Condiciones de uso

1. The Terms

1.1 Acceptance of Terms

MedBridge Inc. (“MedBridge”) is the owner and operator of the MedBridge Website located at the URL www.medbridge.com, the MedBridge mobile application, and other websites owned by MedBridge, including personalized white label websites (collectively, the “MedBridge Website”, as defined below). These Terms of Use (the “Agreement”) govern access to and use of the MedBridge Website. Access to and use of the MedBridge Website is subject to Your acceptance of this Agreement. You agree to abide by all terms and conditions of this Agreement by Your accessing the MedBridge Website and/or by Your continued use of the MedBridge Website. Please read the following, carefully bearing in mind that this Agreement must be read in conjunction with MedBridge’s Privacy Policy.

1.2 Right to Modify Terms

MedBridge reserves the right to modify the terms of this Agreement at any time at its sole discretion, and may post a notice of such changes. If and when the Agreement is modified, You will be subject to the terms of the modified Agreement, and by accessing the MedBridge Website, You agree to the terms of the modified Agreement, without further notice.

1.3 Term Definitions

1. “MedBridge Website” means the MedBridge Website accessible through the URL www.medbridge.com, the MedBridge mobile application, and other websites owned and operated by MedBridge, including personalized white label websites.

2. “MedBridge” means MedBridge, Inc.

3. “Parties” means MedBridge and You, collectively.

4. “Party” means either MedBridge or You.

5. “User Profile” means a user profile or Access Code created by Your healthcare provider on the MedBridge Website.

6. “You,” “Your,” and/or “User” means any individuals and/or entities visiting and/or otherwise accessing the MedBridge Website through a User Profile or Access Code for any reason; said terms may be used interchangeably.

7. “Content” means all information, data, text, software, music, sound, photographs, graphics, videos, messages, tags, or other materials posted and/or otherwise displayed on, to, or at the MedBridge Website.

8. “Personal Information” means, without limitation, any information that identifies or describes an individual, including his or her name, physical description, age, gender, home address, home telephone number, or education. Personal Information also includes statements made by, or attributed to, a User.

9. “Licensor” or “Licensors” means the individuals who have licensed their online lecture content exclusively to MedBridge.

10. “Access Code” means the specific, custom alpha numerical code assigned by Your healthcare provider to access the MedBridge Website.

2. Website

2.1 Content Ownership

MedBridge is the owner of all MedBridge Content posted on or otherwise accessible at or via the MedBridge Website including logos, all designs, text, graphics, pictures, and information. You will have a limited license (without the right to sublicense) to view the Content for Your individual, non commercial use only. Any copying, reproduction, retransmission, or republication of all, or part, of any Content found on the MedBridge Website is expressly prohibited, unless MedBridge has expressly granted its prior written consent to so reproduce, retransmit, or republish the Content. MedBridge reserves all applicable rights in regard to the Content. MedBridge may publish or transmit via the MedBridge Website any Content that is owned by third parties. MedBridge’s Licensors are the owners of their respective Intellectual Property found on the MedBridge Website. Any reproduction, retransmission, or republication of all or part of any Content found on the MedBridge Website is expressly prohibited, unless the owner of the Content has expressly granted its prior written consent to reproduce, retransmit, or republish the material.

2.2 Copyright Complaints

If You believe that any Content on the MedBridge Website infringes upon any copyright which You own or control, You or Your designee, acting as a “Complaining Party,” may send a notification of such claimed infringement to MedBridge via [email protected]. Please include a description of the work that is allegedly being infringed, and where on the MedBridge Website the work may be found.

2.3 Content Availability

Once Your healthcare provider has created Your User Profile, You will have access to the Content as directed by your healthcare provider, until the User Profile is deactivated, or until the access assignment expires. Your access to the content will end upon deactivation. You will have to contact your healthcare provider to renew Your User Profile to continue Your access to the Content.

MedBridge retains the right to modify all content as reasonably deemed necessary to ensure material is in line with best practices, as necessary to comply with any regulation or law, and/or as necessary for MedBridge’s business purpose.

2.4 Termination

MedBridge reserves the right to terminate, block, or restrict Your access to or use of the MedBridge Website for any breach or violation of any term(s) of this Agreement, solely at the discretion of MedBridge.

If You would like to request the deletion of Your User Profile on the MedBridge Website, please contact MedBridge at [email protected], and we will work with Your healthcare provider to resolve Your request.

2.5 Equipment

You are responsible for obtaining and maintaining all computer hardware and software needed to access and use the MedBridge Website.

3. User Accounts

3.1 User Responsibility

The MedBridge Website includes the option of allowing a User to create a “User Profile.” Users are wholly responsible for User Content posted, displayed, transmitted, or otherwise made available on or via User Profiles. You are also wholly responsible for ensuring that Your use of the MedBridge Website is compliant with the laws and regulations of any applicable jurisdiction.

3.2 Accounts and Passwords

In consideration of Your use of the MedBridge Website, You acknowledge that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You agree to provide accurate, current, and complete information concerning You when providing information to, signing up with, registering for use of, or otherwise providing information to the MedBridge Website and maintain and promptly update the Registration Data to keep it true, current, and complete. If You provide any information that is untrue, inaccurate, not current, or incomplete, or if MedBridge has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, MedBridge has the right to suspend or terminate Your access to the MedBridge Website and to refuse any and all current or future use of the MedBridge Website, or any portion thereof. You must have Your own password or Access Code to access the MedBridge Website. In the event that MedBridge discovers password sharing, we reserve the right to terminate or block Your access to the MedBridge Website. You are responsible for all use of Your password(s).

3.3 Linking to MedBridge

1. MedBridge invites Users to link to our site. Linking to MedBridge must not improperly connote an affiliation with or an endorsement by MedBridge, or otherwise interfere with the operation of the MedBridge Website. Any links should open in a new browser window.

2. You must not place MedBridge Website pages in a “frame” within Your own website without explicit prior written permission from MedBridge.

3. Although the MedBridge Website may include links providing direct access to other Internet sites, MedBridge assumes no responsibility for the Content or information contained on such other sites, and does not exert any editorial or other control over those other sites. MedBridge provides no warranties and explicitly disclaims any liability for any Content or other information provided on other sites.

4. Disclaimers

4.1 Generally

Except as expressly set forth herein, the Content of the MedBridge Website (including all MedBridge intellectual property, text, materials, software, functions, services, and information made available herein or accessed by means hereof) are provided as is, without warranties of any kind, either express or implied, including without limitation warranties of suitability for a particular purpose. MedBridge does not warrant or guarantee uninterrupted access to the MedBridge Website, or any site linked to the MedBridge Website, and reserves the right to discontinue courses or to change the expiration date at any time.

Under no circumstances will MedBridge be liable in any way for any Content, including without limitation any errors or omissions in any Content, or 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 MedBridge Website, and MedBridge makes no guarantees that the Content will be accurate, current, or error-free.

You assume full responsibility and risk of loss resulting from use of the MedBridge Website and any information on the MedBridge Website. MedBridge makes no guarantees about the suitability of any information and its services for any purpose whatsoever. MedBridge may provide programs with exercises related to Your condition that You can perform at home. As there is a risk of injury with any activity, use caution when performing such exercises. IF YOU EXPERIENCE PAIN OR DISCOMFORT, IMMEDIATELY DISCONTINUE THE EXERCISES AND CONTACT YOUR CLINICIAN OR PHYSICIAN. BY VOLUNTARILY UNDERTAKING ANY EXERCISE IN A PROGRAM PROVIDED BY MEDBRIDGE, YOU AGREE THAT YOU ASSUME THE RISK OF ANY RESULTING INJURY. MedBridge will not be liable for any direct, indirect, consequential, special, exemplary, or other damages or losses that may result. It is the responsibility of the treating practitioner, relying on independent expertise and knowledge of the patient, to determine the best treatment and method of application for the patient.

4.2 Use of MedBridge Content

The information and content provided in the courses and home exercise programs are for informational purposes only. MedBridge makes no warranties regarding, and bears no liability for, Your use of the information and content. Neither MedBridge nor the instructor assumes any responsibility for any loss or injury and/or damage to persons or property arising out of the use of the material contained in or related to the online courses. IT IS THE RESPONSIBILITY OF THE TREATING PRACTITIONER, RELYING ON INDEPENDENT EXPERTISE AND KNOWLEDGE OF THE PATIENT, TO DETERMINE THE BEST TREATMENT AND METHOD OF APPLICATION FOR THE PATIENT.

5. Limitation of Liability

In no event shall MedBridge, its members, officers, affiliates, agents, licensors, employees, or internet service provider(s) (collectively, “representatives”) be liable to You or to any third party for any direct, indirect, incidental, special, or consequential damages whatsoever, including without limitation lost revenue, lost or damaged data, or other commercial or economic loss, whether based in contract, tort (including negligence), or any other theory of liability. The foregoing limitation shall apply even if MedBridge or its representatives have been advised or should have known of the possibility of such damage. MedBridge’s total liability in any event is limited to the amount, if any, actually paid for use of the MedBridge Website, and You hereby release MedBridge and its representatives from any and all obligations, liabilities, and claims in excess of this limitation.

6. Indemnification

You agree to indemnify and hold MedBridge and its Representatives harmless from any and all losses (including without limitation attorneys’ fees) resulting from any claims based on or relating to Your use, or the use of any individual using Your password, of the MedBridge Website. You further agree to indemnify and hold MedBridge and its Representatives harmless from any and all losses resulting from claims of third parties, including without limitation attorneys’ fees, that result in whole or in part from violations by You, or any individual using Your password, of any of the terms of this Agreement.

7. Disputes

This Agreement shall be governed by the laws of the State of Washington. In the event that litigation results from or arises out of this Agreement or the performance thereof, both Parties agree to Arbitration with a single arbitrator qualified by the American Arbitration Association. The Parties agree to reimburse the prevailing Party’s reasonable attorneys’ fees, arbitration costs, and all other expenses, whether or not taxable by the arbitrator as costs, in addition to any other relief to which the prevailing Party may be entitled.

8. Miscellaneous

8.1 Assignability

This agreement is personal to You, and You may not assign this Agreement or the rights and obligations thereunder to any third party or person.

8.2 Agreement Binding on Successors

The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their permitted heirs, administrators, successors, and assigns.

8.3 Waiver

No waiver by either Party of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement.

8.4 Severability

If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision, and such invalid term, clause, or provision shall be deemed to be severed from the Agreement.

8.5 Survivability

The ownership and intellectual property rights and license provisions set forth in this Agreement, and any other provisions that by their sense and context the Parties intend to have survive, shall survive the termination of this Agreement and any obligations hereunder for any reason.

Terms of Use last updated on August 4, 2021