The following terms and conditions ("Terms and Conditions") govern your use of this web site (the "Site"), and by accessing, viewing, or using the material on the Site, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract, and equally binding, and that you accept such Terms and Conditions and agree to be legally bound by them. If you do not agree with the Terms and Conditions, you are not granted permission to use the Site and should exit immediately.
- Proprietary Rights.
All material contained in this Site is protected by law, including but not limited to, United States copyright law. Except as indicated, the entire content (including images, text and look and feel attributes) of this Site is © 2012 PERFORMCARE. All rights reserved. Removing or altering the copyright notice on any material on the Site is prohibited. PERFORMCARE also owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, organization and enhancement of such content. Any commercial use of this content is prohibited without the prior written consent of PERFORMCARE. All trademarks and logos are proprietary to PERFORMCARE. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Please be advised that PERFORMCARE actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
- Communications With Our Web Site.
PERFORMCARE welcomes your feedback and suggestions about how to improve our products and services and this Site. By transmitting any suggestions, information, material, or other content (collectively, "content") to PERFORMCARE, you automatically grant PERFORMCARE the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. Further, PERFORMCARE is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to this Site for any purpose whatever, including but not limited to creating and marketing products and/or services using such information.
- No Solicitation or Offer of Medical Services or Advice.
This Site is designed to provide general information about PERFORMCARE and its products and services. Information on the Site is not intended to constitute an offer to sell or a solicitation of any particular product or service. Some products and/or services may not be available in all states and in many instances may be offered only through employers and other plan sponsors. No material contained herein should be construed as medical advice. Individual inquiries about sensitive or confidential matters should be addressed to appropriate health care professionals.
- No Legal Advice.
Nothing contained, expressed, or implied in this Site is intended as, nor shall be construed or understood as, legal advice, guidance, or interpretation. No attorney-client relationship is established between PERFORMCARE and you by reason of your use of this Site or under any circumstances whatever. The information in this Site is for general informational purposes only. If you have questions about any law, statute, regulation, or requirement expressly or implicitly referenced in this Site, you should contact your own legal counsel.
- Confidentiality Cannot be Guaranteed.
Please be advised that the confidentiality of any communication or material transmitted to PERFORMCARE via this Site or Internet electronic mail cannot be guaranteed, including personal information such as your address or social security number.
- Privacy Statement.
PERFORMCARE has a Privacy Statement disclosing what information we collect about visitors, how we use such information, the steps we take to secure such information, how you can view and correct such information, and how you can decline to have information about you collected or used. Click here to view the Privacy Statement, which is incorporated by reference, as if set forth fully herein.
- Securities Information.
This Site and the information contained herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities. The Site contains information and press releases about PERFORMCARE , and although this information was believed to be accurate as of the date prepared, PERFORMCARE disclaims any duty or obligation to update such information. To the extent that any information is deemed to be a "forward looking statement" as defined in the rules and regulations of the Securities Act of 1933, as amended, such information is intended to fit within the "safe harbor" for forward looking information and is subject to material risk factors which may or may not be disclosed herein.
- Disclaimer of Warranty and Liability.
USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. NEITHER PERFORMCARE NOR ITS AFFILIATES ARE RESPONSIBLE FOR THE CONSEQUENCES OF RELIANCE ON ANY INFORMATION CONTAINED IN OR SUBMITTED TO THE SITE, AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PERFORMCARE SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THESE MATERIALS. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF PERFORMCARE TO YOU EXCEED THE PRICE PAID FOR USE OF THE SITE.
- Corrections and Changes.
While we endeavor to keep these materials up to date, PERFORMCARE cannot assume responsibility for any errors or omissions in these materials. PERFORMCARE further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. PERFORMCARE may make changes to these materials, or to the products or services described herein, at any time without notice, and makes no commitment to update the information contained herein. PERFORMCARE, reserves the right to terminate your access to the Site in the event that you violate these Terms and Conditions, or for any reason whatever.
You agree to defend, indemnify, and hold harmless PERFORMCARE, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney's fees and litigation expenses) relating to or arising from your use of the Site and any breach by you of these Terms and Conditions.
- Links to Other Web Sites.
This Site may, from time to time, contain links to other Internet web sites for the convenience of users in locating information and services that may be of interest. These sites are maintained by organizations over which PERFORMCARE exercises no control, and PERFORMCARE expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third-party sites. PERFORMCARE does not control, endorse, promote, or have any affiliation with any other web site unless expressly stated herein.
- Use of the Internet.
Use of the Internet is solely at your own risk and is subject to all applicable state, national and international laws and regulations. Neither PERFORMCARE nor its affiliates will be liable for any loss resulting from a cause over which they do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
- Governing Law and Jurisdiction.
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Pennsylvania, without reference to its choice of law rules. By accessing, viewing, or using the material on the Site, you consent to the jurisdiction of the federal and state courts presiding in Philadelphia, Pennsylvania, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is controlled and operated by PERFORMCARE from its offices within the United States. PERFORMCARE makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable local laws.
These Terms and Conditions constitute the entire agreement between you and PERFORMCARE with respect to your use of the Site. You acknowledge that, in providing you access to and use of the Site, PERFORMCARE has relied on your agreement to be legally bound by these Terms and Conditions.