TERMS AND CONDITIONS
Agreement between user and www.performanceoptimalhealth.com
Welcome to www.performanceoptimalhealth.com. The www.performanceoptimalhealth.com website (the "Site") is comprised of various web pages operated by Performance Healthcare Management LLC ("Performance") and its affiliate practice locations, www.performanceoptimalhealth.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.performanceoptimalhealth.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
www.performanceoptimalhealth.com is a healthcare site that allows responsible parties and/or patients the ability to pay for services and/or items received.
Visiting www.performanceoptimalhealth.com or sending emails to Performance constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, 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. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Performance is not responsible for third party access to your account that results from theft or misappropriation of your account. Performance and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Performance does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.performanceoptimalhealth.com only with permission of a parent or guardian.
Refunds requested within 48 hours may be refunded to your credit card. Otherwise, Performance will issue a refund check within 30 days of your request.
Links to third party sites/Third party services
www.performanceoptimalhealth.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Performance and Performance is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Performance is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Performance of the site or any association with its operators.
When you access Linked Sites, you are subject to any specific terms and conditions set forth by the operators of the Linked Sites. Performance does not maintain or control and is not responsible for the linked sites. You acknowledge and agree that Performance is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, language availability, appropriateness, availability or any other aspect of such Linked Sites or any statements made therein. Be aware of and read all applicable terms and privacy policies whenever you leave the Site. Furthermore, Performance disclaims all liability associated with any damages arising from your use of the Linked Sites. By clicking on one of the Linked Sites, you acknowledge and agree that you assume all responsibility associated with your use of the Linked Sites.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Performance or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Performance content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Performance and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Performance or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Performance from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Performance Content accessed through www.performanceoptimalhealth.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Performance, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Performance reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Performance in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PERFORMANCE PHYSICAL THERAPY OF CONNECTICUT LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
PERFORMANCE PHYSICAL THERAPY OF CONNECTICUT LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. PERFORMANCE PHYSICAL THERAPY OF CONNECTICUT LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Performance reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Connecticut and you hereby consent to the exclusive jurisdiction and venue of courts in Connecticut in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Performance as a result of this agreement or use of the Site. Performance's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Performance's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Performance with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Performance with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Performance with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Performance reserves the right, in its sole discretion, to change the Terms under which www.performanceoptimalhealth.com is offered. The most current version of the Terms will supersede all previous versions. Performance encourages you to periodically review the Terms to stay informed of our updates.
Performance welcomes your questions or comments regarding the Terms:
Performance Healthcare Management LLC
35 River Road
Cos Cob, Connecticut 06807
Effective as of January 15, 2021