ProformanceSRN.com Terms of Service
Last Updated Date: March 6, 2019
Welcome to , (collectively, including all software, content and functionality available through the Proformance Sports Rehab & Nutrition.com domain name, the "Website" or "Proformance Sports Rehab & Nutrition.com"). We are Proformance Sports Rehab & Nutrition, Inc. ("Proformance Sports Rehab & Nutrition," "we," "us," or "our") a Maryland LLC. We are located at 1927 Lincoln Dr 21401. THIS TERMS OF SERVICE GOVERNS YOUR USE OF THE WEBSITE AT PROFORMANCESRN.COM ("Website"), MOBILE SOFTWARE APPLICATION (THE "App") AND SERVICES PROVIDED BY OR ENABLED VIA THE WEBSITE AND APP ("Services"). BY CLICKING ON THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS, DOWNLOADING THE APP AND/OR BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH PROFORMANCE SPORTS REHAB & NUTRITION, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THIS TERMS OF SERVICE PERSONALLY OR ON BEHALF OF THE ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT ENTITY TO THIS TERMS OF SERVICE. THE TERM "YOU" REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.
PLEASE BE AWARE THAT SECTION 24 OF THIS TERMS OF SERVICE, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS TERMS OF SERVICE. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
The Services are designed to facilitate the scheduling of online reservations between you and service providers who make their services, classes, and other schedulable events available at the Website, App and Services. The Website, App and Services also allows you to cancel future reservations or re-book past reservations ("Services").
2. Changes to Terms
The Last Updated Date of these Terms of Service is set forth at the top of this webpage. As we add new features, we may revise or supplement these Terms of Service. Your continued use of the Website after the Effective Date constitutes your acceptance of these Terms of Service, as amended. As of the Effective Date, the amended Terms of Service supersedes all previous versions of or agreements, notices or statements about these Terms of Service. Nothing in these Terms of Service will be deemed to confer any third-party rights or benefits.
You must be the age of legal majority or older in your place of residence to use the Website, App and Services, and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. The Website, App and Services are not intended for anyone under 16. If you are under 16 years of age, then please do not use the Website, App or Services.
4. Links to Other Websites and Services
The Website contains links to other websites and services that we think may interest you, including social networking (collectively, "Linked Services"). Linked Services are not under the control of Proformance Sports Rehab & Nutrition and Proformance Sports Rehab & Nutrition is not responsible for Linked Services or for any information or materials on, or any form of transmission received from, any Linked Service. The inclusion of a link does not imply endorsement by Proformance Sports Rehab & Nutrition of the Linked Services or any association with the operators of the Linked Services. Proformance Sports Rehab & Nutrition does not investigate, verify or monitor the Linked Services. Proformance Sports Rehab & Nutrition provides links to Linked Services for your convenience only. You access Linked Services at your own risk.
5. Additional Terms
Certain features of the Website may be subject to additional terms ("Additional Terms") presented in conjunction with them. Regardless of how they are presented to you, you must agree to Additional Terms before using the features of the Service to which they apply. Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into these Terms of Service. If you do not agree to Additional Terms, then you may not use the Service to which they relate. These Terms of Service and Additional Terms apply equally but, if any Additional Term is inconsistent with any provision of these Terms of Service, the Additional Term will prevail for the Service to which the Additional Terms apply.
6. Service Provider Agreements; Release
Your interactions with Service Providers may be governed by separate Terms of Service and privacy policies ("Service Provider Agreements") of those Service Providers. These Service Provider Agreements may be made available through this Website or by visiting the Service Provider's website. Accordingly, we encourage you to read the Service Provider Agreements presented through this Website and of each other website that you visit.
YOU AGREE THAT SERVICE PROVIDER AGREEMENTS ARE BETWEEN YOU AND THE SERVICE PROVIDER. PROFORMANCE SPORTS REHAB & NUTRITION IS NOT A PARTY TO SERVICE PROVIDER AGREEMENTS. YOU FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS PROFORMANCE SPORTS REHAB & NUTRITION FROM ANY CLAIMS, DAMAGES, OR LOSSES ARISING OUT OF OR RELATED TO SERVICE PROVIDER AGREEMENTS.
You hereby release PROFORMANCE SPORTS REHAB & NUTRITION, its affiliates and their successors (each, a "PROFORMANCE SPORTS REHAB & NUTRITION Party" and collectively, the "PROFORMANCE SPORTS REHAB & NUTRITION Parties") from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of other users, including Service Providers, or third-party websites of any kind arising in connection with or as a result of this Terms of Service or your use of the Website, App and/or Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a PROFORMANCE SPORTS REHAB & NUTRITION Party or for such party's fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder.
7. App Stores
You acknowledge and agree that the availability of the App and the Services is dependent on the third party from whom you received the App license, e.g., the Apple App Store or Google Play ("App Store"). You acknowledge that the Terms of Service are between you and PROFORMANCE SPORTS REHAB & NUTRITION and not with the App Store. PROFORMANCE SPORTS REHAB & NUTRITION, not the App Store, is solely responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store's terms and policies) when using the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms of Service and will have the right to enforce them.
In connection with certain services for which reservations are made available on the Service, Service Providers may require you to enter credit card or other payment information, and such Service Providers may charge fees for reservations, including cancelled and missed appointments. By entering your payment information when requested, you authorize Service Providers and payment processors to charge and process the fees and charges assessed in connection with your reservations. While Proformance Sports Rehab & Nutrition takes reasonable efforts to ensure secure transmission of your information to third parties who assess and process payments, Proformance Sports Rehab & Nutrition is not responsible for any fees or charges assessed by third parties or any errors in the processing of payments by third parties, including any errors that result from third-party negligence, improper transmission of payment information, your mistaken submission of payment information, or your submission of erroneous payment information.
9. Service Updates and Availability
Proformance Sports Rehab & Nutrition reserves the right to change or discontinue, or restrict or block access to, any aspect of the Website, App and/or Service at any time. Although we generally intend for the Website, App and Services to be available 24/7, it will not be available during maintenance, changes and outages and may not be available for other reasons.
Although the Service is intended to provide a Service Provider's availability in real-time, it is possible that a scheduling conflict may occur that requires the Service Provider to reschedule your reservation. Creation of a reservation using the Service is not a guarantee that the Service Provider will honor the reservation as scheduled.
Proformance Sports Rehab & Nutrition is not responsible for providing customer support, bug fixes, documentation, or any other support for the Service.
Proformance Sports Rehab & Nutrition cannot guarantee availability of the Service to any user.
10. Your Account and Responsibilities
You must create a user account to schedule reservations at the Service. You agree that information you provide when creating a user account at the Website or within the App is true and accurate, and that you will update this information promptly should it change. Failure to provide accurate information is a breach of these Terms of Service. You are solely responsible for the activity that occurs on your account, and you must keep your account password confidential and secure. You must notify Proformance Sports Rehab & Nutrition immediately of any breach of security or unauthorized use of your account. You agree that we may attribute to you all use that occurs under your account and password, and you will be legally bound by the transactions that occur under your account even if the person using your password had no actual authority.
When you schedule a reservation via the Service, you agree that you will either show up for your reservation as scheduled or cancel your reservation according to the cancellation policy of the Service Provider. You agree that you will not schedule reservations you do not intend to keep.
You agree that you are at least 16 years of age and otherwise are eligible to schedule reservations with Service Providers on the Service.
You agree that your use of the Website, App and/or Service is at your own risk. Although Proformance Sports Rehab & Nutrition will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Proformance Sports Rehab & Nutrition or others due to such unauthorized use.
You agree that you will not use the Service to impersonate or schedule reservations on behalf of another individual. You may never use another's account without permission.
You agree not to distribute in any medium any part of the Service without Proformance Sports Rehab & Nutrition's prior written authorization.
You agree not to alter or modify any part of the Website, App or Service.
You agree not to access Proformance Sports Rehab & Nutrition Content through any technology or means other than the explicitly authorized means Proformance Sports Rehab & Nutrition may designate.
You agree not to use the Website, App or Service for any commercial use, without the prior written authorization of Proformance Sports Rehab & Nutrition. Prohibited commercial uses include any of the following actions taken without Proformance Sports Rehab & Nutrition's express approval:
· sale of access to the Website, App or Service or its related services on another website;
· use of the Website, App or Service or its related services for the primary purpose of gaining advertising or subscription revenue;
· the sale of advertising, on the Website, App or Service or any third-party website, targeted to Proformance Sports Rehab & Nutrition Content; and
· any use of the Website, App or Service that Proformance Sports Rehab & Nutrition finds, in its sole discretion, to use Proformance Sports Rehab & Nutrition's resources with the effect of competing with or displacing the market for Proformance Sports Rehab & Nutrition services.
You agree not to use or launch any automated system, such as "robots," "spiders," or "offline readers," that access the Website, App or Service in a manner that sends numerous request messages to the Proformance Sports Rehab & Nutrition servers in a given period of time. Notwithstanding the foregoing, Proformance Sports Rehab & Nutrition grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials. Proformance Sports Rehab & Nutrition reserves the right to revoke these exceptions either generally or in specific cases.
In connection with your use of the Website, App and Services, you shall not:
· collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any solicitation purposes;
· solicit, for commercial purposes, any users of the Website;
· harm minors in any way;
· impersonate any person or entity, including, but not limited to, Proformance Sports Rehab & Nutrition personnel, or falsely state or otherwise misrepresent your affiliate with a person or entity;
· make available any content that you do not have the right to make available under any law or under contractual or fiduciary relationships;
· make available any content that infringes the rights of any person or entity;
· intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
· stalk, assault or otherwise harass any other user of the Website, App or Services; or
· advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
In your use of the Website, App or Service, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations. You also agree not to:
· attempt to access any service or area of the Website, App or Service that you are not authorized to access;
· alter information on or obtained from the Website, App or Service;
· reverse engineer any aspect of the Website, App or Service or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, Content or code of the Website, App or Service (except as otherwise expressly permitted by law);
· send to or otherwise impact us or the Website, App or Service (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware", "adware" or other code that could adversely impact the Website or any recipient;
· take any action which might impose a significant burden (as determined by us) on Website, App, Service, infrastructure, or otherwise interfere with the ordinary operation or mission of the Website; and
· "frame" all or any portion of the Website or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose.
From time to time, Proformance Sports Rehab & Nutrition may offer you the opportunity to participate in challenges or other promotions (collectively, "Promotions"). You may not transfer, assign, sell, trade or barter any prize, premium of other benefit you receive through a Promotion. ANY PRIZE, PREMIUM OR OTHER BENEFIT IS AWARDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM Proformance Sports Rehab & Nutrition, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
We reserve the right to modify, terminate or suspend the availability of Promotions and to correct errors or inconsistencies in Promotion-related materials. We may disqualify any individual who tampers with any Promotion. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF A PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO SEEK DAMAGES FROM SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to be bound by our decisions, which are final and binding in all matters relating to Promotions. Promotions are subject to all applicable federal, state and local laws, rules and regulations. Promotions are void where they are prohibited, restricted or taxed.
BY PARTICIPATING IN A PROMOTION, YOU AGREE TO RELEASE PROFORMANCE SPORTS REHAB & NUTRITION AND ITS AGENTS FROM ANY AND ALL LIABILITY, LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY OR THE RECEIPT, USE OR MISUSE OF ANY PRIZE OR PREMIUM THAT YOU MAY RECEIVE.
When you create a reservation at the Website, App or Service, you are entering into a business relationship with the scheduled Service Provider. You agree that as a result of this business relationship, the Service Provider can contact you via e-mail or other means to confirm details of the reservation, notify you of reservation cancellations, reschedule your reservation, or communicate other information relevant to the business relationship.
As a courtesy to you, the Service may send e-mail communication relevant to your reservation (new reservation notices, reservation reminders, cancellation notices, etc.). You agree that these e-mail communications do not constitute unsolicited marketing e-mail (sometimes referred to as ''SPAM'') and as such are not subject to our unsubscribe policy. You also agree that you may not receive these messages in a timely manner (if at all) due to server error, ISP error, internet traffic, e-mail filters, or any other circumstances. Failure to receive or read a courtesy reservation message will in no way absolve you from fulfilling your reservation responsibilities to the Service Provider (attending the reservation or canceling the reservation according to the Service Provider's cancellation policy).
Service Providers with whom you schedule reservations through the Service may send you business-related e-mail messages that are not directly related to reservations. Using the unsubscribe link available in these e-mails, you will have the option of unsubscribing from such communications without impacting your receipt of reservation-related messages. You must unsubscribe separately to each Service Provider because each Service Provider maintains a separate unsubscribe list. You acknowledge that Proformance Sports Rehab & Nutrition is not responsible for the content or transmission of any e-mails or other messages sent by Service Providers who make reservations available through the Service, including any failure by such third parties to include an unsubscribe link in their e-mails.
Certain Service Providers and features of the Service may offer text messaging (SMS or MMS) services. Message and data rates may apply. Once you opt-in to receive text messages from us, the frequency of text messages that we send to you depends on your transactions with us. All charges are billed by and payable to your wireless service provider. Please contact your wireless service provider for pricing plans and details. Text message services are provided on an "as is" basis and may not be available in all areas at all times.
BY AGREEING TO RECEIVE TEXT MESSAGES, YOU UNDERSTAND AND AGREE THAT PROFORMANCE SPORTS REHAB & NUTRITION MAY USE AN AUTOMATIC DIALING SYSTEM TO DELIVER TEXT MESSAGES TO YOU AND THAT YOUR CONSENT TO RECEIVE TEXT MESSAGES IS NOT REQUIRED AS A CONDITION OF PURCHASE FOR ANY GOODS OR SERVICES.
13. Website Content and Marks
Proformance Sports Rehab & Nutrition and its licensors retain full and complete title to all information and materials provided on or through or submitted to the Website, including any artwork, graphics, text, video and audio clips, trademarks, logos and other content (collectively, "Content"). The name "Proformance Sports Rehab & Nutrition" and the Proformance Sports Rehab & Nutrition Logo, and other trademarks used in the Website are trademarks of Proformance Sports Rehab & Nutrition or its affiliates and may not be used in connection with the products or services of others in any manner that is likely to cause confusion. All other trademarks not owned by Proformance Sports Rehab & Nutrition that appear on the Website or within the App are the property of their respective owners. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Proformance Sports Rehab & Nutrition reserves all rights not expressly granted in and to the Website, App, Services and the Content.
You may access Proformance Sports Rehab & Nutrition Content only as permitted under these Terms of Service. Proformance Sports Rehab & Nutrition reserves all rights not expressly granted in and to the Proformance Sports Rehab & Nutrition Content and the Website.
You agree not to use, copy or distribute any of the Content, other than as expressly permitted by these Terms of Service. The use, copying or distribution of the Content for commercial purposes is prohibited. You may not copy, distribute, alter, merge, modify, adapt or translate the Website or App. You may not modify the Website or App, or create derivative works based upon the Website or App. You may not sell, rent, lease, or sublicense the Website or App.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Website, App or Services that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or its Content, or attempt to place the Website's systems under unreasonable load.
You may not access the Website, App or Services to develop any software or other technology having the same primary function as the Website, App or Services, including but not limited to using the Website or App in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Website.
14. Account and User Access Termination Policy
Proformance Sports Rehab & Nutrition may terminate your access to its Website, App, and/or Services, and cancel your account, for any reason, including if Proformance Sports Rehab & Nutrition determines that you have breached these Terms of Service (with all other rights of both parties and all other provisions of these Terms of Service surviving any such termination).
15. DMCA Copyright Notice and Takedown Policy
If you are a copyright owner and you believe your work has been copied and used improperly on the Website or App, please contact our copyright compliance officer. Pursuant to 17 U.S.C. § 512(c), to be effective, the notification to us must include the following information: (1) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) description of the work you claim has been infringed and the description and location of the alleged infringement within the Website or App; (3) your contact information including address, telephone number and e-mail address; (4) a written statement that you have a good faith belief the accused usage is infringing; and (5) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner.
Contact our copyright agent at:
Proformance Sports Rehab & Nutrition, Inc
2637 Streamview dr.
Odenton, MD 21113
Please note that under Section 512(f) of the Digital Millennium Copyright Act ("DMCA"), any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material on the Website or App is infringing, we suggest that you contact an attorney prior to sending notice.
16. Warranty Disclaimers
YOU AGREE THAT YOUR USE OF THE WEBSITE, APP AND SERVICE WILL BE AT YOUR SOLE RISK AND THAT THE WEBSITE, APP AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, PROFORMANCE SPORTS REHAB & NUTRITION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES IN CONNECTION WITH THE WEBSITE AND YOUR USE OF IT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY.
PROFORMANCE SPORTS REHAB & NUTRITION MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICES' CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE OR APP AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, APP OR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, APP OR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE, APP OR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 WEBSITE, APP OR SERVICE.
PROFORMANCE SPORTS REHAB & NUTRITION DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A SERVICE PROVIDER THROUGH THE WEBSITE, APP OR SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.
PROFORMANCE SPORTS REHAB & NUTRITION WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN PARTICULAR, PROFORMANCE SPORTS REHAB & NUTRITION MAKES NO GUARANTEE REGARDING THE AVAILABILITY OF ANY SERVICES PROVIDED BY THIRD PARTIES WHO MAKE RESERVATIONS AVAILABLE THROUGH THE WEBSITE. IN ADDITION, PROFORMANCE SPORTS REHAB & NUTRITION HAS NO CONTROL OVER CANCELLATION FEES OR OTHER CHARGES ASSESSED BY SERVICE PROVIDERS WHO MAKE RESERVATIONS AVAILABLE THROUGH PROFORMANCE SPORTS REHAB & NUTRITION.COM. ANY DISPUTE YOU MAY HAVE REGARDING THE QUALITY, PERFORMANCE, AVAILABILITY, OR CHARGES ASSOCIATED WITH SERVICES PROVIDED BY THIRD PARTIES SHOULD BE ADDRESSED TO THOSE PARTIES, NOT PROFORMANCE SPORTS REHAB & NUTRITION.
PROFORMANCE SPORTS REHAB & NUTRITION FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
17. Limitation of Liability
IN NO EVENT WILL PROFORMANCE SPORTS REHAB & NUTRITION, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY SERVICE PROVIDER, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT DIRECT DAMAGES ARE LIMITED TO YOUR ACTUAL DAMAGES, OR FIVE DOLLARS, WHICHEVER IS LESS. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT PROFORMANCE SPORTS REHAB & NUTRITION WILL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SERVICE PROVIDER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
18. Notice to California Residents
If the Website is at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:
The provider of the Website is:
Proformance Sports Rehab & Nutrition, Inc
Branden J. Cohen
2637 Streamview dr.
Odenton, MD 21113
If the Website is deemed an electronic commercial service, you may file a complaint regarding the Website or to receive further information regarding use of the Website by sending a letter to the attention of "Legal Department" at the above address.
19. International Use
If you are not a United States resident and you are accessing our Website from outside the United States, you agree to transfer certain information outside your home country to us and that you will follow all the laws that apply to you.
Proformance Sports Rehab & Nutrition's servers and operations are located primarily in the United States and our policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to users located outside of the United States: (i) you consent to the transfer, storage, and processing of your information to and in the United States and/or other countries; (ii) if you are using the Website from a country embargoed by the United States, or are on the United States Treasury Department's list of "Specially Designated Nationals," you are not authorized to access or use the Website; and (iii) you agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Website. The Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that which would subject Proformance Sports Rehab & Nutrition or its affiliates to any registration requirement within such jurisdiction or country.
You agree to defend, indemnify and hold harmless Proformance Sports Rehab & Nutrition, and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned in whole or part by Proformance Sports Rehab & Nutrition without restriction. Proformance Sports Rehab & Nutrition may freely transfer or assign these Terms of Service and/or its rights herein, in whole or in part.
You agree that: (i) the Website, App and Service will be deemed solely based in Maryland; and (ii) the Website, App and Service will be deemed a passive website that does not give rise to personal jurisdiction over Proformance Sports Rehab & Nutrition, either specific or general, in jurisdictions other than Maryland. These Terms of Service will be governed by the internal substantive laws of the State of Maryland, without respect to its conflict of laws principles. Subject to Section 24, any claim or dispute between you and Proformance Sports Rehab & Nutrition that arises in whole or in part from the Website will be decided exclusively by a court of competent jurisdiction located in or otherwise serving Gallatin County, Maryland.
YOU AND PROFORMANCE SPORTS REHAB & NUTRITION AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You may not use, export, import, or transfer the App except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the App, and any other applicable laws. In particular, but without limitation, the App may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the App, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
23. Additional Notices
Notice: No Harvesting or Dictionary Attacks Allowed:
WE WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES MAINTAINED BY US TO ANY OTHER PARTY FOR THE PURPOSES OF INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGES EXCEPT AS AUTHORIZED AS APPROPRIATE BY OUR PERSONNEL OR POLICIES.
EXCEPT FOR PARTIES AUTHORIZED TO HAVE ADDRESSES MAINTAINED BY US, PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THE TRANSMISSION TO OUR COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. "CAN-SPAM ACT OF 2003") THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OF SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.
24. Dispute Resolution. Please read the following arbitration agreement in this Section ("Arbitration Agreement") carefully. It requires you to arbitrate disputes with PROFORMANCE SPORTS REHAB & NUTRITION and limits the manner in which you can seek relief from us.
24.1 Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Website, the Services, or to any aspect of your relationship with PROFORMANCE SPORTS REHAB & NUTRITION, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or PROFORMANCE SPORTS REHAB & NUTRITION may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
24.2 Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at Proformance Sports Rehab & Nutrition, 2637 Streamview Dr., Odenton, MD 21113. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS's most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS's filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Company will pay them for you. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
24.3 Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and PROFORMANCE SPORTS REHAB & NUTRITION. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
24.4 Waiver of Jury Trial. YOU AND PROFORMANCE SPORTS REHAB & NUTRITION HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and PROFORMANCE SPORTS REHAB & NUTRITION are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 24.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
24.5 Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection's limitations as to a given claim for relief, than the claim must be severed from the arbitration and brought into the State Courts located in Gallatin County, Maryland or Federal Courts located in Helena, Maryland. All other claims shall be arbitrated.
24.6 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Proformance Sports Rehab & Nutrition, c/o Arbitration Opt Out, 2637 Streamview Dr. Odenton, Maryland 21113, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your PROFORMANCE SPORTS REHAB & NUTRITION username (if any), the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
24.7 Severability. Except as provided in subsection 24.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
24.8 Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with PROFORMANCE SPORTS REHAB & NUTRITION.
24.9 Modification. Notwithstanding any provision in this Terms of Service to the contrary, we agree that if PROFORMANCE SPORTS REHAB & NUTRITION makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing PROFORMANCE SPORTS REHAB & NUTRITION at the following address: Proformance Sports Rehab & Nutrition, 2637 Streamview Dr. Odenton, MD, 21113 Att: Branden Cohen.
25. Questions about the Service
If you have a question about the Website, please contact Proformance Sports Rehab & Nutrition using the information below:
Proformance Sports Rehab & Nutrition, Inc
Proformance Sports Rehab & Nutrition, Inc
2637 Streamview dr.
Odenton, MD 21113