Site Visitors Terms of Use Agreement

Welcome to My Rehab Expert

My Rehab Expert™ provides visitors to the site the ability to locate a physical or occupational therapist in order to match to their specific medical and/or rehabilitation needs.  My Rehab Expert is operated by My Rehab Expert, LLC, a Wisconsin limited liability company.  In this Terms of Use Agreement, “My Rehab Expert”, “we”, “us”, or “our” means My Rehab Expert, LLC.

Please read this Agreement carefully.

  1. Your Agreement with My Rehab Expert

By interacting with this website you acknowledge that you have read and understood this Terms of Use Agreement, that you agree to be bound by their provisions, and that you are at least 18 years old.  If you do not agree to all of these provisions, do not access or use this website.  Please contact us if you have questions.

  1. Not Medical Advice

My Rehab Expert does not offer medical treatment or advice.  Use of My Rehab Expert does not create a doctor-patient or health professional-patient relationship.  All content accessed in My Rehab Expert is for informational purposes only, is not applicable to all possible persons, symptoms, or conditions, and should not be considered medical advice.  My Rehab Expert does not provide diagnosis or treatment for any medical condition.  You acknowledge and agree that it is your responsibility to confirm the status of any medical provider’s license before seeking any treatment or advice.  You further agree that My Rehab Expert’s use of the wording “expert” or “specialist” on the site does not guarantee any advanced training of the medical providers listed herein nor does it guarantee any specific treatment results.  Do not self-diagnose or treat any injury or pathology without first consulting your medial provider.  Never disregard advice you have received from a physician or other health care professional or delay in seeking such advice because of anything you have read, heard, or seen on My Rehab Expert.

  1. Insurance Coverage

Insurance coverage listed on My Rehab Expert is provided by the medical providers and not My Rehab Expert.  My Rehab Expert does not make any representations or guarantees regarding insurance coverage for your medical care or treatment.  Always consult with your insurance provider before seeking medical treatment.

  1. License

My Rehab Expert grants you a limited, non-transferable license to use My Rehab Expert in accordance with the instructions and other materials on My Rehab Expert and with this Terms of Use Agreement.  You agree to not use My Rehab Expert for any other purposes, such as giving therapeutic or other medical advice to others.

  1. Restrictions on Use

My Rehab Expert may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without our written permission, except that you may download, display and print the materials presented on this site for your personal use only. You shall not use or authorize or permit any third party to use on your behalf any “robot,” “spider” or other automatic device, or a methodology having similar functionality, or any manual process, to monitor or copy any of the web pages, data, or content found on this site.  You shall not use any software that modifies or adds content to the layout, design, or content of any page of this site. You agree that you will not use any software or other device to interfere with the proper working of this site.

  1. Copyright, Trademark, and Confidential Information

Website copyright notice: Copyright © 2016 My Rehab Expert, LLC and/or its Licensors.  All rights reserved.  My Rehab Expert and various third party providers and distributors (“Licensors”) own all copyright, trademark, patent and other proprietary rights in My Rehab Expert, including this website and all related software.  Unauthorized use of this website and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.  Any special terms or other rules for the use of certain components of My Rehab Expert may be included elsewhere within My Rehab Expert and are incorporated into this Agreement by reference.

My Rehab Expert, including this website and all related software, contains confidential information owned by My Rehab Expert and its Licensors. Confidential information includes the source code for this website and all related software. You agree (a) not to disclose My Rehab Expert’s confidential information without our prior written consent, and (b) not to reverse engineer any such code.

  1. Modifications

My Rehab Expert may modify this agreement at any time.  If My Rehab Expert changes this agreement, a copy of the agreement in its modified form will be posted on My Rehab Expert.  Such changes shall take effect immediately upon posting, or at such later time stated in the agreement in its modified form.  You acknowledge and agree that if you use My Rehab Expert after a modified agreement has been posted, your use of My Rehab Expert shall constitute acceptance of the changed agreement.

  1. Links

My Rehab Expert may contain links to websites maintained by third parties. My Rehab Expert does not operate or control in any respect any information, software, products or services available on such websites.  Such links are provided for your convenience and reference only.  My Rehab Expert’s inclusion of a link to a website does not imply any endorsement of the site or its services, its contents, or its sponsoring organization. If you decide to access other websites, you do so at your own risk.

  1. Indemnification

As a condition of use of My Rehab Expert, you agree to indemnify and hold harmless My Rehab Expert, its Licensors (and their officers, members, managers, directors, employees, agents, contractors, affiliates, successors and assigns)  against any claims, losses, actions, demands, liabilities and settlements imposed on, incurred by, or asserted against My Rehab Expert or its Licensors as a result of or relating to: (a) your use of My Rehab Expert, (b) any information you enter into My Rehab Expert, and (c) any treatment, medical advice or adverse events arising from your interactions with third parties or the medical professionals listed on this site.

  1. Waiver and Release

You, for yourself and for your attorneys, agents, heirs, executors, administrators, successors, and assigns hereby fully and forever release and discharge My Rehab Expert and My Rehab Expert’s officers, members, managers, directors, employees, agents, contractors, affiliates, successors and assigns, from and with respect to any and all rights, claims, liabilities, demands, actions, or causes of action of any kind whatsoever (whether presently known or as yet unknown, or whether accrued or unaccrued) which you may or might have against any and all of them with respect to any acts or omissions resulting from or relating to your use of My Rehab Expert or any medical professional listed on My Rehab Expert.

  1. Warranty Disclaimers

YOUR USE OF MY REHAB EXPERT IS AT YOUR OWN RISK. MY REHAB EXPERT, INCLUDING THE WEBSITE AND INFORMATION ASSOCIATED WITH IT, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” MY REHAB EXPERT AND ITS LICENSORS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO MY REHAB EXPERT, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. MY REHAB EXPERT AND ITS LICENSORS DO NOT WARRANT (a) THE EFFECTIVENESS, ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY OF MY REHAB EXPERT’S CONTENT OR DATA, (b) THAT MY REHAB EXPERT WILL NOT BE INTERRUPTED OR ALWAYS BE ECURE, (c) THAT MY REHAB EXPERT MEETS YOUR REQUIREMENTS, OR (d) THE EFFECTIVENESS, ACCURACY, COMPLETENESS, APPROPRIATENESS, RELIABILITY, OR EFFICACY OF ANY TREATMENT OR MEDICAL ADVICE BETWEEN YOU AND ANY MEDICAL PROVIDERS.

  1. Limitation of Liability

NEITHER WE NOR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFIT OR INCOME, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE MY REHAB EXPERT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE, OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY.  MY REHAB EXPERT AND ITS LICENSORS ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR MENTAL OR PHYSICAL DISORDER OR IMPAIRMENT CAUSED BY YOUR USE OR MISUSE OF MY REHAB EXPERT.  MY REHAB EXPERT AND ITS LICENSORS ARE NOT LIABLE FOR ANY TREATMENT, MEDICAL ADVICE, OR ADVERSE EVENTS THAT OCCUR BETWEEN YOU AND THE MEDICAL PROFESSIONAL LISTED ON THIS SITE, INCLUDING BUT NOT LIMITED TO, DEATH, PHYSICAL OR MENTAL INJURY, INTENTIONAL ACTS, NEGLIGENCE OR MALFEASANCE.  ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF MY REHAB EXPERT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.

THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION.  NEITHER WE NOR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN $100.  THE LIMITATIONS OF LIABILITY IN THIS SECTION DO NOT APPLY TO BREACHES OF INTELLECTUAL PROPERTY PROVISIONS BY YOU OR YOUR INDEMNIFICATION OBLIGATIONS RELATING HEREUNDER.

  1. Exclusions

Some states do not allow the disclaimer of implied warranties or the exclusion of liability for incidental or consequential damages, so the foregoing disclaimers and limitations may not apply to you.

  1. Termination

My Rehab Expert may temporarily suspend or permanently terminate My Rehab Expert, in part or in whole, at any time, without prior notice to you, for any reason, including any improper use of My Rehab Expert or your failure to comply with this Agreement.  Such termination shall not affect any right to relief to which My Rehab Expert and its Licensors may be entitled, at law or in equity.  You or we may terminate this Agreement at any time by giving notice to the other party, provided, however, that the terms and conditions of this Agreement shall survive and govern any remaining rights and obligations of the parties.

  1. Arbitration, Governing Law; Jurisdiction

All disputes between My Rehab Expert and you arising under this Agreement or related to My Rehab Expert’s performance shall be decided by arbitration in accordance with the rules of the American Arbitration Association by a single arbitrator in Madison, Wisconsin, U.S.A. The award rendered by the arbitrator shall be final, and a judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Any arbitration under this paragraph shall be on an individual basis between the parties to this Agreement and shall not be commenced as a member or representative of, or on behalf of a class of persons, it being the intention of all parties that there be no class action arbitration under this Agreement. This Agreement and its performance shall be governed by the laws of the State of Wisconsin, U.S.A., without regard to its conflict of laws provisions. In the event of any litigation arising under this Agreement or related to My Rehab Expert’s performance, you consent and submit to the exclusive jurisdiction of the state and federal courts located in Dane County, Wisconsin. To the extent allowed by applicable law, any claim or cause of action must be brought within one (1) year from the date on which such claim or action arose or accrued.

  1. Attorney’s Fees

If My Rehab Expert or its Licensors take any action to enforce this Agreement, such party will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney’ fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such party may be entitled.

  1. Assignment

You may not assign, convey, subcontract or delegate your rights, duties or obligations under this Agreement.

  1. Referral Services Disclosure.

My Rehab Expert is a listing service which connects occuapational and physical providers and therapists to users of its website.  Your use of this website is contingent upon your consent to the terms and conditions set forth in My Rehab Expert’s Terms of Use.

With the exception of the initial group of providers and therapists listed as part of the launch of the website, providers and therapists pay a fee to My Rehab Expert for his or her or its listing on the website.  The service is free to you as a user of the website.  All occupational and physical therapists who agree to the Provider’s Terms of Use, provide truthful background information, and pay the applicable listing fee are invited to be listed on the website.  However, some therapists or providers may choose not to participate in the website for whatever reason.

The names of therapists and providers will be given to you by our website based on your stated needs.  You will be given the names of providers and therapists – in no specific order – who have the stated background and experience you requested.  My Rehab Expert will not select the provider or therapist from which you receive services.   You have the choice to decline for whatever reason to use the website or the services of any or all of the providers or therapists listed on the website.  Except as provided within these Terms of Use, there are no additional restrictions on your use of the website.  Other than making its website available to you, My Rehab Expert has no other relationship with you.

  1. General Legal Terms

This agreement is the entire agreement between you and us relating to My Rehab Expert and replaces any prior agreements unless such prior or subsequent agreement explicitly provides otherwise and specifically references this Agreement.

Our Licensors may be third party beneficiaries to this Agreement pursuant to our agreements with them.  To the extent our Licensors are third party beneficiaries to this Agreement, the rights and protections provided to us hereunder inure to their benefit.  There are no other third party beneficiaries to this Agreement.   Your use of My Rehab Expert, input of information into My Rehab Expert, or any interaction with My Rehab Expert does not constitute a partnership, joint venture, or agency with My Rehab Expert or any of My Rehab Expert’s Licensors.

Failure to enforce any provision will not constitute a waiver of that provision.  If any provision is found to be unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose, and all other provisions will remain valid and enforceable.

My Rehab Expert makes no claims that the use of My Rehab Expert is appropriate or legal in your state or country.  You agree to not use My Rehab Expert in a state where such use is not legal.  If you use My Rehab Expert outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

 

Thank you for your cooperation.  We hope that you find My Rehab Expert helpful.

 

Last Modified: 10/5/16