End-User License Agreement

for TrekoClinics.com Digital Content

IMPORTANT! NOTICE TO USER: PLEASE CAREFULLY READ THE TERMS AND CONDITIONS OF THIS END-USER LICENSE AGREEMENT BEFORE CONTINUING WITH YOUR PURCHASE OF LICENSE.

THIS END-USER LICENSE AGREEMENT ("EULA” or “AGREEMENT") APPLIES WITH RESPECT TO ALL VIDEOS, PDF FILES, AND ALL OR ANY DIGITAL CONTENT (“DIGITAL CONTENT”) OWNED AND PROVIDED BY REHAB TECHNOLOGIES, LLC (“REHAB TECHNOLOGIES") FROM ANY TREKOCLINICS.COM WEBSITE (“SITE”). THIS AGREEMENT SETS FORTH THE LEGAL RELATIONSHIP BETWEEN YOU (OR THE PERSON, FIRM OR ENTITY THAT YOU ARE REPRESENTING, REFERRED TO IN THIS AGREEMENT AS “YOU”) AND REHAB TECHNOLOGIES WITH RESPECT TO YOUR PURCHASE, VIEWING, AND/OR USE OF ALL DIGITAL CONTENT INCLUDED IN THIS PURCHASE OF LICENSE.

BY CLICKING "ACCEPT" OR BY USING ALL OR ANY PORTION OF THE DIGITAL CONTENT, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CONTINUE WITH YOUR PURCHASE, DOWNLOAD, AND/OR VIEWING OF THE DIGITAL CONTENT.

SPECIAL NOTICE FOR NON-ENGLISH SPEAKERS: Digital Content is suited primarily for the use of English speakers and, therefore, this Agreement is written in English and is addressed to English speakers. If you are not proficient in English and feel that you cannot properly understand this Agreement, we recommend that you either retain the help of an English speaker to help you understand and accept the terms of this Agreement or, alternatively, refrain from installing or using the Digital Content. In any event, if you choose to install or use the Digital Content, you will be bound by this Agreement.

1. GRANT OF LICENSE AND AUTHORIZED USE

Rehab Technologies grants you a non-exclusive license to dowload and use the Digital Content related to this purchase in a way consistent with the express terms and conditions of the EULA. Authorized Use includes, but is not limited to, one-time access to downloadable Digital Content via a unique URL which will be sent to you upon the completion of your order, whereupon you may download the Digital Content for unlimited use and viewing, according to the express terms and conditions of the EULA. Any rights not expressly granted in this license are reserved by Rehab Technologies.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

(a) Support Services. If you have any need for support in relation to the Digital Content, Rehab Technologies provides email-based support for licensed users via the “Support” link on the Site (“Support Services”). Any supplemental information provided to you as part of the Support Services shall be considered part of Digital Content and subject to the terms and conditions of this EULA.

(b) Unauthorized Use. You shall not modify, copy, duplicate, make derivative works, distribute, sell, rent, lease, lend, assign, convey, license, or sublicense Digital Content or any of its individual files or authorize any portion of Digital Content to be copied onto another individual or entity computer except as is expressly permitted under this EULA. Access to all Digital Content may be only via the written direction of Rehab Technologies in conformity to the EULA and may not be copied or transferred by you to any website or computer. You agree not to share with anyone except Rehab Technologies the location where the Digital Content is stored for your download and you shall agree to (a) immediately notify Rehab Technologies via Support Services of any unauthorized use of said location and (b) exit from the location at the end of your download session.

(c) Access, Downloading, and Risk of Loss. Upon completion of this order and once Rehab Technologies makes the Digital Content available to you, you bear responsibility for completing download, if you choose to download, and for all risk of loss of the Digital Content after download. Rehab Technologies encourages you to download the Digital Content promptly after your purchase, as potential content provider licensing restrictions and other reasons may cause Digital Content to become unavailable at the location provided to you for download. If you are unable to complete a download after having reviewed our online help resources, please contact our Support Services. Rehab Technologies will not be liable to you for your loss of Digital Content for any reason, including Digital Content that becomes unavailable for download after 3o days of your purchase date or at any time after your purchase due to forces outside of the control of Rehab Technologies.

(d) Maintenance of Copyright Notices and Protective Marks. You must not remove or alter any copyright notices or any protective marks (specifically the mark of your name and license information on pdf files) on any and all copies of Digital Content.

(e) Pricing and Term. The price of the Digital Content is as marked on the Site plus State of Michigan sales tax of 6% and is subject to change at the sole discretion of Rehab Technologies. Rehab Technologies will provide you with Web access to purchased Digital Content (see 2.c. Delivery and Access) for an indefinite term unless otherwise determined at the sole discretion of Rehab Technologies (see No Warranties).

(f) Compliance with Applicable Laws. You agree to comply with all applicable laws regarding use of Digital Content.

3. TERMINATION

Rehab Technologies may, in addition to its other legal rights and remedies, terminate this license at its sole descretion if you fail to comply with the terms and conditions of this Agreement.  Upon any termination, you must destroy all electronic storage of copies of the Digital Content(s) in your possession.

4. INTELLECTUAL PROPERTY

All title, including but not limited to copyrights, in and to Digital Content and any copies thereof are owned by Rehab Technologies. Except as otherwise provided, this EULA grants you no rights to use such content. All rights not expressly granted are reserved by Rehab Technologies, LLC.

5. NO WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE DIGITAL CONTENT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DIGITAL CONTENT AND ANY SUPPORT SERVICES RELATED TO THE DIGITAL CONTENT (“SERVICES") ARE PROVIDED ON AN INFORMATIONAL, EDUCATIONAL, AND “AS AVAILABLE” BASIS ONLY, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. IN NO WAY DOES REHAB TECHNOLOGIES OFFER ANY DIGITAL CONTENT AS DIAGNOSTIC OR PRESCRIPTIVE AND REHAB TECHNOLOGIES STRONGLY ENCOURAGES ANYONE WITH PAIN ISSUES OF ANY KIND TO CONSULT WITH THEIR HEALTH CARE PROFESSIONAL BEFORE ATTEMPTING ANY SELF-TREATMENT TECHNIQUES OF ANY KIND. REHAB TECHNOLOGIES HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE DIGITAL CONTENT AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, TREATMENT FOR A PARTICULAR PAIN ISSUE, OF ACCURACY, OF QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, THAT THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY INFORMATION ERRORS IN THE DIGITAL CONTENT OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.

6. LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL REHAB TECHNOLOGIES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, DAMAGES FOR PERFORMANCE INTERRUPTION, OR ANY OTHER DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE DIGITAL CONTENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. REHAB TECHNOLOGIES'S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THE EULA WILL BE LIMITED TO THE AMOUNT PAID FOR DIGITAL CONTENT, IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OF THIS EULA.

7. MISCELLANEOUS

The EULA represents the entire agreement between the parties and it supersedes any prior or contemporaneous representation, proposal, understanding, or agreement. This Agreement will be governed by and construed in accordance with the substantive law in force in the State of Michigan (regardless of where Digital Content is purchased, downloaded, or viewed) and to the extent permitted by applicable law. You consent to the jurisdiction of courts situated in Kent County in the State of Michigan in any action arising under this Agreement. This EULA will not be governed by the conflict of law rules of any jurisdiction in the United Nation Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of this Agreement which will remain valid and enforceable according to its terms and conditions. This EULA may be modified at any time at the sole discretion of Rehab Technologies and you agree to be bound by the terms of the most recent version of this EULA at the time of any use or viewing of Digital Content. You agree that Digital Content will not be shipped, transferred or exported into another country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if Digital Content is identified as an export controlled item under the Export Laws, you represent and warrant that you are not a citizen of, or located within, any embargoed or otherwise restricted nation and that you are not otherwise prohibited under the Export Laws from receiving Digital Content. All rights to use Digital Content are granted on condition that such rights are forfeited if you fail to comply with the terms of this EULA.

8. SEVERABILITY

If a term or condition of this Agreement is invalid or unenforceable, the remaining terms and conditions hereof shall remain in full force and effect and shall be enforceable to the maximum extent permitted by law.

 

Last Updated: 05/25/2010