and risk for your use of this site and the services.
Without limiting the generality of the foregoing, RenewPT has no special relationship with or fiduciary duty to you. You acknowledge that RenewPT has no control over, and no duty to take any action regarding: (i) which Users gain access to the Site; (ii) what Content you access via the Site; (iii) what effects the Content may have on you; (iv) how you may interpret or use the Content; or (v) what actions you may take as a result of having been exposed to the Content.
To the extent permitted by law, RenewPT assumes no liability or responsibility for (i) your acquisition or lack thereof of Content through the Site; (ii) for any errors or omissions in the Content of the Site; (iii) any loss or damage, including any loss or damage to any User Content, financial damages or lost profits, loss of business, or personal injury or death, resulting from anyone’s use of the Site or the Services; (iv) any User Content or Third Party Content posted on or through the Site or the Services or transmitted to Users; or (v) any interactions between Users of the Site, whether online or offline. RenewPT makes no representations or warranties concerning any Content contained in or accessed through the Site, and RenewPT will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services.
Electronic Communication Privacy Act Notice (18 U.S.C. Sections 2701-2711): RenewPT makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. RenewPT will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on RenewPT’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Services.
SERVICE RELIABILITY AND WARRANTIES
RenewPT makes no warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, 100% secure, or error free, or that defects, if any, will be corrected. This includes loss of data resulting from delays, and any service interruption caused by RenewPT employees. RenewPT is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers. RenewPT will take all reasonable precautions to protect against failure of its equipment and software. The User acknowledges and agrees that temporary interruptions in service may occur, and that RenewPT shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the Services. The User acknowledges and agrees that data may be lost or corrupted in connection with use of the Services. RenewPT may perform regular back-ups of all data stored, but shall have no liability to the User in the event all data is lost or destroyed. The User acknowledges and agrees that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the Services.
You shall defend, indemnify, and hold harmless RenewPT, its affiliates and each of its, and its affiliates employees, agents, contractors, directors, officers and representatives from any and all losses, liabilities, claims, rights, causes of action, actions and suits (no matter whether in law or in equity), demands, damages, costs and expenses, including reasonable attorneys’ fees, that arise out of or relate to, whether directly or indirectly, (i) your use or misuse of, or access to, the Site, the Services, the Content, (ii) violation of the Agreement or of any law, (iii) infringement by you, or any third party using your account, of any intellectual property or other rights of any person or entity, (iv) any negligent or wrongful action or omission by you in the use or misuse of the Site or the Services or any information posted on the Site, including, but not limited to, privacy rights, or negligent or wrongful conduct.. RenewPT reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with RenewPT in asserting any available defenses. If and when RenewPT is threatened with suit by a third party, RenewPT may seek written assurances from you concerning your promise to indemnify it; your failure to provide those assurances may be considered by us to be a breach of the Agreement and may result in deactivation of your RenewPT account.
LIMITATION OF LIABILITY
EXCEPT AS PROHIBITED BY LAW, AND WITHOUT LIMITATION:
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO RENEWPT, THE SITE AND THE SERVICES OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICES CAUSED BY YOU OR ANY PERSON USING YOUR USER NAME OR PASSWORD. RENEWPT DOES NOT ASSUME ANY LIABILITY ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR MISUSE OF ANY OF THE ADVICE, IDEAS, INFORMATION, INSTRUCTIONS, OR GUIDELINES ACCESSED THROUGH THE SERVICES.
IN NO EVENT SHALL RENEWPT NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, REPRESENTATIVES, CONTENT PROVIDERS OR THE LIKE, BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (I) THE SUBSCRIPTION RATE PAID UNDER YOUR PLAN, OR (II) IN THE EVENT NO PURCHASE PRICE WAS PAID OR REQUIRED, THE LIQUIDATED SUM OF $50.00.
IN ADDITION, IN NO EVENT SHALL RENEWPT, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, REPRESENTATIVES, CONTENT PROVIDERS OR THE LIKE, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SITE OR THE SERVICES OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF RENEWPT IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, THAT RESULT FROM (I) ANY PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS, LOSS OF USE, INTERRUPTION OF SERVICE, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) ANY MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATON OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, OR (III) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION).
YOU ACKNOWLEDGE AND AGREE THAT RENEWPT’S AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES, AND IN CIRCUMSTANCES WHERE THE FOREGOING LIMITATION IS FINALLY DETERMINED TO BE UNAVAILABLE, SHALL NOT EXCEED THE SUBSCRIPTION PRICE PAID BY YOU PRIOR TO THE FIRST OCCURRENCE OF THE SUBJECT DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
GOVERNING LAW & ARBITRATION
This Agreement (and any further rules, policies or guidelines incorporated by reference herein) shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. By agreeing to this Agreement and using the Site and the Services, you agree to submit to personal jurisdiction in New York for all purposes, and you agree to waive, to the maximum extent permitted by law, any right to a trial by jury for any matter. Unless otherwise agreed in writing by User and RenewPT, any dispute arising out of or relating to the Agreement, or the breach hereof, shall be finally resolved by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. If parties are unable to select an arbitrator then AAA shall select the arbitrator. Judgment on any award entered by the arbitrator may be entered in any court having jurisdiction thereof. User agrees that it may bring claims against RenewPT only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
If you are located outside of the United States, you use or access the Site and Services solely at your own risk and initiative. The Services are controlled and operated from facilities within the United States. RenewPT makes no representations that the Services are appropriate or available for use in any other jurisdictions. Accessing the Services is prohibited from territories where the Content is prohibited. You acknowledge and agree that it is solely your responsibility to be aware of the applicable laws and regulations of your country of residence.
ASSIGNMENT; NO THIRD PARTY RIGHTS
This Agreement is binding upon the parties’ respective successors and assigns. The Agreement may be assigned by RenewPT at any time. You shall not transfer or assign this Agreement without RenewPT’s prior written consent.
Unless expressly stated in the Agreement (such as those third parties mentioned in the Indemnification and Disclaimer sections hereof), nothing herein is intended to confer any rights or remedies under this Agreement on any other persons other than you, RenewPT and any of its affiliates, employees, agents, contractors, directors, officers and representatives (the “RenewPT Affiliates”). Nothing in this Agreement is intended to relieve or discharge the obligation or liability of any third persons to any of you, RenewPT or any RenewPT Affiliates, nor shall any provision give any third persons any right of subrogation or action over or against you, RenewPT or any RenewPT Affiliates.
Neither party will be responsible for failure to perform any obligation under this Agreement due to causes beyond the reasonable control of such party, including but not limited to strikes, lockouts, riots, epidemics, war, government regulation, fire, flood, natural disasters, Acts of God, or inadequacies of equipment, or other cause beyond the reasonable control of such party.
RenewPT may provide notice by e-mail to the e-mail address you provided during the registration, by a general notice on the Site, or by written communication delivered by first class U. S. mail or express courier to your address on record in your account. You may give notice to RenewPT at any time via electronic mail to firstname.lastname@example.org, by telephone at our toll free number (877) RENEWPT, or by letter delivered by first class postage prepaid U. S. mail or overnight courier to Renew Physical Therapy, P.C., 171 Madison Ave, #1600, New York, NY 10016, Attn: Customer Service.
INTEGRATION AND SEVERABILITY
This Agreement constitute the entire agreement between you and RenewPT with respect to the Services and use of the Site, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and RenewPT with respect to the Services and Site. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.