Terms and Conditions
WEBSITE TERMS AND CONDITIONS
The following terms and conditions (“Terms and Conditions”) govern your use of the public-facing and publicly available Performance Health Partners website located at www.performancehealthus.com (and not any subdomain or microsite provided to a particular customer or customers of Performance Health Partners) (the “Site”). By accessing, viewing, or using the content, material, or services available on or through the Site, you indicate that you have read and understand these Terms and Conditions, and that you agree to them and intend to be legally bound by them. If you do not agree to these Terms and Conditions, you are not granted permission to use this Site and must exit immediately.
Performance Health Partners may change this Privacy Statement at any time. Notice of any new or revised Privacy Statement will be posted on this page for at least 60 days after the change. It is the obligation of users visiting the Site before the change to learn of changes to the Privacy Statement since their last visit. Any change to this Privacy Statement shall be effective as to any visitor who has visited the Site before the change was made.
1. Proprietary Rights
All works of authorship, information, content, and material appearing on or contained in this Site (“Site Materials”) are protected by law, including but not limited to, United States copyright law. Except as explicitly stated in the Site, the entirety of the Site Materials (including, without limitation, data, illustrations, graphics, audio, video, photographs, pictures, illustrations, recordings, drawings, sketches, artwork, images, text, forms, and look and feel attributes) are owned by Performance Health Partners. All rights reserved. Performance Health Partners also owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, organization and enhancement of the Site Materials.
Removing or altering any copyright notice or any other proprietary notice on any Site Materials is strictly prohibited. Any commercial use of any or all Site Materials, in whole or in part, without the prior written consent of Performance Health Partners, is prohibited. Any reproduction, distribution, performance, display, preparation of derivative works based upon, framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to any Site Materials or any other proprietary information of Performance Health Partners, without Performance Health Partners’ advance written consent, is prohibited.
All names, trademarks, service marks, symbols, slogans, and logos appearing on the Site are proprietary to Performance Health Partners or its licensors. Use of these trademarks is expressly prohibited and may violate federal and state trademark law.
Without limitation, you may not (a) attempt to gain unauthorized access to any portion or feature of this Site, any Site Materials, or any Performance Health Partners systems or networks, (b) probe, scan, or test the vulnerability of the Site or Site Materials or any Performance Health Partners systems or networks or attempt to interfere with the proper working of the Site or Site Materials or any Performance Health Partners systems or networks, (c) impose an unreasonable or disproportionately large load on the Site or any Performance Health Partners systems or networks, or (d) use the Site or any Site Materials for any purpose that is unlawful or prohibited by these Terms and Conditions or to solicit the performance of any illegal activity or other activity which infringes the rights of any person or entity.
2. Communications With the Site
Performance Health Partners welcomes your feedback and suggestions about how to improve our products, information, and services and this Site. By transmitting any suggestions, information, data, material, or other content (collectively, “Submissions”) to us, you automatically grant us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display any or all of such Submissions (in whole or part) throughout the universe and to incorporate such in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submission(s). Further, Performance Health Partners is free to use any ideas, concepts, methods, know-how, techniques, and processes contained in any communications you send to this Site for any purpose whatever, including, but not limited to, creating and marketing products, information, or services using such information. Performance Health Partners may preserve any transmittal or communication by you with Performance Health Partners through the Site.
3. Nature of the Internet
Given the nature of the Internet, the transmission of any communication or material to Performance Health Partners via the Site or electronic mail, whether encrypted or otherwise, cannot be guaranteed as secure. Alternative to communicating via the Internet or electronic mail, Performance Health Partners can be contacted by regular mail at 650 Poydras Street, Suite 1130, New Orleans, LA 70130, or by phone at (877) 264-0399.
4. Privacy Statement
Performance Health Partners has a Privacy Statement setting out our online information gathering and dissemination practices with respect to the Site. Click here to view the <Privacy Statement> , which is incorporated into these Terms and Conditions by reference, as if set forth fully herein.
5. Securities Information
Neither this Site nor the information contained herein constitutes an offer or a solicitation of an offer for the purchase or sale of any securities. This Site may contain information and press releases about Performance Health Partners, and although this information was believed to be accurate as of the date prepared, Performance Health Partners disclaims any duty or obligation to update such information. To the extent that any information is deemed to be a “forward looking statement” as defined in the rules and regulations of the Securities Act of 1933, as amended, such information is intended to fit within the “safe harbor” for forward looking information and is subject to material risk factors which may or may not be disclosed herein.
6. Disclaimer of Warranty and Liability
This site, the site materials on and in and made available through this site, and the services, information, and products offered in connection therewith are made available “as is” and “with all faults.” use of this site is entirely at your own risk.
Performance health partners makes no representations or warranties, and disclaims all representations and warranties, with respect to this site, the site materials on and in and made available through this site, and the services, information, and products offered in connection therewith, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, accuracy, systems integration, non-interference, quality, title, and non-infringement. The entire risk as to satisfactory quality, performance, accuracy, and effort with regard to any and all site materials on and in and made available through this site is with you.
To the extent permitted by applicable law, performance health partners shall not be liable for any special, indirect, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatever, including, without limitation, lost revenues or lost profits, which may or does result from the use of, access to, or inability to use this site, the site materials on and in and made available through this site, or the services, information, and products offered in connection therewith, regardless of legal theory, whether or not any party had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will the total liability of performance health partners to you or any other person or entity in connection with, based upon, or arising from this site, the site materials on and in and made available through this site, or the services, information, or products offered in connection therewith exceed the lesser of (a) the price paid by you for use of this site, and (b) $100.
7. Corrections and Changes
Performance Health Partners endeavors to keep the Site and Site Materials up-to-date. Without limiting anything else in these Terms and Conditions or otherwise, Performance Health Partners is not responsible for any errors or omissions in the Site or Site Materials. Performance Health Partners may make changes to the Site or Site Materials, or to the products, information, or services made available in connection with this Site, at any time with or without notice, and Performance Health Partners makes no commitment to update the information contained on or in this Site. Performance Health Partners reserves the right to terminate your access to this Site in the event that you violate these Terms and Conditions or for any reason whatever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.
You agree to defend, indemnify, and hold harmless Performance Health Partners, its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including without limitation attorneys’ fees and litigation expenses) relating to or arising from this Site, your use of this Site, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms and Conditions.
9. Links to Other Websites
This Site may, from time to time, contain links to other websites for the convenience of users in locating information, products, or services that may be of interest. These sites are maintained by organizations over which Performance Health Partners exercises no control, and Performance Health Partners expressly disclaims any and all responsibility for the content, the accuracy of the information or quality of products or services provided by or advertised on these third-party sites.
Without limiting anything else in these Terms and Conditions or otherwise, Performance Health Partners is not responsible for any errors or omissions in the Site or Site Materials, or for the information, links, text, graphics, or other items made available on other websites or by third parties.
10. Use of the Internet
Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Without limiting anything else in these Terms and Conditions or otherwise, neither Performance Health Partners nor its contractors will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
11. Law and Jurisdiction
These Terms and Conditions, including, without limitation, the Privacy Statement, represent the entire agreement between you and Performance Health Partners with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of Delaware, without reference to its conflict of law rules; Provided, however, that the terms of any applicable law now or hereafter enacted that is based on, derived from, similar to, or connected with the uniform computer information transactions act drafted by the national conference of commissioners on uniform state laws shall not apply except to the extent that the law expressly prohibits alteration by these terms and conditions of the applicability of one or more sections of the law.
Any violation by you of these Terms and Conditions will constitute an unlawful and unfair business practice and will cause irreparable harm to Performance Health Partners, for which monetary damages would be inadequate. You consent to Performance Health Partners obtaining any injunctive or equitable relief that Performance Health Partners deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Performance Health Partners may have at law or in equity.
If Performance Health Partners takes any legal action against you as a result of your violation of these Terms and Conditions, Performance Health Partners will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Performance Health Partners. You agree that Performance Health Partners will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms and Conditions.
By accessing, viewing, or using the works, content, or materials on this Site, you consent to the exclusive jurisdiction of the federal and state courts located in the State of Delaware, and agree to accept service of process by personal delivery or mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is controlled and operated by Performance Health Partners from its offices within the United States. Without limiting anything else, Performance Health Partners makes no representation that the works, content, materials, services, information, or products available on, in, or through the Site are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of Performance Health Partners to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions. Headings used in these Terms and Conditions, including, without limitation, the Privacy Statement, are for reference only and shall not affect the interpretation of these Terms and Conditions (or the Privacy Statement). The waiver or failure of Performance Health Partners to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions.
Last Updated: March 14, 2022