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During the online registration and account activation You will: (a) select the portions of the Site at™ to which You would like access; and (b) agree to the payment amount. You authorized Injury Free to charge your credit card for the Services that you select in the amount that you select. You warrant and represent that all information provided to InjuryFree is true and accurate and agree to pay any expenses or damages that result to InjuryFree resulting from your entry of incorrect information. After Your registration and account activation, InjuryFree will provide You with the designated Services and online access to the identified portions of the Site for the selected subscription period as long as You timely pay for the use of the Site and the Services.
Fees paid for access to the Site or for Services are non-refundable.
IN AN EMERGENCY, CALL 911 OR OTHER EMERGENCY NUMBER. DO NOT USE THIS SITE TO COMMUNICATE OR RECEIVE URGENT OR EMERGENCY MESSAGE.
The tools and resources on this Site are general in nature and are provided for informational purposes only. The Site may not contain all information that may apply to Your situation or the situation with which you are dealing.
INFORMATION ON THE SITE IS NOT MEDICAL ADVICE. The tools and resources on this Site should not be deemed to be, or treated as, medical or health care advice, medical diagnosis, or medical treatment. You should not rely on tools and resources published on this Site as a substitute for professional medical advice, diagnosis, or treatment. If You have any concerns or questions about Your health or medical condition, You always should consult with a physician or other health care professional. Never disregard, avoid, or delay obtaining medical or health care advice or assistance from Your health care professional because of something You may have read on this Site.
This Site and tools and resources on this Site are not intended to be, and must not be taken to be, the practice of medicine or the practice of other health care services. Your use of the Site and the Services does not create a physician/patient, provider/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on the part of InjuryFree.
You may choose to purchase consulting services from live ergonomists who can answer general ergonomic questions through My ErgoStat™ in real time and/or assist You in utilizing InjuryFree's online tools and resources. Such consulting services may be purchased through the Site or by contacting InjuryFree.
InjuryFree shall not provide Your personally identifiable information to any third party except in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on InjuryFree; (b) act in urgent circumstances to protect public safety; or (c) comply with this terms and conditions of use and otherwise provide the Services. To promote confidentiality, InjuryFree may identify and aggregate personally identifiable information for its own purposes.
Information that is not personally identifying, including information that has been de-identified and aggregated, may be used for any purpose, and You shall not have any interest in such information, or products or services derived therefrom, except that InjuryFree shall provide You with such access as is explicitly provided for in these terms and conditions of use.
InjuryFree also may disclose and transfer Your information to a third party that acquires all or a substantial portion of its business, whether such acquisition is by way of merger, consolidation, or purchase of all or a substantial portion of InjuryFree's assets. If InjuryFree becomes the subject of a bankruptcy proceeding, whether voluntary or involuntary, InjuryFree or its trustee in bankruptcy may sell, license, or otherwise dispose of such information in a transaction approved by the bankruptcy court.
In certain situations, You or Your organization may be a covered entity under the administrative simplification provision of the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA"). In the event that and to the extent that InjuryFree is a business associate, under HIPAA, of You or Your organization, InjuryFree may use and disclose protected health information, as defined in HIPAA, as limited to that protected health information received from, received on behalf of, or created on behalf of You or Your organization, as a covered entity ("PHI") as described in this terms and conditions of use, as otherwise described in the Site, and as necessary to provide the Services; provided that the use or disclosure would not violate HIPAA if done by the covered entity or would be specifically permitted for a business associate under HIPAAA. InjuryFree may use and disclose PHI: (a) to aggregate and de-identify PHI; (b) for the proper management and administration of InjuryFree; and (c) to carry out InjuryFree's legal responsibilities, as long as, in the case of any such disclosure, either: (i) the disclosure is required by law; or (ii) InjuryFree obtains reasonable assurances from the person to whom InjuryFree discloses the PHI that the PHI will be held confidentially and used or further disclosed only as required by law or for the purposes for which it was disclosed to such person and that the person will notify InjuryFree of any instances of which the person is aware in which the confidentiality of the PHI has been breached.
To the extent that InjuryFree, as a business associate, accesses any of Your or Your organization's PHI, InjuryFree agrees to: (a) not use or further disclose PHI except as permitted or required by this terms and conditions of use or the Site or as required by law; (b) use appropriate administrative, physical, and technical safeguards that reasonably and appropriately prevent the use or disclosure of PHI other than as permitted by this terms and conditions of use and protect the confidentiality, integrity, and availability of the electronic PHI that it creates, receives, maintains, or transmits on behalf of You or Your organization; (c) report to You or Your organization any use or disclosure of PHI not provided for by this terms and conditions of use or the Site, including any security incident, of which InjuryFree becomes aware, provided that the time and manner of report will be determined by InjuryFree based on the risk presented by the situation; (d) ensure that InjuryFree's agents, including any subcontractor, to whom InjuryFree provides PHI agrees to the restrictions and conditions that apply to InjuryFree with respect to such PHI and agree to implement reasonable and appropriate safeguards to protect any such electronic PHI; (e) make available PHI contained in a designated record set, as defined by HIPAA, that is maintained by InjuryFree ("Designated Record Set") to You or Your organization so You or Your organization can meet You or Your organization's obligations to provide individual access to such PHI under HIPAA; (f) make available PHI maintained in a Designated Record Set to You or Your organization and incorporate any amendments as You or Your organization may reasonably instruct so You or Your organization can meet You or Your organization's obligations to amend incomplete or inaccurate PHI under HIPAA; (g) maintain and provide to You or Your organization information about disclosures of PHI by InjuryFree that are subject to the HIPAA accounting of disclosure requirements so You or Your organization can meet Your or Your organization's obligations to provide individuals with an accounting of disclosures; (h) make InjuryFree's internal practices, books, and records relating to the use and disclosure of PHI available to the Secretary of the United States Department of Health and Human Services for purposes of determining Your or Your organization's compliance with Your or Your organization's legal obligations under HIPAA; and (i) upon termination of the relationship between InjuryFree and Your organization Agreement, return or destroy PHI that InjuryFree maintains and retain no copies of such PHI or, if return or destruction is not feasible, extend the protections of this terms and conditions of use to such PHI and limit further use and disclosure of the PHI to those purposes that make the return or destruction of the PHI infeasible.
InjuryFree and its content providers own all Site content, including text, templates, management report formats, customized graphics, photographs, music, data, images, audio and video clips, and software. This property is protected by U.S. and international copyright laws. In addition, the manner in which InjuryFree has compiled, arranged, and assembled its content is protected by worldwide copyright laws and treaty provisions. Copying, publishing, broadcasting, modification, distribution, and transmission in any way without the prior written consent of InjuryFree is strictly prohibited. InjuryFree reserves title and full intellectual property rights for materials downloaded or otherwise received from InjuryFree or the Site. InjuryFree hereby grants You permission to download, print, and store content solely for purposes of recording employee areas of physical discomfort, suggesting ergonomic enhancements to employee work areas and habits, monitoring employee use of proposed solutions, and evaluating their effectiveness. You may not create Your own service utilizing InjuryFree's intellectual property nor provide Site formats, templates, or other content to third parties for the purposes of developing a similar system. MyErgoStat and Virtual Ergonomist™ are service marks of InjuryFree. They may not be used in connection with any third party products or services.
You agree not to violate any applicable laws, rules or regulations, whether federal, state or local or of any foreign jurisdiction or use the Website or Services in a way for unlawful purposes or that constitutes or encourages any unlawful activities. You also agree not to submit, email, or otherwise make available any use submission or use the Site or Services in any way that:
In the event that You misuse the Site or the Services by improperly copying copyrighted materials, using InjuryFree's copyrighted materials, attempting to access information beyond Your authorization, granting access to unauthorized users, collecting personal information of other users, attempting to cause harm to InjuryFree's servers, attempting to bypass any security mechanism, or using any of InjuryFree's systems or services to attempt to bypass any security mechanisms in place on any remote system, running any password cracking software, violating rights of privacy or publicity, using or launching any automated means, including spiders, robots, crawlers, scrapers or the like, to download data from the Site, spreading computer viruses or other damaging programs or data files, or otherwise misusing the Site or Services, as determined by InjuryFree in its discretion, InjuryFree may terminate Your and/or Your organization's access to the Site and/or the Services without further compensation to You.
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The validity of this Agreement and the rights, obligations, and relations of the parties hereunder shall be construed and determined under and in accordance with the laws of the State of Washington, without regard to conflicts of law principles. In the event of any controversy or claim arising out of or relating to this contract, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If settlement is not reached within sixty (60) days after service of a written demand for mediation, any unresolved controversy or claim arising out of or relating to this contract shall be settled by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in Seattle, Washington. The language of all proceedings and filings shall be English. The arbitrator shall render a written opinion including findings of fact and law and the award and/or determination of the arbitrator shall be binding upon the parties, and their respective administrators and assigns, and shall not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration shall be shared equally by the parties unless the arbitration determines that the expenses shall be otherwise assessed. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within ninety (90) days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit shall not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange shall be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.
If any part of this terms and conditions of use is ruled to be unenforceable, then such part shall be eliminated or limited to the minimum extent necessary. The remainder of the terms and conditions of use, including any revised portion, shall remain and be in full force and effect.
Nothing in this terms and conditions of use will be deemed or construed to create a joint venture, partnership, fiduciary, or agency relationship between You and InjuryFree for any purpose. Each party is an independent contractor and does not have any authority to bind or commit the other.
Any notice provided pursuant to this terms and conditions of use shall be in writing and shall be deemed given: (i) if by hand delivery, upon receipt thereof; (ii) if mailed, three (3) days after deposit in the United States mails, postage prepaid, certified mail return receipt requested; (iii) if sent via overnight courier with receipt; or (iv) if, in the case of InjuryFree's provision of notice, posted on the Site.
You may not assign this terms and conditions of use or any of its rights or obligations under this terms and conditions of use, without the prior written consent of InjuryFree. Any assignment or transfer without such written consent shall be null and void. InjuryFree may assign this terms and conditions of use upon notice to You. A waiver of any default hereunder or of any term or condition of this terms and conditions of use shall not be deemed to be a continuing waiver or a waiver of any other default or any other term or condition.
This terms and conditions of use constitutes the complete understanding and agreement of the parties with respect to the subject matter hereof and supersedes and merges any prior understandings, statements, negotiations between the parties, whether oral or otherwise. This terms and conditions of use may be modified from time to time by InjuryFree by posting the revised terms and conditions of use on the Site.