PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. YOU SHOULD REVIEW THESE TERMS, AS MODIFIED OR AMENDED FROM TIME TO TIME, AS THEY CREATE A BINDING CONTRACT BETWEEN YOU AND THE COMPANY.
Binding Effect / Users. These Terms set forth the legally binding terms for your use of the Website. “Use” of or “Using” the Website includes browsing, using, or accessing all or any part of the Website and any content offered therein. Your use of the Website signifies that you have read, understand and agree to be bound by these Terms. You are only authorized to use the Website (regardless of whether your use is intended) if you agree to abide by all applicable laws and these Terms. If you do not agree to abide by all applicable laws and these Terms, you should discontinue use of the Website immediately.
Other Policies / Terms. All policies currently posted on the Website, and all policies that may be posted by us on the Website in the future, in our sole discretion, are hereby incorporated into the Terms.
Modification of Terms. WE RESERVE THE RIGHT TO CHANGE, ADD TO, OR DELETE, PORTIONS OF THESE TERMS WITHOUT FURTHER NOTICE TO YOU, IN OUR SOLE DISCRETION. If we do this, we will post such modifications on our website. Each such modification shall be effective upon posting. Your continued use of the Website after the Company posts a modification signifies your acceptance of such modification. It is your responsibility to review these Terms regularly to ensure you are aware of any changes.
Proprietary Rights to the Company’s Content.
Rights to the Company’s Content. All content available on the Website, including without limitation, designs, text, blog posts, graphics, profiles, messages, notes, advertisements, listings, pictures, images, video, bios, information, reviews, works of authorship, applications, music, sound and other files, and their selection and arrangement (the “Company’s Content") are the proprietary property of the Company or its licensors with all rights reserved. Except as expressly provided in these Terms or permitted by the Company, you may not copy, modify, translate, publish, broadcast, transmit, distribute, use, perform, post, display, frame, reproduce, republish, download or sell all or any part of the the Company’s Content, in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the Company’s prior written permission.
Copyrights/Patents. All the Website design, text, graphics, blog posts, logos, button icons, images, photos, audio clips, video clips, digital downloads, data compilations, and the Company’s Content, are owned solely and exclusively by the Company or its content suppliers and are protected by U.S. and international copyright or patent laws. The compilation, “look and feel” and color schemes of all content on the Website are the exclusive property of the Company and protected by U.S. and international copyright laws. All software used on the Website is the property of the Company or its software suppliers and protected by United States and international copyright or patent laws.
Trademarks. All of the Company’s product and service names and logos, graphics, page headers, button icons, logos, scripts, and all registered and unregistered marks and service names used by the Company are service marks, trade names, trademarks and/or trade dress of of the Company or its affiliates (collectively “the Company’s Marks”). You may not use the Company’s Marks for any reason or purpose whatsoever. All trademarks not owned by the Company that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
Protecting Copyrights and Other Intellectual Property. The Company respects the intellectual property rights of others. Following is our Notice and Procedure for Making Claims of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying the Company that your copyrighted material has been infringed.
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
· A description of the copyrighted work that you claim has been infringed upon;
· A description of the location on the Website of the material that you claim is infringing;
· your address, telephone number, and e-mail address;
· A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The Company's Agent for Notice of copyright infringement can be reached as follows:
Life In Motion Physical Therapy
2067 Clifford St.
Dubuque, IA 52003
a. Users. The Company is not responsible or liable, and makes no warranties, express or implied, for the conduct of any user of the Website.
b. Third Party Web Sites. The Website may contain links to third party websites. The Company is not responsible or liable for the content, completeness, accuracy or opinions expressed on such third party websites. Inclusion of any linked website on the Website does not imply the Company’s approval or endorsement of, or agreement with, the content of the Web site. If you choose to access third party websites, you do so at your own risk.
c. Third Party Advertisements / Applications. The Company is not responsible or liable for third party advertisements or third party applications that are posted on or through the Website, nor does it take any responsibility for the goods or services provided by its advertisers.
d. Availability of the Website. The Website or any portion thereof may be unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. The Company is not responsible for any problem or technical malfunction of any telephone networks, services or lines, computer systems, online systems, servers or providers, computer, mobile phone or other equipment, software, failure of any e-mail due to technical problems or traffic congestion on the Internet or on the Website or combination thereof, including any injury or damage to your or to any other person's computer, mobile phone, smart phone, tablet or other equipment related to or resulting from use of the Website. Under no circumstances shall the Company be responsible or liable for any loss or damage, including without limitation, personal injury, property injury or death, resulting from anyone’s use of the Website, or from the conduct of any user(s) of the Website.
7. Disclaimer of Warranties. THE WEBSITE AND THE COMPANY’S CONTENT ARE PROVIDED "AS IS" AND AS AVAILABLE AND THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE WEBSITE, SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES AND MALWARE. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, OR DATA FROM OR THROUGH THE WEBSITE AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND FOR ANY DAMAGE TO YOUR MOBILE DEVICE, COMPUTER SYSTEM OR OTHER EQUIPMENT, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
8. Limitation on Liability. IN NO EVENT SHALL THE COMPANY, ITS EMPLOYEES, REPRESENTATIVES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST DATA OR LOST PROFIT DAMAGES ARISING FROM YOUR USE OF the Website OR THE COMPANY’S CONTENT EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO THE COMPANY FOR USE OF THE WEBSITE ONLY, IF ANY, DURING THE TIME YOUR ARE A REGISTERED USER OF THE WEBSITE. YOU ACKNOWLEDGE THAT IF YOU DO NOT PAY FEES TO THE COMPANY FOR USE OF THE WEBSITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
9. Disputes. These Terms shall be governed by, and construed in accordance with, the laws of the State of Iowa, without regard to its conflict of law provisions. Any and all actions or proceedings arising out of or relating to these Terms, the Website or the the Company’s Content, shall be instituted and litigated in a court of competent jurisdiction in Dubuque County, Iowa. You and the Company hereby agree to submit to the exclusive personal jurisdiction of the courts located in Dubuque County, Iowa to resolve any dispute arising out of these Terms, the Website or the Company’s content. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THESE TERMS.
10. Indemnity. You agree to indemnify and hold harmless the Company and its representatives, officers, employees, directors, agents, and assigns, at your own expense, from and against any and all loss, liability, claims, damages, suits, demands, actions and/or costs (including without limitation reasonable attorney fees and costs) made by any third party arising out of or related to a) your actions or inactions; b) the use of your the Website account by you or any other person; c) your breach or violation of these Terms; d) your breach of the representations and warranties set forth in these Terms; and/or e) information provided by you or any person through your use of the Website.
11. Other. These Terms, including all documents referenced herein, as such may be modified from time to time, constitute the entire agreement between you and the Company regarding the use of the Website. The failure of the Company to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.