Terms and Conditions
AGREEMENT BETWEEN USER
AND FOOTHILLS SPORTS MEDICINE & REHABILITATION
The Foothills Sports Medicine & Rehabilitation Web Site is comprised of
various Web pages operated by Foothills Sports Medicine & Rehabilitation.
The Foothills Sports Medicine & Rehabilitation Web Site is offered to you
conditioned on your acceptance without modification of the terms, conditions,
and notices contained herein. Your use of the Foothills Sports Medicine &
Rehabilitation Web Site constitutes your agreement to all such terms,
conditions, and notices.
MODIFICATION
OF THESE TERMS OF USE
Foothills Sports Medicine & Rehabilitation reserves the right to change the
terms, conditions, and notices under which the Foothills Sports Medicine &
Rehabilitation Web Site is offered, including but not limited to the charges
associated with the use of the Foothills Sports Medicine & Rehabilitation
Web Site.
LINKS TO THIRD
PARTY SITES
The Foothills Sports Medicine & Rehabilitation Web Site may contain links
to other Web Sites ("Linked Sites"). The Linked Sites are not under
the control of Foothills Sports Medicine & Rehabilitation and Foothills
Sports Medicine & Rehabilitation is not responsible for the contents of any
Linked Site, including without limitation any link contained in a Linked Site,
or any changes or updates to a Linked Site. Foothills Sports Medicine &
Rehabilitation is not responsible for Webcasting or any other form of
transmission received from any Linked Site. Foothills Sports Medicine &
Rehabilitation is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by Foothills Sports Medicine
& Rehabilitation of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Foothills Sports Medicine & Rehabilitation
Web Site, you warrant to Foothills Sports Medicine & Rehabilitation that
you will not use the Foothills Sports Medicine & Rehabilitation Web Site
for any purpose that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the Foothills Sports Medicine & Rehabilitation Web
Site in any manner which could damage, disable, overburden, or impair the Foothills
Sports Medicine & Rehabilitation Web Site or interfere with any other
party's use and enjoyment of the Foothills Sports Medicine & Rehabilitation
Web Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Foothills
Sports Medicine & Rehabilitation Web Sites.
USE OF
COMMUNICATION SERVICES
The Foothills Sports Medicine & Rehabilitation Web Site may contain
bulletin board services, chat areas, news groups, forums, communities, personal
Web pages, calendars, and/or other message or communication facilities designed
to enable you to communicate with the public at large or with a group
(collectively, "Communication Services"), you agree to use the
Communication Services only to post, send and receive messages and material
that are proper and related to the particular Communication Service. By way of
example, and not as a limitation, you agree that when using a Communication
Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Foothills Sports Medicine & Rehabilitation has no obligation to monitor the
Communication Services. However, Foothills Sports Medicine & Rehabilitation
reserves the right to review materials posted to a Communication Service and to
remove any materials in its sole discretion. Foothills Sports Medicine &
Rehabilitation reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason whatsoever.
Foothills Sports Medicine & Rehabilitation reserves the right at all times
to disclose any information as necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse to post
or to remove any information or materials, in whole or in part, in Foothills
Sports Medicine & Rehabilitation's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Foothills Sports
Medicine & Rehabilitation does not control or endorse the content, messages
or information found in any Communication Service and, therefore, Foothills
Sports Medicine & Rehabilitation specifically disclaims any liability with
regard to the Communication Services and any actions resulting from your
participation in any Communication Service. Managers and hosts are not
authorized Foothills Sports Medicine & Rehabilitation spokespersons, and
their views do not necessarily reflect those of Foothills Sports Medicine &
Rehabilitation.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible
for adhering to such limitations if you download the materials.
MATERIALS
PROVIDED TO FOOTHILLS SPORTS MEDICINE & REHABILITATION OR POSTED AT ANY FOOTHILLS
SPORTS MEDICINE & REHABILITATION WEB SITE
Foothills Sports Medicine & Rehabilitation does not claim ownership of the
materials you provide to Foothills Sports Medicine & Rehabilitation
(including feedback and suggestions) or post, upload, input or submit to any Foothills
Sports Medicine & Rehabilitation Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting Foothills
Sports Medicine & Rehabilitation, its affiliated companies and necessary
sublicensees permission to use your Submission in connection with the operation
of their Internet businesses including, without limitation, the rights to:
copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to publish your name in
connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. Foothills Sports Medicine & Rehabilitation is under no
obligation to post or use any Submission you may provide and may remove any
Submission at any time in Foothills Sports Medicine & Rehabilitation' sole
discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the
Submissions.
LIABILITY
DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE FOOTHILLS SPORTS MEDICINE & REHABILITATION WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. FOOTHILLS SPORTS MEDICINE & REHABILITATION AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE FOOTHILLS SPORTS MEDICINE
& REHABILITATION WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE FOOTHILLS
SPORTS MEDICINE & REHABILITATION WEB SITE SHOULD NOT BE RELIED UPON FOR
PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
FOOTHILLS SPORTS MEDICINE & REHABILITATION AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE FOOTHILLS SPORTS MEDICINE & REHABILITATION WEB
SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. FOOTHILLS
SPORTS MEDICINE & REHABILITATION AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOOTHILLS
SPORTS MEDICINE & REHABILITATION AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA
OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE
OF THE FOOTHILLS SPORTS MEDICINE & REHABILITATION WEB SITE, WITH THE DELAY
OR INABILITY TO USE THE FOOTHILLS SPORTS MEDICINE & REHABILITATION WEB SITE
OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THE FOOTHILLS SPORTS MEDICINE & REHABILITATION WEB SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE FOOTHILLS SPORTS MEDICINE &
REHABILITATION WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF FOOTHILLS SPORTS MEDICINE & REHABILITATION
OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE FOOTHILLS SPORTS MEDICINE
& REHABILITATION WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FOOTHILLS SPORTS MEDICINE &
REHABILITATION WEB SITE.
SERVICE CONTACT : support@foothillsrehab.com
TERMINATION/ACCESS
RESTRICTION
Foothills Sports Medicine & Rehabilitation reserves the right, in its sole
discretion, to terminate your access to the Foothills Sports Medicine &
Rehabilitation Web Site and the related services or any portion thereof at any
time, without notice. To the maximum extent permitted by law, this agreement is
governed by the laws of the State of Nevada, U.S.A. and you hereby consent to
the exclusive jurisdiction and venue of courts in Las Vegas, NV, U.S.A. in all
disputes arising out of or relating to the use of the Foothills Sports Medicine
& Rehabilitation Web Site. Use of the Foothills Sports Medicine &
Rehabilitation Web Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these terms and conditions, including without
limitation this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and Foothills Sports
Medicine & Rehabilitation as a result of this agreement or use of the Foothills
Sports Medicine & Rehabilitation Web Site. Foothills Sports Medicine &
Rehabilitation' performance of this agreement is subject to existing laws and
legal process, and nothing contained in this agreement is in derogation of Foothills
Sports Medicine & Rehabilitation' right to comply with governmental, court
and law enforcement requests or requirements relating to your use of the Foothills
Sports Medicine & Rehabilitation Web Site or information provided to or
gathered by Foothills Sports Medicine & Rehabilitation with respect to such
use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, 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
the remainder of the agreement shall continue in effect. Unless otherwise
specified herein, this agreement constitutes the entire agreement between the
user and Foothills Sports Medicine & Rehabilitation with respect to the Foothills
Sports Medicine & Rehabilitation Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and Foothills Sports Medicine & Rehabilitation
with respect to the Foothills Sports Medicine & Rehabilitation Web Site. A
printed version of this agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent an d subject to the same
conditions as other business documents and records originally generated and
maintained in printed form. It is the express wish to the parties that this
agreement and all related documents be drawn up in English.

