Terms of Service Agreement
This Terms of Service Agreement (“TOS”) is made between Advanced Brain and Body Health PLLC (“Provider”) and all persons who choose to use this Website.
For all purposes in this TOS, the following definitions apply:
“Provider” means Advanced Brain and Body Health PLLC.
“Website” means all content on the website with the homepage www.advancedbrainbody.com.
1. ACCEPTANCE OF TERMS
This Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of any portion of this Website constitutes your acknowledgment that you have read, understood, and agree to all such terms, conditions, and notices.
2. DESCRIPTION OF WEBSITE
Provider provides health care services to its patients. This Website is intended to be used to provide information about those services to Provider’s patients and potential patients and to facilitate the provision of those health care services to Provider’s patients. Unless explicitly stated otherwise, any new features on this Website that augment or enhance the services of Provider, including the release of new resources by Provider, shall be subject to this TOS. By accessing this Website you agree not to use this Website for any purpose other than the intended uses stated above. Provider does not guarantee availability of this Website at all times.
3. INFORMATION AND PRIVACY POLICY
By visiting this Website you agree to permit the use of “cookies” for online services on this Website to work. A “cookie”, also known as a web cookie, browser cookie and HTTP cookie, is a piece of text stored by a user’s web browser that allows this site to monitor your use of the site. Pursuant to Provider’s Privacy Policy, we may collect certain information about users who visit this Website and may disclose to third parties certain information collected in relation to your use of this Website, provided that such information will NOT include personally identifying information except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce the Terms of Service, or under any of the other circumstances set forth in our Privacy Policy, as may be amended from time to time.
4. TERMINATION AND ACCESS RESTRICTION
You agree that Provider, in its sole discretion, may terminate your password, use of the Website, and remove and discard any contents on the Website, for any reason, including, without limitation, for lack of use or if Provider believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service or Provider’s Privacy Policy. Provider may also in its sole discretion and at any time discontinue providing the Website, or any part thereof, without notice. You agree that your access to the Website may be terminated without prior notice under any provision of this TOS, and acknowledge and agree that Provider may immediately deactivate or delete your information and files related to the Website and/or bar any further access to such files or information. Further, you agree that Provider shall not be liable to you or any third-party for any termination of your access to the Website. Provider reserves the right to deny in its sole discretion any user access to this Website or any portion thereof without notice.
5. USE LIMITATION
The material provided on this Website may be protected by law, including, but not limited to United States Copyright Law and international treaties. The content, organization, graphics, design, compilation, software, computer systems and other materials on or related to this Website may be protected under applicable copyright, trademark and other proprietary and intellectual property rights. The copying, redistribution, use or publication by you of any such materials or any part of this Website is prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Website. The posting of information or materials on this Website does not constitute a waiver of any right in such information and materials. You agree that this Website is for the sole use of Provider and its patients and potential patients. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services related to this Website or the service of Provider. Unauthorized attempts to change information on this Website are strictly prohibited and may be punishable under applicable federal and/or state law.
6. INDEMNITY
You agree to indemnify and hold Provider, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your misuse of this Website or any of its contents, your violation of the Terms of Service, or your violation of any rights of another related to this Website.
7. ANTI-DISCRIMINATION POLICY
Provider does not discriminate on the basis of race, color, religion, creed, sex, gender identification, national origin, age, disability, marital status, sexual orientation, veteran status, pregnancy status, status with regard to public assistance, or any other status protected by applicable law in any manner, including in employment, the provision of services, or the publication of this Website. Any suspected violation of this anti-discrimination policy should be reported to Provider’s Service Contact listed in Section 9.
8. LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED ON THIS WEBSITE MAY INADVERTENTLY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS FROM TIME TO TIME. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THIS WEBSITE. PROVIDER MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS WEBSITE AND THESE TOS AT ANY TIME AND BY USING THIS WEBSITE YOU ALSO AGREE TO BE BOUND BY ANY SUCH LATER CHANGES TO THIS WEBSITE AND THESE TOS. PROVIDER MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED OR DESCRIBED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED OR DESCRIBED ON THIS WEBSITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEBSITE, WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.
9. SERVICE CONTACT
Contact Candi Tucker, 612-682-4912 with questions, concerns, or problems with this Website.
10. MODIFICATION OF THESE TERMS AND CONDITIONS
Provider reserves the right to change the terms, conditions, and notices under which this Website is offered. No prior notice may be given.
11. GENERAL INFORMATION
This TOS constitutes the entire agreement between you and Provider and governs your use of this Website, superseding all prior agreements between you and Provider. You also may be subject to additional terms and conditions that may apply when you use other services of Provider, third-party contents, or third-party software related to Provider’s services. The TOS and the relationship between you and Provider shall be governed by Minnesota law without regard to its conflict of law provisions and any applicable local or federal laws. You and Provider agree to submit to the personal and exclusive jurisdiction of the courts located within Minnesota. The failure of Provider to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of these TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website or this TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.