RehabsAmerica.com Terms of Use
Last Revised: July 5, 2024 ("Effective Date")
Welcome to the RehabsAmerica website, owned and operated by Excel Media Pros (https://rehabsamerica.com/) (the "Site"). Excel Media Pros (“the Company”, “we”, “our” or “us”) provides this Site for your personal use. Please read these RehabsAmerica.com Terms of Use (the “Terms of Use”) carefully as by using or accessing the Site, you agree to be bound by these Terms of Use.
The Agreement
The Terms of Use describe the terms and conditions of use of the Site by you, the website user, and your rights and responsibilities as a user. By: (i) accessing and using our Site; (ii) using any services provided by us thereunder; and/or (iii) providing your personal information to us, you agree and are thus bound by all of the terms and conditions set forth herein. If you do not agree to these Terms of Use, or any of our other policies, you may not use or access the Site and any related services.
We have the right to revise these Terms of Use without notice to you and thus advise all users of the Site to visit this page frequently to review them. The most current version of these Terms of Use is the version applies to your use of the Site. If you continue to use the Site after any changes to these Terms of Use, you agreed to be bound by the revised Terms of Use that may be in force at that time. If you do not agree to any changes to these Terms of Use, you may not use or access this Site.
We encourage you to review our Privacy Policy, available here (the “Privacy Policy” and together with the Terms of Use, the “Agreement”), as your agreement to these Terms of Use includes your agreement to our Privacy Policy. Any conflict arising between these Terms of Use and our Privacy Policy shall be resolved by the Privacy Policy taking precedence with respect to the subject matter in question.
Binding Arbitration and Class Action Waiver
In using our Site, you agree that, should there be a dispute of any kind between you and Company, resolution of that dispute shall be decided by binding arbitration. The submission of a demand for arbitration and the timing of any response thereto will be in accordance with the arbitration rules of the American Arbitration Association (“AAA”). Arbitration under this Agreement shall be conducted in Orange County, California, before a single neutral arbitrator of the AAA, unless the parties agree upon another mutually acceptable arbitrator (in which case the arbitration will be conducted before such mutually acceptable arbitrator) in accordance with and selected pursuant to the rules and procedures of the AAA (“AAA Rules”) to the extent the AAA Rules do not conflict with the terms of this Agreement or applicable law. The AAA Rules will govern issues not explicitly addressed by this Agreement. Where there is a conflict between this Agreement and the AAA Rules, this Agreement will govern. In addition, where there is a conflict between applicable law and the AAA Rules and/or this Agreement, the applicable law will govern. This Agreement shall be governed by and construed in accordance with the laws of the state of California, without regard to conflict of law provisions.
You acknowledge that by agreeing to binding arbitration, you may be giving up any constitutional right to have disputes determined by a court of law or by a jury. You further agree that any potential claim between you and Company shall be brought on an individual basis only, and that there shall be no right for any dispute to be brought, heard, or arbitrated as a class action or a representative action.
The site
Our Services
We operate this Site to provide information about various behavioral health care facilities and providers. The Site is intended to serve the general public by providing general information about health care services. Content on the Site is strictly educational and informational. Just because a facility or health care provider is featured on the Site, does not mean that Company endorses or recommends said facility or provider. We do not guarantee the quality of care provided, or the results to be achieved, by any facility or provider. Users should conduct their own research into any facility or provider included on the Site. We are not representatives or agents for you. It is your sole responsibility to determine if any person is an appropriate admission to a facility to healthcare provider.
THE SITE DOES NOT PROVIDE MEDICAL OR HEALTHCARE ADVICE.
The Site is not intended to interfere with the provision of services by any health care professionals. The Site is not offered as an alternative or substitute to medical services, advice, or referrals from a licensed physician. WE EXPRESSLY DISCLAIM, AND YOU EXPRESSLY RELEASE US FROM, ANY AND ALL LIABILITY CONCERNING ANY TREATMENT, ACTION BY OR EFFECT ON ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED ON THROUGH OUR SITE. YOU SHOULD ALWAYS CONSULT WITH A TRAINED AND LICENSED MEDICAL PROVIDER FOR ANY MEDICAL CONCERNS. Any potential or actual emergency should be handled by contacting 911 and/or seeking emergency care immediately.
Your License to the Site
Subject to your continued compliance with these Terms of Use, we authorize you, on a non-exclusive, revocable, limited basis, to use and access our Site for your personal, informational purposes only. We reserve all rights not otherwise expressly granted by this Agreement. If you do not comply with these Terms, we reserve the right to revoke your access to and use of the Site.
Although the Company attempts to ensure the accuracy and integrity of the information on the Site, it makes no representations, warranties, or guarantees as to the accuracy of the Site and its content, and as such, it is possible that the Site could include typographical or other errors, or inaccuracies, and that unauthorized additions, deletions, and/or alterations could be made to the Site by third parties. In the event that any inaccuracy arises, please inform us so that it can be corrected.
Restrictions
The Site is for users over the age of 18 for personal, non-commercial use, subject to compliance with these Terms of Use and in accordance with applicable laws. The Site is intended for use within the United States. You represent and warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You will not use our Site (i) in a manner that will infringe the copyright, trademark, trade secret, patent, or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; (ii) to transmit, distribute or store material that is defamatory, obscene, threatening, abusive or hateful; (iii) for any illegal purpose or manner that would subject us to liability; (iv) to interfere, disrupt or attempt to gain unauthorized access to other accounts on the Site, to restricted portions of the Site or any other computer network or equipment; (v) to collect any information about other users, including but not limited to contact information of other users; (vi) to post, store or disseminate any type of computer viruses, Trojan horses or any other malicious, destructive, disabling code or programs designed to interrupt, permit unauthorized access, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment; (vii) to post, store or disseminate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation; (viii) to gain competitive intelligence about us or to otherwise compete with us or our affiliates, resell or use the Site for the benefit of any other entity other than you or use the information in the Site to create or sell a similar product or information; or (ix) modify, translate, alter, disassemble, decompile, manipulate, or reverse engineer any portion of the Site. Further, you may not (a) use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission; (b) use any device, software, or routine to interfere or attempt to interfere with the proper working of our Site; (c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; (d) decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Site; (e) circumvent, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein; or (f) remove, obscure, or alter any notice of copyright, trademark, or other proprietary rights appearing on or in the Site.
The Company reserves the right, in our sole discretion, to deny or suspend use of the Site to anyone for any reason.
Content
Our Content
The contents of this Site, including without limitation, text, design, graphics, images, and other content (collectively, the “Content”) are owned by or licensed to the Company, its third-party vendors, and/or other third parties. The Content is protected under copyright law. Your use of the Site provides limited access to view, download, and print the Content, solely in conjunction with your permitted use. No portion of the Site should otherwise be reproduced, stored, or transmitted by any means for any purpose. Such unauthorized use will constitute violation of copyright, trademark, and other laws. Any copies of copyrighted or trademarked materials, or names obtained from our Site, should retain all copyright and proprietary notices and should not be used without permission. Use of any Content on the Site does not grant ownership rights to such Content or to the Site. You may not sell or modify Content or display Content for public or commercial use.
User Content
You may be able to provide information or content to the Site. You agree not to provide any user information or other content that: (i) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful or that could encourage criminal or unethical behavior; (ii) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity; or (iii) contains or transmits a virus or any other harmful component. You represent and warrant that any content or information you provide to us of the Site is true, accurate, and complete.
Feedback
If you provide us with any suggestions, ideas, feedback, recommendations, or similar information related to our Site and services (collectively, “Feedback”), you grant us an exclusive, transferable, sublicensable, worldwide, royalty-free irrevocable license to use or incorporate such Feedback into our Site and/or services.
Links and Third Parties
Our Site may contain links to websites owned by third parties. Such sites are provided solely as resources and as a convenience to our users. These links, and any associated content, services or products, are not intended to be an endorsement, recommendation, or referral for any website or third party, and we are not responsible, nor do we make representation for any content, information, security practices, or privacy policies for these websites and/or third parties. If you, as a user of our Site, decide to access any third-party website using links from our Site, you do so at your own risk. Site users are expected to independently assess whether information and resources from any website, including ours, will meet their needs.
Disclaimers
The Site and all of its Content are provided on an “as-is” and “as-available” basis without any warranties of any kind. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AFFILIATES, SUBSIDIARIES AND AGENTS (THE “COMPANY ENTITIES”) DISCLAIM ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE COMPANY ENTITIES MAKE NO WARRANTY THAT THE SITE, SERVICES AND INFORMATION THEREIN WILL MEET YOUR EXPECTATIONS, WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE, OR THAT THE RESULTS OBTAINED FROM SUCH WILL BE ACCURATE, COMPLETE, CURRENT OR RELIABLE. You acknowledge and agree that any third party health care providers you communicate with and/or select for treatment are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all health care services provided to you, including any advice, instructions, treatment decisions, and other professional services performed, and that all diagnoses, treatments, procedures, and other professional services will be provided and performed exclusively by or under the supervision of those health care providers, in their sole discretion, as they deem appropriate.
Limitation of Liability, and Indemnification
THE COMPANY ENTITIES SHALL NOT BE LIABLE TO ANY USER OF THE SITE, FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE, ITS MATERIAL, OR ANY THIRD-PARTY WEBSITES LINKED TO THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, OR LOSS OF PROGRAMS OR OTHER DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR SOLE REMEDY TO ANY PROBLEM WITH THIS SITE, INCLUDING ERRORS FROM AND INACCURACIES WITHIN, IS TO CEASE USING THE SITE. THE COMPANY ENTITIES SHALL NOT BE LIABLE FOR YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTY, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ITS USE.
You agree to indemnify, hold harmless and defend the Company Entities from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees, arising out of or relating to your content; your access to, use or misuse of the Site; and your breach of these Terms of Use or any applicable law.
Waiver and Severability
Any failure by the Company to enforce any right or provision of these Terms of Use shall not constitute a waiver of such rights or provisions. Should any competent court or arbitrator find any provision herein as invalid or unenforceable, that provision will be enforced to the maximum extent permissible and any and all other provisions of these Terms of Use will remain in full force and effect.
Contact Us
If you have any questions about our practices or this Privacy Policy, please contact us at info@rehabsamerica.com or (888) 899-5552.