Thank you for visiting the Vitalize Physical Therapy website, provided to you by Vitalize Physical Therapy LLC. Please review the following terms carefully as they contain important information about your rights and obligations. This document sets forth the terms and conditions that apply to your use of the Vitalize Physical Therapy website.  If you do not accept these terms and conditions, do not use this website. Because these terms are subject to change from time to time by posted updates, please check back periodically.

 

Terms of Use Agreement

 

The effective date of this Terms of Use Agreement (“Agreement”) is March 1, 2019.  This version of the Agreement replaces and supersedes any prior terms of use applicable to the Vitalize Physical Therapy website located at https://www.vitalizeindy.com/ (the “Site”). 

 

This Site is owned by Vitalize Physical Therapy LLC (“Vitalize,” “we,” “us” and “our,” as applicable).  Vitalize provides this Site and related services to you (the “user,” “you” and “your”, as applicable), the user of this Site, only for your personal use and subject to your acceptance of and compliance with this Terms of Use Agreement.  Please read the terms contained herein carefully before using this Site and/or the services associated therewith.  Your use of this Site and the associated services confirms your unconditional acceptance of this Agreement. 

 

Changes to this Agreement

 

1. We reserve the right, in our sole discretion, to revise this Agreement at any time.  Any changes to these terms will be included in a revised version of this Agreement accessible through the Site.  Your use of the Site and any related services following posting of any changes to this Agreement constitutes your unconditional acceptance and agreement to be bound by the revised Agreement.  You must cease using the Site if you do not agree to be bound by the revised Agreement.

 

Privacy Information

 

2. By visiting or using this Site, contacting us through this Site or making submissions to the Site, you consent to our collection and use of personal information as discussed in our Privacy Policy, which is hereby incorporated into this Agreement.  A copy of the Privacy Policy can be accessed here. 

 

General Use and Site License

 

3. This Site and its related services are intended only for use by those who are 18 years of age or older and of the age of majority in the jurisdiction in which they reside.  If you are not 18 or older and of the age of majority in the jurisdiction in which you reside, you cannot use this Site without the accompaniment and supervision of your parent or legal guardian.  If you are a parent or legal guardian, you agree that you will monitor and supervise the use of this Site by children, minors and others under your care, and you agree to be responsible for their use of this Site.  Any use of this Site by persons not of the age of majority in the jurisdiction in which they reside and without parental consent can result in immediate termination of your use of this Site and/or any affiliated services. 

 

4. We grant you a limited, nonexclusive and revocable license to make use of the Site, including on any mobile devices you may own.  You may view, copy, download or print materials from this Site for your own internal, non-commercial use, provided that the materials are not modified and all proprietary notices are kept intact.  In this context, “internal, non-commercial use” does not include posting, uploading or otherwise publishing the materials to any other site absent our express written permission.  This license does not include any rights not specifically enumerated herein.  You agree to use this Site only for lawful purposes and in accordance with this Agreement.

 

5. Without altering the scope of the license, and except as expressly provided for in this Agreement, this license does not include the right (a) to modify, adapt, translate, copy, reproduce, imitate, distribute, publish or resell the Site or any of the content on the Site, including but not limited to the trademarks and copyrights of Vitalize, or to make derivative use of the Site or its contents; (b) to make commercial use of the Site or any of its contents; (c) to bypass any technical measures, if any, used to prevent or restrict access to any portion of the Site; (d) to reverse engineer, decompile or disassemble the Site, or to convert into human readable form any of the contents of this Site not intended to be so read, including but not limited to using or directly viewing the underlying code for the Site except as interpreted and displayed in a web browser; (e) to use any data mining, robots or similar automated data gathering and extraction tools to access the Site; (f) to violate or attempt to violate the security of the Site, (g) to interfere with or attempt to interfere with the proper working of the Site or otherwise engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Vitalize or users of the Site or expose them to liability; (h) to alter or modify, or attempt to modify, any part of the Site; (i) to attempt to gain unauthorized access to any portion of the Site or any systems or networks connected to the Site through hacking, cracking, mining, phishing or any other means; or (j) to use reports, content, electronic documentation or other materials available on the Site to feed any downstream product, application or website.  

 

6. You agree not to use the Site for any purpose that is unlawful or prohibited by this Agreement or to solicit the performance of any illegal activity, to stalk or harass other users of the Site, or to engage in any other activity which infringes the rights of Vitalize or any other third parties.  You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any systems or networks connected to the Site. 

 

7. You acknowledge that your use of this Site is at our sole discretion, and your license to use the Site may be terminated by us at any time, for any reason or for no reason.  We reserve the right, in our sole discretion, to refuse service or to block or prevent future access to and use of this Site.  Following termination of this license, the terms of this Agreement shall still apply to the extent practicable.

 

Intellectual Property Rights

 

8. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips, text and other material, is the property of Vitalize or its suppliers, licensors or partners and is protected by United States and International copyright laws.  Any and all content on this Site is either the property of Vitalize or is used by us with the permission of its owner.  The compilation of this Site is the exclusive property of Vitalize and is protected by United States and International copyright laws.  You agree that you will not take any actions inconsistent with Vitalize’s ownership of the Site and its content or its copyrights. 

 

9. The trademarks, logos and service marks displayed on this Site are owned by Vitalize and other third parties, and this Site’s trade dress is owned by Vitalize.  All trademarks not owned by Vitalize are the property of their respective owners.  Nothing contained on this Site may be construed as granting, by implication, estoppel or otherwise, any right or license to use any trademark.  Vitalize’s trademarks and/or trade dress may not be copied, imitated or used, in whole or in part (including use in metatags or in hidden text), without our prior written permission.  You agree that you will not take any actions inconsistent with Vitalize’s ownership of, or any third party’s ownership of, the trademarks and trade dress used on this Site.

 

10. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity and/or communications regulations and statutes. 

 

11. If you voluntarily provide any contact information when using the Site, then we may use that information to communicate with you by mail, email, text and/or telephone. If you wish to opt-out from receiving e-communications, please email vitalizeindy@gmail.com with the details of your opt-out request. Please allow up to 10 business days before the unsubscribe takes effect.

 

Site Promotions

 

12. We are not responsible for typographical or other errors or omissions regarding products, services or other information provided on this Site.  All product and/or service sales and promotions are subject to the terms of this Agreement, in addition to any other terms that may apply.  Promotional offers and prices are available for a limited time as specified on the Site.  Promotions and availability are subject to change without prior notice. 

 

No Health Advice

 

13. The information Vitalize provides on its Site is provided for your general informational purposes only and is not a substitute for professional advice that is catered to you and your particular situation. You should not act upon this information without consulting with an appropriate health care professional, like the qualified care providers at Vitalize.  Any reliance upon any text, content, blog posts, statements, suggestions, strategies, tactics or other information available through the Site is at your own risk and under no circumstances will Vitalize be liable for any damage caused by reliance thereupon.

 

Links to Third Party Sites

 

14. This Site may contain links to third-party websites or other resources, over which we may have no direct control and all of which may have their own set of rules and guidelines for usage of their sites and services.  We have not reviewed the accuracy of the content of any linked third party site.  No endorsement of any such linked third party site is made, either express or implied.  Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and that we do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.  You further acknowledge and agree that we 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 content, goods or services available on or through any such site or resource.  Use of such links is at your own risk.

 

Disclaimer of Warranties; Indemnification; Resolution of Disputes

 

15. Vitalize provides this Site and the associated goods and services in connection with one or more third party agents.  Any terms and conditions related to the disclaimer of warranties, your obligation to indemnify Vitalize and your available remedy in the event of any dispute apply equally with respect to these affiliated agents.

 

16. THIS SITE, ITS CONTENT AND ANY ASSOCIATED SERVICES ARE PROVIDED BY VITALIZE ON AN “AS IS” AND “AS AVAILABLE” BASIS.  VITALIZE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH.  TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, VITALIZE DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE.  FURTHER, VITALIZE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.  VITALIZE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS SITE.  VITALIZE DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR COMPUTER CODE THAT MAY BE TRANSFERRED TO YOUR COMPUTER WHEN DOWNLOADED.  IF YOUR USE OF THE WEBSITE AND OF THE CONTENT CONTAINED THEREIN RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, VITALIZE IS NOT RESPONSIBLE FOR THOSE COSTS.   

 

17. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK.  VITALIZE DOES NOT WARRANT OR GUARANTEE THAT ITS SERVICES WILL PROVIDE ANY DESIRED RESULT, THAT ITS SITE, SERVERS OR EMAILS SENT BY OR ON BEHALF OF VITALIZE ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS.  FURTHER, VITALIZE DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND VITALIZE OR BETWEEN YOU AND ANY OTHER USER OF THE SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.

 

18. VITALIZE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF VITALIZE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  WITHOUT LIMITING THE FOREGOING, VITALIZE WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF THIS SITE, OR FROM YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON VITALIZE’S COMPUTERS AND/OR SERVERS.  VITALIZE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT YOU ALLEGE ARISE OUT OF OR ARE RELATED TO YOUR USE OF VITALIZE’S SERVICES.  IN NO EVENT SHALL THE AGGREGATE LIABILITY OF VITALIZE — WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY — ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED THE LESSER OF $5,000 OR TOTAL AMOUNT YOU PAID TO VITALIZE TO ACCESS ITS SERVICES AND/OR SITE.

 

19. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

20. You agree to indemnify, defend and hold harmless Vitalize and its agents, officers, directors and employees, from and against any claim, demand, damages, cost and expenses, including reasonable attorney fees, arising from or related to your use of this Site and the services provided in connection with the Site, or your breach of any provision of this Agreement or any warranty provided hereunder. 

 

21. You agree that if you are dissatisfied with the Site or any services offered in connection with the Site, if you do not agree with any part of this Agreement, or you have any other dispute or claim with or against Vitalize with respect to this Agreement or the Site, your sole and exclusive remedy is to discontinue using the Site and any services offered in connection with the Site.

 

22. This Site is created and maintained by Vitalize in the State of Indiana.  You agree that the laws of the State of Indiana, without giving effect to any principles of conflicts of laws, will govern this Agreement and any dispute of any sort that may arise between you and Vitalize. 

 

23. Regardless of where you access this Site, you agree that any action or proceeding arising out of this Agreement or your use of the Site and/or services, whether at law or in equity, must be brought in the state or federal courts located in Hamilton County, Indiana, and you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts. 

 

24. You further agree to file any cause of action with respect to this Agreement within one year after the cause of action arises.  You agree that a cause of action filed after this date is barred.

 

General Information

 

25. This Agreement represents the entire understanding between the parties regarding your use of the Site, and supersedes all other agreements, express or implied, between them.  This Agreement shall not be modified except as provided for herein or except in writing, signed by an authorized representative of Vitalize.  If any provision of this Agreement is determined to be invalid or unenforceable for any reason whatsoever, the remainder of this Agreement shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of this Agreement.  Vitalize’s failure to act with respect to a breach of this Agreement by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under this Agreement.

 

26. 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 and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

27. Any rights not expressly granted herein are reserved.

 

Contact Information

 

If you have any questions or suggestions regarding this Agreement, please contact us at:

Vitalize Physical Therapy LLC

109 North Union Street

Westfield, IN 46074

vitalizeindy@gmail.com