REPOWER MEDICAL CLINIC, LLC. WEBSITE TERMS OF USE
TERMS OF USE
THIS IS AN AGREEMENT BETWEEN YOU AND REPOWER MEDICAL CLINIC, LLC. BY USING THIS WEBSITE OR ACCESSING OR USING OUR PRODUCTS AND SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE.
The Repower Medical Clinic, LLC Website Terms of Use ("Terms") govern your use of any website of Repower Medical Clinic, LLC or its subsidiaries or affiliates ("Repower"), including www.drworden.com (“Site”). These Terms do not alter the terms or conditions of any other agreement you may have with REPOWER for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf and that such entity will be responsible to REPOWER if you violate these Terms. The Site is offered to you conditioned on your acceptance of all provisions of these Terms.
If you have any questions or comments regarding the use of the Site, please contact info@drworden.com
MODIFICATIONS OF TERMS OF USE
REPOWER reserves the right in its sole discretion to change the content provided in and access to the Site at any time without notice to you. REPOWER may also, from time to time in its sole discretion, modify or replace these Terms or any policy or guideline of the Site, which may affect your rights to use the Site. Any changes or modifications will be effective immediately upon posting of the revisions to the Site.
You understand and agree that your access to or use of the Site after modified or replaced Terms are posted will signify your acceptance of those new or modified Terms. You further understand that it is your responsibility to read the current Terms. REPOWER will not contact you to let you know they have been modified or replaced. If you do not agree to the modified or replaced Terms, you must stop using the Site. Any use of the Site in violation of these Terms may result in, among other things, termination or suspension of your right to use the Site.
END-USER AGREEMENT
Your registration for, and use of, REPOWER's products or services, whether offered through the Site or any third party website or application, ("REPOWER Services") are governed by the End-User Agreement [insert hyperlink to terms and conditions governing sales of products or services – this section can also be updated to address the language utilized by REPOWER]. If you do not agree to the End-User Agreement, do not use or access the REPOWER Services.
PRIVACY POLICY
Please refer to our Privacy Policy [insert hyperlink directly to the Privacy Policy] for information about how REPOWER collects, uses and discloses personally identifiable information from its users.
ELIGIBILITY, REGISTRATION AND ACCOUNT
The Site and REPOWER Service are not targeted towards, not intended for use by, anyone under the age of 18. By accessing or using the Site or REPOWER Services, you represent and warrant that you are 18 years of age or older. You also represent and warrant that you have not previously been suspended or removed from the Site.
In order to receive the REPOWER Services, you will need to register for an account. You agree to provide accurate, truthful, current and complete information when creating an account and to maintain and promptly update your account when your information changes. You also agree to maintain the security of your account by not sharing your password with others and restricting access to your account. You must notify REPOWER immediately of any unauthorized use of your password or if you believe that your password is no longer confidential and known only to you. We reserve the right to suspend your account and/or require you to alter your password if we believe for any reason that your password is no longer secure. We are not liable for any loss or damage arising from your failure to comply with the requirements above.
COPYRIGHT AND LIMITED LICENSE
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the REPOWER logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the accompanying printed materials (collectively, "Site Materials") are the proprietary property of REPOWER or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and Site Materials; however, such license is subject to these Terms and does not include: (a) any resale or commercial use of the Site or Site Materials; (b) the distribution, public performance or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site or the Site Materials or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site or the Site Materials other than for their intended purposes. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of REPOWER, is strictly prohibited and will terminate the license granted herein. Such authorized use may also violate applicable laws including, without limitation, copyright and trademark laws, and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
You may not disassemble, decompile or otherwise reverse engineer all or any portion of the Site, including any content received as part of the permitted use. You may not create, develop, license, install, use, or deploy any third party software or services to circumvent, enable, modify, or provide access, permissions or rights which violate the technical restrictions of REPOWER’s data, any additional licensing terms provided by REPOWER via product documentation, notification, and/or policy change, and/or these Terms.
You may not transfer any proprietary data to a third party.
REPOWER reserves all rights not granted in this section. Any other use is strictly prohibited.
TRADEMARKS
"REPOWER," ”www.drworden.com," the REPOWER logos and any other product or service name or slogan contained in the Site are trademarks of REPOWER and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of REPOWER or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "REPOWER" or any other name, trademark or product or service name of REPOWER without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of REPOWER and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and REPOWER names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, or processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
HYPERLINKS
You may not use a REPOWER logo or other proprietary graphic of REPOWER to link to the Site without the express written permission of REPOWER. Further, you may not use, frame or utilize framing techniques to enclose any REPOWER trademark, logo or other proprietary information, including the images found on the Site, the content of any text or the layout/design of any page or form contained on a page of the Site without REPOWER's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of REPOWER or any third party.
REPOWER makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of embedded content, third party websites accessible via hyperlink or websites linking to the Site. Such sites are not under the control of REPOWER and REPOWER is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. REPOWER provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by REPOWER of any site or any information contained therein. When you visit other sites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from REPOWER's Site.
THIRD PARTY CONTENT
REPOWER may provide third party content on the Site and may provide links to web pages and content of third parties (collectively, "Third Party Content") as a service to those interested in this information. REPOWER does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that REPOWER is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
THIRD PARTY ADVERTISEMENTS
RESERVED
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information that you provide to REPOWER regarding REPOWER, the Site or the REPOWER Services (collectively, "Submissions") are non-confidential and shall become the sole property of REPOWER. REPOWER shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
TERMINATION
REPOWER reserves the right, at anytime without notice and in its sole discretion, to terminate your license to use the Site and/or to block or prevent your future access to, and use of, the Site. In such event, you must destroy all copies of any data or results you downloaded, ingested or otherwise obtained from the Site or in conjunction with the REPOWER Services during the term. You may not retain any information, data model, display or print-outs made from any of the data associated with the Services beyond the limits of the Agreement or the authorized term.
EXCLUSION OF WARRANTIES; LIABILITY DISCLAIMER; LIMITATION OF LIABILITY
THE INFORMATION, CONTENT AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SITE AND TO THE INFORMATION THEREIN. REPOWER MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME, WITHOUT NOTICE. YOU ASSUMES ALL RISK OF USE.
REPOWER MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE SITE OR SITE MATERIALS FOR ANY PURPOSE.
THE SITE AND SITE MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE OR NONINFRINGEMENT. REPOWER DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE, FREE FROM ERROR OR FIT TO USE FOR YOUR PURPOSES OR ACCORDING TO YOUR REQUIREMENTS OR NEEDS.
YOU SPECIFICALLY AGREE THAT REPOWER, ITS DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. YOU SPECIFICALLY AGREE THAT REPOWER, ITS DIRECTORS, EMPLOYEES OR AGENTS ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT REPOWER, ITS DIRECTORS, EMPLOYEES OR AGENTS ARE NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE WEB SERVICE BY ANY THIRD PARTY.
IN NO EVENT WILL REPOWER, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY CLAIM OR LOSS INCURRED BY YOU, INCLUDING WITHOUT LIMITATION INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE SITE OR THE SITE MATERIALS, INCLUDING WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM REPOWER, EVEN IF ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. REPOWER’S AGGREGATE LIABILITY WILL NOT EXCEED FEES PAID BY YOU, IF ANY, TO REPOWER WITH RESPECT TO THE REPOWER SERVICES AT ISSUE. THE FOREGOING LIMITATIONS APPLY TO ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT OR WARRANTY OR TORT AND IS A MATERIAL INDUCEMENT FOR REPOWER GRANTING THE RIGHTS HEREIN.
EXPORT CONTROLS
You acknowledge that the software and information utilized in creating the Site are subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Site and use of the REPOWER Services, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by the United States and by other governments.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and your use of the Site are governed and interpreted in accordance with the laws of the State of Arizona without regard to its conflicts of law provisions. The United Nations Convention on the International Sale of Goods does not apply.
Any dispute arising between the parties out of or in connection with this Agreement will be finally resolved by arbitration conducted by one arbitrator in Scottsdale, Arizona pursuant to the International Arbitration Rules of the American Arbitration Association (“AAA”) applicable to commercial disputes. The Federal Arbitration Act, 9 U.S.C. Sec. 1-16, not state law, will govern such dispute. The arbitrator's award will be final and binding and may be entered in any court having jurisdiction thereof. Each party will bear its own costs and attorneys' fees, and will share equally in the fees and expenses of the arbitrator. The arbitration will be conducted in English, the governing language of these Terms.
Nothing in this section will restrict the ability of REPOWER or its licensors to pursue any legal or equitable remedy or to obtain an injunction to protect any rights REPOWER or its licensors may have rising out of or relating to the REPOWER Services or any of REPOWER's or its licensors’ intellectual property rights. Any breach of these Terms by you will cause REPOWER and its licensors irreparable harm for which there is no adequate legal remedy. In the event of any actual or threatened breach of these Terms by you, REPOWER and/or its licensors are entitled to obtain injunctive and all other appropriate relief from a court of competent authority, without being required to: (i) show any actual damage or irreparable harm, (ii) prove the inadequacy of its legal remedies, or (iii) post any bond or other security.
END USER WARRANTIES; INDEMNIFCATION
You warrant that you shall use the Site in accordance with these Terms and all other terms and guidelines incorporated herein.
You will defend, indemnify and hold harmless REPOWER, its affiliates, subsidiaries, independent contractors, service providers, consultants and suppliers, and their respective directors, employees and agents, against any expense, claim, losses (actual and consequential), damages, liability or cost suffered by REPOWER as a result of (a) any actual or alleged breach by you of the warranties contained herein, (b) any actual or alleged breach of these Terms, the End-User Agreement or any other REPOWER agreement, policy or guideline, (c) your wrongful or improper use of the Site; (d) any Submission or transaction submitted by you; or (e) your violation of the rights of any third party.
MISCELLANEOUS PROVISIONS
A failure to exercise or delay in exercising a right or remedy under these Terms shall not constitute a waiver of that right or any other right or remedy. A waiver of a breach of these Terms does not constitute a waiver of any other breach of these Terms. The rights and remedies contained in these Terms are cumulative and not exclusive of any rights or remedies provided by law.
The invalidity, illegality or unenforceability of any provision of these Terms shall not affect or impact the continuation in force of the remainder of these Terms.
Nothing in these Terms shall be construed as creating a partnership or joint venture of any kind between the parties or as constituting either party as the agent of the other and neither party shall have the authority or power to bind the other or to contract in the name of or create a liability against the other party in any way.
NOTICES
Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the Site, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the Site.
