Upper Perk & New Hope Physical Therapy & Sports Rehab
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Terms of Use

Welcome to the Upper Perk & New Hope Physical Therapy & Sports Rehab Web Site ("Web Site"). Upper Perk & New Hope Physical Therapy & Sports Rehab provides this Web Site subject to the following terms of use ("TOU"). The TOU explain a contractual agreement between you, the user, ("User, You, you, Your") and Upper Perk & New Hope Physical Therapy & Sports Rehab ("Upper Perk & New Hope Physical Therapy & Sports Rehab, Us") regarding your use of this Web Site.

1. WHAT YOU SHOULD KNOW
The goal of this Web Site is to provide you with access to information about Upper Perk & New Hope Physical Therapy & Sports Rehab and related links to meet your needs ("Content"). The TOU are meant to protect all visitors to the Web Site, and your access to and use of this Web Site signifies agreement with these TOU. DO NOT USE THIS WEB SITE IF YOU DO NOT AGREE WITH THESE TERMS OF USE. Upper Perk & New Hope Physical Therapy & Sports Rehab reserves the right, in our sole discretion, to modify, alter or otherwise update these TOU at any time. Such modifications, alterations, and updates shall be effective immediately upon posting. You agree to be bound by such modified, altered, and updated TOU if you access or use this Web Site after we have posted notice of such modifications, alterations or updates. Consistent with our goals, this Web Site will permit the User to link to other Web sites that may or may not be affiliated with this Web Site and/or with Upper Perk & New Hope Physical Therapy & Sports Rehab. These other linked Web sites may have different terms of use that are not the same as these TOU. Your access to and use of such linked Web sites through links provided on this Web Site is governed solely by the terms of use and policies of those individual sites. Upper Perk & New Hope Physical Therapy & Sports Rehab is not responsible for any damages for accessing other web pages from this site.

2. PRIVACY
Registration/membership data and certain other information about the User is subject to our Privacy Policy. For more information, please review our Privacy Policy.

3. USE OF THIS WEB SITE
Upper Perk & New Hope Physical Therapy & Sports Rehab controls and operates this Web Site. All Content on this Web Site, including, but not limited to, text, photographs, images, and illustrations, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights. These rights are governed by United States and worldwide copyright laws and treaty provisions, privacy and publicity laws, communication regulations and statutes and the laws of the fifty states and the United States Government. Content is owned and controlled by Upper Perk & New Hope Physical Therapy & Sports Rehab or our affiliates, or by third party content providers, sponsors and licensors (collectively the "Providers") that have licensed their content and/or services to Upper Perk & New Hope Physical Therapy & Sports Rehab. Content on this Web Site is solely for the users personal, non-commercial use. The User agrees to abide by all additional copyright notices, information, or restrictions contained in any Content. Users may download a single copy of any Content contained on this Web Site, solely for personal, non-commercial use, consistent with these TOU, provided that the user maintains all copyright and other notices contained in such Content. The User may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit Content in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Upper Perk & New Hope Physical Therapy & Sports Rehab or the Providers. A User may request consent by written request to Upper Perk & New Hope Physical Therapy & Sports Rehab with an accompanying e-mail of same request to Jay.Kauffman@UpperPerkPT.com. A Users modification of Content, use of Content on any other Web site or networked computer environment, or use of Content for any purpose other than personal, non-commercial use, without the prior written consent of Upper Perk & New Hope Physical Therapy & Sports Rehab or the Providers, violates the intellectual property rights and proprietary rights of Content owners and is prohibited. Users may not use on any other Web site any registered or unregistered trademarks, service marks or copyrighted materials appearing on this Web Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. Users may not frame, deep link, or otherwise incorporate into another Web site any of the Content or other materials on this Web Site without the express prior written consent of Upper Perk & New Hope Physical Therapy & Sports Rehab. Violation of trademark and copyright laws may result in significant civil liability or criminal penalties under United States and/or worldwide copyright and trademark laws. The User recognizes that any reproduction or use of Content, except as authorized by these TOU, is considered intentional infringement.

4. USER'S RESPONSIBILITIES
A User warrants and represents to Upper Perk & New Hope Physical Therapy & Sports Rehab that he/she will not use this Web Site for any purpose that is unlawful or prohibited by these TOU, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If you violate any of these TOU, your permission to use this Web Site immediately terminates without the necessity of any notice. Upper Perk & New Hope Physical Therapy & Sports Rehab retains the right to deny access to anyone at its discretion for any reason, including for violation of these TOU. You are solely responsible for your information, and Upper Perk & New Hope Physical Therapy & Sports Rehab acts as a passive conduit for the online distribution and publication of your information. As used in these TOU, "Information" includes any information or data that you submit to this Web Site and any information or data that is generated by this Web Site as a result of your use of this Web Site. In the event that you are provided with user identification numbers or codes (collectively, "ID's"), confirmation numbers, and/or passwords (as applicable) in the use of this Web Site, you shall maintain such User ID's, confirmation numbers, and/or passwords in confidence and you agree not to distribute or disclose the same to third parties. It is your responsibility to notify Upper Perk & New Hope Physical Therapy & Sports Rehab if we need to change or discontinue your ID's, confirmation numbers, or passwords. It is also your responsibility to immediately request discontinuation of an ID, confirmation number, or password upon your knowledge or belief that such ID, confirmation number, and/or password is, or may be subject to, a breach of confidentiality. Upper Perk & New Hope Physical Therapy & Sports Rehab may suspend or terminate your service or access to this Web Site if we believe a breach of these TOU has occurred. You agree to provide true, accurate, current and complete Information. If you provide any Information that is untrue, inaccurate, not current or incomplete (or Upper Perk & New Hope Physical Therapy & Sports Rehab has reasonable grounds to suspect that such Information is untrue, inaccurate, not current or incomplete), Upper Perk & New Hope Physical Therapy & Sports Rehab has the right to suspend or terminate your access and activity, and refuse any and all current or future use of this Web Site.

5. PROHIBITED ACTIVITIES
You are specifically prohibited and you agree not to use or permit others to use this Web Site, for any of the following: (a) taking any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques; (b) disclosing or sharing the assigned confirmation numbers and/or passwords with any unauthorized third parties or using the assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) attempting to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Web Site; (d) uploading, posting, emailing or otherwise transmitting any Information, Content, or proprietary rights that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; and, (f) using any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy Upper Perk & New Hope Physical Therapy & Sports Rehab’s Web pages, or Content without Upper Perk & New Hope Physical Therapy & Sports Rehab’s prior written permission, provided that generally available third party Web browsers such as Netscape NavigatorŽ and Microsoft Internet ExplorerŽ may be used without such permission.

6. INFORMATION POSTED TO WEB SITE
With respect to all Information you elect to post to publicly accessible areas of the Web Site, You agree that Upper Perk & New Hope Physical Therapy & Sports Rehab has the right to use, reproduce, modify, publish, perform and display such Information (in whole or in part) worldwide; provided that such use is subject to the terms of Our Privacy Policy. You acknowledge and agree that Upper Perk & New Hope Physical Therapy & Sports Rehab may preserve Information and may also disclose Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary in order to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Information violates the rights of third parties; or (d) protect the rights, property, or personal safety of Upper Perk & New Hope Physical Therapy & Sports Rehab’s business, employees, Providers, affiliates, users, and/or the public.

7. NO WARRANTIES
ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. NEITHER Upper Perk & New Hope Physical Therapy & Sports Rehab OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE, WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY, OR USEFULNESS OF ANY CONTENT OR SERVICE PURSUANT TO YOUR USE OF THIS WEB SITE. YOU USE THIS WEB SITE AT YOUR OWN RISK. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING (INCLUDING WITHOUT LIMITATION YOUR INTERNET CONNECTION) AND REPAIR OR CORRECTION OF YOUR SYSTEM.

8. LIMITATION OF LIABILITY
IN NO EVENT SHALL Upper Perk & New Hope Physical Therapy & Sports Rehab, ITS OWNERS, OR EMPLOYEES, NOR RELATED ENTITIES (INCLUDING PROVIDERS), NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING ALL FORMS OF NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE ONLY, Upper Perk & New Hope Physical Therapy & Sports Rehab, ITS OWNERS, OR EMPLOYEES AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM: FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, DEFAMATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF CONTENT, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. MOREOVER, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL STATEMENTS OR CONDUCT OF ANY USERS OR THIRD PARTIES.

9. INDEMNIFICATION
Upper Perk & New Hope Physical Therapy & Sports Rehab reserves the right to report any wrongdoing, if and when we become aware of it, to any applicable government agencies. You agree to indemnify, defend and hold Upper Perk & New Hope Physical Therapy & Sports Rehab and the Providers, their officers, directors, employees, affiliates, agents, licensors, and suppliers harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from Your use of this Web Site, Your breach of any provision of these TOU and/or any negligent acts, omissions or intentional wrongdoing by You. Any such indemnification shall be conditioned on our: (a) notifying You in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; and (b) cooperating with You in the defense or settlement thereof. We shall be entitled to participate in such defense at our own cost and expense.

10. OTHER GENERAL PROVISIONS
These TOU are for the benefit of Upper Perk & New Hope Physical Therapy & Sports Rehab and the Providers, their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these TOU directly against You on its (or their own) behalf. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. If any provision of these TOU is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. The provisions and conditions of these TOU, and each obligation referenced herein, represent the entire Agreement between Upper Perk & New Hope Physical Therapy & Sports Rehab (including the Providers), our affiliated or related entities, and You, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these TOU and any future published terms of use or understanding, the last published TOU shall prevail. Upper Perk & New Hope Physical Therapy & Sports Rehab RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS OF USE. If you have any questions or concerns regarding these Terms of Use or the practices of this site, feel free to contact us.