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Terms of Service for Agile Virtual Care

Introduction
Welcome to Agile Virtual Care. This website is owned and operated by Agile Virtual Care. By visiting our website and accessing the information, resources, services, products, and tools we provide (“Resources”), you understand and agree to accept and adhere to the following terms and conditions stated in this policy (hereafter referred to as “User Agreement”), along with the terms and conditions stated in our Privacy Policy (please refer to the Privacy Policy section at the bottom of our web page for more information).

These Resources are offered for general education only and are not medical advice. If you are experiencing a medical emergency, immediately seek appropriate medical assistance, like calling “911.” Please always speak with your medical professional about what treatment may be right for you.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Responsible Use and Conduct
By visiting our website and accessing the Resources we offer, you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process or as part of your ability to use the Resources. You agree any information you provide will be accurate, correct, and up to date.

b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account(s).

c. Accessing or attempting to access any of our Resources by any means other than through the means we provide is strictly prohibited. You specifically agree not to access or attempt to access any of our Resources through any automated or unethical means.

d. Engaging in any activity that disrupts or interferes with our Resources, including the servers or networks to which our Resources are located or connected, is strictly prohibited.

e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

f. You are solely responsible for all consequences, losses, or damages we may incur due to any unauthorized activities you conduct, as explained in this Terms of Use, and may be held criminally or civilly liable for those consequences, losses, or damages.

g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand we generally do not pre-screen or monitor the content posted by users of these various communication tools, which means if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree you will not upload, post, share, or otherwise distribute any content that:

i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary rights of any party;
iii. Contains any type of unauthorized or unsolicited advertising;
iv. Impersonates any person or entity, including any Agile Virtual Care employees or representatives.

We have the right, at our sole discretion, to remove any content that does not comply with this User Agreement. We are not responsible for any delay or failure in removing such content. If you post content we choose to remove, you hereby consent to such removal and waive any claim against us.

h. We do not assume liability for any content posted by you or any other third-party users of our website. However, any content you post using any open communication tools on our website, provided it doesn’t violate or infringe on any third-party copyrights or trademarks, becomes the property of Agile Virtual Care, and, as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display or distribute as we see fit. This only refers and applies to content posted via open communication tools as described above and does not refer to information you must provide as part of the registration process in order to use our Resources. All information provided as part of our registration process is covered by our Privacy Policy.

i. You agree to indemnify Agile Virtual Care, its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, and damages, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account, regardless of who is using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you will provide us with such cooperation as is reasonably requested by us.

Privacy
Your privacy is important to us. This is why we’ve created a separate Privacy Policy. Our Privacy Policy is included under the scope of this User Agreement. To read our Privacy Policy in its entirety, click here.

Limitation of Warranties
By using our website, you understand and agree all Resources we provide are “as is” and “as available”. This means we do not represent or warrant to you that:

i) the use of our Resources will meet your needs or requirements;
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors;
iii) the information obtained by using our Resources will be accurate or reliable; or
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

i) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
ii) no information or advice you obtain from Agile Virtual Care or through any Resources we provide will create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability
In conjunction with the above Limitation of Warranties, you expressly understand and agree any claim against us will be limited to the amount you paid, if any, for use of products or services. To the fullest extent applicable limitation of liability laws apply, Agile Virtual Care will not be liable for any damages you may incur by as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime

Copyrights/Trademarks
All content and materials available on https://agilevirtualcare.com, including, but not limited to text, graphics, website name, code, images and logos, are the intellectual property of Agile Virtual Care and are protected by applicable copyright and trademark law. Any inappropriate use, including, but not limited to, the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Agile Virtual Care.

Termination of Use
You agree we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent, or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information you may have on file with us, including any account or login information.

Governing Law
This website is controlled by Agile Virtual Care. It can be accessed by most countries around the world. By accessing our website, you agree the statutes and laws of our home state, located in the United States of America, will apply to all matters relating to the use of this website and the purchase of any products or services through this site without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods.

Furthermore, any action to enforce this User Agreement will be brought in the federal or state courts of the United State of America. You hereby agree to personal jurisdiction by such courts and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee
UNLESS OTHERWISE EXPRESSED, AGILE VIRTUAL CARE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

This site does not provide medical advice

Always seek the advice of your physical therapist, your physician, or other qualified health providers regarding any questions you may have about a medical condition, treatment, stretches, or exercises. Never disregard professional medical advice or delay in seeking it because of something you have read on this website.

Notice and takedown procedures:

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this website by contacting the copyright agent (identified below) and providing the following information:

i) Identification of the copyrighted work you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

ii) Your name, address, telephone number, and (if available) e-mail address.

Contact Information

If you have any questions or comments about these Terms of Service as outlined above, contact us at:

[email protected]

This agreement is in effect as of October 01, 2020.