When you choose to use this website (“Service”), you are agreeing to all of the terms and conditions of this Agreement between you and OptimisCorp (the “Company”). The Service is a website that solely offers marketing information about the Company’s products for the use of physical therapists and other providers.
The Company may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on this website. The Agreement, as amended, will be effective 30 days after the posting of any amended terms. The Company may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature or content. The Company will not be liable to you or to any third party should we exercise our right to modify the Service or to change or discontinue our service offerings. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. If you object to any change to the Service, your sole recourse will be to discontinue using the Site. Your continued use of any modified service on the website will indicate your assent to such changes.
All materials published on this website (including, but not limited to the database, news articles, photographs, images, illustrations, physical therapy information, expression, “look and feel,” arrangement, audio clips and video clips, also known as the “Content”) are protected by copyright, and owned or controlled by the Company or the party credited as the provider of the Content, all rights reserved. All trademarks on the Service are either trademarks or registered trademarks of the Company or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of the Company or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. Other trademarks, registered trademarks, product names, and company names or logos displayed on the Service are property of their respective owners. The Company’s products and processes are covered by one or more patents and are subject to other trade secret and proprietary rights. The Company reserves all such rights. No transfer or grant of rights under any patents is made or is to be implied by any provision of this Agreement. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of the Company’s products or processes. Any software, including any files, images generated by the software, code, and data accompanying the software (collectively, the “Software”), used or accessible through this Service may be used by you solely for accessing and using this Service for purposes expressly stated on this website, provided that such uses are not competitive with or derogatory to the Company. The Company retains full and complete title to and all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
You shall abide by all additional intellectual property notices, information, or restrictions contained in any Content accessed through the Service. Without our written consent, you may not (i) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site, use of the Site, or access to the Site; (ii) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (iii) use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Site or monitor or copy our Web pages or the content contained thereon; (iv) deep link to the Site for any purpose; or (d) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
The Company’s Unsolicited Idea Submission Policy
The Company and its employees do not accept nor consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved solutions, products or technologies, solution or product enhancements, processes, marketing plans or new solution or product names. Please do not submit any unsolicited ideas, samples, demos or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when the Company’s software, solutions, products and/or services, or marketing strategies, might seem similar to ideas submitted to the Company. If, despite our request that you not send us your ideas, you still submit them, then regardless of what message accompanies the submission, the following terms shall apply to your submissions.
You agree that: (1) your submissions and their contents will automatically become both the legal and equitable property of the Company, without any compensation to you; (2) the Company may use or redistribute the submissions and their contents for any purpose and in any way without limitation; (3) there is no obligation for the Company to review the submission; (4) there is no obligation to keep any submissions confidential; and (5) you hereby agree to waive absolutely any and all moral rights arising from your submissions and their contents so far as is lawfully possible and any broadly equivalent rights you may have in respect of your submissions and their contents in any territory of the world.
As per the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Company uses SSL encryption to protect the information of patient information in its software. It is expected that all of our clients and everyone who uses its software also abide by the information HIPAA is trying to protect. However, should a user of this website, this application, or this service not incorporate measures to protect the information of their patients or clients, then the Company shall not be held liable.
All links to the Service must be approved in writing by the Company, except that the Company consents to links in which: (a) the link is a text-only link containing the title of the home page of this website; (b) the link “points” only to the home page of the Service and not to deeper pages; © the link, when activated by a user, displays this home of the Service full-screen and not within a “frame” on the linked website; and (d) the appearance, position, and other aspects of the link do not: i) create the false appearance that an entity or its activities or products are associated with or sponsored by the Company or its affiliates, or ii) be such as to damage or dilute the goodwill associated with the name and intellectual property of the Company or its affiliates, as shall be determined by the Company within its sole discretion. The Company reserves the right to revoke this consent to link at any time in its sole discretion.
You agree not to use the Service to (a) violate or encourage the violation of any local, state, national or international law; (b) defame, stalk, harass, threaten, damage the reputation, harm or otherwise infringe or violate the legal rights (such as privacy and publicity) of others; © collect or store personal data about other users of our Service; (d) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (e) interfere with or disrupt the website, its security, or services or networks connected to the website or disobey any requirements, procedures, policies, or regulations of networks connected to the Service, including not to upload, post, or otherwise transmit through or on this website any viruses, worms, Trojan horses or other harmful, disruptive or destructive files; (f) breach any legal duty owed to others nor advocate promote or incite any third party to commit or assist any unlawful or criminal act; (g) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, offensive, discriminatory, indecent, illegal or unlawful topic, name, material or information as shall be determined in the sole discretion of the Company; (g) intentionally post inaccurate, false or misleading information or information containing opinions not generally held by you; (h) upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents as shall be determined in the sole discretion of the Company; (i) publish, post, upload or distribute another’s confidential, proprietary, sensitive or personal information or any information relating (directly or indirectly) to any past or existing commercial arrangements, contracts, engagements or provision of goods and services between any persons or organizations; (k) advertise or offer to sell or buy or make available any goods or services for any business purpose; (l) conduct or forward surveys, contests, pyramid schemes or chain letters; (m) download any file posted by another user of the Service that you know, or reasonably should know, cannot be legally distributed in such manner; (m) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; and (n) restrict or inhibit any other user from using and enjoying the Service.
THIS WEBSITE IS SOLELY BEING USED FOR THE PRESENTATION OF MARKETING MATERIALS. The information contained on the Service is solely presented to market the Company’s products and services, and for the purpose of educating providers about goods and services offered by the Company. Nothing contained in the Service is intended to be instruction for medical diagnosis or treatment. The information should not be considered complete, nor should it be relied on to suggest a course of treatment. Information obtained from the Service is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. The website is only intended for use by physical therapists and other providers in the industry. IT IS NOT INTENDED FOR DIRECT USE BY PATIENTS OR CONSUMERS.
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NONINFRINGEMENT WITH RESPECT TO THE SITE OR THE CONTENT.
THE COMPANY MAKES NO WARRANTY THAT THE SERVICES PROVIDED ON THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF THE WEBSITE’S CONTENT OR THAT DEFECTS IN THE SITE OR THAT THE WEBSITE’S CONTENT WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK.
THE COMPANY FURTHER MAKES NO WARRANTY THAT USER CONTENT WILL BE HOSTED AND/OR TRANSMITTED IN ACCORDANCE WITH THE PREFERENCES YOU SPECIFY, INCLUDING ANY PREFERENCES YOU SPECIFY REGARDING THE ANONYMITY AND/OR PRIVACY OF ANY USER CONTENT. NO ADVICE, REPRESENTATION, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
The Company shall be not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, Internet access providers, computer equipment, software, or any combination thereof including any injury or damage to your or any other person’s computer as a result of using this Service. The Company reserves the right, at its sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of this Service or any information contained thereon without liability or notice to you. As a visitor to this Service, you acknowledge and agree that any reliance on or use by you of any information available on this Service shall be entirely at your own risk. In no event shall the Company nor any of its data providers be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of this Service, even if the Company or such provider has been advised of the possibility of such damages.
Limitation of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT, INCLUDING, WITHOUT LMITATION, NEGLIGENCE, WILL THE COMPANY OR ITS OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES, PARTNERS, AGENTS, ADVISORS, CONSULTANTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUES, PROFITS, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE CONTENT, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, WARRANTY, STATUTE, OR OTHERWISE. THIS INCLUDES BUT IS NOT LIMITED TO ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (A) ANY CHANGES THAT THE COMPANY MAY MAKE TO THE SERVICE; (B) ANY PERMANENT OR TEMPORARY CESSATION OR ERROR IN THE SERVICE; © THE PUBLICATION OF ANY USER CONTENT YOU PROVIDE TO THE COMPANY; OR (D) THE DELETION OR CORRUPTION OF OR FAILURE TO STORE ANY CONTENT OR OTHER PROPERTY MAINTAINED THROUGH THE SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OR HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE. The aggregate liability of the Company to you for all claims arising from or related to the Service or the Content is limited to the lesser of the fees paid by you to the Company for services provided on this website or fifty dollars ($50).
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless the Company and its partners, employees, advisors, officers, directors, consultants, agents, affiliates, and licensors from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (1) your User Content and any information you submit, post, or transmit through our Service; (2) your use of the Service or the Service’s Content; (3) your violation of these Terms; (4) your violation of any rights of any other person or entity; or (5) any viruses, Trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into this website.
Choice of Forum and Law; Waiver of Class Action
By use of this Service, you irrevocably consent to the exclusive jurisdiction and venue of the state courts located in Los Angeles County, California or in the federal courts located in the Central District of California for all disputes arising out of or relating to this Service and these Terms and Conditions, or arising out of or relating to the relationship between you and the Company regardless of the type of claim. You further contract with the Company by use of this Service, which you understand is designed where the Company is based in California, and you thus agree to the substantive law of the State of California to govern the interpretation of these Terms and Conditions and that it shall apply to all claims related to them, regardless of conflict of laws principles. To the extent permitted by applicable law, each party agrees that it will not bring or participate in any class action against the other party and each party hereby waives any rights to bring such claims.
If you have any questions or concerns about our website or these Terms and Conditions, please contact us. Official correspondence must be sent via postal mail to:
ATTN: Terms & Conditions
24630 Washington Ave., Suite 200
Murrieta, CA 92562
The Agreement constitutes the entire and exclusive and final statement of the agreement between you and the Company with respect to the subject matter hereof, and governs your use of the Service, superseding any prior agreements or negotiations between you and the Company with respect to the subject matter hereof.
The Company’s failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found to be invalid by either a court of competent jurisdiction, you and the Company nevertheless agree that the court should endeavor to give effect to your and the Company’s intentions as reflected in the provision, and that the other provisions of the Agreement remain in full force and effect as written. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. The Company may assign or delegate all rights and obligations hereunder, fully or partially. Each of the Company’s affiliates and subsidiaries are an intended third party beneficiary to this Agreement and shall be entitled to directly enforce and rely upon any provision of the Agreement that confers a benefit on them. Other than this, no other person shall be a third party beneficiary to this Agreement.