As mentioned above, CCO Services include a Telehealth technology platform and infrastructure to connect individuals with a licensed Physical Therapist (the “Provider”) in real time via live streaming video and/or telephone for the purpose of participating in a health care consultation. These consultations help to determine the client’s potential need and benefits for physical therapy, summarize current research and pain science education, and provide information as needed on where to seek out further quality health care. The consultation is purely educational; therefore medical or treatment diagnoses are not given. The Services provided by CCO do not require referral because they do not provide these specific diagnoses and do not aim to treat user’s symptoms. While the Providers on this site may give general advice on where to look for healthcare services for patients having trouble navigating their healthcare choices, these are in no way referrals, and CCO does not have any financial benefit from any third party healthcare providers that may be discussed as options.
By using this site the patient acknowledges it is their own final choice on treatment options and where to go for their care.
CCO does not guarantee that a telephone-based consultation, secure email consultation, or web-based video consultation is the appropriate decision for your particular health care problem. You agree to contact your primary care physician immediately should your condition change or your symptoms worsen. If you require urgent care, you should contact your local emergency services immediately.
ACKNOWLEDGEMENT OF LIMITATIONS
Telehealth Consultations are delivered using interactive audio and/or video technology, where the patient and Provider are not in the same physical location. During your Telehealth Consultation with a Provider details of your medical or health history and personal health information may be discussed through the use of interactive audio, video, and/or other telecommunications technology. Depending on your medical or health history and/or specific complaint, you may be asked to provide information through other electronic means, and verify your identity with a driver’s license or other legal photo identification.
FRAUD PREVENTION AND SECURITY
CCO may contact you by telephone, mail or email to verify your CCO account information. CCO may request further information from you and you agree to provide such further information to ensure you have not fraudulently created your account. If you do not provide this information in the manner requested within 14 days of the request, CCO reserves the right to suspend, discontinue, or deny your access to and use of the Website and Services, until the information is provided to CCO as requested.
INFORMATION IS NOT MEDICAL ADVICE
The information provided through CCO Services is for informational and educational purposes only and is not professional medical advice, diagnosis, treatment, or care, nor is it intended to be a substitution therefore. Always seek the advice of your physician or other qualified health provider properly licensed to practice medicine or general healthcare in your jurisdiction concerning any questions you may have regarding any information obtained from this Website and any medical condition you believe may be relevant to you or to someone else. Never disregard professional medical advice or delay seeking it because of something you have read on this Website or heard through CCO Services. Always consult with your physician or other qualified healthcare provider before embarking on a new treatment, diet, or fitness program. Information obtained through CCO Services is not exhaustive and does not cover all diseases, ailments, physical conditions, or their treatment. Nothing contained within CCO Services is intended to be used for medical diagnosis, treatment diagnosis, treatment, or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by CCO.
DISCLAIMER OF WARRANTIES
CCO Services are provided “AS IS” and “AS AVAILABLE”. While CCO endeavors to provide information that is correct, accurate, current, and timely, CCO makes no representations, warranties, or covenants, express or implied, including, without limitation, no representation, warranty, or covenant that (1) the content contained in or made available through CCO Services will be of merchantable quality and/or fit for a particular purpose; (2) the CCO Services will be accurate, complete, current, reliable, timely, or suitable for any particular purpose; (3) that CCO Services will be uninterrupted or error-free; (4) that defects or errors in CCO Services, be it human or computer errors, will be corrected; (5) that CCO Services will be free from viruses or harmful components; and (6) that communications to or from CCO will be secure and/or not intercepted. You acknowledge and agree that your access and use of CCO Services is entirely at your own risk and liability.
LIMITATION OF LIABILITY
In no event shall CCO, its officers, directors, employees, contractors, agents, licensors, content providers and their respective successors and assigns be liable for damages of any kind, including, without limitation, any direct, special, indirect, punitive, incidental, or consequential damages including, without limitation, any loss or damages in the nature of, or relating to, lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment, or any other loss incurred in connection with your use, misuse, or reliance upon the CCO Services, or your inability to use CCO Services, regardless of the cause and whether arising in contract, tort, or otherwise. The foregoing limitation shall apply even if CCO knew of or ought to have known of the possibility of such damages. It is further agreed that CCO expressly disclaims any and all liability for the acts, omissions, and conduct of any third-party user of the Website, or any advertiser or sponsor of the Website (“third-party”). Under no circumstances shall CCO, its officers, directors, employees, contractors, agents, licensors, content providers, and their respective successors and assigns, be liable for any injury, loss, damage (including direct, special, indirect, punitive, incidental, or consequential damages), or expense arising in any manner whatsoever from (i) the acts, omissions, or conduct of any third-party; and (ii) any access, use, reliance upon, or inability to use any materials, content, goods, or services located at, or made available at, any website linked to or from the CCO Website, regardless of the cause and whether arising in contract, tort, or otherwise. The foregoing limitation shall apply even if CCO knew of or ought to have known of the possibility of such damages.
You agree to indemnify, defend, and hold harmless CCO and its officers, directors, employees, contractors, agents, licensors, content providers, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from (1) your breach of any of the terms and conditions of this Agreement; (2) your access to, use, misuse, reliance upon, or inability to access or use CCO Services, or any website to which the Website is or may be linked to from time to time or; (3) your use of, reliance on, publication, communication, distribution, uploading, or downloading of anything (including the Content) from CCO Services.
USE OF CCO SERVICES
You represent that you are of legal age and you agree to the terms and conditions set forth in this Agreement, OR that you have the permission of your parent(s)' or legal guardian(s)' permission to access and use this Website, to register on the Website, to enroll for Consultations of this site, and/or to use all CCO Services offered. Access to a CCO Telehealth Consultation is not intended to be used by, and is not directed to, anyone less than 18 years of age. If you register for, enroll for, purchase and/or use CCO Services, you represent you are at least 18 years of age, or have a parent or legal guardian present during all CCO Services. You represent that if you are acting on behalf of an entity, you have the authority to bind such entity.
You also represent that you are not a person barred from enrolling for, and/or receiving, CCO Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Website and/or CCO Services is limited to users in the United States. However, recognizing the global nature of the Internet, it may be possible to access and/or use the Website and/or CCO Services outside of the United States. In the event of such access and/or use, you agree to comply with all local rules regarding online conduct and transmission of information, including, without limitation, all applicable laws regarding the transmission of technical data exported from the United States or any other jurisdiction, and you acknowledge that CCO makes no representation or warranty that we, any of the CCO Services, or any information on the Website or transmitted via a Consultation is lawful in any jurisdiction outside the United States.
By using this service you agree to not hold Owner responsible for any injuries incurred during the session, and acknowledge that ClearCut ORTHO has no way of assisting you in case of a medical emergency, whether life threatening or not.
Use of the Website and CCO Services is not for use for medical emergencies or urgent situations. If you think you have an emergency, call 911 immediately. At the discretion of CCO, you may be asked for an emergency contact in your intake paperwork or verbally during the Consultation, but it is not the job of CCO to contact local authorities or your emergency contact in the event of a life-threatening emergency. In good faith, CCO employees, in the event of a rare emergency during a Consultation, may try to contact your local authorities or emergency contact. In an emergency event, you agree to not hold CCO liable for disclosure of your name, location, or any health information given by a CCO employee to local authorities or your emergency contact.
LIMITATIONS ON USE
You agree not to: (1) access the Website or use the CCO Services in an unlawful way or for any unlawful purpose, (2) post or transmit (a) a message under a false name, or (b) any data, materials, content or information (including, without limitation, advice and recommendations) (collectively, “Information”) which is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damages, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Website or CCO Services, personal information, software, equipment, servers or Information or facilitate or promote hacking or similar conduct, (3) impersonates or misrepresents your identity or falsely states or misrepresents your affiliation with a person or entity, (4) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Website or CCO Services, (5) use robots or scripts with the Website, (6) or attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, Information on or received by this Website, or (7) to have anti-virus and/or anti-spyware software running that is set to override the Internet browser's cookie settings.
You agree that any Information you provide or use on the Website, and your use of the Website or the Services, will not infringe on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties. CCO may delete any Information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, and obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.
You are solely responsible for maintaining the confidentiality of your password and for all activities that occur under your password. You agree to prohibit anyone else from using your password and to immediately notify CCO in writing of any unauthorized use of your password or other security concerns of which you become aware.
ELECTRONIC MEDICAL RECORD
OPERATION AND RECORD RETENTION
CCO reserves complete and sole discretion with respect to the operation of the Website and any CCO Services. CCO may, among other things, withdraw, suspend or discontinue any functionality or feature of the Website or the Services. CCO is not responsible for transmission errors or corruption or compromise of Information carried over local or interchange telecommunication carriers. CCO is not responsible for maintaining information arising from an individual’s use of the Website or in respect to the CCO Services. CCO reserves the right to maintain, delete or destroy all communications and information posted or uploaded to the CCO Services pursuant to its internal record retention, archiving, and/or destruction policies. Notwithstanding the foregoing, CCO archives all Personal Health Information, and Electronic Medical Records, associated with usage of CCO Website and CCO Services for seven (7) years.
THIRD PARTY LINKS
SUBSCRIPTIONS THROUGH THIRD PARTIES
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. CCO is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. CCO may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. CCO takes no responsibility and assume no liability for any comments posted by you or any third-party.
The content is protected by copyright law and is owned by ClearCut ORTHO®, LLC. Except as granted in the limited license herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of its Content, whether in whole or in part, is prohibited without the express prior written consent of CCO.
Subject to the terms and conditions of this Agreement, CCO hereby grants you a limited, non-transferable, revocable, and non-exclusive license to access, view, and use CCO Services for your own personal, non-commercial use. You are granted the right to download, store, and/or print single copies of items comprising the Content and software needed for your personal, non-commercial use of CCO Services provided that you maintain all copyright and other notices contained in such Content. With the exception of your Electronic Medical Record, you may not copy and/or repost items comprising the Content online. You must also abide by any additional requirements governing the use of any specific Content that may be set out in the Website. In the event of a conflict between the terms of a license governing specific Content of this Agreement, the terms of the specific license shall govern.
ClearCut ORTHO® is a trademark of the Owner. Other names, words, titles, phrases, logos, designs, graphics, icons, and trademarks used within CCO Services may constitute registered or unregistered trademarks of the Owner or third parties.
To use certain features of the Website, you may be asked to create an account with the Website. When you register with CCO Services, you agree (1) to provide true, accurate, current, and complete information about yourself as prompted by any registration form; and (2) to maintain and promptly update the information to ensure it remains true, accurate, current, and complete. If CCO has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CCO has the right to suspend or terminate your access to all or part of the Website.
SOFTWARE LICENSE AND OWNERSHIP
All software embedded in or located on or at the Website, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (“Software”) is protected by copyright and may be protected by other rights. All such Software is owned by CCO, its licensors, or the party accredited with ownership of such Software. You are hereby granted the right to access and use the Software embedded and integrated into the Website, subject to (1) the terms and conditions of this Agreement; and (2) any additional conditions which may be imposed on your access and use of such Software. Except to the extent expressly permitted in this Agreement, you may not (1) use, reproduce, modify, adapt, translate, upload, download, or transmit the Software in whole or in part; (2) sell, rent, lease, license, transfer, or otherwise provide access to the Software; (3) alter, remove, or cover any trademarks or proprietary notices included in the Software; and/or (4) decompile, disassemble, decrypt, extract, or reverse engineer the Software or assist others in doing so. Other than the limited license granted herein, nothing contained in the Website shall be construed as granting you any right, title, interest, or other license in or to any Software embedded or integrated into the Website or made available for download from the Website, including, but not limited, to any intellectual property rights in the Software.
MODIFICATION TO WEBSITE
CCO reserves the right any time, and from time to time, to modify or discontinue, temporarily or permanently, any CCO Services (or any part thereof) with or without notice to you. CCO shall have no liability to you or any third party for any modifications, suspension, or discontinuance of the Website or any part thereof. Prices for our Products and Consultations are subject to change without notice. We shall not be liable to you or to any third-party for any modification or price change.
USE PROHIBITED WHERE CONTRARY TO LAW
Use of any CCO Services is unauthorized in any jurisdiction where the Website, any of the Content, or the Consultations provided may violate any laws or regulations. You agree not to access or use the CCO Services in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of this Agreement) is entirely at your own risk.
GOVERNING LAW AND JURISDICTION
The Website is operated by CCO from its offices within the State of Texas. You agree that all matters relating to your access or use of the Website and its Content shall be governed by the laws of the State of Texas and the laws of the United States applicable therein, without regard to conflict of laws principles. You agree and hereby submit to the exclusive jurisdiction of the courts of the State of Texas with respect to all matters relating to your access and use of the Website and the Content as well as any dispute that may arise therefrom and that the applicable law shall be the law of the State of Texas. Venue if any action related to the Website or the Content thereof shall be in Tarrant County, Texas. Any cause of action or claim you may have with respect to CCO must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable.
TERMINATION AND DISCRETION
CCO may, in its sole discretion, cancel or terminate your right to use the Website, or any part of the CCO Services, at any time without notice. In the event of termination, you are no longer authorized to access the Website, or the part of the Services affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Website and the disclaimers and limitations of liabilities set forth in this Agreement, shall survive termination of this Agreement. The Owner shall not be liable to any party for such termination. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
WAIVER OF JURY TRIAL