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DigiRehab, Inc. (“DigiRehab”) is the owner and operator of the DigiRehab Website and/or mobile App located at the URL www.DigiRehab.us, the DigiRehab mobile application, and other websites owned by DigiRehab, including personalized white label websites (collectively, the “DigiRehab Website and/or mobile App”, as defined below). These Terms of Use (the “Agreement”) govern access to and use of the DigiRehab Website and/or mobile App. Access to and use of the DigiRehab Website and/or mobile App is subject to Your acceptance of this Agreement. You agree to abide by all terms and conditions of this Agreement by Your accessing the DigiRehab Website and/or mobile App and/or by Your continued use of the DigiRehab Website and/or mobile App. Please read the following, carefully bearing in mind that this Agreement, must be read in conjunction with DigiRehab’s Privacy Policy.
DigiRehab reserves the right to modify the terms of this Agreement at any time at its sole discretion, and may post a notice of such changes. If and when the Agreement is modified, You will be subject to the terms of the modified Agreement, and by accessing the DigiRehab Website and/or mobile App, You agree to the terms of the modified Agreement without further notice.
DigiRehab is the owner of all DigiRehab Content posted on or otherwise accessible at or via the DigiRehab Website and/or mobile App including logos, all designs, text, graphics, pictures, and information. You will have a limited license (without the right to sublicense) to view the Content for Your individual, non-commercial use only. Any copying, reproduction, retransmission, or republication of all, or part, of any Content found on the DigiRehab Website and/or mobile App is expressly prohibited, unless DigiRehab has expressly granted its prior written consent to so reproduce, retransmit, or republish the Content. DigiRehab reserves all applicable rights in regard to the Content. DigiRehab may publish or transmit via the DigiRehab Website and/or mobile App any Content that is owned by third parties. DigiRehab World ApS, is the owner of the Intellectual Property found on the DigiRehab Website and/or mobile App. Any reproduction, retransmission, or republication of all or part of any Content found on the DigiRehab Website and/or mobile App is expressly prohibited, unless the owner of the Content has expressly granted its prior written consent to reproduce, retransmit, or republish the material.
If You believe that any Content on the DigiRehab Website and/or mobile App infringes upon any copyright which You own or control, You or Your designee, acting as a “Complaining Party,” may send a notification of such claimed infringement to DigiRehab via DigiRehab USA, LLC. Please include a description of the work that is allegedly being infringed, and where on the DigiRehab Website and/or mobile App the work may be found.
DigiRehab USA, LLC, a Texas Limited Liability Company is the sole and exclusive US distributor of DigiRehab software and service. Its representatives will be selling and providing assistance in the operation and use of the program directly to purchasers of DigiRehab Website and/or mobile App and app program. DigiRehab retains the right to modify all content as reasonably deemed necessary to ensure material is in line with best practices, as necessary to comply with any regulation or law, and/or as necessary for DigiRehab’s business purpose.
DigiRehab reserves the right to terminate, block, or restrict Your access to or use of the DigiRehab Website and/or mobile App for any breach or violation of any term(s) of this Agreement, solely at the discretion of DigiRehab.
You are responsible for obtaining and maintaining all computer hardware and software needed to access and use the DigiRehab Website and/or mobile App.
The DigiRehab Website and/or mobile App includes the option of allowing a User to create a “User Profile.” Users are wholly responsible for User Content posted, displayed, transmitted, or otherwise made available on or via User Profiles. You are also wholly responsible for ensuring that Your use of the DigiRehab Website and/or mobile App is compliant with the laws and regulations of any applicable jurisdiction.
In consideration of Your use of the DigiRehab Website and/or mobile App, You acknowledge that You are of legal age to form a binding contract and are not a person barred from performing or receiving services under the laws of the United States or other applicable jurisdiction. You agree to provide accurate, current, and complete information concerning You when providing information to, signing up with, registering for use of, or otherwise providing information to the DigiRehab Website and/or mobile App and maintain and promptly update the Registration Data to keep it true, current, and complete. If You provide any information that is untrue, inaccurate, not current, or incomplete, or if DigiRehab has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, DigiRehab has the right to suspend or terminate Your access to the DigiRehab Website and/or mobile App and to refuse any and all current or future use of the DigiRehab Website and/or mobile App, or any portion thereof. You must have Your own password or Access Code to access the DigiRehab Website and/or mobile App. In the event that DigiRehab discovers password sharing, we reserve the right to terminate or block Your access to the DigiRehab Website and/or mobile App. You are responsible for all use of Your password(s).
Except as expressly set forth herein, the Content of the DigiRehab Website and/or mobile App (including all DigiRehab intellectual property, text, materials, software, functions, services, and information made available herein or accessed by means hereof) are provided as is, without warranties of any kind, either express or implied, including without limitation warranties of suitability for a particular purpose. DigiRehab does not warrant or guarantee uninterrupted access to the DigiRehab Website and/or mobile App, or any site linked to the DigiRehab Website and/or mobile App, and reserves the right to discontinue Courses or to change the expiration date at any time.
Under no circumstances will DigiRehab be liable in any way for any Content, including without limitation any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the DigiRehab Website and/or mobile App, and DigiRehab makes no guarantees that the Content will be accurate, current, or error-free.
You assume full responsibility and risk of loss resulting from use of the DigiRehab Website and/or mobile App and any information on the DigiRehab Website and/or mobile App. DigiRehab makes no guarantees about the suitability of any information and its services for any purpose whatsoever. DigiRehab will not be liable for any direct, indirect, consequential, special, exemplary, or other damages or losses that may result. It is the responsibility of the treating practitioner, relying on independent expertise and knowledge of the patient, to determine the best treatment and method of application for the patient.
The information and content provided in the home exercise programs are for informational purposes only. DigiRehab makes no warranties regarding, and bears no liability for, Your use of the information and content. Neither DigiRehab nor any person assisting or advising in Your performance of the exercises assumes any responsibility for any loss or injury and/or damage to persons or property arising out of the use of the material contained in or related to the online program. IT IS THE RESPONSIBILITY OF THE PROVIDERS AND/OR ASSESSORS, RELYING ON THEIR INDEPENDENT EXPERTISE, KNOWLEDGE OF THE OF THE PARTICIPANT AND THE ALGORITHM IN THE PLATFORM, TO DETERMINE THE BEST TREATMENT AND METHOD OF APPLICATION FOR THEIR PARTICIPANTS.
In no event shall DigiRehab, its members, officers, affiliates, agents, licensors, employees, or internet service Provider (collectively, “representatives”) be liable to You or to any third party for any direct, indirect, incidental, special, or consequential damages whatsoever, including without limitation lost revenue, lost or damaged data, or other commercial or economic loss, whether based in contract, tort (including negligence), or any other theory of liability. The foregoing limitation shall apply even if DigiRehab or its representatives have been advised or should have known of the possibility of such damage. DigiRehab’s total liability in any event is limited to the amount, if any, actually paid for use of the DigiRehab Website and/or mobile App, and You hereby release DigiRehab and its representatives from any and all obligations, liabilities, and claims in excess of this limitation.
You agree to indemnify and hold DigiRehab and its Representatives harmless from any and all losses (including without limitation attorneys’ fees) resulting from any claims based on or relating to Your use, or the use of any individual using Your password, of the DigiRehab Website and/or mobile App. You further agree to indemnify and hold DigiRehab and its Representatives harmless from any and all losses resulting from claims of third parties, including without limitation attorneys’ fees, that result in whole or in part from violations by You, or any individual using Your password, of any of the terms of this Agreement.
This Agreement shall be governed by the laws of the State of TEXAS. In the event that litigation results from or arises out of this Agreement or the performance thereof, both Parties agree to Arbitration with a single arbitrator qualified by the American Arbitration Association. The Parties agree to reimburse the prevailing Party’s reasonable attorneys’ fees, arbitration costs, and all other expenses, whether or not taxable by the arbitrator as costs, in addition to any other relief to which the prevailing Party may be entitled.
This agreement is personal to You, and You may not assign this Agreement or the rights and obligations thereunder to any third party or person.
The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their permitted heirs, administrators, successors, and assigns.
No waiver by either Party of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement.
The ownership and intellectual property rights and license provisions set forth in this Agreement, and any other provisions that by their sense and context the Parties intend to have survive, shall survive the termination of this Agreement and any obligations hereunder for any reason.