Effective Date: May 25, 2022
1.1. “Company”, “Us”, or “We”: The Company, as the creator, operator, and publisher of the Website, makes the Website, and certain services on it, available to users and shall include all employees and affiliates of the Company.
1.2. “You”: You, as the user of the Website, will be referred to throughout this ToU.
1.3. “Parties”: Collectively, the parties to this ToU (the Company and You).
- Assent and Acceptance. By using the Website, You warrant that You have read and reviewed this ToU and that You agree to be bound by it. If You do not agree to be bound by this ToU, please leave the Website immediately. The Company only agrees to provide use of this Website to You if You assent to this ToU.
- Age Restriction. You must be at least eighteen (18) years of age to use this Website. By using this Website, You represent and warrant that you are at least eighteen (18) years of age and may legally agree to this ToU. The Company assumes no responsibility or liability for any misrepresentation of Your age.
- Limited Right to Use. The Company solely owns and operates the Website. All materials on the Website are considered property of the Company and are protected by copyright laws of the United States. No materials may be copied, reproduced, modified, republished, uploaded, posted, distributed, or transmitted, without prior written consent from the Company. The use of such materials is strictly prohibited as such unauthorized use may violate copyright, trademark, or other laws.
- Intellectual Property.
5.1. You agree that the Website provided by the Company is the property of the Company including all trademarks, service marks, logos, copyrights, trade secrets, patents, and all other intellectual property (collectively, “Company IP”). You agree that the Company owns all right, title, and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP, in any way, without the prior written consent of the Company.
5.2. In order to make the Website available to You, You hereby grant the Company a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit, and make derivative works of any content You publish, upload, or otherwise make available to the Website (“Your Content”). The Company claims no further proprietary rights in Your Content.
5.3. If You feel that any of Your intellectual property rights have been infringed or otherwise violated by the posting of information or media, please contact Us and let Us know.
- Embedded Content from Other Websites.
6.1. Articles or information on this Website may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if You have visited the other website.
- Your Obligations.
7.1. As a user of the Website, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website. You must not share such identifying information with any third party, and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. Providing false or inaccurate information, or using the Website to further fraud or unlawful activity, is grounds for immediate termination of the ToU.
7.2. If You upload images to the website, You should avoid uploading images with embedded location data (EXIF GPS) included as other visitors to the Website can download and extract any location data from images on the Website.
7.3. Access to and use of password-protected or secured areas of this Website is restricted to authorized users only. If You are granted access to such an area, You will be asked to provide accurate and current information on all registration forms on this Website. You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account. You will not misuse or share Your username or password, misrepresent Your identity or Your affiliation with an entity, impersonate any person or entity, or misstate the origin of any materials You are exposed to through this Website. If You violate Your obligations under this section, You may be subject to prosecution.
- Acceptable Use.
8.1. You agree not to use the Website for any unlawful purpose or any purpose prohibited under this ToU. You agree not to use the Website in any way that could damage the Website or the general business of the Company.
You further agree not to use the Website:
8.2.1. To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
8.2.2. To violate any intellectual property rights of the Company or any third party;
8.2.3. To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
8.2.4. To perpetrate any fraud;
8.2.5. To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
8.2.6. To publish or distribute any obscene or defamatory material;
8.2.7. To publish or distribute any material that incites violence, hate, or discrimination toward any group;
8.2.8. To gain unauthorized access to, interfere with, damage, disrupt, or circumvent any of the security features of the Website;
8.2.9. To access, or attempt to access, the Website through automated means;
8.2.10. To access the Website to edit or modify any content on the Website that is not owned by You; and/or
8.2.11. To unlawfully gather information about others.
8.3. All communications from You to this Website, in the form of comments, questions, or general feedback, will be considered non-confidential and non-proprietary. You agree that any such communications will be deemed the property of the Company, and the Company shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such communications, for any purpose, without compensation to You. The Company may provide You with forums where You can post content to Our Website. The Company does not necessarily endorse, support, or agree with content posted by You or other users. You agree not to post any unlawful, abusive, offensive, sexually oriented, obscene, defamatory, harassing, profane, or otherwise indecent information of any kind, including without limitation any communications that would constitute a criminal offense, give rise to civil liability, or violate local, state, national, or international law, or infringe upon another organization’s copyright or trademark. You agree that You are solely responsible for the content of Your communications and their legality under all laws.
8.4. You are solely responsible for any breach of Your obligations under this ToU and for the consequences of any such breach.
- Indemnification. You agree to indemnify, defend, and hold harmless the Company, and the Company’s parents, affiliates, successors, assigns, employees, and agents, from and against any and all third-party claims, liabilities, damages, losses, or expenses arising out of, based on, or in connection with Your access and use of this Website and/or arising out of or related to Your violation of this ToU.
- Limitation of Liability. In no circumstance shall the Company or its suppliers, partners, parents, subsidiaries, affiliates, or employees be liable for any direct, indirect, incidental, or consequential damages including, without limitation, lost revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use this Website, damages resulting from the use of the information or materials presented on this Website, whether based on warranty, contract, tort, or any other legal theory even if the Company or its suppliers, partners, parents, subsidiaries, affiliates, or employees, have been advised of the possibility of such damages.
- Privacy. Through the use of the Website, You may provide Us with certain information. By using the Website, You authorize the Company to use Your information where We operate.
11.1. Information We may Collect or Receive: When You register for an account or input data into the website, You may provide Us with a valid email address and may provide Us with additional information, such as Your name, Your phone number, or other similar information. Depending on how You use Our Website or Services, We may also receive information from external applications that You use to access Our Website, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons, or others.
11.1.1. Cookies: If You leave a comment on Our website, You may opt-in to saving Your name, email address, and Website in cookies. These are for Your convenience so that You do not have to fill in Your details again when You leave another comment. These cookies will last for one (1) year. If You visit our login page, We will set a temporary cookie to determine if Your browser accepts cookies. This cookie contains no personal data and is discarded when You close Your browser. When You log in, We will also set up several cookies to save Your login information and Your screen display choices. Login cookies last for two (2) days, and screen options cookies last for one (1) year. If You select “Remember Me”, Your login will persist for two (2) weeks. If You log out of Your account, the login cookies will be removed. If You edit or publish an article, an additional cookie will be saved in Your browser. This cookie includes no personal data and simply indicates the post ID of the article You just edited. It expires after one (1) day.
11.2. How We Use Your Information: We use the information gathered from You to ensure Your continued good experience on Our Website, including through email communication. We may also track certain aspects of the passive information received to improve Our marketing and analytics, and, for this, We may work with third party providers.
11.3. How You can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser. Please be aware that the Company will still receive information about You that You have provided, such as Your email address.
11.4. How Long We Retain Your Data: If You leave a comment, the comment and its metadata are retained indefinitely. This is so We can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue. If You register on Our Website, We also store the personal information You provide in Your user profile. You can see, edit, or delete Your personal information at any time (except You cannot change Your username). Website administrators can also see and edit that information. If You provide Us with Your email address or other contact information, We retain that information indefinitely.
11.5. What Rights You have Over Your Data: If You have an account on this Website, have left comments, or have entered Your contact information, You can request to receive an exported file of the personal data We hold about You, including any data You have provided to Us. You can also request that We erase any personal data We hold about You. This does not include any data We are obliged to keep for administrative, legal, or security purposes.
11.6. Where We Send Your Data. While most of Your data remains with the Company, Your data may be checked through an automated spam detection service.
- Assumption of Risk. The Website is provided by the Company on an “as available” basis. The Company makes no warranties of any kind, express or implied, as to the operation of this Website, or the information, content, materials, or products included on the Website. You agree that Your use of this Website is at Your sole risk. You should not assume that the materials on this Website are continuously updated or contain current information. The Company is not responsible for providing content or materials that have been expired or removed. To the full extent permissible by applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Company does not warrant that this Website, servers, or email sent from this domain are free of viruses or other harmful components. The Company will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to, direct, indirect, incidental, or consequential damages. The Company does not assume responsibility or liability for any advice or other information given on the Website.
- Data Loss. The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website is at Your own risk.
- Monitoring. Although the Company is not obligated to do so, the Company retains the right to review Your communications on this Website to determine whether You comply with Our ToU. The Company will not have any liability or responsibility for the content of any communications You post to this Website, or for any errors or violations of any laws or regulations by You. The Company will comply with any court order in disclosing the identity of any person posting communications on this Website. It is advisable that You review Our ToU before posting any such communications. Please note that when You conduct transactions with other companies providing content via this Website, You will also be subject to their privacy policies.
- Language. All communications made or notices given pursuant to this ToU shall be in the English language.
- Entire Agreement. This ToU constitutes the entire understanding between You and the Company with respect to any and all use of this Website. This ToU supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
- Service Interruptions. The Company may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
- Term, Termination, and Suspension. The Company may terminate the ToU with You at any time, for any reason, with or without cause. The Company specifically reserves the right to terminate this ToU if You violate any of the terms herein, including, but not limited to, violating the Company IP, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal materials.
- Applicable Law, Jurisdiction, and Venue. All matters relating to Your access and use of this Website shall be governed by the federal laws of the United States and the laws of the State of Michigan. Any action relating to Your use and access of this Website shall be brought exclusively in the federal and state courts located in Michigan, County of Oakland, and You expressly agree to be subject to the jurisdiction and venue of such courts.
- Severability. If any provision of this ToU is held to be invalid or unenforceable, such invalid or unenforceable provision shall not affect the validity or enforceability of the remaining provisions.
- No Waiver. No failure or delay on the part of the Company in exercising any right, power, or remedy under this ToU shall operate as a waiver thereof; nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy under this ToU.
- No Agency, Partnership, or Joint Venture. No agency, partnership, or joint venture has been created between the Parties as a result of this ToU. No Party has the authority to bind the other to third parties.
- Modification. We may modify these ToU from time to time at Our sole discretion. We will provide notice by, at a minimum, updating this posting. You are expected to carefully review these ToU from time to time so You are aware of any changes, as they are binding on You. If any part of these ToU or any future changes to these ToU are not acceptable to You, You must not use or access the Site.
- Geographic Restrictions. The Company is based in the State of Michigan in the United States. We provide this Website for use only by persons located in the United States, and it may only be available to people located in the United States. We make no claims that the Website or any of its content is available or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries.
- Contact Information. If You have any questions regarding the ToU, please contact Us at (866) 538-9444 or Encore Rehabilitation, 33533 W. 12 Mile Road, Suite 290, Farmington Hills, MI 48331, Attn: IT.