REACTIV, INC. TERMS OF USE

Last Updated: July 13, 2021

 

1. Agreement to Terms of Use

 

The following Terms of Use (“Terms” or “Agreement”) govern your access to and use of Reactiv’s (“Company”) website, mobile application (collectively “the Platform”), and all other services we provide (“Services”) Please read the Terms carefully. Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access the Platform and use the Services in accordance with these Terms.

 

Your use of the Services constitutes your agreement to be bound by all terms. If you disagree with one or more of these terms or find them unacceptable in any way, please do not use the Services.

 

Company makes certain telehealth-related and other health-related information available to you and/or facilitates access to telemedicine and medical services. This Agreement is divided into two parts. Part One explains all of the terms that govern your use of the Services. Part Two contains additional legal terms, including provisions that limit our liability to you and require individual arbitration for any potential legal dispute. To use the Services, you must accept all of the terms of this Agreement.

 

2. Changes to Terms of Use

We have the right to change or add to the terms of this Agreement at any time by posting the amended Terms on the Platform. Any use of the Services after our publication of any such changes shall constitute your acceptance of the Terms as modified. However, any dispute that arose before the modification shall be governed by the Terms (including the binding individual arbitration clause) that were published and in place at the time when the dispute arose.

WARNING!

REACTIV DOES NOT PROVIDE MEDICAL CARE ON AN EMERGENCY BASIS ANYWHERE AT ANY TIME AND IS NOT A SUBSTITUTE FOR YOUR PHYSICIAN (PRIMARY CARE OR SPECIALIST). IN THE EVENT OF AN EMERGENCY, CALL 911 OR PROCEED TO THE NEAREST EMERGENCY ROOM.  THIS IS NOT AN EMERGENCY SERVICE. PLEASE DO NOT DELAY SEEKING CARE IN A MEDICAL EMERGENCY BECAUSE OF YOUR COMMUNICATION WITH REACTIV.

 

Part One: Terms Governing Use of the Platform and Services

3. Grant of License

Subject to the terms of this Agreement, Company grants me, and I hereby accept from Company, a limited, nonexclusive, nontransferable license (without a right of sublicense) to access and use the Services and Platform and any user documentation related to the Services which is made available to me from time to time by Company, exclusively for my internal use, subject to the following conditions. Company reserves the right, for any reason, in its sole discretion to terminate, change, suspend or discontinue any aspect of the Services (including, without limitation, content, features, hours of availability, or pricing), my access to or use of the Services, or remove any of my content, at any time, for any reason or for no reason at all, without notice and without penalty. 

 

4. Age Limitations

The Platform is not intended for anyone under the age of 18, without the consent of a parent or guardian. If you are under 18 years of age, please do not use or access the Platform, without the consent of a parent or guardian. By using the Platform, you affirm that you are over the age of 18 or that you have the consent of a parent or guardian. Company does not seek through the Platform to gather personal information from or about persons under the age of 18 without the consent of a parent or guardian.

5. Information on this Platform is Not Professional Advice

 

All data, information, text, graphics, links, and other material on this Platform are provided as a convenience to our Platform visitors. Except as to information provided or communicated by the Company’s health professionals in the course of a telehealth encounter directly between you and a health professional, the information provided on this Platform is for general informational and educational purposes only. The information provided on our Platform is not intended to serve as medical or other professional advice and is not to be used for diagnosis or treatment of any condition or symptom. Information provided on this Platform does not constitute the provision or practice of medical or professional health care advice or services.

 

You should consult your physician or other qualified health care provider regarding any specific questions you may have. You should never disregard professional advice or delay in seeking treatment based on the information contained on this Platform or other websites linked to or from it.

 

6. Restricted Use

You may use this Platform only to the extent that you obey all laws, rules, and regulations applicable to your use of this Platform. In using the Platform, you agree not to:

  • Send or otherwise transmit to or through the Platform any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Platform or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;

  • Misrepresent your identity or affiliation in any way;

  • Restrict or inhibit any person from using the Platform, disclose personal information obtained from the Platform or collect information about users of the Platform;

  • Reverse engineer, disassemble or decompile any section or technology on the Platform, or attempt to do any of the foregoing;

    • Gain unauthorized access to the Platform, to other users’ accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Platform;

    • Launch or use any automated system, including without limitation “robots,” “spiders,” or “offline readers,” that access the Platform in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;

    • Send or otherwise transmit to or through the Platform chain letters, unsolicited messages, so-called "spamming" or "phishing" messages, or messages marketing or advertising goods and services;

    • Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;

    • Violate any applicable laws or regulations in any way;

    • Alter or modify any part of the content or services offered on or through the Platform;

    • Allow any other person to use the Platforms with your registration or login information;

    • Breach or otherwise circumvent Company’s security or authentication measures; and

    • Assist or permit any persons in engaging in any of the activities described above.

 

7. Your Privacy

Upon acceptance of these Terms you confirm that you have read, understood, and accepted Company’s Online Privacy Policy. You acknowledge that any questions about the use of your personal information (including your name, email address, mailing address, gender, date of birth, any personal or protected health information, or, any data about you that you elect to provide electronically through the Platform and any other information that identifies who you are) may be used by Company solely in accordance with these Terms and Company's Online Privacy Policy (or as otherwise agreed upon between you and Company in writing).

 

8. Registration

Registration is not required to view certain content on the Platform. However, to use some parts of the Platform and Services you may be required to register and provide certain information about yourself, including your e-mail address and password (“Credentials”). If you become a registered member of the Platform, you accept responsibility for all activities that occur under your registration account. You agree to provide true, accurate, complete, and correct information at the time of registration, and to promptly update this information as needed so that it remains true, accurate, complete, and correct. You should keep your Credentials private and not share your Credentials with anyone else. You are responsible for maintaining the confidentiality of your Credentials. If you believe someone has accessed the Platform using your Credentials without your authorization, e-mail us immediately at info@reactivrehab.com.

 

9. Transactions

If you wish to purchase products or services described or linked to on the Platform (each such purchase, a “Transaction”), Company or the third party provider of the product or service will request certain information from you that is applicable to your Transaction, including, without limitation, credit card and other payment and shipping information. You understand that, if any such information is provided to Company, then Company shall treat any such information in the manner described in our Online Privacy Policy. By supplying such information, you grant Company the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. You agree to pay all charges incurred by you or any users of your membership account or credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. You shall also be responsible for paying any applicable taxes relating to your purchases. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MECHANISM USED IN CONNECTION WITH ANY TRANSACTION.

 

Descriptions or images of, or references to, products or services on the Platform do not imply Company’s endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, to limit the order quantity on any product or service and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to Company’s acceptance of any order. Price and availability of any product or service are subject to change without notice. Company is not responsible for errors in the prices or descriptions of any product or service. Refunds and exchanges shall be subject to Company’s and/or any applicable third party’s refund and exchange policies in effect at the time of the applicable Transaction. Current rates for any product or service available through the Platform may be obtained by sending an email to info@reactivrehab.com.

 

10. Insurance Not Accepted; Client’s Responsibility for Payment.

I understand and acknowledge that Company, its affiliates, and its personnel are not in-network and, therefore, are not paid or reimbursed for the items and services provided by managed care plans, Medicare, Medicaid, commercial health insurance, or any other third party payor programs and do not accept insurance for such services.  I UNDERSTAND THAT I WILL BE BILLED DIRECTLY AND SHALL BE PERSONALLY RESPONSIBLE FOR PAYMENT, REGARDLESS OF WHETHER I AM OR WILL BE REIMBURSED BY A MANAGED CARE PLAN OR OTHER THIRD-PARTY PAYOR.

 

We suggest that you contact your health insurance provider before your first visit and discuss what information you need in order to maximize your out-of-network benefits. Upon request, a detailed invoice (“superbill”) for each encounter with appropriate codes will be provided to you. It is your responsibility to submit the superbill to your insurance provider and follow up with the insurance company to ensure that you are reimbursed.

 

I hereby agree to pay all charges due or that become due to Company for care and treatment. All payment is due prior to or at the time of the delivery of any services, unless otherwise agreed upon by Company.  Should I terminate this Agreement after Company has begun to provide services, I will be responsible for payment for all services rendered by Company through the date on which services actually terminate.  I understand that if my account is overdue, I am responsible for resolving the outstanding balance prior to my Services cancellation.  Services may be discontinued on either a temporary or permanent basis if the balance is not paid as provided for herein.  I understand and agree that I am accepting financial responsibility for this debt and will be required to pay for all services provided by Company I agree to pay any and all costs and expenses incurred by Company in the collection of this debt, including but not limited to court costs, attorneys’ fees, and costs of appeal.

 

11. No Federal or State Health Care Program Beneficiaries

BY SIGNING BELOW, I AFFIRMATIVELY CERTIFY THAT I AM NOT COVERED BY ANY FEDERAL OR STATE HEALTH CARE PROGRAM INCLUDING, BUT NOT LIMITED TO, MEDICARE, MEDICAID, AND TRICARE.  Furthermore, I agree to notify Company immediately and prior to any new services being rendered should my status change with respect to any state or federal health care program. I also agree and acknowledge that no services received from Company will be submitted to any federal or state health care program for reimbursement.  Company does NOT treat patients who are covered by any federal or state health care program.

 

12. Credit Card Authorizations

If I pay by credit card, I authorize the Company to charge the credit card for services rendered in accordance with the terms and conditions of this Agreement. I understand and acknowledge that any charges made to my credit card under this Agreement will constitute a “final sale.”  The amount to be charged to the credit card shall be determined in accordance with the payment terms of the Agreement.  Notwithstanding any rejection or declination of the credit card for any reason, I agree to be liable and financially responsible for any and all Fees and charges due for the Services.  If there is a credit card dispute, Company may immediately suspend acceptance of the credit card and demand payment in full of all amounts due in cash, by electronic transfer or by certified check.  If there is a limitation on individual transactions, Company may divide the total charge into incremental portions in order to process the charge on the credit card.

 

13. AGREEMENT TO REVIEW ALL CONTENT

You understand that you must read and understand this Consent Form and Telehealth Authorization, Terms of Use, Privacy Policy, and all other information provided about specific services before you begin interacting and using our Platform. You understand that to read important information, you may need to both click on links and various titles to expand the information that’s visible below, and that, without clicking on links and titles, you will not be able to read important information that enables you to give informed consent to treatment.

 

14. AGREEMENT TO ANSWER TRUTHFULLY AND USE OUR PLATFORM HONESTLY

You understand that by, using our Platform, you accept the responsibility to provide full and truthful answers to all questions and, when requested, to provide all other data in the most accurate form possible. Company relies exclusively upon information that you provide to decide whether or not treatment is safe and appropriate, and, if you provide incorrect information, then you will be at greater risk of adverse events from any treatment that the provider recommends and you receive that isn’t necessary, appropriate, or safe. It is important that you do not create more than one account. Creating more than one account makes it impossible for Company to see the full history of services that you have received from us. This increases the chances that Company will not have access to important information in your medical record that could influence the provider’s clinical decision.

 

15. Social Media and Online Communities

Company may provide you opportunities to share information on third party social media sites or platforms such as Facebook, Instagram, LinkedIn, Twitter, Google+, or other similar sites (collectively, “Social Media Sites”). Company may also provide you opportunities to participate in online communities on such Social Media Sites and may host discussion boards, chats, and other forums on this Platform. For example, you may use your Instagram handle and tag your photos and postings (“Tagged Content”) with hashtags that we may provide from time to time in order to submit your Tagged Content for potential use on our Platform. If you post Tagged Content with hashtags as we may provide from time to time, your activity and participation is governed by these Terms. Additionally, you remain responsible for your compliance with other applicable Terms such as those of Instagram or other Social Media Sites. Without limitation of any other obligations, you agree that you will be respectful of others and their privacy and will not submit photos of others without their express permission. Company may terminate or restrict your access to the Platform at any time.

 

16. Selection and Removal of Tagged Content

Company will review Tagged Content and select certain Tagged Content for posting on our Platform; we make no guarantee that your Tagged Content will be posted. Notwithstanding the foregoing, you remain fully responsible and liable for your Tagged Content and its compliance with these Terms, other applicable terms of use and applicable laws. If your Tagged Content is posted to our Platform, you may request removal of your Tagged Content by marking it as “private” in your Social Media Platform account or by emailing us at info@reactivrehab.com.

 

17. Monitoring

We have no obligation to monitor any related websites, chats, discussion boards or any other materials that you or third parties transmit or post on or to the Platform or related websites, if any. However, you acknowledge and agree that we have the right (but not the obligation) to monitor the Platform, discussion boards, the chats, and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a chat or discussion board); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Platform properly, to protect ourselves, our sponsors, and our other clients and visitors, and to comply with legal obligations or governmental requests.

 

18. Copyright Notice

 

This Platform is owned and operated solely by Company. The entire contents and design of the Platform are protected by U.S. and international copyright law. Company owns all trademarks, trade secrets and other intellectual property rights, in and to the Platform and any related materials and documentation. No title or ownership of the Platform or any portion thereof is transferred to you hereunder. Company reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Platform. All rights regarding the Platform and materials contained on the Platform are either owned by Company, are licensed to it, or are used with permission. Company and its licensors retain and reserve all proprietary rights to the contents of this Platform.

 

You may not copy, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from Company. You may link to, view, download, use, display and print a single copy of the materials found on this Platform only for personal, noncommercial, and informational purposes as long as: (1) you do not alter or modify the materials in any way; (2) you include all applicable copyright, trademark and other notices and disclaimers; and (3) you do not use the materials in a way that suggests an association with Company or an affiliated entity. All such copies must include, at a minimum, the following copyright notice: “Copyright © 2021 Reactiv All rights reserved.” Any other use of the Platform or the information contained here is strictly prohibited. Company may terminate the above license at any time for any reason. If you breach any of these terms your license terminates immediately and automatically and without notice. Upon the termination of this license you must stop using this Platform, including all content, and return or destroy all copies, including electronic copies, of the content in your possession or control.

You may provide input, comments or suggestions regarding the Platform (“Feedback”). You acknowledge and agree that Company may use any Feedback without any obligation to you and you hereby grant Company a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as Company may deem appropriate, without restriction, for any and all commercial and/or non-commercial purposes, in its sole discretion.

 

19. Copyright Infringement – DMCA Notice

The Digital Millennium Copyright Act (the “DMCA”) provides remedies for copyright holders who believe in good faith that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that content or material on this Platform infringes a valid copyright owned by you, you (or your agent) may send Company a notice requesting that the material be removed, or access to it blocked. This request should be sent to info@reactivrehab.com.

 

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Platform should be sent to the email address above.

 

20. Trademark Notice

 

Company names and logos and all related product and service names, design marks, and slogans are the trademarks or service marks of Company. All rights are reserved. You are not authorized to use any Company name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Company. All other trademarks appearing on the Platform are the property of their respective owners.

 

21. Security

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

 

 

Part Two: Additional Legal Terms

 

22. Representation and Warranties

You represent and warrant to us that: (a) you are at least eighteen (18) years of age; and (b) your use of this Platform will be in compliance with these Terms; (iii) the information you have provided to Company in your registration is accurate and complete, (iv) you will comply with any and all laws applicable to your use of the Platform, (v) you will not interfere with a third party's use and enjoyment of the Platform, (vi) you will not interfere with or disrupt Company’s or its vendors’ security measures, (vii) if any information you provide to Company becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify Company, (viii) you acknowledge that any fees paid by you or by any other persons on your behalf are not provided in exchange for any undertaking by Company or its representatives that such healthcare services will be made available to you, and (ix) you are accessing the Platform for yourself or a child under the age of eighteen (18) for whom you are the legal guardian.

 

23. No Warranties

USE OF THIS PLATFORM IS AT YOUR OWN RISK AND CONTENT ON THE PLATFORM IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THIS PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, COMPANY, ANY AFFILIATED COMPANY ENTITY, THEIR PROCESSORS, PROVIDERS, LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES) (COLLECTIVELY “COMPANY PARTIES”) DO NOT WARRANT THAT THE CONTENT IS ACCURATE, ERROR-FREE, RELIABLE, COMPLETE OR CORRECT; THAT THIS PLATFORM WILL MEET YOUR REQUIREMENTS; THAT THIS PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THIS PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS PLATFORM IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

 

COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS PLATFORM OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

24. Indemnity

BY VISITING THIS PLATFORM, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COMPANY, AND COMPANY PARTIES FROM AND AGAINST ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS, SETTLEMENTS, COSTS, LOSSES, DAMAGES, TAX ASSESSMENTS, PENALTIES, INTEREST AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) ARISING OUT OF ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER CLAIM YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THIS PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS FOR DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY, COPYRIGHT OR TRADEMARK INFRINGEMENT RESULTING FROM YOUR SUBMISSIONS OF ANY CONTENT, TAGGED CONTENT OR OTHER MATERIALS, ANY ECONOMIC HARM, LOST PROFITS, DAMAGES TO BUSINESS, DATA OR COMPUTER SYSTEMS, OR ANY DAMAGES RESULTING FROM RELIANCE ON ANY CONTENT OR RESULTING FROM ANY INTERRUPTIONS, WORK STOPPAGES, COMPUTER FAILURES, DELETION OF FILES, ERRORS, OMISSIONS, INACCURACIES, DEFECTS, VIRUSES, DELAYS OR MISTAKES OF ANY KIND, EVEN IF YOU HAVE PREVIOUSLY ADVISED COMPANY OF THE POSSIBILITY OF SUCH CLAIM.

 

25. Limitation of Liability and Damages

THE USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM AND ANY OF ITS SERVICES IS TO STOP USING THE PLATFORM OR SERVICE. YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL ANY OF COMPANY PARTIES BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS PLATFORM OR THE MATERIALS ON THIS PLATFORM. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

 

26. Grievances

If I feel that I am being mistreated or treated inappropriately and wish to complain, I may do so by submitting a written complaint to Company at info@reactivrehab.com.  Company will review my complaint and the findings and recommendations will be reported back to me within three (3) business days.  

 

27. Disputes

If a dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. Please contact us at info@reactivrehab.com with any dispute. If we cannot resolve your concerns, we agree to an informal and inexpensive dispute resolution process requiring individual arbitration. “Disputes” between you and Company, including Company Parties, are defined for the purposes of these Terms to include any claim, controversy, or dispute (whether involving contract, tort, equitable, statutory, or any other legal theory) between you and Company including, but not limited to, any claims relating in any way to these Terms (including its breach, termination, or interpretation), any other aspect of our relationship, Company advertising, and any use of Company services.

 

28. Binding Individual Arbitration

You and Company agree to arbitrate all Disputes. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON A INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST COMPANY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by ADR Services, Inc. or any other neutral service agreed to by the parties according to this provision and the applicable arbitration rules for that forum. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will occur in New York, New York, or another mutually agreeable location, or a location ordered by the arbitrator. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The prevailing party in any arbitration hereunder shall be awarded reasonable attorneys’ fees, expert and non-expert witness costs and any other expenses incurred directly or indirectly with said arbitration, including without limitation the fees and expenses of the arbitrator(s). For purposes of this arbitration provision, references to you and Company also include respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns.

 

29. Jurisdiction

Information provided on Company’s Platform is not targeted to users in any particular locality nor is it intended to constitute the doing of business in any jurisdiction.

 

This Platform is a service provided by Company and does not constitute any contact with any jurisdiction outside the State of New York. Use of this Platform is prohibited in any jurisdiction having laws that would void this Agreement in whole or essential part or which makes accessing the Platform illegal. Users in such jurisdictions visit and use this Platform entirely at their own risk. Note: the essential parts of this Agreement include, without limitation, the exclusive remedy provisions and the warranty disclaimers.

 

This Agreement is entered into and performed in the State of New York, United States of America. It is governed by and shall be construed under the laws of New York, exclusive of any choice of law or conflict of law provisions.

 

30. Requests for Information

If you contact Company and request information about our programs or services, we will use your email or postal address to provide the information you requested. You agree that we may use and share information you provide us as described in our online Privacy Policy.

 

31. Limitation on Time to Initiate a Dispute

Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.

 

32. Links to Other Websites

Company Platform may contain links to third party websites as a convenience to you. The inclusion of any website link does imply an approval, endorsement, or recommendation by Company. You agree that you access any such website at your own risk, and that the Platform is not governed by the Terms contained in these Terms. Company expressly disclaims any liability for these websites. Please remember that when you use a link to go from our Platform to another website, Company’s Online Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our Platform, is subject to that website’s own rules and policies.

 

33. Downloadable Files and Email

Company cannot and does not guarantee or warrant that email or files available for downloading from its Platform will be free of viruses or other code that may contaminate or destroy data on your computer. You are responsible for implementing sufficient protective procedures and checks to maintain the accuracy of your data for maintaining a data back-up or other means for the reconstruction of any lost data. Company does not assume any responsibility or risk for damage to your computer or its files related to your use of the Platform or Services.

 

34. Assignment

You may not assign any rights or obligations under this Agreement without Company’s prior written consent. Company may assign all or part of this Agreement.

 

35. Termination; Survival

If you violate these Terms, your ability to use the Platform will be terminated. Company may, in its sole discretion, terminate your access to the Platform, or any portion thereof, for any reason whatsoever without prior notice. These actions are in addition to any other right or remedy Company may have available at law. Further, Company shall not be liable to you or any third party for any such termination or discontinuance. You may terminate these Terms by ceasing to access and use the Platform. Upon any termination of these Terms you must immediately cease use of the Platform. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination and your warranties and indemnities shall survive any termination of these Terms. All sections of this Agreement which, by their nature are designed to survive expiration or termination of this Agreement, including but not limited to indemnity and limitation of liability clauses, shall survive.

 

36. Waiver

No waiver of any of these terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 

37. Notices

You agree that we may provide any and all notices to you by e-mail, telephone, fax, as well as by any other method.

 

38. Severability

If any of the provisions of this Agreement are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain its full force and effect.

 

39. Entire Agreement; Amendment

This Agreement constitutes the entire agreement between you and Company applicable to its subject matter. It may not be modified except as described elsewhere in this Agreement.

 

40. Conflicting Terms

Anything on the Platform inconsistent or in conflict with the terms of this Agreement is superseded by the terms of this Agreement.

 

41. Electronic Document

This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a "writing" or "in writing", and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

42. Force Majeure

Company shall not be liable for any injury, damage, claim, loss, or failure in performance under this Agreement resulting, directly or indirectly, from activities beyond Company’s control, including without limitation acts of God, accidents, fires, explosions, earthquakes, floods, failure of transportation, equipment, or supplies, vandalism, strikes, infectious diseases, or other similar causes beyond control.

 

43. Language

English shall be the language of these Terms and the parties waive any right to use and rely upon any other language or translations.

 

44. Contact Information

Please contact us with any questions or concerns regarding this Agreement at info@reactivrehab.com.