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Terms of Use and Privacy Policy

TERMS OF USE

Bodyworks Physiotherapy Clinic and www.bodyworksphysio.com

COPYRIGHT NOTICE

By using this site, you expressly agree to be bound by the Terms of Use.

Copyright 2007 - 2011 Bodyworks Physiotherapy Clinic, Inc.

All rights reserved.

TERMS OF USE AGREEMENT

Bodyworks Physiotherapy Clinic has created and maintains www.bodyworksphysio.com ("the Site") to provide education, information, and communication with its patients and potential patients. Access to and use of this Site is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and other notices and acknowledge full and complete acceptance of these terms.

The contents of www.bodyworksphysio.com, (the Site) such as text, graphics, images, and other material contained on the Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on our site!

If you think you may have a medical emergency, call your doctor or 911 immediately. Bodyworks does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by the Site is solely at your own risk.

TERMS AND CONDITIONS

Access to and use of Bodyworks Physiotherapy Clinic's image and text files and data on this Site are subject to the following Terms and Conditions:

  1. The text, images, and data on the Site are protected by copyright and may be subject to other restrictions as well. Bodyworks Physiotherapy Clinic and relevant third parties retain all rights, including copyright, in data, images, audio and video clips, software, documentation, text, and other information contained in these files (collectively, the "Materials"). Users may download Materials subject to the preceding and following Terms and Conditions, and subject to any additional terms or restrictions applicable to the individual file or program, provided all copyright and other proprietary notices contained on the Materials are retained.
  2. The Materials are made available for use without permission only for limited non-commercial personal or educational use, or for fair use as defined in the United States copyright laws. In granting this limited permission, however, note that Bodyworks Physiotherapy Clinic does not warrant or represent that use of Materials displayed on the Site will not infringe the rights of third parties not owned by or affiliated with Bodyworks Physiotherapy Clinic. Copyright and other proprietary rights in the Materials may be held by individuals and/or entities other than Bodyworks Physiotherapy Clinic, including reproductions of works of art licensed to the Bodyworks Physiotherapy Clinic by third parties such as artists or artists' heirs holding rights to these works, or images of people or places displayed on the Site. Use of these images by you is prohibited unless specifically permitted by these Terms and Conditions.
  3. Bodyworks Physiotherapy Clinic expressly prohibits the use, copying, display, publication, distribution, transmission, modification, reposting or exploitation for commercial or public purposes of any protected Materials on the Site, and permits only the purposes described above.
  4. While Bodyworks Physiotherapy Clinic uses reasonable efforts to include accurate and up-to-date information in this Site, Bodyworks Physiotherapy Clinic makes no representations or warranties as to its accuracy. The Bodyworks Physiotherapy Clinic assumes no liability or responsibility for any errors or omissions in the content of the Site.
  5. Use of, and browsing, in the Site are at your risk. Neither Bodyworks Physiotherapy Clinic nor any other party involved in creating, producing, delivering or maintaining the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, all Materials on the Site are provided "AS IS," WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. Bodyworks Physiotherapy Clinic assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, browsing in, or downloading of, any Materials from the Site.
  6. Except where specifically indicated otherwise, any communication or material you transmit to the Site by electronic mail or other means, including, but not limited to, any data, questions, comments, or suggestions is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Bodyworks Physiotherapy Clinic or its affiliates or licensees for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Bodyworks Physiotherapy Clinic is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information.

PERMISSIONS

Any party wishing to use any of the Materials from the Site, for any purpose other than the limited purposes identified above, must request and receive prior written approval from Bodyworks Physiotherapy Clinic. Permission for such use is granted on a case-by-case basis at the sole discretion of Bodyworks Physiotherapy Clinic. For inquiries, please contact Bodyworks Physiotherapy Clinic at the address listed on the Site.

A usage fee may be charged depending on the nature and type of the proposed use. Bodyworks Physiotherapy Clinic reserves the right not to grant permission to use its Materials, and does not grant permission to use Materials of third parties.

TRADEMARKS

The trademarks, online logo marks, and service marks ("the Trademarks") displayed on the Site, including BODYWORKS PHYSIOTHERAPY CLINIC are registered and/or unregistered Trademarks of Bodyworks Physiotherapy Clinic. The Trademarks of third parties may also be displayed on the Site. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark displayed on the Site without written permission of Bodyworks Physiotherapy Clinic or any third party owner of the Trademark displayed on the Site. Your misuse of the Trademarks displayed on the Site, including alteration or use out of context, is strictly prohibited.

LINKS

The Site may contain links to third party sites. Bodyworks Physiotherapy Clinic has not reviewed all of the sites linked to the Site and is not responsible for any content of any linked site. Your linking to any off-site pages or to other sites is at your own risk. Bodyworks Physiotherapy Clinic provides these links as a convenience only, and a link does not imply endorsement, sponsorship or any affiliation with the linked site.

LINKS TO THE BODYWORKS PHYSIOTHERAPY CLINIC

We encourage all individuals and organizations to link to our site. Please use this URL: http://www.bodyworksphysio.com, and notify us via E-mail that you have linked to our site. If you would like to use our logo as the link, E-mail us with your request.

CONTENT PROVIDED BY USERS

Although Bodyworks Physiotherapy Clinic may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site, Bodyworks Physiotherapy Clinic is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site. Users are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Bodyworks Physiotherapy Clinic will fully cooperate with any law enforcement authorities or court order requesting or directing Bodyworks Physiotherapy Clinic to disclose the identity of anyone posting any such information or materials. DIGITAL MILLENNIUM COPYRIGHT ACT For purposes of the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. Sec. 512(c)(2), Bodyworks Physiotherapy Clinic has designated an agent for notification of claimed infringement as follows: Tim O’Bayley – O’Bayley Communciations. 760-778-3525. Bodyworks Physiotherapy Clinic provides this contact information for purposes of the DMCA only and reserves the right to respond only to correspondence that is relevant to the purposes of DMCA compliance.

APPLICABLE LAW AND JURISDICTION

The Site (excluding links to Web Sites operated by others) is controlled and operated by Bodyworks Physiotherapy Clinic from its offices in Palm Springs, California. Although Bodyworks Physiotherapy Clinic has made no effort to publish the Site elsewhere, it is accessible in all fifty U.S. states and in other countries due to its presence on the Worldwide Web. As each of these states and countries have laws which may differ from those of California and from each other, and as you and Bodyworks Physiotherapy Clinic both benefit from establishing a predictable legal environment in which to publish, access and use the Bodyworks Physiotherapy Clinic's Web Site, by publishing, accessing, and/or using the Site, you agree that all matters arising from or relating to the use and operation of the Site will be governed by the laws of the State of California, without regard to its conflict of laws principles. You agree that all claims you may have arising from or relating to the operation or use of the Site will be heard and resolved in the courts of Riverside County, California. You consent to personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Site from locations other than Riverside County, California, you will be responsible for compliance with all local laws of such other locations.

INDEMNITY

You agree to indemnify, defend, and hold Bodyworks Physiotherapy Clinic, its trustees, officers, agents, and employees harmless from all claims, causes, allegations, costs, expenses, fees (including reasonable attorneys' fees), judgments, liabilities, losses and damages arising from or relating to your use of or operation of the Site.

WAIVER

Any waiver of any provision of this Agreement must be in writing and signed by an authorized representative of Bodyworks Physiotherapy Clinic. Bodyworks Physiotherapy Clinic may at any time revise these Terms and Conditions and other notices contained herein by updating this posting. You are bound by such revisions and should periodically visit this page to review the then-current Terms and Conditions.

PRIVACY POLICY

For each visitor to our Web site, our server recognizes only the consumer's domain name. We review the domain name for internal review and it is thereafter discarded.

If you request a document, e-mail or otherwise contact us with a request or comment we may use any information provided (including your e-mail, postal, or telephone information) to update already existing databases for marketing purposes.

Registration or other information provided may be retained in our databases and used as described below.

If you request information or have a complaint and we are unable to respond, your request/complaint may be forwarded to a third party whom we believe can adequately respond. Your request/complaint would be forwarded along with any e-mail, postal, or telephone information you have provided us. Bodyworks Physiotherapy Clinic is not responsible for the privacy policy of the third party to whom we forward your request/complaint. We will not forward your request if you ask that we not do so.

Bodyworks Physiotherapy Clinic compiles lists from our database for communications and marketing purposes. You may have your name removed from our lists by communicating this request to us.

Our Web site may have links to other Web sites. While we encourage high standards of privacy among our members and partners, we cannot be responsible for the content of those sites or the privacy practices of other organizations.

We make every reasonable effort to insure that all information in our database remains accurate and complete and that all information is protected from unauthorized access and use.