TERMS AND CONDITIONS

Terms and Conditions for Use of OrthoNeuro Website

PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS”). BY ACCESSING AND USING THIS WEBSITE (“SITE”), YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND AGREE TO THE FOLLOWING TERMS REGARDING THIS WEBSITE AND YOUR USE THEREOF, AS WELL AS THE INFORMATION CONTAINED IN THIS WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE.

Agreement: By using the website, you agree to these Terms and acknowledge that such Terms constitute a binding agreement between you and OrthoNeuro, such agreement effective on your first use of the website, and you agree that such Terms will apply to all persons accessing this website from your computer. You further agree that you are obligated to review these terms and conditions on a regular basis for any changes and that you agree to be bound by those changes. OrthoNeuro has the right to amend the terms and conditions herein at any time without notice to you by making changes as posted on the site.

No Medical Advice: OrthoNeuro’s website is designed for informational purposes only and does NOT render medical advice, opinion or professional services. The information provided through this website is not intended to be used for diagnosing or treating a health problem or disease of any sort. It is not a substitute for professional health care, and is designed to support – but NOT replace – the relationship you have with your health care provider. If you have or suspect you may have a health problem, you should consult your health care provider. You should not disregard advice, or delay obtaining advice, from a health care provider because of information contained on this website.

If you think you may have a true medical emergency, call Emergency Medical Services (911) immediately.

If you are seeking a referral or consultation with a medical expert, please contact OrthoNeuro, Monday through Friday, 7:30am to 5pm, at (614) 890-6555 or request an appointment using our online portal.

DISCLAIMER OF WARRANTIES: THIS WEBSITE AND THE CONTENT CONTAINED THEREIN ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. THUS, YOUR RELIANCE UPON THIS WEBSITE AND ITS CONTENTS IS SOLELY AT YOUR OWN RISK. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, ORTHONEURO (ON BEHALF OF ITSELF AND ITS PHYSICIANS, EMPLOYEES, AND AFFILIATES) EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL ORTHONEURO, OR ITS OFFICERS, DIRECTORS, PHYSICIANS, EMPLOYEES, OR AFFILIATES, HAVE ANY OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LIABILITIES ARISING WITH RESPECT TO THE WEBSITE, THE INFORMATION CONTAINED THEREIN, AND YOUR USE THEREOF.

Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or in relation to the web site or these Terms must be brought, if at all, within one (1) year after such claim or cause of action arose, or be forever barred.

Governing Law: The state and federal courts of the State of Ohio shall be the exclusive forum and venue for resolving any and all disputes arising out of or otherwise relating to the web site and these Terms. You hereby consent to jurisdiction and venue in the state and federal courts located in Franklin County, Ohio.

Third Party Links: This website may include links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement of the content on such sites. Orthoneuro makes no representations or warranties concerning, and is not liable or responsible in any manner for, any content, availability, performance, effectiveness, or other aspect of such third party sites. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk. Your use of such third party web sites may require you to first agree to third party terms and conditions, and any such agreement will be between you and the respective third party provider. Therefore, it is your sole responsibility to become familiar with any third party terms of use, privacy policies, and any other terms and policies that may be applicable.

Copyright Notice: This site and all content (including text, graphics, logos, icons, images, audio clips, digital downloads, data compilations) provided or otherwise offered to you by OrthoNeuro (i) is the exclusive property of OrthoNeuro or is licensed to OrthoNeuro by a third party owner; (ii) is protected by copyright and other relevant laws; and (iii) may not be reproduced, duplicated, copied, or distributed without the owner’s prior written consent.

In addition to protecting its own rights, OrthoNeuro is committed to protecting the rights of others. Before you may reproduce, duplicate, copy, or distribute certain types of material (including, but not limited to, logos, photographs, and graphic designs), you are required by copyright law to own the right to, or to obtain permission to use, such material. You are solely responsible for obtaining such permission and for any copyright violations that may incur as a result of your use of, and other activities associated with, this website.

If you believe that your work, or the work of another, has been copied in a way that infringes copyright law, please contact OrthoNeuro immediately at info@orthoneuro.com.

Severability: If any part of this Agreement is held to be invalid or unenforceable, the parties agree that (i) to the extent possible, the invalid or unenforceable provision should be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision; and (ii) the remainder of the Agreement should remain in full force and effect.

Submission of Unsolicited Information: While OrthoNeuro appreciates the interest of users in improving the web site, before submitting any ideas or comments regarding improved or new products, services, or content, please be aware that any unsolicited ideas or comments submitted to OrthoNeuro or any of its physicians, employees, or affiliates automatically become the property of OrthoNeuro. By submitting such unsolicited ideas or comments, you automatically forfeit any rights to such ideas or comments.

User Account: Before opening an account, it is your responsibility to ensure that any information, services, or products available through the web site will meet your specific needs and requirements. When creating an account, you will need to provide personal information, including protected health information. OrthoNeuro protects and uses such information as set forth in its Online Privacy Policy and HIPAA Notice of Privacy Practice. By opening an Account, you (i) agree that all agreements (including these Terms), notices, disclosures, and other

communications provided electronically satisfy any legal requirement that such communications be in writing; (ii) warrant that you are at least 18 years of age and that the personal information provided (such as name, mailing address, email address, financial information, social security number, and medical information) to set up your account is true, accurate, current, and complete; and (iii) your account and use of the website will not be for fraudulent or unlawful purposes.

OrthoNeuro may terminate an account set up when users violate any of the aforementioned representations, warranties, and covenants, and OrthoNeuro reserves the right to terminate an account that has been inactive for more than 365 days.

Entire Agreement: These Terms constitute the entire agreement between you and OrthoNeuro with respect to this site, and supersede all other communications, written or oral, with regard to the same. In case of inconsistencies between these Terms and any information included in off-line materials, these Terms will control. OrthoNeuro may amend these Terms at any time, for any reason, and without notice.

OrthoNeuro Online Privacy Policy

OrthoNeuro takes your privacy seriously. Below is our Online Privacy Policy. For more information about the privacy of your personal health information, please read our HIPAA Notice of Privacy Practices

OrthoNeuro values individual privacy and we want to give you the opportunity to understand the kind of information that we learn about you from our website. If you believe that OrthoNeuro is not following its stated Online Privacy Policy, or if you have questions about the Online Privacy Policy, please direct inquiries to:

WHAT THIS POLICY COVERS

This Online Privacy Policy covers OrthoNeuro’s treatment of personally identifiable information which is collected from you on the OrthoNeuro website and when you use any related online services. This Online Privacy Policy does not apply to the practices of companies that OrthoNeuro does not own or control, nor to people that OrthoNeuro does not employ or otherwise manage and direct.

WHAT INFORMATION DO WE COLLECT?

OrthoNeuro collects personally identifiable information when you set up a user account, visit the OrthoNeuro website, make purchases, request services, send communications, participate in surveys, and otherwise chose to provide information to OrthoNeuro through its website. Examples of personally identifiable information which may be collected includes, without limitation:

your name, birth date, contact information, and other personal information;

personal identifiers, such as your Social Security Number, username/password, credit card accounts; and,

specific personal information, such as survey responses, racial or ethnic origin, religious beliefs, other medical information

From time to time, OrthoNeuro may provide you with the opportunity to participate in voluntary activities, such as surveys. We may request personal information from you, along with other information, in order for you to participate. Because participation in these activities is completely voluntary, you can elect not to disclose your personal information by not participating in the activity.

OrthoNeuro has adopted policies aimed at ensuring the confidentiality, integrity, and availability of all protected health information that it creates, receives, transmits, and maintains. We strive for compliance with applicable privacy laws and have implemented technical safeguards to protect your information. Further, all of our employees and business associates are obligated to abide by the same set of rules. Please note, however, that no method of transmission over the internet, or via other media or method of electronic storage, is 100% secure. Therefore, although OrthoNeuro has taken steps to protect your protected health information, we cannot guarantee its absolute security. If you have concerns regarding the electronic transmission of sensitive information, especially medical information, you may wish to consider using non-electronic communication methods.

Other Information: Like most websites, we also automatically gather and log information about your computer and navigation patterns, including your internet protocol (IP) address, browser type, operating system, internet service provider (ISP), referring/exit pages, the specific web pages that you visited during your connection to our website, and time/date information about your visit. None of this information, when used or provided in aggregate form, contains any information that personally identifies you. We may use this information, in aggregate form, for system maintenance or to gain a better understanding of how our website is used. We may also share this information, in aggregate form, with third parties for research or marketing purposes. We do not link this automatically-collected information to any personal information you voluntarily provide to us.

HOW DO WE USE COLLECTED INFORMATION?

The information OrthoNeuro collects helps to improve our website and services. For example, OrthoNeuro may use collected information to prevent and detect security threats, fraud or other malicious activity; communicate with you about our company or the products and services we offer; provide and improve service and support; customize your experience using our website; and respond to a communication from you. We may also provide information that identifies you to third party service providers and suppliers that OrthoNeuro has retained to deliver products, services and customer solutions. For example, OrthoNeuro may retain service providers and suppliers to help us fulfill your request for information, products, or services. Such providers and suppliers include, for example, credit card processors. Suppliers and service providers are required by contract to keep confidential the information received on behalf of OrthoNeuro and may not use it for any purpose other than to carry out the services they are performing for OrthoNeuro.

Except as described herein, OrthoNeuro will not share the personal information you provide to OrthoNeuro with third parties without your permission, unless it is to: (i) comply with any law, regulation, subpoena, or court order; (ii) investigate and help prevent security threats, fraud or other malicious activity; (iii) enforce/protect the rights and properties of OrthoNeuro or its affiliates; or (iv) protect the rights or personal safety of OrthoNeuro physicians, employees or other individuals.

OrthoNeuro also uses information we collect to analyze trends, to administer the website, to track users’ movements around the website, and to gather demographic information about our user base as a whole. We also use this information to improve the content of our web pages, and to customize the content and layout of our pages. All of this is done with the intention of making our website more useful to users.

We may use one or more third-party tracking services to track non-personal information about visitors to our site in the aggregate. These third-party services may use JavaScript, pixels, transparent GIF files, and other means to enable us to learn what brings users to our website. Any information we track in this manner is anonymous, limited to usage and volume statistics.

Cookies: A “cookie” is a small text file that is stored on a user’s computer for record-keeping purposes. Cookies are typically classified as either “session” cookies or “persistent” cookies. Session cookies do not stay on your computer after you close your browser. Persistent cookies remain on your computer until you delete them or they expire. Most browsers automatically accept cookies by default, but you can usually refuse cookies or selectively accept cookies by adjusting the preferences in your browser (directions are typically available in your browser’s “help” file). OrthoNeuro may elect to use session cookies and/or persistent cookies on its website. We may link the information we store in cookies to your personal information in order to provide a faster and more pleasant online experience. If you reject cookies, you may still use our site, but your ability to use some areas of our site will be limited.

Any use of session cookies will be to make it easier for you to navigate our site. For example, we may use session cookies to record session information, such as which web pages a user has visited, and to track user activity on the website. We may also use session cookies to store any passwords used on the website (such as a password associated with an account), so you don’t have to enter it more than once per session. Any use of persistent cookies will be to track and target the interests of our users for purposes that include enhancing the experience on our website.

Security: Your information is password-protected for your privacy and security. In certain areas we use 128-bit Secure Sockets Layer (SSL) encryption to protect data transmissions. We have secured every secure page on our Web sites with a digital certificate, which is shown via the “site certificate” that is resident on all login pages. To view this certificate, click on the Secure Site symbol in these sections.

Third-Party Privacy Policies: Please be aware that other web sites that may be accessed through OrthoNeuro may collect personally identifiable information about you. We do not control the collection or use of any information (including personal information) that occurs during your visit to third party web sites, and we make no representations and warranties about the privacy policies or practices of such sites.The information practices of those third-party web sites linked from the OrthoNeuro web site are not covered by this Online Privacy Policy. We encourage you to be aware when you leave our web site and to read the privacy statements of each and every web site that collects personal information.

OrthoNeuro disclaims any liability for any third party’s use of your personal information obtained through using the third party web site.

Business Transitions: Circumstances may arise where, whether for strategic or other business reasons, OrthoNeuro decides to sell, buy, merge or otherwise reorganize its business.

Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers. OrthoNeuro will seek appropriate protection for information in these types of transactions, and we will notify you via prominent notice on our website of any such change of ownership or control of your personal information.

Changes to This Policy: OrthoNeuro reserves the right to periodically revise this Online Privacy Policy. In the event we modify our Online Privacy Policy, we will give reasonable notice of the change on our home page. Since notice of any such policy change will not appear on our web site indefinitely and may only be posted for a limited time, it will be incumbent upon you to check our Online Privacy Policy regularly to see if we have made any modifications.

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