Terms of Use

WEB SITE TERMS OF USE

Welcome to the web site turntablehealth.com (the “Web Site”), owned and operated by Turntable Medical Group (the “Group,” “we” or “us”). All users of the Web Site are subject to the following terms and conditions of use (these “Terms of Use”).

Please read the following Terms of Use carefully because they will apply to your access to and use of the Web Site, and constitute a legally binding agreement between you and the Group. If you do not accept these Terms of Use, you will not be able to use the Web Site.  Please note that you may not use the Web Site and may not accept these Terms of Use if you are a person barred from using the Web Site under the laws of the United States.

The Group may revise and update these Terms of Use at any time without notice by posting the amended terms to the Web Site.  Your continued use of the Web Site means that you accept and agree to the revised Terms of Use.  If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with the Web Site, your sole and exclusive remedy is to discontinue using the Web Site. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED AT ANYTIME BY CLICKING ON THE “TERMS OF USE” HYPERLINK ON THE WEB SITE.

 

1. INTRODUCTION TO THE WEB SITE

The Web Site provides general information about the Group and wellness information. You can look up the schedule for wellness classes and may be able to enroll in certain classes. The Web Site allows you to enroll as a member in various offerings, including individual service plans. You may pay for the services you receive from the Group via the Web Site.

If you enroll in any classes or enroll in any offerings, you may not misrepresent impersonate any person and all information you submit must be complete, accurate, and current.

 

2. NOT AN EMERGENCY SERVICE

Even though you may be able to communicate with the Group or certain of your providers through the Web Site or e-mail, communications are not real-time.  The Web Site does not provide any medical services, including but not limited to emergency or urgent medical services.  PLEASE CALL 911 OR YOUR HEALTH CARE PROVIDER IF YOU BELIEVE THAT YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR IF YOU ARE EXPERIENCING HEALTH CHANGES THAT ARE WORRISOME TO YOU.

The health information on the Web Site is for general education purposes only and is not intended to constitute medical advice. The information should not be used for diagnosis or treatment, nor should it be used to replace the advice of licensed healthcare professionals. If you have any concerns about your health, please call your healthcare provider.

 

3. PAYMENT

You may pay the services provided by the Group through the Web Site. You hereby authorize us to process these payments via your chosen method. We will use your payment information (such as credit card, debit card or bank routing number) solely for the purpose of processing your payment.

 

4. TERMINATION OR RESTRICTION OF ACCESS

The Group reserves the right, in its sole discretion, to terminate your access to any or all of the Web Site or any portion thereof, at any time, without notice.

 

5. COPYRIGHT RESTRICTIONS/USE OF CONTENT

The Web Site, including all information, materials, software, text, displays, images, video and audio (collectively, the “Content”) are proprietary to the Group or its affiliates or licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights.  You are authorized to use the Content only through the means provided by the Group and only for use related to your role as a current or prospective customer of the Group. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the Content without the prior written consent of the Group, except to: (a) store copies of the Content temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages from the Web Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither title nor any intellectual property rights to any Content or related information are transferred to you, but remain with the Group or the applicable owner of such content.  Except as expressly authorized by the Group in writing, you may not reproduce, sell or exploit for any commercial purposes (1) any part of the Web Site; (2) access to the Web Site; or (3) use of the Web Site.

You may not (and may not authorize any party to) (i) co-brand the Web Site, or (ii) frame the Web Site or any web page related thereto without the express prior written permission of an authorized representative of the Group.  For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish or distribute the Web Site or content accessible within the Web Site.  You agree to cooperate with the Group in causing any unauthorized co-branding, framing or hyperlinking immediately to cease.

 

6. TRADEMARKS AND PROPRIETARY INFORMATION

Turntable Health, the Group logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Group and/or its affiliates.  You may not use such marks without the prior written permission of the Group.  All other names, brands and marks are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners. The Group and any party that provides trademarks, service marks, logos, and copyrighted works to the Group retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing on the Web Site.  All rights are reserved.

 

7. DISCLAIMER

YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. THE WEB SITE AND ALL CONTENT HEREIN IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE GROUP DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. THE GROUP DOES NOT WARRANT THAT: (I) YOUR USE OF THE WEB SITE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE WEB SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

8. LIABILITY OF THE GROUP AND ITS LICENSORS

IN NO EVENT WILL THE GROUP OR ITS LICENSORS OR THIRD PARTY VENDORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEB SITE, THE CONTENT, ANY OTHER SERVICES PROVIDED, WHETHER BY THE GROUP OR A THIRD PARTY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, DEATH, LOST PROFITS, ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE OF GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR THE CONTENT SUSTAINED BY ANY PERSON OR ENTITY, WHETHER OR NOT THERE IS NEGLIGENCE BY THE GROUP AND WHETHER OR NOT THE GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE GROUP AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE GROUP FOR THE SERVICE GIVING RISE TO THE CLAIM IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE OF THE CLAIM OR CAUSE OF ACTION.

 

9. INDEMNIFICATION

You agree to indemnify and hold harmless the Group and its officers, directors, employees, agents, affiliates, third party information providers, licensors, contractors and others involved in the Web Site or the delivery of services or information through the Web Site (collectively, “Indemnified Parties”), from any breach of these Terms of Use by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from or through the Web Site.

 

10. PRIVACY; PROTECTION OF PERSONAL INFORMATION AND SECURITY

The Group’s use of your personal information and your responsibilities in connection with protecting your privacy are described in the Group’s Privacy Policy, which is incorporated by reference into these Terms of Use.

Any passwords used for the Web Site are for individual use only. You will be responsible for the security of your password.

You are prohibited from using any services or facilities provided in connection with the Web Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, the Group reserves the right to release your details to system administrators at other web sites in order to assist them in resolving security incidents.

The Group reserves the right to cooperate fully with any law enforcement authorities with respect to any investigations involving any attempt to compromise security or tamper with system resources or with court orders requesting or directing the Group to disclose the identity of anyone posting any messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THESE TERMS OF USE YOU WAIVE AND HOLD HARMLESS THE GROUP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE GROUP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE GROUP OR LAW ENFORCEMENT AUTHORITIES.

 

11. COMMENTS AND SUBMISSIONS

The Group welcomes your comments, whether through the Web Site or e-mail.  The Group has the right to use any such ideas in its products or services without any compensation to you. You understand that all of these comments, submissions, and information you submit are non‑confidential for all purposes, unless otherwise prescribed by law.

 

12. THIRD PARTY LINKS

The Web Site may link to other web sites which are not maintained by or related to the Group. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with the Group, and the Group has not reviewed any or all of such web sites and is not responsible for the content of those web sites. The Group is not responsible for and does not endorse the content, products, services or practices of any third party web sites, including, without limitation, web sites framed within the Web Site or third party advertisements, and does not make any representations regarding their quality, content or accuracy. The Group makes no representations or warranties as to the security of any third party web site and your use of third party web sites is at your own risk and subject to the terms and conditions of use for such web sites.

You acknowledge and agree that the Group has no responsibility or liability for the availability of such external services or web sites.

 

13. COMPLIANCE

The owner of the Web Site is based in the State of Nevada, USA.  The Group makes no representation that materials available on or through the Web Site are appropriate or available for use in other locations.  If you access the Web Site from other locations, you are responsible for complying with local laws.

 

14. MISCELLANEOUS

These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of Nevada, USA, without regard to its conflicts of law principles. Any dispute between the parties will be resolved by binding arbitration in Clark County, Nevada. The arbitration proceedings will be conducted in accordance with the procedures set forth by the American Health Lawyers Association with the non-prevailing party responsible for the payment of the arbitration and for all reasonable attorneys’ fees.

These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and the Group with respect to the Web Site. Any cause of action you may have with respect to the Web Site must be commenced within one (1) year after the claim or cause of action arises or else such claim or cause of action is barred.

If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties.  The other provisions of these Terms of Use shall remain in full force and effect.

The Group’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision.  Neither a course of dealing or conduct between you and the Group nor any trade practices shall be deemed to modify these Terms of Use.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Group as a result of these Terms of Use or use of the Web Site.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The Group may revise these Terms of Use at any time by updating this posting.  Such revised Term of Use will apply to the use of the Web Site after they are posted. These Terms of Use were last updated on December 10, 2013.

 

CH01/ 26280260.1

Connect

What's up?

  • This field is for validation purposes and should be left unchanged.