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Fitness Professional
Physical Therapist
Jim Herkimer, DPT, MS, ATC
CEO/Executive Director, Sports Conditioning and Rehabilitation (SCAR)
sportsconditioningandrehab.com/home
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MedFitNetwork connects various health care providers to the user (“You”) by presenting information (credentials, affiliations, phone numbers, photos, etc.) garnered from said Providers in a user-friendly web format. Use of MedFitNetwork .org (“Website”) constitutes your acceptance of the following: (1) the terms of use enumerated below (2) MedFitNetwork ’s privacy policy (Link). If You do not agree with each and all of the following terms and the privacy policy, do not use MedFitNetwork .org. TERMS OF USE 1. Code of Conduct In connection with use of MedFitNetwork , You represent and warrant that You: (a) are above the age of eighteen (18); (b) will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws; (c) will not submit any material that may be considered by MedFitNetwork to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person's privacy or proprietary rights, or racially, ethnically or otherwise objectionable; (d) will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with MedFitNetwork , or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating; (e) will not submit material that is encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website; (f) will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means); (g) will not use the Service in any manner that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights; (h) have sufficient rights in and to all Content that You provide, transmit or otherwise convey to MedFitNetwork in connection with the Service. 2. MedFitNetwork does NOT provide medical advice The contents of the MedFitNetwork , such as text, graphics, images, information obtained from licensors, and other material contained on the MedFitNetwork ("Content") are for informational purposes only. The Website Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of Your physician or other qualified health provider with any questions You may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something You have read on MedFitNetwork.org. If You think You may have a medical emergency, call Your doctor or 911 immediately. MedFitNetwork.org does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. MedFitNetwork is not a health or wellness provider and cannot recommend or refer You to any health or wellness provider. Reliance on any information provided by MedFitNetwork, MedFitNetwork . employees, others appearing on the Website at the invitation of MedFitNetwork, or other visitors to the Website is solely at Your own risk. The Website may contain health-related materials that are sexually explicit. If You find these materials offensive, You may not want to use our Website. You should be aware that if You post any health-related information about Yourself or anyone else on this Website, You do so at Your own risk. If You post Website Content about services rendered to another individual, You represent that You have the legal authority to receive health information about that individual and related to the Website Content from that individual's health care providers and that You have the legal authority to further disclose such health information. If You post health-related information, You will be placing it into the public domain and it will not be protected by any federal or state laws that protect the privacy of health information. You also acknowledge that the health care or wellness provider about whom you submit Content may submit Service Provider Content that contain your private or confidential health information in response to Content you submit. Medical Fitness Network is not liable for any such Service Provider Content. Except as otherwise provided in this Agreement, neither MedFitNetwork, nor any of its users, has any legal obligation to keep Your health information confidential if You post it to this Website and it may be used for purposes that are unintended by You or MedFitNetwork. 3. Intellectual Property All content on this Site, including but not limited to images, text, code, graphical designs, and logos are the sole property of MedFitNetwork . Unauthorized use, reproduction, distribution, display, or creation of derivative materials is prohibited and could subject you to civil and/or criminal liability. Your use of the MedFitNetwork site does not create any interest in the intellectual property of Medical Fitness Network. You agree that you will not use MedFitNetwork.org for any purpose other than personal use, and have no authority to use the content of the site, including MedFitNetwork's trademarks and copyrighted materials, for any purpose other than those expressly provided on MedFitNetwork.org. 4. Modifications to Policy MedFitNetwork reserves the right to change it’s terms of use and/or its privacy policy at any time without notice to you. Please review these policies regularly to ensure that you agree to the latest version of the terms and conditions of use. 5. No Warranty You agree that your use of the Site shall be at your sole risk. To the fullest extent permitted by law, Medical Fitness Network, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Site and your use thereof. This includes but is not limited to Implied Warranty of Merchantability, Fitness for a Particular Purpose and Non Infringement. Medical Fitness Network makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site. MedFitNetwork assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Site, (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 Site, (v) any bugs, viruses, or the like that may be transmitted to or through our Site by any third party, (vi) any injuries, problems, or other adverse reactions that may result from performing or utilizing any exercises, trainers, or information on the Site, and/or (vii) 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 Site. 6. Limitation of Liability You agree that in no event shall MedFitNetwork or its representatives or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to, use of, and/or use of any information from, our Site, (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 Site, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Site by any third party, and/or (vi) 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 Site. Such limitation shall apply to the fullest extent authorized by the law of the governing jurisdiction. You specifically acknowledge that MedFitNetwork shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. You further specifically acknowledge that MedFitNetwork is not responsible for and in no event shall be liable to for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any third party event hosted, advertised, or otherwise listed or linked to this Site. 7. Indemnity You agree to defend, indemnify, and hold MedFitNetwork, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions. 8. Governing Law This Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of California. Each of the parties irrevocably consents to the exclusive personal jurisdiction of the federal and state courts located in California, as applicable, for any matter arising out of or relating to this Agreement, except that in actions seeking to enforce any order or any judgment of such federal or state courts located in California, such personal jurisdiction shall be nonexclusive. 9. Arbitration You agree that all claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of California or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.
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