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Terms Of Use and Service
IMPORTANT: Please review the following terms and conditions carefully. These Website Terms of Use & Service (these “Terms”) are a legally binding contract between you (“you”, “your”, “Member”, or “the user”) and Airrosti Rehab Centers, LLC and Airrosti Remote, Inc. (referred to collectively herein as “Airrosti”, “our”, “we”, or “us”) pertaining to your access and use of the online services offered, and all products, information, blogs, content, media, printed Materials (as defined below) and “online” or other electronic documentation accessible from the website airrosti.com or any sub-domains thereof or other websites, including without limitation the Member portal (“Member Portal”), operated by or for Airrosti (collectively, the “Sites”), our apps that we may provide, the Flex Powered by Airrosti platform, and all health and wellness guidance, content, and services that we may offer from time to time (collectively, the “Services”) made available or provided from the Sites. The Terms explain the relationship between us and the user when the user accesses and uses the Sites, when the user is required to register and provide a password on the Services (when applicable), and when the user uses any online or application (including related documentation) that may be offered through the Services from time to time. Before accessing and using the Services, please carefully read these Terms and our Privacy Notice carefully. These Terms contain, among other things, an arbitration provision containing a class action waiver. If you do not agree to these terms, do not use the Services. You must be 18 years of age or older to use the Services and Member Portal., and you may be asked to certify such as part of the account activation process. Your use of the Services means that you represent that you are 18 years of age or older and that you agree to these Terms.
Changes to these Terms; Electronic Signature Consent to These Terms and Online Agreements
Please read these Terms carefully, as your access to and use of the Sites constitutes your acceptance of these Terms and our Privacy Policy. Airrosti reserves the right to change these Terms at its sole discretion and at any time by reasonable notice, including without limitation by posting revised terms on the Services (which shall constitute reasonable notice), and such amended terms shall be binding upon you. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. You agree to review these Terms periodically to ensure that you are aware of any modifications. We do not make changes that have a retroactive effect, unless we are legally required to do so. Any amended Terms will supersede all previous versions of the Terms. For this reason, we encourage you to review these Terms each time you access or use the Services.
By accessing the Services and, where prompted, clicking “I agree”, you agree to conduct all transactions by electronic means, and Airrosti and you hereby state that electronic signatures shall have the same force and effect as an original signatures with respect to these Terms and all written agreements entered into between you and Airrosti on the Services.
Services
Airrosti may offer from time to time certain features on the Services (including without limitation online account payment, account information, online appointment scheduling, health coach search capability, health history, live chat and certain public forums, including blog posts, message boards, testimonials, videos, social media feeds, and newsletters). We reserve the right to withdraw the Services, or any service or material we provide on through the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users. The following terms pertain to your ability to use the Services made available by Airrosti:
Flex Powered By Airrosti. One of the Services you may be utilizing is our Flex Powered by Airrosti program (“Flex”), which is a program for prevention and wellness related to musculoskeletal conditions. Flex provides a variety of content, products, and services, which may include, as applicable, provision of devices or other hardware and software related to exercise monitoring, data analysis, personalized musculoskeletal health education, and access to Airrosti’s wireless, mobile, and web-based musculoskeletal condition management systems and technologies. As part of Flex, you may receive different levels of monitoring and support by Airrosti’s health coaches. If your Airrosti health coach determines that additional support or care is needed, he or she may recommend that you seek care from a licensed medical or healthcare professional. Airrosti may make certain healthcare related information available to you and/or such other healthcare professional to facilitate your access to healthcare services. Flex does not provide clinical services, is independent from healthcare providers who may provide any clinical services to you (even if such healthcare providers a part of a different service line of Airrosti), and is not responsible for such healthcare providers’ acts, omissions, or for any content of the communications made by them. The Flex health coaches do not engage in the practice of medicine, chiropractic, physical therapy, or provide any other clinical services. By participating in Flex, you hereby certify that you will not seek payment for the Flex Services from any state healthcare program such as Medicaid. You also understand that if you are seeking evaluation, diagnosis, or treatment for an injury for which benefits are recovered or can be recovered under any workers’ compensation, employer’s liability, personal injury protection insurance, or occupational disease law, you are not eligible to utilize Flex. If you provide false or deceptive information regarding your federal or state healthcare program enrollment status (including Medicare or Medicaid) or workers’ compensation or personal injury related injury, we reserve the right to immediately terminate all current or future use of Flex by you.
Member Portal Use. The Member Portal is an Internet application that enables a user to have secure web-based access to personal health and wellness information, as released by the Flex health coach, and allows a user to view past appointment information as well as schedule future appointments. You represent and warrant that you are accessing and viewing portions of your health information and other available information and data, relating to your receipt of services from Flex health coaches, contained on the Member Portal for the following purposes and only to the extent permissible under all applicable laws regarding the privacy of health information: (i) to communicate securely within the Member Portal; (ii) to view and update your account, contact and personal information; (iii) create and make payments and review payments made; and (iv) to set up appointment reminders, view coaching visit summaries, coaching and wellness guidance, upcoming appointments, previous appointments and educational Materials. All information created, stored, and processed in the Member Portal may be protected by law.
Using, accessing, and/or browsing the Site or Member Portal or providing personal health history does not create a physician-patient or provider-patient relationship between you and Airrosti or any of its employees and/or affiliates. Unless otherwise expressed to you in writing, nothing in the Service is intended to create a physician-patient or provider-patient relationship, or to replace the services of a licensed, trained, in-person physician or other health professional or be a substitute for medical advice of a physician or trained health professional licensed in your state. You should not rely on anything contained in the Site or Member Portal, and you should consult a medical provider licensed in your state in all matters relating to your health.
Access to the Member Portal is provided by invitation only. Upon receiving an invitation from Airrosti, you will be asked to set up an account, which may include providing information about your health and wellness history, as well as signing certain consent and privacy forms. By your electronic signature on these forms, you represent that you have read and accept the forms, without modification, and agree to abide by any terms set forth therein. Please be aware that use of the Member Portal, Services, and Sites should not be used and is not intended to replace any relationship you have with your healthcare provider(s). Any content accessed through the Service is not intended to cover all possible uses, directions, precautions, or adverse effects. The Service should not be used during a medical emergency. Do not ignore or delay obtaining professional medical advice because of information accessed through the Service. You should consult a healthcare professional for diagnosis and treatment of any particular health problems or before taking any drug, changing your diet, or commencing or discontinuing any course of treatment. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the Service.
Payment Online. The Member Portal allows for online payment on your Airrosti account. This payment feature is provided by a third-party vendor and use of this feature is subject to these Terms to the extent the terms set forth in these Terms are not contrary to the forms or other service agreements between you and the third-party vendor. All Airrosti-generated electronic health records are subject to state and federal regulations governing the security and confidentiality of health records. In order to make payment online, you must submit the necessary contact and payment information, including, without limitation, your name, address, credit card, and email. You are responsible for the accuracy of the information in your account(s) supplied by you to Airrosti. By providing such information to Airrosti by any means (e.g.: email, fax, telephone, mail, etc.), you represent that any information or Materials provided by you shall be accurate, complete, and correct and that you have lawful right to provide such information to Airrosti for use by Airrosti and its authorized vendors. You must be 18 years of age or over. By using the Services’ payment method, you confirm that you possess the legal authority to enter into the conditions of use for the Services, including, without limitation, instructing Airrosti or its authorized vendors to collect any payments from a credit or debit card, and to use the Services in accordance with these Terms. Billing to your credit card or to your account occurs at the time of payment or shortly thereafter. All health services paid on the Services are subject to these Terms, which contain certain warranty and liability limitations. You agree that you are responsible for all charges incurred by your use of the Services and you expressly authorize Airrosti to charge the credit card provided by you or listed on your account for any outstanding fees or costs due to Airrosti.
Posted Content. The Sites may contain interactive features that allow users to post, submit, publish, display or transmit to other users or other persons content or Materials on or through the Services. All such user information or content posted must comply with these Terms. You acknowledge and agree that any information or content posted to Airrosti’s social media pages, including without limitation its blog, testimonials, Facebook page or X (f/k/a Twitter) account, may be viewed by the general public and will not be treated as private or confidential. You agree that Airrosti may use (or not use, at Airrosti’s sole discretion) any content posted on or through Airrosti’s social media pages or the Services, including your photograph, in any manner that it deems necessary or appropriate to the extent compliant with applicable law. You authorize Airrosti and its affiliates and licensees, without compensation to you or others, to copy, reproduce, incorporate, distribute, publicly display or otherwise use such information in furtherance of its operations throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such content, and such permission may not be revoked for any reason. To the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any content posted by you. By posting such content, including without limitation text, photos, video or audio recordings, on Airrosti’s social media pages or the Services, you represent and warrant to Airrosti that you own or have the right to use and permit Airrosti to use such content in the manner stated above. If you identify yourself by name or provide a picture or audio or video recording of yourself on Airrosti’s social media pages or one of our public forums on the Services to the extent compliant with applicable law, you further authorize Airrosti and its affiliates and licensees (without compensation to you or others) to reproduce, print, publish, and disseminate in any format or media (whether now known or hereafter created) your name, voice and likenesses in furtherance of Airrosti’s operations throughout the world, and any such permission cannot be revoked for any reason. Although Airrosti reserves the right to remove without notice any posting for any reason, Airrosti has no obligation to delete content that you personally may find objectionable or offensive.
Availability of Service. Airrosti reserves the right to establish general practices and limits concerning the Services at any time (and may modify such practices and limits at its sole discretion). YOU AGREE THAT AIRROSTI SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO DELIVER OR STORE ANY INFORMATION, PICTURES, CONTENT OR EMAIL PROVIDED BY OR STORED BY YOU, REGARDLESS OF WHETHER SUCH DELETION OR FAILURE WAS DUE TO THE ESTABLISHED PRACTICES OR LIMITS OF THE SERVICES OR AS A RESULT OF ERROR, INTENTIONAL MISCONDUCT, OR NEGLIGENCE OF AIRROSTI. YOU AGREE THAT AIRROSTI SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SUCH MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICES.
Privacy and Security of Health Information. All health information viewed through the Member Portal is strictly confidential and is subject to the protection of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), and certain privacy and security regulations promulgated by the U.S. Department of Health and Human Services to implement certain provisions of HIPAA and the Health Information Technology for Economic and Clinical Health Act, as modified by the Omnibus Final Rule, as well as other applicable federal and state privacy and security laws and regulations, which regulate and limit the use and disclosure of your protected health information. Airrosti is committed to protecting the privacy and security of protected health information gathered by or through the Sites in conformance with applicable law. Any communication of healthcare information not communicated through the Member Portal is not intended to be specific to any particular person’s medical condition or health information request. You represent and warrant that your access to, and use of the Member Portal, will not: (i) violate any applicable laws; (ii) be defamatory, deceptive, offensive, discriminatory, obscene, or otherwise inappropriate; (iii) consist of “spamming”, sending unsolicited bulk e-mail or other messages, or sending unsolicited advertising; (iv) be threatening or harassing; (v) involve impersonating another person; or (vi) violate the terms and conditions or use of any application, software, or other function made available by Airrosti.
Password Protection. You must have a password to access the Services online via your account. You are responsible for maintaining the secrecy of your password and protecting against unauthorized use of your password. You also are responsible for all activities that occur under your password and user name or your account made by you or others. You will immediately notify Airrosti at the contact information below if your password is lost, stolen, disclosed to an unauthorized third party or otherwise has been compromised or if there is any other breach of security. You must ensure that you exit from your account at the end of each session. You will be permitted to access only those portions of the Services for which you have been granted permission to use by Airrosti.
Account Requirements. To access the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that you agree to: (i) provide true, accurate, current, and complete information about yourself as prompted by our account activation form; and (ii) maintain and promptly update such account information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services or any portion thereof. You agree that all information you provide to register with the Services or otherwise including, but not limited to, through the use of any interactive features on the Sites, is governed by our Privacy Policy (https://www.airrosti.com/privacy-policy/), and you consent to all actions we take with respect to your information consistent with our Privacy Policy. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Indemnification. EXCEPT TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW, YOU HEREBY AGREE TO INDEMNIFY AND HOLD AIRROSTI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS AND SUPPLIERS HARMLESS FROM AND AGAINST ANY LAWSUIT, CLAIM, DAMAGE, JUDGMENTS, AWARDS, LOSSES, COSTS, LIABILITY, FEES OR EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED BY AIRROSTI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS AND SUPPLIERS PERTAINING TO YOUR VIOLATION OF THESE TERMS, YOUR USE OF THE SERVICES, AIRROSTI’S USE OF THE INFORMATION AND CONTENT PROVIDED BY YOU, YOUR FAILURE TO ABIDE BY THE ACCEPTABLE USE POLICY (SET FORTH BELOW) AND/OR OUR PRIVACY NOTICE, YOUR WILLFUL MISCONDUCT OR NEGLIGENCE, OR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHT OR RIGHT OF PUBLICITY OR PRIVACY OF ANY THIRD PARTY THAT RELATES TO ANY INFORMATION, IMAGE, VOICE, NAME OR CONTENT PROVIDED BY YOU, EVEN IF ANY SUCH CLAIMS, DAMAGES, LIABILITY OR EXPENSE ARE BASED IN WHOLE OR IN PART ON AIRROSTI’S OWN NEGLIGENCE. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU AGREE TO ASSIST AND COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES. IN NO EVENT SHALL AIRROSTI’S AGGREGATE AND COMPLETE LIABILITY TO YOU AND ANY THIRD PARTY IN CONNECTION WITH ANY AND ALL OF THE SERVICES, HOWEVER ARISING, EXCEED A MAXIMUM OF $100.00.
Privacy Policy and Security
We strive to make using the Services safe and secure. Any and all information that we obtain from you, including names, addresses, telephone numbers, e-mail addresses, credit card numbers, and any other information concerning use, transactions, and traffic through the Services may be collected and used by us as provided in our Privacy Notice. Any credit card information you submit is encrypted so that it cannot be read as it travels over the Internet.
Acceptable Use Policy for the Services & Sites.
You will not, and will not allow or authorize others to, use the Services or the Sites to take any actions that: (i) infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous conduct, hateful, discrimination based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) involve the unauthorized entry to any machine accessible via the Services or interference with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (v) impersonate any person or entity, including, without limitation, one of Airrosti’s or other’s officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services; (vii) send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms; (viii) engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Airrosti or users of the Services or expose them to liability; (ix) could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services; (x) use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services; or (xi) collect or store personal data about other account users or attempt to gain access to other users’ accounts or otherwise mine information about other users or the Services.
Restricted Use of the Services’ Materials
The content, organization, graphics, design, compilation, and other matters related to the Services are protected under applicable U.S. and international copyright, trademark and intellectual property laws. Unless otherwise indicated, Airrosti, its licensors or other providers hold the copyright to all Materials on the Services, including without limitation, research materials, documents, advertising, information, blogs, software, displays, photographs, text, graphics, logos, icons, images, content, sound recordings, tutorials, white papers, videos, audio/visual clips and the design, selection and arrangement thereof (the “Materials”). Additionally, “Airrosti” and our service marks, slogans and logos used and displayed on the Services are trademarks of Airrosti (collectively, the “Marks”). Airrosti exclusively owns all worldwide right, title and interest in and to all the Materials, Marks, software, contents, graphics, designs, products and product container designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within and related to the Services, and all modifications and derivative works thereof, and all intellectual property rights related thereto (the “Intellectual Property”).
Without the explicit consent of Airrosti, no information or material from the Services (including, without limitation, the Marks), may be copied, stored, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed, use any illustrations, photographs, video or audio sequences or any graphics or commercially exploited in any way. Nothing in these Terms constitutes a waiver of any rights under copyright laws or any other federal, state or local law, regulation, ordinance or treaty. Nothing in these Terms should be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right, including without limitation, any patent, trademark, service mark or copyright of Airrosti or any third party.
Subject to these Terms, Airrosti grants you a limited, royalty-free, non-exclusive, revocable, terminable, personal license to use the Intellectual Property solely for your own personal, noncommercial use. None of the Material on the Services may be downloaded, distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without our prior written permission, which permission may be withheld in our sole and absolute discretion.
You acknowledge that the Materials on the Services are provided “as is” for general information only and without warranties of any kind. The Materials on the Services are not meant to be used for self-diagnosis or to replace the services of a healthcare professional. While Airrosti endeavors to keep the Materials on the Services current, healthcare information changes rapidly and thus, the Materials on the Sites should not be relied upon to be fully comprehensive or error free. The Services do not offer medical advice or recommendations to individuals and you should not rely on the information posted on the Services as a substitute for consultations with qualified healthcare professionals who are familiar with individual medical conditions and needs. Airrosti does not advocate that you attempt to treat yourself, your family, or someone you know without proper medical supervision. Airrosti encourages you to seek the guidance of your healthcare provider if you feel that you, your family, or someone that you know suffers from the conditions described on the Services.
Links to Social Media Sites
The Services may contain links to other social media accounts and/or webpages hosted by or for Airrosti, which from time to time may include without limitation, Facebook, YouTube, Instagram, LinkedIn, and X (f/k/a Twitter). These links are provided for convenience only. Your access to and use of any such social media pages shall be governed by these Terms to the extent they are not contrary to the terms or other service agreements of the social media site operators. You, however, acknowledge that Airrosti has no control over the operations of the social media websites to which the Services may link and YOU ACKNOWLEDGE AND AGREE TO INDEMNIFY AND HOLD HARMLESS AIRROSTI FOR ANY BREACH OF ANY TERMS OR OTHER SERVICE AGREEMENTS OF THE SOCIAL MEDIA SITE OPERATORS BY VIRTUE OF YOUR ACTIONS.
Term & Termination
These Terms are effective from the date that you first access the Services or on the date that you activate your Member Portal account, whichever is earlier, and continues in effect until terminated in accordance with these Terms.
Airrosti may terminate your access to the Sites and/or the Services at any time for any reason. Cause for such termination shall include, but not be limited to: (i) breaches or violations of these Terms; (ii) requests by law enforcement or other government agencies; (iii) a request by you (self-initiated account deletions); (iv) discontinuance or material modification to the Services (or any part thereof); (v) unexpected technical or security issues or problems; (vi) extended periods of inactivity; (vii) fraudulent or illegal activities performed by or on behalf of you in connection with the Services or the Sites; (viii) discontinuance of the Services as a whole; (ix) a statement by you that you no longer agree to these Terms, or a statement by you otherwise requesting termination of your access to the Services; and/or (x) any other reason considered by Airrosti to be in its best interest.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event and under no circumstances shall Airrosti or its service providers or any contributors of information to the Services or our sponsors, licensors or authorized representatives, or the employees, agents, officers or directors of any of the foregoing be liable to you or any third party for any direct, indirect, special, incidental, punitive or consequential damages (including without limitation any loss of profits, lost savings, or loss of data) arising out of your (or any authorized user’s) or any unrelated party’s use or inability to use the Services and/or the Sites, or your (or any authorized user’s) or any unrelated party’s reliance or use of information, products or services provided on or through the Internet, or that result from mistakes, omissions, interruptions, deletions of files or other data loss, errors, defects, delays in operation, service or transmission or any failure of performance of the Services and/or the Sites, even if we, or any of our authorized representatives, have been advised of the possibility of such damage and even if the remedies stated in these Terms fail of their essential purpose. Your sole and exclusive remedy for any of the above claims or for disputes against us is to discontinue your use of the Services. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
Disclaimer of Warranties
THE SITES (INCLUDING WITHOUT LIMITATION ALL SERVICES AND MATERIALS) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. There is no warranty, representation or guarantee that the Services will continuously operate or be error free or that any problems will be corrected, or that any information, software or other material accessible from the Services is free of viruses, worms, Trojan horses or other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITES LINKED THERETO. IN ADDITION, WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (A) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS; (B) INACCURACY, INCOMPLETENESS OR TIMELINESS OF THE SERVICES; (C) THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (D) DAMAGES AS A RESULT OF THE TRANSMISSION, USE OR INABILITY TO USE THE SERVICES, INCLUDING THE UNAVAILABILITY OF THE SERVICES, OR CIRCUMSTANCES OVER WHICH WE HAVE NO CONTROL. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE SERVICES MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. Further, we do not warrant, guarantee, or make any representations regarding the use of, or the results of the use of the Sites either in terms of its compatibility with hardware or other software, its reliability, currentness, or otherwise; and you rely on the Services solely at your own risk. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AIRROSTI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THE SITES. NO OPINION, ADVICE, OR STATEMENT OF AIRROSTI OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE OF ANY KIND. YOUR USE OF THE MATERIALS ON THE SITES AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
THE SITES ARE MANAGED IN THE STATE OF TEXAS, UNITED STATES OF AMERICA. AIRROSTI MAKES NO REPRESENTATION THAT IT OPERATES (OR IS LEGALLY PERMITTED TO OPERATE) IN ALL GEOGRAPHIC AREAS. AIRROSTI MAKES NO REPRESENTATION THAT THE SITES, SERVICES OR INFORMATION FOUND THROUGH THE SITES OR SERVICES IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS, AND ACCESSING THE SITES FROM TERRITORIES WHERE THE CONTENT OF THE SITES IS ILLEGAL IS EXPRESSLY PROHIBITED. IF YOU VIEW THE SITES AND/OR ACCESS THE SERVICES FROM ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
Notice of Claims of Intellectual Property Violations
Airrosti does not permit the use of content on the Services that infringes on the copyright, trademarks or rights of publicity of others, and will remove any such content that violates the copyright, trademarks or other rights of others if properly notified of such violation in accordance with the procedure set forth in these Terms. If you believe that any of the content on the Services infringes your copyright or trademark rights or your rights of publicity, please provide the following information to Airrosti:
Airrosti’s agent for the notice of any claim of infringement of any copyright, trademark or right of publicity is its General Counsel, who can be reached, as follows:
By email: lori.allesee@airrosti.com
By mail: Airrosti Rehab Centers, L.L.C.
Attention: General Counsel
111 Tower Drive, Bldg 1
San Antonio, TX 78232
Please provide all of the information requested above. No specific form is required to provide Airrosti with notifications of possible infringement. However, it will take Airrosti longer to process your notice if any of this information is not provided, and in some cases, we may not be able to process your notice. Also please note that, due to security concerns, attachments may not be accepted. Accordingly, any notification of possible infringement submitted electronically with an attachment may not be received or processed.
Arbitration
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and Airrosti or its successors or assigns shall exclusively be settled through binding and confidential arbitration.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. Unless otherwise agreed upon by the parties in writing, the arbitration will be conducted before one arbitrator and will be governed by the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).
To the fullest extent permitted by applicable law, you and Airrosti must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR AIRROSTI MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) the arbitration shall be confidential, and neither you nor Airrosti may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (4) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (5) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law
Governing Law and Venue
These Terms are governed by the laws of the State of Texas, U.S.A., excluding any conflict of laws, rules or similar principals, and the applicable laws, regulations and treaties of the United States of America. Subject to the arbitration provision above, you expressly agree that exclusive jurisdiction for any claim or dispute with us or relating in any way to your use of the Services resides in the courts of Bexar County, Texas, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Bexar County, Texas, in connection with any such dispute and including any claim involving Airrosti, our employees, contractors, officers, directors, and suppliers.
Remedies
We may restrict, suspend, or terminate your access to all or any part of the Services, with or without notice for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Termination shall be without prejudice to any other right or remedy to which we or our affiliates may be entitled under these Terms or at law.
Miscellaneous Provisions
If any provision of these Terms is held to be illegal, invalid, or unenforceable, then that provision shall be fully severable from these Terms and shall not affect the legality, validity, or enforceability of the remaining provisions of these Terms. Failure by us to enforce any particular term of these Terms shall not be construed as a waiver of any of our rights hereunder. You agree that, if the terms of these Terms are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect any breach(es), in addition to any other available remedies. These Terms (and each supplemental agreement referenced in or referencing these Terms found on the Sites) constitutes the entire agreement between you and Airrosti with respect to the Sites and the Services.
These Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms shall be construed as if followed by the phrase “without limitation.” These Terms, including any terms and conditions incorporated herein, is the entire agreement between you and us relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you (including notices of changes to these Terms) may be made via posting to the Services or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial 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. We will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
Contact Information
If you have any questions regarding these Terms, you may email or write to Airrosti:
By email: lori.allesee@airrosti.com
By mail: Airrosti Rehab Centers, L.L.C.
Attention: General Counsel
111 Tower Drive, Bldg 1
San Antonio, TX 78232
Posted: August 8th, 2024
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