Terms of Use

Rehabilitation Services Inc. d/b/a Myofascial Release Treatment Center’s Website Terms of Use Agreement:

1. User Agreement:

By accessing, using, and continuing use of the Rehabilitation Services Inc. d/b/a Myofascial Release Treatment Center’s (“MFR”) website at “www.myofascialrelease.com” or any ancillary or affiliated site (collectively referred to as “the Site”), you (the “User”) are unconditionally agreeing to the terms and conditions set forth below (collectively referred to as the “User Agreement”). If the User disagrees with any of the terms and conditions below and does not want to strictly abide by the terms and conditions of this User Agreement, then the User must immediately stop use of the site or any activities relating to or derived from this site.

2. License to Use, Scope, and Restrictions:

By use of this site, the User is granted a limited, nonexclusive, revocable license to access and make a personal, non-commercial use (except to the extent the User has an expressed business relationship with MFR) of the Site for: learning about myofascial release generally; purchasing books, media or other products; posting to or reading the Site’s blogs or the MFRTalk chat room; searching for MFR seminar information; contacting someone with questions about MFR. MFR may unilaterally, fully or partially, suspend or revoke this license at any time for any reason it sees fit or if this User Agreement is violated. The following describe the licenses provided for each function:

2.1  MFRTalk:

2.1.1  Description: MFRTalk is a chat room created by MFR in which MFR trained therapists, MFR students, MFR patients and persons who have attended MFR seminars can communicate about their experiences with myofascial release. All therapists must sign their names, professional credentials and the MFR courses they have taken at the end of all of their posts.

2.1.2  Registration: The Users must register for MFRTalk by providing true, accurate, current and complete information about the User and promptly update the information as it changes. If the User provides or MFR has reasonable grounds to suspect a User provided any untrue, inaccurate, non-current or incomplete information, MFR has the right to suspend or terminate that User’s use of MFRTalk.

2.1.3  Restrictions on Use: In addition, access to MFRTalk is conditioned on the User’s compliance with the following rules and guidelines. The User shall not:

  1. Upload, post, respond, transmit or make available any content that:
    1. Is unlawful, harmful, pornographic, threatening, abusive, harassing, defamatory, libelous, or legally, morally, or socially offensive;
    2. Breaches a fiduciary relationship or violates or conflicts with law, statute, contract or any other restriction of any kind or character to which User is subject;
    3. Infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    4. Is false, deceptive, misleading, deceitful, or misinformative as to the identity, the nature or origin of content or a User;
    5. Is an unsolicited or unauthorized advertisement, promotional content, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
    6. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    7. Facilitates hacking; or
    8. Contitutes continuous uppercase text; forwarded messages; email file attachments; HTML or “quoted printable” text; automated replies; computer virus warnings; full digest quotes; commercial advertising; religious or political discussion; or teaching techniques.
  2. Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other Users of MFRTalk are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges;
  3. Interfere with or disrupt MFRTalk or servers or networks connected to MFRTalk, or disobey any requirements, procedures, policies or regulations of networks connected to MFRTalk;
  4. Be a minor (under 18);
  5. Intentionally or unintentionally violate any applicable local, state, national or international law and/or any regulations having the force of law; or
  6. Collect or store data about other Users or MFRTalk manually or through and automated program.

If any of the above restrictions are violated, MFR has the right (but not the obligation) to terminate a User’s access either by terminating the User’s account, IP address access, or other legal means.

2.1.4  Right to Contents Posted or Transmitted: The User grants MFR the royalty-free, perpetual, irrevocable, non-exclusive and full sublicensable right and license to use, preproduce, modify, adapt, publish, translate, create, derivative work form, distribute, perform and display such content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

2.2  John Barnes’ Blog on the Site and/or www.massagemagazine.com (the “Blog”):

The Blog provides periodic postings by John F. Barnes, P.T. on the Site and/or www.massagemagazine.com. These are intended to bring up topics of interest for readers to comment pertaining to myofascial release. The User responding to such Blogs should comply with similar restrictions on use provided in Section 2.1.3 above and those terms provided on the www.massagemagazine.com site, if applicable.

3. Links to Third Party Websites:

The Site may provide, or other Users may provide, links to other websites or resources. Because MFR has no control over such websites and resources, the User acknowledges, covenants and agrees that MFR is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. The User further acknowledges and agrees that MFR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.

4. Website Intellectual Property:

All trademarks on the Site are trademarks of MFR or its licensor which are reserved. The trademarks and other intellectual property of MFR and its licensors may not be used without prior written consent of MFR or its licensor. Notwithstanding, no MFR trademark, patent, copyright may be used in connection with any product or service that is not MFR or not authorized by MFR if it disparages or discredits MFR.

The User acknowledges, covenants and agrees that MFR contains intellectual property rights in all data, information, photographs, computer code, typefaces, graphics, music, sounds, styles and other such proprietary information. The User acknowledges that such content is protected by copyrights, trademarks, trade secrets, or other proprietary rights when used in any form, media, and technology existing now or to be used in the future.

5. Intellectual Property of Others:

Users may only post the intellectual property of others to the extent permitted under US intellectual property law. Other than as proscribed by the fair use privilege under the US copyright laws (17 U.S.C § 107), Users may not upload, post, reproduce, or distribute any content protected by copyright or other proprietary right without obtaining permission of the owner of the intellectual property right. MFR has the right (but not the obligation) to suspend, limit, or terminate the license to use the Site as proscribed under this User Agreement for such violations.

6. Caregiver-Patient Relationship:

None of the communications on this website from MFR, its therapists, third party therapists, or third party recommended material/postings, and the like shall constitute a caregiver-patient relationship at any time. Even if detailed advice is given to the User, this shall not constitute a caregiver-patient relationship and none of the responsibilities that usually follow from the establishment of this relationship shall follow past such communication until there is formal face-to-face care provided.

7. Disclaimers and Limitation of Liability:

BY CONTINUED USE, A USER EXPRESSLY UNDERSTANDS, COVENANTS AND AGREES THAT:

7.1  DISCLAIMER SPECIFIC TO MFRTALK AND THE BLOG:

AS A USER, IT IS UNDERSTOOD THAT MFRTALK IS MERELY A FORUM TO FACILITATE THE COMMUNICATION AND TRANSMISSION BETWEEN USERS AND THIRD PARTIES, BUT MFR DOES NOT HAVE ANY CONTROL OVER THE CONTENT POSTED, RECEIVED OR TRANSMITTED. USERS AND THIRD PARTIES CONTROL THE CONTENT TRANSMITTED ON MFRTALK AND THE BLOG. MFR PROVIDES NO WARRANTIES TO THESE SERVICES AND UNDER NO CIRCUMSTANCES WILL MFR BE LIABLE IN ANY WAY FOR ANY USER OR THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN ANY SUCH CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SUCH CONTENT POSTED, EMAILED OR OTHERWISE TRANSMITTED. MFR DOES NOT PRE-SCREEN USER OR THIRD PARTY CONTENT POSTED OR TRANSMITTED. IF USER OR ANY THIRD PARTY HAS ANY COMPLAINTS OR SEE ANY CONTENT THAT VIOLATES SECTION 2.1.3 ABOVE, IT IS USER’S RESPONSIBILITY TO BRING SUCH CONTENT TO THE ATTENTION OF MFR AND MFR WILL INVESTIGATE THE CONTENT. MFR SHALL NOT BE RESPONSIBLE FOR ANY ACTS OR INABILITY TO ACT TO REMEDY SUCH CONTENT.

7.2  DISCLAIMER SPECIFIC TO JOHN BARNES’ BLOG ON THE SITE AND/OR WWW.MASSAGEMAGAZINE.COM (THE “BLOG”):

MFR DISCLAIMS ANY LIABILITY FOR USER OR THIRD PARTY CONTENT POSTED IN REPLY TO THE BLOG, INCLUDING, BUT NOT LIMITED TO, (I) ANY ERRORS OR OMISSIONS IN ANY SUCH CONTENT; (II) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SUCH CONTENT POSTED, EMAILED OR OTHERWISE TRANSMITTED; AND (III) ANY ACT OR INABILITY TO ACT TO REMEDY SUCH INAPPROPRIATE CONTENT IN A TIMELY MANNER. ALSO SEE THE DISCLAIMER UNDER SECTION 7.1.

7.5  GENERAL DISCLAIMER:

In addition to the disclaimers and limitations of Liability under Sections 7.1-7.4 for each specific activity, this Section provides a more general disclaimer that applies for all activities related to this Site:

THE USER’S USE OF THE SITE IS AT USER’S SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MFR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. MFR MAKES NO WARRANTY AND DISCLAIMS LIABILITY THAT (I) THE SITE, THE RECOMMENDED MATERIALS, AND THERAPISTS IN THE DIRECTORY WILL MEET USER’S REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THAT THE USER WILL ACHIEVE THE SAME RESULTS FROM TECHNIQUES DESCRIBED ON THE SITE AS EVERY PERSON IS DIFFERENT MENTALLY AND PHYSICALLY, AND (IV) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER CONTENT OBTAINED BY USER THROUGH MFR WILL MEET USER’S EXPECTATIONS; AND (V) THAT COMMUNICATIONS WITH MFR OR THIRD PARTY THERAPISTS IN ANYWAY THROUGH THE SITE AND PERFORMING THE “TAKING THE TEST” PAGE IS A SUBSTITUTE FOR A FORMAL FACE-TO-FACE INITIAL OR ORDINARY EXAM.

THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT MFR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MFR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (IV) ANY OTHER MATTER RELATING TO SITE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM MFR OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS OF THIS USER AGREEMENT.

8. Release:

The User hereby remises, releases, and forever discharges MFR and their past, present, and future officers, directors, attorneys, agents, servants, representatives, employees, successors and assigns, and all of their heirs, executors, and administrators, of and from all manner of actions and causes of action, charges, complaints, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, controversies, obligations, claims, contracts, representations, agreements, damages, demands, covenants, fees (specifically including attorney’s fees) costs, expenses (“Losses”), of every kind, civil or criminal, legal and equitable, known and unknown, foreseen and unforeseen, because of or arising from any act, omission or deed taken, done or occurring, directly or indirectly, resulting from or attributable to the User’s use of the Site or Losses caused by other Users. Further, the User covenants and/or agrees that this Release applies in states that have statutes, such as California, Cal.Civ.Code§1542, that states “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

9. Indemnification:

User hereby agrees to indemnify and hold harmless MFR, its shareholders, directors, officers, employees, agents, representatives, successors and assigns and all of their heirs, executors and administrators (each an “Indemnified Party”) from and against any and all claims, charges, actions, demands, losses, costs, expenses, liabilities (joint or several), penalties, and damages of every kind and description, including reasonable attorneys’ fees and costs (“Losses” including those mentioned in Section 8) incurred by an Indemnified Party resulting from or attributable to any and all acts or omissions of the User’s use of the Site.

10. Arbitration, Jurisdiction and Venue.

For emergency relief, injunctive or otherwise, the parties hereby consent to the concurrent jurisdiction of the Common Pleas Court of Chester County, Pennsylvania and the United States District Court for the Eastern District of Pennsylvania and waive personal service of any and all process upon them and consent that all such service of process upon them made by certified mail shall be deemed to be completed ten (10) days after mailing. The parties waive trial by jury and waive any objection to jurisdiction and venue of any action instituted hereunder, agree not to assert any defense based on lack of jurisdiction or venue and consent to the granting of such legal or equitable relief as is deemed appropriate by the Court.

Except with respect to any such emergency relief as provided in this Section, any and all, disputes, differences, disagreements, controversies or claims arising out of or relating to or in respect to this Agreement, or the relationship between parties in any capacity, or any breach thereof, or the scope of arbitrability of this arbitration provision shall be settled by arbitration in Philadelphia, Pennsylvania. At the sole discretion of the party filing this action for arbitration, the arbitration shall be administered by: (i) ADR Options Incorporated pursuant to its Rules of Procedure for Arbitration; (ii) JAMS pursuant to its ADR Clauses, Rules and Procedures; or (iii) the American Arbitration Association in accordance with its commercial rules then existing (the chosen arbitration group shall be the “Arbitration Association”). Judgment on the award rendered may be entered in any Court having jurisdiction thereof. The award of the arbitrator shall be final, non-appealable and conclusively binding upon the parties hereto and their successors and assigns.

Within thirty (30) days after the filing of the response to the arbitration demand (the “Arbitration Demand”), each party shall provide the other with copies of all documents that are likely to bear significantly on respective claims and defenses. Notwithstanding anything to the contrary, the parties covenant, agree and acknowledge that the hearing relating to the Arbitration Demand shall be scheduled for not later than (i) the earliest hearing date permitted by the Arbitration Association; or (ii) at the election of the party demanding arbitration, in such party’s sole and absolute discretion, any subsequent date permitted by the Arbitration Association. Notwithstanding anything to the contrary, the parties covenant and agree that any arbitration proceeding initiated or otherwise brought under this Agreement shall be completed not later than four (4) months after the filing of the response to the Arbitration Demand.

The Arbitrator may allow the parties to engage in discovery, including depositions, only if the arbitrator determines that the likely benefit of the proposed discovery outweighs the burdens and expenses of the proposed discovery, taking into account the needs of the case, the amount in controversy, the importance of the issues at stake in the arbitration, and the importance of the proposed discovery in resolving the issues. The Arbitrator’s decisions regarding discovery shall be final.

Further, in the event an arbitration or emergency action is brought by any party under this Agreement to enforce any of its terms, it is agreed that the non-prevailing party shall bear the cost and expense of such proceeding and the prevailing party shall be entitled to reasonable attorneys’ fees and costs to be fixed by the arbitrator and/or court and shall be set forth in the award.

11. Severability.

Any provision of this User Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

12. Entire Agreement.

This User Agreement constitutes the entire agreement with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, inducements or conditions, expressed or implied, oral, written or otherwise, except as set forth herein. The express terms of this User Agreement control and supersede any course of performance or usage of trade inconsistent with any of the terms hereof.

13. Waiver:

MFR’s failure to exercise any right or provision of the terms and conditions of this User Agreement shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and agree that the other provisions of the terms and conditions remain in full force and effect.

14. Headings:

The headings appearing in this User Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of the terms and conditions nor in any way affect these terms and conditions.

15. Modification:

The User acknowledges and agrees that this User Agreement may be unilaterally changed or replaced at MFR’s discretion at anytime. Any modification or replacement agreement will be effective as to the exact time it was posted on the MFR servers.

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