Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR SITE
Proprietary Rights Notices
Copyright 2009, The Jackson Clinics, LLC. All rights reserved. The foregoing phrases indicate either that The Jackson Clinics, LLC (TJC) has obtained or intends to obtain copyright designation for the content provided on this site to the extent allowed by law. Unless otherwise specified, this site, also referred to as “our site” (www.thejacksonclinics.com), and its content are owned by TJC and/or third party licensors and are protected by the United States Copyright Act of 1976, as amended, and any relevant copyright laws of other countries. Some materials presented on this site may belong to other owners (not related to TJC) and are used by TJC with the permission of their respective owners. The content of this site, including but not limited to features (such as links, boxes ,buttons, etc.), graphics and text, may not be copied, distributed, posted, published, reproduced, republished, sent, transferred, transmitted, or used (externally from the site) in any way, without the prior written permission of TJC, except that you or individual users may download, print or view one copy of the materials on any single computer solely for personal, non-commercial, individual reference, provided that all proprietary identification or notices are kept therewith. Modification or use of materials presented on this site for any other purpose (without consent) is a violation of TJC’s and/or its third party content providers’ proprietary rights. No express, implied or other license or right of a proprietary nature is conferred hereunder, and users of this site and reviewers of this statement should not construe this statement otherwise. Unless indicated otherwise on this site, all items noting a proprietary interest (including but not limited to those of copyright, patent, service mark, trademark, and trade secret) belong to TJC. Items owned by others and used on this site by TJC through license or with permission by such owners may or may not have their owner’s interest noted, depending the terms of the item’s license or permissive use.
The information on this site is intended for informational and educational purposes only and in no way should be taken to be the provision or practice of physical therapy, medical, or professional healthcare advice or services. The information should not be considered complete or exhaustive and should not be used for diagnostic or treatment purposes without first consulting with your physical therapist, occupational therapist, physician or other healthcare provider. The owners of this website accept no responsibility for the misuse of information contained within this website.
When using this site, you agree that you will only disclose, offer or submit to TJC material that shall be considered and handled as non-confidential, which is not proprietary and which shall become and may be used as property of TJC (with limited exceptions for information needed to schedule appointments or make payments for services rendered). The primary purposes of this site’s user-initiated communication capabilities are for users to contribute “shareable” information or material to TJC (including customer or patient feedback on TJC’s services and website), to request non-confidential information or material from TJC, and to make certain transactions with TJC (like scheduling appointments and submitting payments) in a convenient and efficient manner. Examples of “shareable” information or material that TJC encourages for transmission via this site include: comments, feedback, ideas, suggestions, testimonials, and similar non-confidential contributions. [Important Note: You and all users should not use this site to transmit personal confidential and/or proprietary material to TJC (particularly, any protected health information (PHI) beyond the PHI used with the functions provided on this site for scheduling appointments and making payments for services rendered).] Any disclosure, offer or submission of “shareable” information or material (like that mentioned above) shall be considered a gratuitous contribution of such information or material to TJC, and TJC may utilize it for purposes and in ways that TJC sees fit in its sole discretion – unless mutually agreed otherwise. TJC has/will have no obligation (i) to keep any submission confidential (except as required by law), (ii) to pay for any submission (unless TJC agrees otherwise); or (iii) to respond to any submission (unless required by law). You and all users represent and warrant that no proprietary rights of others will be infringed by the submission of information or material to TJC via this site.
[Note: The content of the next two paragraphs below is required to be capitalized in some jurisdictions.]
DISCLAIMER OF WARRANTIES
TJC AND ANY OF ITS AFFILIATES OR THIRD PARTY BUSINESS ASSOCIATES, PARTNERS OR CONTENT PROVIDERS CONTRIBUTING TO THIS SITE INTEND FOR THE INFORMATION CONTAINED IN THIS SITE AND ANY SERVICES PROVIDED BY THIS SITE TO BE ACCURATE AND RELIABLE; HOWEVER, ERRORS AND OMISSIONS SOMETIMES OCCUR. TJC MAKES NO GUARANTEES OR WARRANTIES AS TO THE AVAILABILITY OF THIS SITE OR AS TO THE ACCURACY OF CONTENT ON THIS SITE. THIS SITE IS PROVIDED “AS IS”. TJC, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ANY THIRD PARTIES ENGAGED IN THE PROVISION OF ANY CONTENT FOR THIS SITE, DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS SITE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. USE OF THIS SITE IS AT YOUR OR ANY USERS’ OWN RISK. TJC, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ANY THIRD PARTIES ENGAGED IN THE PROVISION OF ANY CONTENT FOR THIS SITE, ARE NOT LIABLE FOR DAMAGES OR INJURY CAUSED BY ANY PERFORMANCE, FAILURE OR LACK OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE OR OTHERWISE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU OR USERS IN SUCH JURISDICTIONS.
LIMITATION OF LIABILITY
TJC, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ANY THIRD PARTIES ENGAGED IN THE PROVISION OF ANY PORTION OF THE SITE, SHALL NOT BE HELD LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHER DAMAGES RESULTING FROM LOST DATA, LOST BUSINESS OR BUSINESS INTERRUPTION, IN CONNECTION WITH YOUR OR OTHER USERS’ USE OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER ON NOT TJC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF TJC TO YOU OR OTHER USERS FOR ANY REASON WHATSOEVER SHALL NOT EXCEED ANY FEES PAID BY YOU OR OTHER USERS TO TJC IN CONNECTION WITH ITEMS RELATED TO THE CLAIM.
Connections or Links to or from Other Sites
Connections or links to or from other sites may be provided from or to our site, respectively, for the convenience of users or TJC. Such connections, links or referrals to or from such external sites from or to our site, respectively, do not constitute TJC’s endorsements of such sites, their content, or any sponsoring organizations (unless an endorsement is expressly stated by TJC). Further, TJC will not permit connections or links to or “framing” of this site that TJC objects to in any way, and all parties interested in making such “connections” with this site should seek consent for such connections from the management of TJC.
Your privacy when using our site is an important concern for us. Since we gather certain types of information about the users of our site (www.thejacksonclinics.com), we want you to understand the terms and conditions of our collection and use of that information. This privacy statement discloses the privacy practices for our site – what information we may gather, how we may use it and how you may change or correct it (if needed). This statement only addresses activities or events on our site; other sites (including those to which this site links and any third party sites or services that our site refers to) may have their own privacy policies and practices, which we do not control. Please be aware that we may occasionally review our privacy policies and practices (including the content of this Site Privacy Statement), and that our policies and practices (including this statement) may change without notice. Our users and visitors should periodically review this “page” on our site to be knowledgeable of the most updated version of this Site Privacy Statement.
Usually, you or any user can visit our site at almost any time anonymously and without giving any information. However, we can electronically capture an IP address for each visitor to our site, along with indicators of the operating system and browser software used by each visitor. With this information we can determine our visitor’s Internet Service Provider and area of location. This data is used to improve the utility of our site for us and for users by analyzing the collective origins of our visitors and by measuring the areas of our site that are visited the most. Additionally, we may request you or any user to provide certain information (like an email address) when you or any users register to utilize some features of our site. We may use this information to contact you (and others providing similar information) about updates to our site, new services we (or perhaps some of our partners) may offer, as well as to reply to your communications to us for requesting information, scheduling appointments, or transacting payments, among other activities which you may initiate on our site. No identity information shall be used for reasons not disclosed herein or when such information is requested.
Persons Lacking Capacity to Contract
This site is intended for use by individuals who are recognized by law as having the necessary capacity to enter into contracts. TJC will not knowingly collect or request personal information on this site from individuals who are below the age of legal majority (children) or who are above the age of legal majority (adults) who are considered incapacitated for the purpose of entering into contracts. To the extent that TJC becomes aware of any such personal information submitted via this site, or in the event TJC decides to collect such information in the future, it will take care to comply with the Children’s Online Privacy Protection Act of 1998 and any other laws and regulations intended to protect the personal information of individuals not considered legally competent to enter into contracts. Notwithstanding the foregoing, parents of children or personal representatives of any individuals not capable of entering into contracts may provide the information (including personal information) permitted to be collected or transmitted via this site for their respective children or wards, as long as they have the legal authority to do so.
Disclosure to Third Parties
We do not sell, trade or otherwise transfer any personal indentifying or protected health information (PHI) to third parties. Further, we do not disclose or provide access to such information to other persons or entities except as allowed by law. However, we do have business associates that help us administer, enhance, improve, install, maintain, optimize, repair and utilize our electronic communications, computing, network, Internet, and records resources so that we can operate our business productively and proficiently. These business associates have access to collections of data on our internal equipment resources, but they do not have authority or permission to utilize any individual’s identifying or protected health information (PHI) other than in the context of working with such data as part of a larger data set that is being checked for accuracy, integrity and proper functioning within our business’ technology systems. Further, we ask our business associates to adhere to the same requirements for safeguarding such PHI data that relevant laws and regulations place upon us.
Third Party Links
Our site may contain links to other Internet sites. We urge all of our business associates, contributors, partners, and other third parties having relationships with our business or connections to our website to implement policies and practices that respect the privacy of our visitors. However, we do not control and we are not responsible for the content available on sites other than our own, and we cannot dictate or be responsible for the enforcement of privacy policies and practices (or perhaps the lack thereof) of sites other than our own.