Term Of Use
READ THESE TERMS AND CONDITIONS OF USE VERY CAREFULLY BEFORE USING THIS WEB SITE OR ACCESSING ANY OF THE CONTENT OR SERVICES AVAILABLE ON THE WEB SITE. BY USING THIS WEB SITE OR ACCESSING ANY OF THE CONTENT OR SERVICES AVAILABLE ON THE WEB SITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THIS WEB SITE OR ACCESS ANY OF THE CONTENT OR SERVICES AVAILABLE ON THIS WEB SITE.
I. General. Rehabtronics Inc. (hereinafter referred to as “RHT”) welcomes You (You and the entity that You represent shall be referred to hereinafter as “You”) to our web site. So long as You have read, understood and agreed to these Terms and Conditions of Use (hereinafter referred to as the “TCU”), we welcome You to explore our content and utilize our web-based rehabilitation services. For the purposes of the TCU, we are collectively referring to homtelemed.com, rehabtronics.com and all related web pages, together with the content contained therein, the accessible downloads, hyperlinks and the secure portion of hometelemed.com (hereinafter referred to as RHT.com).
II. Privacy Policy. The TCU incorporates RHT’s Privacy Policy, which can be accessed and viewed at http://hometelemed.com/privacy-policy/.
III. Relationship to other Agreements. If You have executed another agreement with RHT (e.g., Rehabilitation Services and Equipment Agreement), the terms and conditions of that agreement(s) control in the event of a direct conflict between said agreement(s) and the TCU. However, to the extent that the TCU does not directly conflict with the terms and conditions of any other agreement between You and RHT (e.g., Rehabilitation Services and Equipment Agreement), the TCU shall be binding upon You relative to Your use of RHT.com.
IV. DISCLAIMER. SHOULD YOU CHOOSE TO ACCESS OR UTILIZE RHT.com, YOU ARE DOING SO AT YOUR OWN RISK. RHT ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE RHT.com (WHICH, AS EXPLAINED ABOVE, INCLUDES ITS CONTENT, SERVICES, HYPERLINKS, ETC.). RHT.com IS PROVIDED ON AN “AS IS” BASIS. RHT, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, OFFICERS, AGENTS, EMPLOYEES AND ASSIGNS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, RHT, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, OFFICERS, AGENTS, EMPLOYEES AND ASSIGNS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING: THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE RHT.com.
V. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT RHT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS AND ASSIGNS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE RHT.com; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON RHT.com; OR (v) ANY OTHER MATTER RELATING TO RHT.com, INCLUDING, BUT NOT LIMITED TO, ITS SERVICES AND CONTENT.
VI. Trademarks. RHT, the stylized RHT logo, the stylized Hometelemed Logo, the phrase “Rehabilitation Over The Internet” and all other RHT logos and product and service names are trademarks of RHT (the “RHT Marks”). You agree not to display or use the RHT Marks without RHT’s prior permission. Nothing contained on RHT.com should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on RHT.com without the written permission of RHT or such third party that may own the trademarks displayed on RHT.com.
VII. Unique Username and Password. In order to access and use some services and content on RHT.com, You will receive a unique password(s) and account name(s). You are solely responsible for maintaining the confidentiality of the password(s) and account name(s) and are fully responsible for all activities that occur under Your password(s) and account name(s). You agree that it is Your sole responsibility to (1) control the dissemination and use of Your password(s) and account name(s); (2) authorize, monitor, and control access to and use of Your account name(s) and password(s); and (3) promptly inform RHT of any need to deactivate Your account(s) and/or password(s). You grant RHT and all other persons or entities involved in the operation of RHT.com the right to transmit, monitor, retrieve, store, and use Your information in connection with the operation of RHT.com. RHT shall not be liable for any loss or damage arising from Your failure to comply with this section.
VIII. Third Party Links. RHT.com may contain links to other Web sites or resources. RHT does not have any control over such Web sites or resources and You acknowledge and agree that RHT is not responsible for the content or availability of such external Web sites or resources and does not endorse or assume any responsibility or liability for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that RHT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
IX. Entire Agreement. Except as set forth in Section III (“Relationship to Other Agreements”), the TCU constitutes the entire agreement between You and RHT and governs Your use of RHT.com. RHT MAY REVISE AND UPDATE THE TCU AT ANY TIME AND YOUR CONTINUED USAGE OF RHT.com WILL CONSTITUTE AN ACKNOWLEDGMENT AND ACCEPTANCE OF ANY SUCH MODIFICATIONS.
X. Indemnification. You agree to defend, indemnify, and hold RHT, its officers, directors, employees, agents, licensors, and assigns harmless from and against any claims, actions, demands, liabilities and settlements, including without limitation, reasonable legal and accounting fees resulting from, or alleged to result from, Your violation of the TCU.
XI. Choice of Law and Forum. The TCU shall be interpreted, construed and enforced in all respects in accordance with the laws of the Province of Alberta. The parties irrevocably agree that any action to enforce the provisions of the TCU or arising under or by reason of the TCU shall be brought solely in a court located in Edmonton, Alberta, Canada.
XII. License and Rights Relative to Use of RHT.com’s Premium Services. If You have executed another agreement with RHT (e.g., Rehabilitation Services and Equipment Agreement), You may be entitled, pursuant to the terms of the relevant agreement(s), to access certain Web pages and web-based software (hereinafter referred to as “Premium Software”) that are not available to members of the public who have not separately contracted for online rehabilitation or similar services. Pursuant to the agreement(s) governing said Premium Software, RHT grants You a personal, non-transferable and non-exclusive right and license to use the object code of RHT.com (including its related software, downloads, content, services, etc.) on a single computer; provided that You do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense or otherwise transfer any right in the Premium Software. You agree not to modify the Premium Software in any manner or form or to use modified versions of the Premium Software. You may only use this Premium Software within the region in which you have agreed to receive rehabilitation services. It is Your responsibility to ensure that Your license to use the Program is not misused or misappropriated by a third-party. Your license to use the Program terminates immediately in the following circumstances: (a) without notice, upon Your material breach of or the termination of the operative agreement (e.g., Rehabilitation Services and Equipment Agreement, etc.); or (b) without notice, upon Your violation of the terms of the TCU. In the event of termination of Your license, You must immediately cease all use of the Premium Software, destroy all of Your copies of the Premium Software and remove all files and data relating to the Premium Software that You have installed or copied on or to any physical devices or media. Under such circumstances, you forfeit any deposits or other monetary down-payments you may have paid to RHT or its affiliates.
XIII. Notice and Procedure for making Claims of Copyright Infringement. If You believe any content accessible on or from RHT.com infringe upon Your copyright, You may request removal of those materials (or access thereto) from us by contacting RHT’s legal department and providing the following information: (1) Identification of the copyrighted work or other intellectual property that You claim has been infringed; (2) Your name, address, telephone number and e-mail address; (3) proof that You have been authorized to act on behalf of the purported copyright holder; (4) A sworn statement made under oath that the information that You have supplied is accurate and that Your complaint is made in good faith; and (5) A signature from the copyright holder or authorized representative. All such requests should be sent to “RHT, Attn: Legal Department, #4352, 10230 – Jasper Avenue, Edmonton, Alberta, T5J 4P6, Canada.” Alternatively, you may send such a request to inquiries@hometelemed.com.
XIV. Waiver and Severability. The failure of RHT to exercise or enforce any right or provision of the TCU shall not constitute a waiver of such right or provision. If any provision of the TCU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TCU remain in full force and effect.
XV. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Your use of RHT.com or these TCU must be filed within one (1) year after such claim or cause of action arose. If such a claim or cause of action is not filed within said one (1) year time period, the claim or cause of action shall be forever barred.