Subconcussive Consult, LLC
Website Terms and Conditions
1. Overview
These website terms and conditions (“Terms”) are entered into between you (“you” and “your”) and Subconcussive Consult, LLC (“Subconcussive Consult” or “we”). The Terms govern your access to and use of the Subconcussive Consult website at https://subconcussiveconsult.com/ including any content, functionality and services offered on or through it (the “Site”).
By using the Site, you agree to be bound and abide by these Terms. Subconcussive Consult may terminate your ability to use the Site without notice if you do not comply with the Terms.
Subconcussive Consult reserves the right to make changes to the Site and to the Terms at any time. All changes are effective immediately when posted. Your continued use of the Site following the posting of the revised Terms means that you accept and agree to the changes.
All Information Subconcussive Consult collects on this Site is subject to our Privacy Notice posted at the Site here. By using the Site, you consent to all actions taken by us with respect to your Information in compliance with the Privacy Notice. The Privacy Notice is incorporated into and governed by these Terms. To the extent there is a conflict, the Terms supersede the Privacy Notice. Terms like “Information” that are in these Terms but not defined here are defined in the Privacy Notice.
All Site Content (as defined below) is current as of the date it is posted on the Site to the best of Subconcussive Consult’s knowledge.
2. Eligibility
You may not access or use the Site if you (1) do not agree to these Terms and (2) are not 18 years of age or older.
3. Intellectual Property
The Site and its entire contents, data, features and functionality (including but not limited to text, graphics, video, logos, button icons, databases and images) (“Site Content”) are the property of Subconcussive Consult or its licensors and are protected by copyright, trademark and other intellectual property laws, except as indicated below.
The Subconcussive Consult name and related logos are trademarks and service marks (“Marks”) of Subconcussive Consult. Subconcussive Consult’s Marks may not be used without advance written permission of Subconcussive Consult, including in connection with any product or service that is not Subconcussive Consult’s, in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents Subconcussive Consult. Other products or company names mentioned on the Site may be trademarks or service marks of their respective owners.
If you believe that any content on the Site violates your intellectual property rights, please notify Subconcussive Consult as described in Section 16.
4. Limited License And Prohibited Uses
Subconcussive Consult grants you a personal, royalty-free, non-assignable, and non-exclusive license to access and use the Site Content in the United States only as an informative resource while using the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display or performance of Site Content without prior permission of Subconcussive Consult is strictly prohibited. You may not download, print, copy, distribute, or otherwise use Site Content for commercial purposes, including publication, sale, or personal gain. You may not remove any Mark or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Site Content.
You may use the Site only for lawful purposes and in accordance with these Terms. You agree that you will not:
- Use the Site in any way that violates any applicable federal, state, local or international law or regulation.
- Use the Site for the purpose of exploiting, harming or attempting to exploit or harm anyone in any way.
- Send, knowingly receive, upload, download, use or re-use any material which does not comply with the Terms.
- Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- Impersonate or attempt to impersonate Subconcussive Consult, a Subconcussive Consult employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Subconcussive Consult, may harm Subconcussive Consult or users of the Site or expose them to liability.
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without Subconcussive Consult’s prior written consent.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
- Otherwise attempt to interfere with the proper working of the Site.
- 5. Disclaimer of Warranties
WHILE SUBCONCUSSIVE CONSULT ATTEMPTS TO PRESENT ACCURATE INFORMATION ON THE SITE, THIS SITE IS PROVIDED ON AN “AS-IS” BASIS. SUBCONCUSSIVE CONSULT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR CONTENT OF THIS SITE OR ANY OTHER SITE TO WHICH IT IS LINKED. TO THE EXTENT PERMITTED BY LAW, SUBCONCUSSIVE CONSULT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.
6. Limitation of Liability
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND YOUR DECISION TO PARTICIPATE IN ANY ACTIVITIES RELATED TO MATERIAL ON THE SITE ARE TAKEN AT YOUR SOLE RISK. CONSULT A MEDICAL PROFESSIONAL TO DETERMINE WHETHER ANY OF THE ACTIVITIES DESCRIBED ON THE SITE ARE APPROPRIATE FOR YOU.
SUBCONCUSSIVE CONSULT, ITS DIRECTORS, AND ITS EMPLOYEES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR ANY SITE FOR WHICH IT PROVIDES LINKS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE AND CONSEQUENTIAL DAMAGES. YOUR SOLE REMEDY UNDER THESE TERMS IS TO STOP USING THE SITE. FROM TIME TO TIME, SUBCONCUSSIVE CONSULT MAY RESTRICT YOUR ACCESS TO SOME PARTS OF THE SITE, OR THE ENTIRE SITE, FOR ANY REASON. SUBCONCUSSIVE CONSULT WILL NOT BE LIABLE FOR ANY REASON IF ALL OR ANY PART OF THE SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.
SUBCONCUSSIVE CONSULT DOES NOT PROVIDE PATIENT TREATMENT OR GUIDANCE REGARDING PHYSICAL THERAPY. ANY INFORMATION ACCESSED THROUGH THE SITE OR THROUGHOUT ANY OF SUBCONCUSSIVE CONSULT’S ASSOCIATED SOCIAL MEDIA PAGES IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY.
SUBCONCUSSIVE CONSULT’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ITS CONTENT, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED $100.
7. Third Party Content
This Site may include content provided by third parties. All statements and opinions expressed by third parties are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of Subconcussive Consult. Subconcussive Consult is not responsible for the content or accuracy of any materials provided by any third parties.
8. Links To Other Web Sites
Subconcussive Consult may provide links to external web sites for the convenience of Site users. The inclusion of an external link on this Site does not constitute or imply support or endorsement of any kind. Subconcussive Consult does not control those web sites, is not responsible for their content or function, and is not responsible for any loss or damage that may arise from your use of them. If you decide to access the third party Sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Sites.
9. Indemnification
You agree to defend, indemnify and hold harmless Subconcussive Consult, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any liabilities, damages, judgments, awards, losses, costs, third party claims, expenses and fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your content, any use of the Site Content, and services and products other than as expressly authorized in these Terms.
10. Limitation On Time To File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
11. Injunctive Relief
You agree that a breach of these Terms will cause irreparable injury to Subconcussive Consult for which monetary damages would not be an adequate remedy and Subconcussive Consult shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security or prove damages.
12. Waiver And Severability
No waiver by Subconcussive Consult of a term or condition set forth in these Terms shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Subconcussive Consult to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
13. Entire Agreement
The Terms and our Privacy Notice constitute the sole and entire agreement between you and Subconcussive Consult with respect to the Site and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.
14. Term and Termination
These Terms will remain in full force and effect while you use the Site. Even after you are no longer a user of the Site, certain provisions of these Terms that by their nature are intended to survive will remain in effect, including Sections 1, 3, 5, 6, and 9-16.
You agree that Subconcussive Consult, in its sole discretion, may suspend or terminate your access to the Site (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
15. Applicable Law, Binding Arbitration, and Class Action Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
Any controversy or claim arising out of or relating to this agreement, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in Seattle, Washington and conducted by an arbitrator that possesses such experience in, and knowledge of, the subject area of the controversy or claim so as to qualify as an “expert” with respect to such subject matter.
If either party employs attorneys to enforce any rights in connection with any such dispute or lawsuit the substantially prevailing party shall be entitled to recover reasonable attorneys’ fees.
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
The laws of the State of Washington will govern these Terms and any disputes under them, without giving effect to any principles of conflicts of laws.
16. Communications and Contact Information
Subconcussive Consult may contact you regarding these Terms or the Privacy Notice using any Information you provide, or by any other means if you do not provide contact Information. If you no longer wish to receive communications from Subconcussive Consult, you can click on the “unsubscribe link” provided in such communications or contact us at [email protected].
For all other feedback, comments, requests for technical support, and other communications relating to the Site, these Terms, and the Privacy Notice, please contact us at [email protected] or by mail at:
Subconcussive Consult, LLC
ATTN: Legal Department
4146B 25th Ave SW
Seattle, WA 98106
EFFECTIVE DATE: December 1, 2020