TERMS AND CONDITIONS

Terms and Conditions for Use of Orthopedic Website

PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS”). BY ACCESSING AND USING THIS WEBSITE (“SITE”), YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND AGREE TO THE FOLLOWING TERMS REGARDING THIS WEBSITE AND YOUR USE THEREOF, AS WELL AS THE INFORMATION CONTAINED IN THIS WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE.

Agreement: By using the website, you agree to these Terms and acknowledge that such Terms constitute a binding agreement between you and OrthoNeuro, such agreement effective on your first use of the website, and you agree that such Terms will apply to all persons accessing this website from your computer. You further agree that you are obligated to review these terms and conditions on a regular basis for any changes and that you agree to be bound by those changes. OrthoNeuro has the right to amend the terms and conditions herein at any time without notice to you by making changes as posted on the site.

No Medical Advice: OrthoNeuro’s website is designed for informational purposes only and does NOT render medical advice, opinion or professional services. The information provided through this website is not intended to be used for diagnosing or treating a health problem or disease of any sort. It is not a substitute for professional health care, and is designed to support – but NOT replace – the relationship you have with your health care provider. If you have or suspect you may have a health problem, you should consult your health care provider. You should not disregard advice, or delay obtaining advice, from a health care provider because of information contained on this website.

If you think you may have a true medical emergency, call Emergency Medical Services (911) immediately.

If you are seeking a referral or consultation with a medical expert, please contact OrthoNeuro, Monday through Friday, 7:30am to 5pm, at (614) 890-6555 or request an appointment using our online portal.

DISCLAIMER OF WARRANTIES: THIS WEBSITE AND THE CONTENT CONTAINED THEREIN ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. THUS, YOUR RELIANCE UPON THIS WEBSITE AND ITS CONTENTS IS SOLELY AT YOUR OWN RISK. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, ORTHONEURO (ON BEHALF OF ITSELF AND ITS PHYSICIANS, EMPLOYEES, AND AFFILIATES) EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL ORTHONEURO, OR ITS OFFICERS, DIRECTORS, PHYSICIANS, EMPLOYEES, OR AFFILIATES, HAVE ANY OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LIABILITIES ARISING WITH RESPECT TO THE WEBSITE, THE INFORMATION CONTAINED THEREIN, AND YOUR USE THEREOF.

Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or in relation to the web site or these Terms must be brought, if at all, within one (1) year after such claim or cause of action arose, or be forever barred.

Governing Law: The state and federal courts of the State of Ohio shall be the exclusive forum and venue for resolving any and all disputes arising out of or otherwise relating to the web site and these Terms. You hereby consent to jurisdiction and venue in the state and federal courts located in Franklin County, Ohio.

Third Party Links: This website may include links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement of the content on such sites. Orthoneuro makes no representations or warranties concerning, and is not liable or responsible in any manner for, any content, availability, performance, effectiveness, or other aspect of such third party sites. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk. Your use of such third party web sites may require you to first agree to third party terms and conditions, and any such agreement will be between you and the respective third party provider. Therefore, it is your sole responsibility to become familiar with any third party terms of use, privacy policies, and any other terms and policies that may be applicable.

Copyright Notice: This site and all content (including text, graphics, logos, icons, images, audio clips, digital downloads, data compilations) provided or otherwise offered to you by OrthoNeuro (i) is the exclusive property of OrthoNeuro or is licensed to OrthoNeuro by a third party owner; (ii) is protected by copyright and other relevant laws; and (iii) may not be reproduced, duplicated, copied, or distributed without the owner’s prior written consent.

In addition to protecting its own rights, OrthoNeuro is committed to protecting the rights of others. Before you may reproduce, duplicate, copy, or distribute certain types of material (including, but not limited to, logos, photographs, and graphic designs), you are required by copyright law to own the right to, or to obtain permission to use, such material. You are solely responsible for obtaining such permission and for any copyright violations that may incur as a result of your use of, and other activities associated with, this website.

If you believe that your work, or the work of another, has been copied in a way that infringes copyright law, please contact OrthoNeuro immediately at info@orthoneuro.com.

Severability: If any part of this Agreement is held to be invalid or unenforceable, the parties agree that (i) to the extent possible, the invalid or unenforceable provision should be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision; and (ii) the remainder of the Agreement should remain in full force and effect.

Submission of Unsolicited Information: While OrthoNeuro appreciates the interest of users in improving the web site, before submitting any ideas or comments regarding improved or new products, services, or content, please be aware that any unsolicited ideas or comments submitted to OrthoNeuro or any of its physicians, employees, or affiliates automatically become the property of OrthoNeuro. By submitting such unsolicited ideas or comments, you automatically forfeit any rights to such ideas or comments.

User Account: Before opening an account, it is your responsibility to ensure that any information, services, or products available through the web site will meet your specific needs and requirements. When creating an account, you will need to provide personal information, including protected health information. OrthoNeuro protects and uses such information as set forth in its Online Privacy Policy and HIPAA Notice of Privacy Practice. By opening an Account, you (i) agree that all agreements (including these Terms), notices, disclosures, and other

communications provided electronically satisfy any legal requirement that such communications be in writing; (ii) warrant that you are at least 18 years of age and that the personal information provided (such as name, mailing address, email address, financial information, social security number, and medical information) to set up your account is true, accurate, current, and complete; and (iii) your account and use of the website will not be for fraudulent or unlawful purposes.

OrthoNeuro may terminate an account set up when users violate any of the aforementioned representations, warranties, and covenants, and OrthoNeuro reserves the right to terminate an account that has been inactive for more than 365 days.

Entire Agreement: These Terms constitute the entire agreement between you and OrthoNeuro with respect to this site, and supersede all other communications, written or oral, with regard to the same. In case of inconsistencies between these Terms and any information included in off-line materials, these Terms will control. OrthoNeuro may amend these Terms at any time, for any reason, and without notice.

OrthoNeuro Online Privacy Policy

OrthoNeuro takes your privacy seriously. Below is our Online Privacy Policy. For more information about the privacy of your personal health information, please read our HIPAA Notice of Privacy Practices

OrthoNeuro values individual privacy and we want to give you the opportunity to understand the kind of information that we learn about you from our website. If you believe that OrthoNeuro is not following its stated Online Privacy Policy, or if you have questions about the Online Privacy Policy, please direct inquiries to:

WHAT THIS POLICY COVERS

This Online Privacy Policy covers OrthoNeuro’s treatment of personally identifiable information which is collected from you on the OrthoNeuro website and when you use any related online services. This Online Privacy Policy does not apply to the practices of companies that OrthoNeuro does not own or control, nor to people that OrthoNeuro does not employ or otherwise manage and direct.

WHAT INFORMATION DO WE COLLECT?

OrthoNeuro collects personally identifiable information when you set up a user account, visit the OrthoNeuro website, make purchases, request services, send communications, participate in surveys, and otherwise chose to provide information to OrthoNeuro through its website. Examples of personally identifiable information which may be collected includes, without limitation:

your name, birth date, contact information, and other personal information;

personal identifiers, such as your Social Security Number, username/password, credit card accounts; and,

specific personal information, such as survey responses, racial or ethnic origin, rel