Terms of Use

Welcome to https://clearcutortho.com. This website is owned and operated by ClearCut ORTHO. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

This agreement is in effect as of Sept 12, 2018.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

    1. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
    2. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
    3. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
    4. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
    5. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
    6. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
    7. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
      1. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
      2. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
      3. Contains any type of unauthorized or unsolicited advertising;
      4. Impersonates any person or entity, including any ClearCut ORTHO employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

  1. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of ClearCut ORTHO, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.
  2. You agree to indemnify and hold harmless ClearCut ORTHO and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

 

Privacy

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:

i) the use of our Resources will meet your needs or requirements.

ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.

iii) the information obtained by using our Resources will be accurate or reliable, and

iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

vi) no information or advice, whether expressed, implied, oral or written, obtained by you from https://clearcutortho.com or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. ClearCut ORTHO will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

TELEHEALTH CONSULTATIONS

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.

By using CCO Services, you agree to the following: (1) In some instances the information transmitted may be of insufficient quality to allow for appropriate medical or health care decision making by the Provider (i.e., poor resolution images, etc.), (2) Delays in consultations could occur due to failure of the systems (software, hardware, electronic equipment, Internet connections, etc.), (3) In some instances a lack of access to all of your medical records may result in judgment errors, (4) In some instances a lack of full visualization of the clients body and movements via telephone or video applications may result in judgment errors, (5) CCO has no way to help in an emergency situation and will not be held liable for action or inaction taken in the event of an emergency, (6) Although the electronic systems we use will incorporate networks and software security protocols to protect the privacy and security of health information, in some instances, security protocols may fail and cause a breach of privacy and/or personal health information.By accepting these Terms of Use you acknowledge that you understand and agree with the following: (1) You understand that you may expect the anticipated benefits from the use of telemedicine in your care, but that no results can be guaranteed or assured, (2) You understand that the laws that protect the privacy and security of health information apply to Telehealth and you have access to CCO’s privacy practices which describe these protections in more detail, (3) You understand that you are fully responsible for payment, (4) You understand your Provider, in his or her sole discretion and professional judgment, may determine that Telehealth Services are not appropriate for your needs and, accordingly, may elect not to provide this consultation service to you through the CCO platform.

Copyrights/Trademarks

All content and materials available on https://clearcutortho.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of ClearCut ORTHO, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by ClearCut ORTHO.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law

This website is controlled by ClearCut ORTHO from our offices located in the state of TX. It can be accessed by most countries around the world. As each country has laws that may differ from those of TX, by accessing our website, you agree that the statutes and laws of TX, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in TX You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee

UNLESS OTHERWISE EXPRESSED, ClearCut ORTHO EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

This site does not provide medical advice

The contents of this website, such as text, graphics, images, information obtained from licensors, and other material contained on the Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.

Always seek the advice of your physical therapist, your physician or other qualified health providers with any questions you may have regarding a medical condition, treatment, stretches or exercises. Never disregard professional medical advice or delay in seeking it because of something you have read on this website.

If you think you may have a medical emergency, call your doctor or 911 immediately. We do not recommend or endorse any specific tests, products, procedures, stretches, exercise, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by this website is solely at your own risk.

Notice and takedown procedures; and copyright agent

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this website by contacting the copyright agent (identified below) and providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.

A signature or the electronic equivalent from the copyright holder or authorized representative.

Agent for copyright issues relating to this website is as follows:

Practice Promotions LLC

7305 Hancock Village Drive, Suite 117, Chesterfield, VA 23832. Or call: 800-594-7656

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
ClearCut ORTHO Physical Therapy Specialists
1001 12th Ave #201
Fort Worth, TX 76104
P: 817-719-7714
F: 817-796-1114