Injury Rehab Advice : Terms of Service

1. Introduction
Welcome to Injury Rehab Advice! The following are the terms and conditions for use of this Injury Rehab Advice service, which can be found at injuryrehabadvice.com (the "Service" or "Site"). If you believe that any content on the Site violates any of these Terms, please e-mail care@injuryrehabadvice.com immediately. In addition, if you have any comments or feedback about any of our physical therapists you should inform us via direct e-mail to care@injuryrehabadvice.com. Injury Rehab Advice reserves the right to refuse service to anyone at any time without notice for any reason.

2. Definitions
In the terms and conditions that follow, the terms "user," "you" and "your" refer to the individual or organization that receives advice and the terms "InjuryRehabAdvice," "Injury Rehab Advice," "Wheenk!,""we," "us" and "our" will refer to Injury Rehab Advice "Terms" or "TOS" refer to the terms contained in this Agreement. "Customer" will be used to describe the person who emails us details on what is hurting on this Site. "Physical Therapist" will be used to describe the person who provides advice on this Site.

3. Acceptance
By using our Site in any way, you are agreeing to comply with and be bound by the following Terms and any related "Agreements" (which include, without limitation, the Privacy Policy, our Legal Disclaimer, and all rules or policies posted on the Site). Please review the following Terms carefully. If you do not agree with the Terms or any of the related Agreements in their entirety, do not use the Service. You must be at least 18 years old to use this Service. Your acceptance of these Terms is signified by providing us with details on what is hurting you and by, by viewing your advice video and by accepting your advice charges. By doing so, you agree to be bound by all of the terms and conditions contained in these Terms, including acknowledgement that you are over the age of 18. You have the right to have a record of these Terms and any related Agreement you enter into with Injury Rehab Advice made available on paper form upon request for no additional fee. Simply e-mail care@injuryrehabadvice.com.

4. Right of Modification
Injury Rehab Advice reserves the right to change, revise or modify the Terms (including fees) or any of the related Agreements at any time by posting the amended terms on the Site. All amended terms shall automatically be effective upon posting. Your continued use of the Service will signify your acceptance of the revised Terms or related Agreement, as the case may be. If you do not accept the revised terms, your sole and exclusive remedy is to discontinue using the Service. The latest Terms and related Agreements will be posted on the Site, and you should always review them prior to using the Site. Injury Rehab Advice reserves the right, in its sole discretion, to modify or discontinue the Services, for any reason, without notice.

5. Fees and Refunds
Fees are displayed throughout the site and reflect their related services. To honor the time your physical therapist spends helping you by creating a personalized video and potentially other means, you are required to accept charges for an advice video (and pay the amount owed) if it is helpful advice. Payment authorization and verification is required before your physical therapist begins creating your advice video. Once you've accepted and paid for advice no refunds are permitted or possible. If you do not like the advice your are given for any reason, your sole remedy is to disregard the advice and not accept or pay for it.

Injury Rehab Advice maintains the right to initiate special incentive and pricing programs. These specials and incentives may be limited, at Injury Rehab Advice's sole discretion, to certain defined and limited users or non-users.

6. Expiration of Advice
Once we post your advice video, a two week viewing period begins. After two weeks is reached, the page that was created for you to view, clarify, accept and pay for your advice will expire. Any clarification questions you may have regarding the information in your advice video need to be asked before your advice page expires. Once your advice page expires, you may request to have your page posted for another two weeks or you may request to have clarification questions answered for a fee. Please email care@injuryrehabadvice.com with your request.

7. Exclusion of Warranties
INJURY REHAB ADVICE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. INJURY REHAB ADVICE DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INJURY REHAB ADVICE DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL WHEENK! BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, FROM THIRD PARTIES OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE.

8. Limitation of Liabilities
IN NO EVENT SHALL WE, OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

9. Indemnification
You agree to indemnify, defend and hold Injury Rehab Advice, any and all parent, subsidiary, or affiliate organizations, officers, agents and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party that are in any way due to or arising out of your use of or conduct on the Service. Injury Rehab Advice shall provide you reasonable notice of such claim.

10. No Endorsement of Non-Wheenk! Entity ; No Relationship with Users
Injury Rehab Advice may endeavor to offer to its users products and services offered by non-Wheenk! entities. Placement of information, logos, links or names of such non-Wheenk! entities on the Injury Rehab Advice site does not constitute an endorsement or warranty of these entities, their products or services. Users take full responsibility for a decision to visit or patronize any such entity and hold Wheenk! harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and Injury Rehab Advice or between any user (including Customers and Advisers) and Injury Rehab Advice by formation of this Agreement (or any of the Related Agreements) or by your participation on the site.

IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT. THE MATERIALS AND CONTENT PROVIDED BY WHEENK! AND ITS PROVIDERS ARE NOT INTENDED TO AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. PARTICIPATION IN THE SERVICE AND ACCEPTANCE OF ADVICE DOES NOT CREATE A PROFESSIONAL-CLIENT RELATIONSHIP AND IS NOT THE SUBJECT OF PRIVILEGE AND CONFIDENTIALITY STANDARDS ASSOCIATED THEREWITH.

11. Proprietary Rights of Content
You acknowledge and agree that Wheenk! owns the rights to its website injuryrehabadvice.com and all content displayed on the Site. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by Injury Rehab Advice, Injury Rehab Advice users, or Inury Rehab Advice Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software for commercial purposes. For permission to use third party materials appearing on the Site, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

You agree that any content or information provided on the Site, whether as a question or advice, will not be considered confidential and may be used by Injury Rehab Advice. In addition, you agree that any materials or ideas submitted on the Site or to the Site administrator or any employee, officer or agent of Wheenk!, will not be considered confidential and may be used by Injury Rehab Advice, in its sole discretion, without any obligation to compensate for its use of the ideas and without any obligation to return any submitted materials. You hereby grant Wheenk! a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to create derivative works thereof, that you have in your content and information, in any media now known or not currently known, with respect to any such content or information.

12. Press Release Information
The Site may contain information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

13. Disputes, Assignment, and Governing Law
These Terms and the related Agreements constitute the complete and exclusive statement of the Agreement between you and us. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of this Agreement. If there is a conflict between an oral representation of any Wheenk! employee or agent and the terms of this Agreement, the terms of this Agreement will prevail. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, the terms of this Agreement will prevail.

If any provision(s) of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. You and Wheenk! agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. You may not assign this Agreement to any other party. Wheenk! shall not be deemed to have waived any of our rights or remedies unless such waiver is in writing and signed by us. No delay or omission on the part of Injury Rehab Advice in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance.

This Agreement shall be governed by, and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. Each party using our website or services agrees to the exclusive jurisdiction of the courts of the State of California, and agrees that venue for any action resulting from this Agreement or the use of our Services shall be in Orange County, California and waives any and all jurisdictional, venue or inconvenient forum objections.

Updated August 2007