General Terms of Use
Your access to and use of Beatty Sports Medicine, LLC’s (“BHSM”) Website and any page contained herein, including all Website pages whose URL includes “beattyharrissportsmed.com/,” all of which are collectively referred to below as the “Website”, is subject to the following Terms of Use (“Terms”) and all applicable laws. Please read the following information carefully before accessing this Website. If you do not agree to be bound by these terms and conditions, promptly exit this Website. Your continued use of this Website indicates your agreement and acceptance of the following terms and conditions.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, BHSM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, BHSM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS OFFERED BY THIRD PARTIES, RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, BHSM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE.
UNDER NO CIRCUMSTANCES SHALL BHSM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF BHSM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR MISUSE OF THE WEBSITE, FROM YOUR INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY THIRD-PARTY SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY THIRD-PARTY INFORMATION, ADVICE, OR ADVERTISEMENT RECEIVED THROUGH THE WEBSITE OR THROUGH ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify, defend, and hold BHSM its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, vendors, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, due to or arising out of your use or misuse of the Website; your violation of the Terms; your breach of any of the representations and warranties herein; or your violation of any rights of another.
No Legal Advice
The information and services on this Website are not intended to and shall not be used as legal advice. You use the content, information, and services on this Website at your own risk.
Links to Third Party Sites
This Website may provide links to other third-party World Wide Web sites or resources. BHSM makes no representations whatsoever about any other web site which you may access through this Website. Because BHSM has no control over such sites and resources, you acknowledge and agree that BHSM is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. References on this Website to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. BHSM makes no representation or warranty as to any third-party content, products or services, and you agree that BHSM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products or services available on or through any such site or resource.
Registration and Account Information
Certain sections of this Website may require you to register as a user or create an account. By registering or creating an account, you agree to provide accurate and complete information and to inform us of any changes to that information. Each registration is for a single user only, unless otherwise expressly provided on the registration page. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you believe there has been unauthorized use, you must notify us immediately.
Advertising and Publicity
You shall not use BHSM’s name or logo in any form of publicity or promotional or advertising material, or in any communications with the media without BHSM’s prior written consent to the specific contemplated use.
Termination
You acknowledge and agree that BHSM, in its sole discretion, may terminate your Website access if your conduct is found to be unlawful, inconsistent with, or in violation of, the letter or spirit of these Terms, or for any other reason, BHSM shall not be liable to you or any third party for termination of Website access. Should you object to any terms and conditions of these Terms, or to any subsequent modifications thereto, your only recourse is to immediately discontinue use of the Website.
Disputes; Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its choice of law provisions. Any action, dispute or claim relating in any way to this Website and/or your use of this Website (including without limitation claims relating to the breach of the Terms or the unauthorized disclosure of personally identifiable information) shall be filed only in state or federal courts located in Delaware County Pennsylvania, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises.
Compliance with Applicable Laws
This Website is operated, in whole or in part, from the United States. User access to this Website is governed by all applicable federal, state and local laws. All BHSM publications are commercial in nature. BHSM does not make any representations regarding the legality of access to or use of this Website or the information contained therein from other countries. Users who access this Website from outside of the United States do so at their own risk. By using this Website, regardless of where you live in the world, you consent to have your personal data transferred to and processed and collected in the United States in compliance with the privacy policy.
Severability of Provisions
If any provision of these Terms is deemed unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
Contact Information
If you have any questions about these Terms or about the content, information, or services on this Website, you may contact BHSM using any of the methods described on our contact us page.
Updates and Changes to Privacy Policy
BHSM reserves the right, at any time, to add to, change, update or modify these Terms simply by posting such change, update or modification on the Website. Any such change, update or modification will be effective immediately upon posting.