Terms of Use
CORA Health Services, Inc. (“CORA”) is a Delaware corporation headquartered at 3745 Shawnee Rd., Ste. 103, Lima, OH 45806. CORA and its subsidiaries and affiliates (hereinafter collectively referred to as “CORA”) provide outpatient rehabilitation services at its clinic locations, onsite locations (including, but not limited to, schools, events and homes) and virtual telehealth services. The Web Sites are owned and maintained by, or on behalf of, CORA or one or more of its affiliates (collectively, the “Owner”). CORA operates rehabilitation clinics that are licensed or otherwise approved to conduct business in various jurisdictions within the United States.
Acceptance of Terms
Your acceptance of, and compliance with, these Terms of Use is a condition to your use of all websites owned by CORA, including the following websites: https://coraphysicaltherapy.com; https://bodygears.com/; https://triflexcare.com;https://ptprosnetwork.com;https://coraphysicaltherapy.com; https://corashare.com; and https://corahealth.com and any website that links to this Terms of Use (collectively referred to as the “Web Sites”). The Web Sites are owned and maintained by, or on behalf of, CORA or one or more of its affiliates. CORA operates rehabilitation clinics that are licensed or otherwise approved to conduct business in various jurisdictions within the United States.
The Web Sites provide users with access to an online collection of information and materials. The Web Sites also contain text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively, “Content”), and may provide access to certain proprietary software used in connection with navigating and utilizing the functionality offered through the Web Sites (“Software”). The Web Sites are intended for use only by authorized users who are at least 18 years of age and who reside in the United States.
PLEASE NOTE: Your access to and use of the Web Sites are subject to the following Terms of Use and all applicable laws and regulations. Please read these terms carefully. If you do not accept and agree to be bound by any of these terms or conditions, you are not authorized to access or otherwise use the Web Sites or any information, content, Services, or Software contained on the Web Sites. Your access to and use of the Web Sites constitutes your acceptance of and agreement to abide by these terms and conditions set forth below. These Terms of Use may be changed, modified, supplemented, or updated by the Owner from time to time without advance notice. Unless otherwise indicated, any new Products and Services, Content, and Software added to the Web Sites will also be subject to these Terms of Use effective upon the date of any such addition. You are encouraged to review the Web Sites periodically for updates and changes. The Web Sites Contain a Binding Arbitration Provision Which May Be Enforced By The Parties.
Limited License and Site Access – The Owner hereby grants you a limited license to access and make personal use of the Web Sites but not to download (other than page caching) or modify them, or any portion of the Web Sites, except with express written consent of the Owner. This license does not include any resale or commercial use of the Web Sites or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Web Sites or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Web Sites or any portion of the Web Sites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of the Owner. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Owner or its affiliates without their express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of the CORA name(s) or service marks without the express written consent of the Owners. Any unauthorized use terminates the permission or license granted by the Owner.
Availability of Products and Services – Due to various medical and other regulatory restrictions, certain Products and Services described on the Web Sites may not be available to all users. Products and Services may vary by jurisdiction and may not be offered by the Owner, nor are all Products and Services suitable for all users or available in all United States jurisdictions. EXCEPT AS EXPRESSLY STATED HEREIN, THE INFORMATION CONTAINED ON THE WEB SITES IS NOT AN OFFER TO SELL OR A SOLICITATION OF ANY SERVICES OR OTHER PRODUCTS BY THE OWNER.
Whenever particular Product and Service availability is not specifically designated on the Web Sites, please contact the Owner to find out which Products and Services are available to you in your state.
The Web Sites may provide certain summary descriptions or other helpful information regarding Products and Services. The Owner attempts to be as accurate as possible; however, any such materials are intended to generally describe the Products and Services and are subject in all respects to the specific terms and conditions of the actual policy or product/service agreement to which they refer. Complete policy terms are available upon request.
Online Payment – You can purchase products or pay for Services on the Web Sites. To simplify the user experience on the Web Sites, you are able to pay for your purchases via the Web Sites with CORA serving as payment processing agent on your behalf.
We accept credit and debit cards issued by U.S. banks. If a credit card account is being used for a transaction, we may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.
You represent and warrant that if you are making online payments that (a) any credit card, debit card and bank account information you supply is true, correct, and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information. If we are unable to secure funds from the payment method you provide for any reason, including insufficient funds in the payment method or insufficient or inaccurate information provided by you when submitting electronic payment, we may undertake further collection action, including application of fees to the extent permitted by law. You acknowledge and agree that you will not dispute the charges from CORA or any third party payment processor with the payment method company, provided the transactions correspond to the terms indicated in these Terms of Use.
Order Acceptance – We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
Password Accounts, Passwords, and Security – If you have been given the option to open an account on the Web Sites which will provide you with access to the password-protected portions of the Web Sites and you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify the Owner of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. The Owner will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Owner or another party due to someone else using your account or password. You may not use anyone else’s account at any time without the permission of the account holder.
Information Submitted by You – You warrant and represent that any information you enter on the Web Sites is true and correct and that you have exercised your best efforts in verifying the accuracy of the information. You acknowledge that the information entered into any online application is material to any decision by the underwriting company to issue a policy and that any decision to issue a policy would be made in reliance upon the sufficiency and accuracy of the information entered into the application.
Copyright – Except as otherwise expressly stated, all Content and Software appearing on the Web Sites are the copyrighted work of the Owner or third party content suppliers and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content and Software is also the exclusive property of the Owner and is protected by U.S. and international copyright laws.
You may download information from the Web Sites and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Web Sites, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of the Owner or any applicable third party suppliers. The use of Content, including images, by you or anyone else authorized by you, is prohibited unless specifically permitted by the Owner. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Neither the Owner nor its affiliates warrant or represent that your use of Content, Services, Software, or any other materials displayed on the Web Sites will not infringe the rights of third parties.
Trademarks and Service Marks – Certain identifiers used on the Web Sites, including “CORA Rehabilitation Clinics,” “CORA Physical Therapy,” “CORA Health Services,” and “eNotes,” are registered service marks of the Owner. The domain name for the Web Sites, all CORA logos, and all page headers, custom graphics, and button icons are service marks, trademarks, logos, trade dress, or are otherwise the intellectual property of the Owner. All trademarks, service marks, trade dress, product names, company names, or logos on the Web Sites which are not owned by the Owner are the property of their respective owners, whether registered or not. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from the Web Sites without the prior written authorization of their respective owners.
Ownership of information submitted via the Web Sites – With the exception of any personal data or information you submit (which shall be maintained in accordance with our Privacy Statement ), any information you transmit to the Owner via the Web Sites, whether by direct entry, submission, electronic mail or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of the Owner. Such information may be used for any purpose, including but not limited to the reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. The Owner shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Owner via the Web Sites or by any other means for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.
Proprietary Software – Any Software accessible through the Web Sites is the property of the Owner or its suppliers and is protected by U.S. patent and copyright laws and international treaties. Any use of the Software by you other than as required to navigate and utilize the intended functionality offered through the Web Sites is prohibited. You agree not to copy, distribute, publicly display, alter, modify, decompile, disassemble, reverse engineer or otherwise attempt to discover the source code of the Software. Further, you agree not to access the Services or Content by any means other than the interface provided by the Owner through the Web Sites for your use in accessing the Services and Content.
The Software provided on the Web Sites is owned by or licensed to the Owner and may contain technology subject to strict controls pursuant to export control laws and regulations of the United States of America and other countries and jurisdictions. You shall not copy, transfer or export such software in violation of such applicable export laws and regulations. The Owner does not authorize the downloading or exportation of any software or technical data from the Web Sites to any jurisdiction prohibited by such export controls laws and regulations.
Connection Requirements – You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software, and communication lines required to access and use the Web Sites, and the Owner reserves the right to change the access configuration of the Web Sites at any time without prior notice.
Prohibited Use – Any use or attempted use of the Web Sites (1) for any unlawful, unauthorized, fraudulent, or malicious purpose, or (2) that could damage, disable, overburden, or impair any server or the network(s) connected to any server, or (3) interfere with any other party’s use and enjoyment of the Web Sites, or (4) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (5) to access systems, data or information not intended by the Owner to be made accessible to a user, or (6) attempt to obtain any materials or information through any means not intentionally made available by the Owner, or (7) any use other than the business which it was intended, is prohibited.
In connection with your use of the Web Sites, you agree you will not:
1. Upload or transmit any message, information, data, text, software or images, or other content (“Material”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
2. Create a false identity for the purpose of misleading others or impersonating any person or entity, including but not limited to the Owner, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. Upload or transmit any Material that you do not have a right to reproduce, display or transmit under any law or contractual or fiduciary relationships (such as nondisclosure agreements);
4. Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
5. Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
6. Use the Web Sites’ communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
7. Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, commercial or otherwise;
8. Violate any applicable local, state, national or international law;
9. Upload or transmit any Material that infringes any patent, trademark, service mark, trade secret, copyright, or other proprietary rights of any party;
10. Delete or revise any Material posted by any other person or entity;
11. Manipulate or otherwise display the Web Sites by using framing, mirroring, or similar navigational technology or directly link to any portion of the Web Sites other than the main homepage in accordance with the Limited License and Site Access outlined above; or
12. Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Product or Service if you are not expressly authorized by such party to do so; or
13. Harvest or otherwise collect information about others, including e-mail addresses.
The Owner reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including but not limited to the suspension or termination of the user’s access and/or account. The Owner may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Statement, the Owner reserves the right at all times to disclose any information as the Owner deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Owner’s sole discretion.
Right to Monitor – The Owner is not obligated to actively monitor the general use of the Web Sites or to exercise editorial control over the content of any third party’s website, electronic mail transmission, newsgroup, or other material created or accessible over or through the Web Sites. However, the Owner does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in the Owner’s sole discretion, may be illegal, may subject the Owner to liability, may violate this Terms of Use Agreement, or are, in the sole discretion of the Owner, inconsistent with the Owner’s purpose for the Web Sites.
Hyperlinks to Third-Party Web sites – The Web Sites may contain hyperlinks to other sites owned and operated by parties other than the Owner. Such hyperlinks are provided only for ready reference and ease of use. We do not control such websites and cannot be held responsible for their content or accuracy, and we do not endorse these sites unless we specifically so state. In the event the Web Sites provides hyperlinks to other websites that are not owned, operated, or maintained by the Owner or its affiliates, you acknowledge and agree that the Owner is not responsible for and is not liable for the content, products, services, or other materials on or available from such websites. We accept no liability for any information, products, advertisements, content, services, or software accessible through these third-party websites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. The Owner is under no obligation to maintain any link on the Web Sites and may remove a link at any time in its sole discretion for any reason whatsoever. Neither the Owner nor its affiliates shall be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services, or other materials available on or through any such website.
Your correspondence and business dealings with any third-party advertisers found on or through the Web Sites are solely between you and such advertiser. You agree that neither the Owner nor its affiliates shall be responsible or liable for any loss or damage of any sort incurred as the result of any such correspondence or dealings or as the result of the presence of such advertisers on the Web Sites. We encourage you to exercise discretion while selecting any third-party products and services which may be advertised on or via the Web Sites.
The Owner does not exert any Editorial Control of Third Party Content; No Statement as to Accuracy – To the extent that any of the Content included in the Web Sites is provided by third-party content providers, the Owner has no editorial control or responsibility for such Content. Therefore, any opinions, statements, services, or other information expressed or made available by third-party suppliers on the Web Sites are those of such third-party suppliers. The Owner does not represent or endorse the accuracy or reliability of any opinion, statement, or other information provided by any third party, or represent or warrant that your use of the Content displayed on the Web Sites or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with the Owner.
Privacy Statement – Our Privacy Statement describes the Owner’s collection, use, and protection of nonpublic personal information (“customer information”) and will help you understand how we secure and treat customer information that we obtain. Your submission of any such information to the Owner in connection with the Web Sites constitutes your consent to the uses and disclosures of data and information by the Owner or its affiliates that are consistent with the Privacy Statement.
Some information is collected automatically when you visit the Web Sites because your I.P. address needs to be recognized by the server. We may use the I.P. address information to monitor and analyze how parts of the Web Sites are used.
Use of Cookies – A cookie is a piece of information that a web server may place on your computer when you visit a website. Cookies are commonly used by websites to improve the user experience and have not been known to transmit computer viruses or otherwise harm your computer. Many cookies last only through a single Web Sites session or visit. Others may have an expiration date or may remain on your computer until you delete them.
We may use cookies for a number of purposes – for example, to maintain continuity during a user session, to gather data about the usage of our Web Sites for research and other purposes, to store your preferences for certain kinds of information and marketing offers, or to store a user name or encrypted identification number so that you do not have to provide this information every time you return to our Web Sites.
Our cookies will track only your activity relating to your online activity on the Web Sites and will not track your other Internet activity. Our cookies do not gather personally identifiable information.
You can decide if and how your computer will accept a cookie by configuring your preferences or options in your browser. However, if you choose to reject cookies, you may not be able to use certain of our online Products and Services or Web Sites features.
We may occasionally use other companies to set cookies on our Web Sites and gather cookie information for us. In some cases, we may also use another company to operate web servers for our Web Sites. We use the cookie information gathered by these companies in the same manner as stated above. The companies we use are not permitted to use these cookies for their own internal purposes or share the information gathered with anyone other than CORA Health Services.
In addition to the information we may collect from cookies, we may also obtain information that you provide to us online – for example, when you use any tools or calculators provided on the Web Sites or when you submit an application or otherwise communicate with us. In some cases, we retain both the cookie information and/or the information you provide to us online – for example, to complete a transaction you requested or to keep historical records of your past transactions. In other cases – for example, when you use our tools and calculators – we only retain the cookie and/or online information you give us if you request us to do so for your use in subsequent sessions.
Consent to Receive Calls, Text Messages, and Audio and/or Video Recording – By providing your mobile number, you are agreeing to be contacted by or on behalf of CORA at the mobile number you have provided, including calls and text messages, to receive informational, product or service related (e.g., progress tracking, reminders, etc.) messages and communications relating to the Web Sites. Message and data rates may apply. To stop receiving text messages text a reply to us with the word STOP. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, some of the functions provided by the Web Sites may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your services.
CORA may record (audio and video) all or part of your interaction with us (“Recordings”). Such Recordings are used for quality assurance and training purposes, to better deliver to you the products and services, and to help us improve the Web Sites and Services. We will keep such Recordings confidential, and we will not publicly display such recordings unless legally required to do so, such as if subject to a court order. By accessing and using our Web Sites, you agree and consent to such Recordings for the purposes and uses set forth in these Terms of Use and as otherwise set forth in the Privacy Policy.
CORA is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”) and the Telephone Consumer Protection Act (“TCPA”). You consent to receive text messages from us as set forth above. E-mails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM ACT and the TCPA. In the event you receive an e-mail or text message from us which you do not believe is fully compliant with the CAN-SPAM Act or the TCPA, please contact us.
Electronic Communications – When you use the Web Sites, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. CORA may contact you by telephone, mail, or e-mail to verify your information. CORA may request further information from you and you agree to provide such further information to ensure that you have not fraudulently used the Web Sites or Services. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of our the Web Sites until you provide the information to us as requested.
Modification to Services – The Owner may, at its discretion, modify or discontinue any of the Products and Services, Content or Software, or any portion thereof, with or without notice. Neither the Owner nor its affiliates will be liable to you or any third party for any modification or discontinuance of any of the Products and Services, Content, or Software.
Disclaimer – Information contained on the Web Sites has been prepared by the Owner as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. The Owner has used reasonable efforts in collecting, preparing, and providing quality information and material but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the information contained in or linked to the Web Sites or any other Web Sites maintained by the Owner. Users relying on information from the Web Sites do so at their own risk.
The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions, and conditions applicable to the Products and Services but are provided solely for general informational purposes; please refer to the actual policy or the relevant product or services agreement for complete terms, exclusions, and conditions. Should you purchase a product from the Owner or a third party, the terms and conditions applicable to that transaction will govern such purchase, and your use of the Web Sites does not affect that purchase in any manner.
The Web Sites may provide you with planning and educational tools, including calculators. Such tools and calculators may allow you to model certain “what-if” scenarios related to specific Products or Services, the results of which are intended to be purely illustrative and based on the information and assumptions identified. There is no guarantee that the results shown are necessarily accurate or will be achieved.
The Web Sites do not provide medical advice, care, and/or treatment. Any telemedicine consults obtained through our Web Sites are performed by your health care providers. Our Web Sites are not for medical emergencies, crisis and/or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does appear on the Web Sites. If you believe you are experiencing an emergency or crisis or urgent situation, call 9-1-1 immediately. You should seek emergency help or follow up care when recommended by a health care provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a qualified health care provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment.
If you are using the Web Sites to access telehealth services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the health care provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.
CORA DOES NOT WARRANT THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEB SITES WILL BE CORRECTED. THE WEB SITES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE RELATED TO THE WEB SITES, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. CORA DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE WEB SITES.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEB SITES, WEB SITES-RELATED SERVICES, SERVICES, AND LINKED WEBSITES. CORA DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY CORA ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.
Limitation of Liability – YOU UNDERSTAND AND AGREE THAT THE OWNER WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEB SITES, SERVICES, CONTENT OR SOFTWARE, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS ENTERED INTO THROUGH THE WEB SITES, OR STATEMENT OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEB SITES, SERVICES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE THE OWNER OR ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS-ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEB SITES.
Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, therefore, some of the limitations above may not apply to you.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Notices – Any notices to you from the Owner regarding the Web Sites or these Terms of Use will be posted on the Web Sites or made by e-mail or regular mail.
ELECTRONIC COMMUNICATIONS
When you visit the Web Sites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or posting notices on the Web Sites. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Safe Harbor Statement – The Web Sites may from time to time contain financial information relating to the Owner, possibly including forward-looking statements within the meaning of The Private Securities Litigation Reform Act of 1995. That Act provides a statutory “safe harbor” for forward-looking statements. Any written or oral statements made by or on behalf of the Owner reflect current views with respect to future events and financial performance. These forward-looking statements are subject to uncertainties and inherent risks that could cause actual results to differ materially from those contained in any forward-looking statement.
General Provisions
Entire Agreement – This Terms of Use Agreement, the Privacy Statement, and other policies the Owner may post on the Web Sites constitute the entire agreement between the Owner and you in connection with your use of the Web Sites and the Content, Services, and Software, and supersedes any prior agreements between the Owner and you regarding use of the Web Sites, including prior versions of the Terms of Use Agreement. The Owner may update this Terms of Use Agreement from time to time by posting revised Terms of Use on the Web Sites, without notice to you, and your subsequent use of the Web Sites indicates your acceptance of and is governed by those new Terms of Use. The Terms of Use are effective until terminated or updated by the Owner, at any time without notice. In the event of termination, the disclaimers and limitations of liabilities set forth in the Terms of Use will survive. The Terms of Use will be deemed to include all other notices, policies, disclaimers, and other terms contained in the Web Sites; provided, however, that in the event of a conflict between such other terms and the terms of these Terms of Use, these Terms of Use will control.
Third-Party Purchases Governed by Separate Agreement – The terms and conditions governing your purchase of any goods or services from any third party companies or financial institutions represented in the Web Sites shall be governed by a separate agreement duly executed between you and the supplier of such goods or services, including the Owner, as applicable.
Age and Location of User – All information and content available on the Web Sites are solely directed to individuals 18 years of age or older residing in the United States. The Owner makes no representation that the Content, information, products, Services, or Software are available for use outside of the United States. Any use of the Services, Content, and Software is prohibited where they are not allowed by law.
The Web Sites Contains a Binding Arbitration Provision Which May Be Enforced By The Parties.
Dispute Resolution – We will try to work in good faith to resolve any issue you have with the Web Sites, including Products and Services ordered or purchased through the Web Sites, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
You and CORA agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms of Use or your use of the Web Sites, including Products and Services ordered or purchased through the Web Sites shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and CORA are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and CORA.
If you desire to assert a claim against CORA, and you therefore elect to seek arbitration, you must first send to CORA, by certified mail, a written notice of your claim (“Notice“). The Notice to CORA should be addressed to: CORA Health Services, Inc., Attn: LEGAL NOTICE, PO Box 150, Lima, OH 45802 (“Notice Address“). If CORA desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by CORA, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand“). If CORA and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or CORA may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by CORA or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after CORA receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules“) of the American Arbitration Association (“AAA“), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless CORA and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of CORA’s last written settlement offer made before an arbitrator was selected (or if CORA did not make a settlement offer before an arbitrator was selected), then CORA will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
YOU AND CORA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and CORA agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Indemnification – You agree to defend, indemnify, and hold CORA and any affiliates harmless from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Web Sites, Products, Services, or any information posted on the Web Sites; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to CORA; or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Web Sites, Products, Services, or any information on the Web Sites, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
Governing Law; Jurisdiction; Venue; Severability of Provisions – The Terms of Use are governed by the laws of the State of Ohio, USA, and controlling United States Federal Law without regard to any conflicts of law provisions. If any provision is deemed by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.
Contact Us:
CORA Health Services, Inc.
P.O. Box 150
Lima, OH 45802
(419) 221 -3004
