BoneSmart® Terms of Use Disclaimer

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BoneSmart Terms of Use

The BoneSmart Network, described below, provides users with a wide array of services including, without limitation, news, reference resources, sponsored programming, personalized content, continuing medical education and communication platforms (collectively, the “Services”). The Services are provided to users of the BoneSmart Network subject to the following Terms of Use (the “Terms”). You will always be able to view the most current version of these Terms by clicking on the Terms of Use link at the bottom of any page of a BoneSmart Network website or with our mobile applications. By using the Services, you agree to these Terms, whether or not you are a registered member of the BoneSmart Network. These Terms govern your use of the Services and create a binding legal agreement that we may enforce against you in the event of a violation. If you do not agree to all of these Terms of Use, do not use the Services!

Scope of these Terms of Use

The BoneSmart Network includes the website www.BoneSmart.org (the “BoneSmart Site”) and the BoneSmart Device Application (the “BoneSmart Apps”) for iPhone, iPad and Android devices which include BoneSmart Mobile. BoneSmart.org and BoneSmart Mobile are owned by The Foundation for the Advancement in Research in Medicine, Inc. (FARM) and operated by BoneSmart LLC. References to “BoneSmart” in these Terms of Use mean BoneSmart LLC. References to “we” or “our” mean BoneSmart.
BoneSmart may offer other services to physicians and healthcare professionals outside of the BoneSmart Network. These other services are not governed by these Terms but by the terms of use applicable to the property through which these services are offered.

Account Registration

You must register an account with the BoneSmart Network to access all of the Services. Registration requires you to provide us with your name, email address, profession, specialty and other information specified in the registration form (“Registration Information”), and to select a username and password that will be associated with your account. You agree that your Registration Information is true, accurate, current, and complete, and you will promptly update your Registration Information as necessary so that it continues to be true, accurate, current and complete. We may attempt to verify the accuracy of the Registration Information that you have provided and update it as necessary. You are solely responsible for maintaining the confidentiality and security of your BoneSmart account username and password and you may not permit another person to use your username and password to access the Services. You are responsible for all activity that occurs under your account. If you believe that the security of your account information has been compromised, you should immediately change your username and password through the account settings feature or notify us and we will assist you. We shall have no liability for any unauthorized access to or use of your account information.

Transactional and Subscription Services; Packages and Levels; Promotions and other

Transactional Services
After you create a Membership Account, certain of our Services may be made available by us without requiring any commitment from you to pay any fees or other amounts (e.g., certain pay-per-view offerings) (collectively, “Transactional Services”). Your access to, and use of, any Transactional Services are governed by these Terms of Use, and once you create or request a Membership Account to access certain of our Services, you will be a member until you or we permanently cancel your Membership Account and all Subscription Services with us. For example, you must abide by these Terms of Use in connection with your creation and use of any Membership Account used solely to access our Services, regardless of whether you ever provide payment information for any other paid Transactional Services. You may be required to provide a payment method and necessary billing information in order to receive certain other Transactional Services. Any and all users that create a Membership Account automatically enroll in membership to our Services UNLESS AND UNTIL YOU CONTACT US TO PERMANENTLY CANCEL AND DELETE INFORMATION RELATED TO YOUR MEMBERSHIP ACCOUNT BY CONTACTING CUSTOMER SERVICE VIA E-MAIL AT MEMBERSHIP@BONESMART.ORG, or until we elect to permanently cancel your Membership Account and Subscription Services (as defined below) for any purpose (e.g., in accordance with our standard information retention and destruction processes).

Subscription Services
After you create a Membership Account, certain of our Services may be made available by us solely in connection with your agreement to purchase a subscription to such Services for a set period (e.g., monthly or bi-annual subscription term) (collectively, “Subscription Services”). Regardless of the period for which you purchased any Subscription Services, following the completion of any such subscription period, your Subscription Services will automatically renew on a month-to-month basis at the then-current standard rates for monthly access to the same Subscription Services, unless and until they are cancelled or changed by you or BoneSmart in accordance with these Terms of Use.

Packages of Subscription Services
We may offer a number of different packages of Subscription Services, including special promotional packages, each governed by any supplemental Promotional Terms provided at the time of your first access or use of such Services. Some promotional packages may be offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate, or otherwise amend the Subscription Services offered by us, and the contents of the packages and levels thereof.

Minimum Requirements
BoneSmart reserves the right to require and/or change minimum programming package requirements, from time to time and at any time, in its sole and absolute discretion. For example, BoneSmart may require a minimum commitment term, or BoneSmart may require you to subscribe to a minimum level or package of our Services in order to view certain content or obtain access to purchase additional levels or packages of Subscription Services. In order to purchase certain packages, you may be required to first subscribe to Services for a set term (e.g., a year-long subscription).

Promotional Offers
You may initially accept a promotional offer for a certain package of Services that later becomes unavailable. Promotional offers do not automatically renew and may not be available at the end of, or during, the applicable promotional period, and following the completion of any such promotion, the Subscription Services will automatically renew on a month-to-month basis at the then-current standard rates for monthly access to the same Subscription Services, unless and until they are cancelled or changed by you or BoneSmart, in accordance with these Terms of Use.

Only One Promotion per Account Owner
Promotional offers may not be combined with other promotional offers associated with any account that you own, unless otherwise expressly permitted in the applicable Promotional Terms. BoneSmart reserves the right, in its sole and absolute discretion, to determine your eligibility for any promotional offer pursuant to the applicable Promotional Terms. BoneSmart reserves the right to change, amend, and alter then-current promotional offers or Promotional Terms as well as institute new promotional offers, from time to time and at any time, in its sole and absolute discretion. We do not guarantee that any promotional offers are or will be available to you at all, or in connection with any Services desired by you.

Cancellation Policies
Your Subscription Services are prepaid on a monthly billing period basis and you may contact us to cancel them at any time by visiting https://bonesmart.org/forum/account. Cancellation requests are not accepted via email. Because charges are prepaid each billing period, when you contact to cancel your Subscription Services, your subscription will continue, and you will be able to enjoy your Subscription Services through the end of, the then-current billing period (except as otherwise provided herein to the contrary (see Section BILLING) or in any Promotional Terms). Refunds are not issued for a partial billing period. When you cancel your Subscription Services, you may be subject to certain charges and fees as set forth in any applicable Promotional Terms, and if you have taken advantage of a promotional offer that required you to pre-pay for a minimum period of time (e.g., 3 months), then your cancellation will not become effective until the end of that minimum period of time, and in such case, for purposes of such promotional offer, your initial “billing period” will mean such minimum period of time. Your cancellation of Subscription Services does not automatically cancel your Membership Account or access to our Transactional Services.

Billing

Fees and Charges
We will bill you monthly in advance for your Subscription Services. Charges are billed to the credit or debit card you registered with your Membership Account. BoneSmart may, from time to time and at any time, change the amount of or basis for determining any fees or charges, and/or institute new fees, surcharges, or other charges as determined by us (e.g., surcharges imposed for transmission of programming content in certain jurisdictions). You agree to pay all amounts billed for our Services, as well as all taxes, fees, and other charges, if any, that are now or may in the future be assessed in connection with any of our Services you access or use, and any other charges due and owing to us. We may apply interest and late fees for any amounts paid following the date when due, and we may terminate or suspend your account for any failure to timely pay any amounts or maintain up-to-date payment method information within your account. State and local taxes or reimbursement charges for gross earnings taxes in some states may apply.

Registration of Credit or Debit Card
If you do not already have an account, you will be required to establish an account to access certain of our Services. To access certain Services you will also be required to register a valid credit or debit card to process payments of the associated fees. When you register a credit or debit card for a new account, you authorize BoneSmart to place a pending charge to your credit or debit card to verify your billing address and the validity of your credit or debit card; such pending charges are temporary and will not be converted into an actual charge to you. Pending charges, while pending, will, however, reduce the available amount of credit on your credit card or funds available to your debit card. You are solely responsible for any and all fees charged to your credit or debit card by the issuer, bank, or financial institution, including fees for membership, any overdraft or other insufficient funds, or for exceeding any applicable credit limit. Once your account is authenticated, the credit or debit card that you registered with your account will be charged for each transaction without having to reenter your credit or debit card information. You agree that the issuer of any credit or debit card you registered with your Membership Account will accept these Terms of Use as your authorization and pay all amounts billed in connection with use of your account without BoneSmart’s submitting a signed receipt.

Billing Cycle
The fees for all Subscription Services and Transactional Services will be billed in advance. For Subscription Services, we automatically bill you each month on the calendar day corresponding to the date on which you first commenced payment for Subscription Services. Membership Account fees for Subscription Services and Transactional Services are fully earned upon payment. If your paid membership to any Subscription Service began on a day not contained in a given month, then we may bill you on a day in the applicable month or such other day as we deem appropriate (e.g., if you are regularly billed on the 31st, then we may bill you on the 28th or 30th of the calendar months that do not have 31 days). Although we endeavor to bill you as described in this paragraph, we reserve the right to change the timing of our billing as necessary, from time to time, and at any time. We may authorize your payment method in anticipation of membership or service-related charges. As used in these Terms of Use, “billing” shall indicate a charge, debit, or other payment clearance, as applicable, against your registered credit or debit card information. For the purposes of this paragraph, “month” or “monthly” refers to your billing cycle.

No Returns, Credits or Refunds
YOU UNDERSTAND AND AGREE THAT PAYMENTS ARE NONREFUNDABLE. WE ARE NOT OBLIGATED, AND YOU ARE NOT ENTITLED AND HEREBY WAIVE ANY RIGHT, TO ANY CREDIT, REFUND, PRICE ADJUSTMENT OR ANY OTHER DISCOUNT, COMPENSATION OR RECOMPENSE FOR ANY PARTIALLY USED OR UNUSED SERVICE (E.G., SUBSCRIPTION SERVICES NOT USED OR TRANSACTIONAL SERVICES NOT DOWNLOADED OR FULLY VIEWED). Notwithstanding the forgoing, although not required or obligated, we reserve the right to evaluate or elect to provide credits, refunds, price adjustments or other discount, compensation or recompense, from time to time, and at any time, in our sole and absolute discretion; provided that any such elections to offer any such credits, refund, price adjustment or other discount, compensation or recompense in one instance does not entitle you to the same or any such benefit in the future for similar or unrelated instances, nor does it create any obligation whatsoever for us to offer such benefit to you or any other user in connection with any past, present, or future request under any circumstance whatsoever.

Restarting your Services
If you do not make timely payment for your Services, we may disconnect, suspend, limit, or terminate your access to such Services, and in such event, we will be immediately and forever wholly relieved from any and all of our duties and obligations to you under these Terms of Use. If your Membership Account is disconnected for non-payment, or for any other reason whatsoever, then BoneSmart may require that you pay, and you agree to pay, any amount due (regardless of how long outstanding, and including all past due charges and all outstanding balances accrued through the date of such disconnection) before we reconnect your access to any of our Services. We are not obligated to reconnect your access to any of our Services. If your Services are disconnected for non-payment, or for any other reason whatsoever, then you may no longer be eligible, even if you pay to restart your Subscription Services, to receive any remaining credits or promotional pricing that you would have been eligible to receive had your Subscription Services, or any of our other Services, not been disconnected, suspended, limited, or terminated. Unless required by applicable law, deposits will not be held segregated from other funds and will not earn or accrue interest. Promotional pricing is valid only at the time of initial purchase of such promotional Subscription Service or Transactional Service, and we reserve the right to stop any promotion at any time for any reason whatsoever.

Attorney’s Fees/Collections
If we use an attorney or a collection agency to collect any money you owe us, or to assert any other right that we may have against you (e.g., any breach of any agreement you may have with BoneSmart or any of our affiliates), then you hereby agree to pay the reasonable costs of such collection or other action. These costs may include the costs of a collection agency, reasonable attorneys’ fees, and court costs. If you believe you have been billed in error, you must contact our Customer Service immediately, and in no event more than 15 days following the date you receive any bill for which you are seeking correction. Failure to timely notify us of any dispute will constitute your acceptance of the corresponding billed amounts. You must pay undisputed portions of any billing statement when due, or, without limitation to any other rights or remedies available to BoneSmart at law, in equity, under contract (including these Terms of Use), or otherwise, all of which are hereby expressly reserved (e.g., we may elect to suspend or terminate your Subscription Services or any of our Services), permanently or temporarily, in whole or in part. All payments for our Services must be made directly by you to us, unless we authorize otherwise; and except as otherwise authorized, BoneSmart shall have no obligation to provide Services for which payment is made by you to a third party or for which payment is made by a third party on your behalf.

Use of the Services

The Services are intended for consumers, physicians and other healthcare professionals. By using the Services, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms and that you are not prohibited from using the Services or any portion thereof.

If you are a healthcare professional, the information and tools that we make available through the Services are provided for educational and informational purposes only. While we hope you find the Services useful to you as a healthcare professional, they are in no way intended to serve as a diagnostic service or platform, to provide certainty with respect to a diagnosis, to recommend a particular product or therapy or to otherwise substitute for the clinical judgment of a qualified healthcare professional. You agree that you will not use the Services with the intention of creating any kind of physician/patient relationship, e.g., to diagnose or treat users. You are solely responsible for evaluating the information obtained from the Services and for your use or misuse of such information in connection with your treatment decisions or otherwise. You agree that you shall be solely responsible for your compliance with all laws and standards of professional practice applicable to you and the practice of medicine or other relevant health profession.

If you are a consumer who chooses to access the professional-level information made available through the Services, you should not rely on that information as professional medical advice or use the Services as a replacement for any relationship with your physician or other qualified healthcare professional. For medical concerns, including decisions about medications and other treatments, consumers should always consult their physician or, in serious cases, seek immediate assistance from emergency medical personnel.

Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable and non-sublicensable license to use the Services and to view the information and materials made available through the Services, including User Content, as defined below, (“BoneSmart Content”) solely for your personal and professional use. You shall not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, BoneSmart Content, the BoneSmart Sites or the BoneSmart Apps, except as expressly permitted in these Terms. All rights not expressly granted herein are reserved to BoneSmart and their respective licensors, as applicable.

The BoneSmart Network may contain links to third-party websites or resources which are not part of the BoneSmart Network. You agree that we are not responsible or liable for these websites and resources including, without limitation, their availability or the content and information that they provide. The inclusion in the BoneSmart Network of third party resources, including links to third party websites, does not imply our endorsement of these resources.

You agree that you will not engage in any of the following activities in connection with your use of the Services:

Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
Use, display, mirror or frame a BoneSmart Site or BoneSmart App, or any component thereof, or BoneSmart’s trademark, logo or other proprietary information, without the written consent of BoneSmart, as applicable;
Remove any copyright, trademark or other proprietary rights notices contained within the BoneSmart Network, including those of BoneSmart and any of their respective licensors;
Infringe or use the BoneSmart brand, logos and/or trademarks in any business name, email, URL or other context unless expressly approved in writing by BoneSmart, as applicable;
Attempt to circumvent any protective technological measure associated with the Services;
Attempt to access or search a BoneSmart Site, BoneSmart App or any content contained therein through the use of any engine, software, tool, agent, device or mechanism (including scripts, bots, spiders, scraper, crawlers, data mining tools or the like) other than through software generally available through web browsers;
Post, upload, transmit or otherwise distribute chain letters, pyramid schemes, advertising or spam;
Impersonate or misrepresent your affiliation with another person or entity;
Harvest or otherwise collect information about others, including email addresses;
Interfere with or disrupt any of the Services or the associated computer or technical delivery systems;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing a BoneSmart Site or a BoneSmart App;
Fail to respect another user’s privacy. This includes revealing another user’s password, phone number, address, instant messenger I.D. or address or any other personally identifiable information; or
Use a BoneSmart Site, BoneSmart App, the Services or any BoneSmart Content in any manner not permitted by these Terms.

We may (but are not obligated to) do any or all of the following without notice:

Record or pre-screen User Content submissions to public areas within the BoneSmart Network;
Investigate your use of the Services as we deem appropriate to comply with any applicable law, regulation, government request or legal process;
Remove User Content which we believe does not comply with these Terms of Use;
Terminate your access to the BoneSmart Network upon our determination that you have violated these Terms of Use; and
Edit BoneSmart Content.

Information that you Make Available through the Services

Certain Services enable users to submit content which may include, without limitation, text, images, photographs, figures, charts, graphics, reports, data and sound (“User Content”). User Content does not include Registration Information. When you submit User Content through the Services you automatically grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid up, transferable, sub-licensable (through multiple tiers) license to distribute, transmit, copy, host, publicly display and perform, excerpt, index, tag, modify, adapt, sell, create derivative works from, and otherwise use and exploit such User Content in any media, form or format now known or hereafter developed, both within and outside of the BoneSmart Network for any purpose that is consistent with the BoneSmart Privacy Policy. You agree that you are solely responsible for all User Content that you submit through the Services. You represent and warrant that you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases that are necessary to grant to us the rights to such User Content as specified in these Terms.

You are solely responsible for ensuring that the User Content that you make available through the Services complies with applicable laws including, without limitation, those relating to privacy, and also best clinical and ethical practices. Prior to submitting any User Content to the Services, you must remove any information that identifies an individual or could reasonably enable the identification of an individual, e.g., name, e-mail address, social security number, insurance number or other unique identification number, biometric identifiers, facial photographs, photographs of identifying marks such as tattoos or scars. You shall be solely responsible for any claims arising from your failure to de-identify User Content that you submit through the Services.
You agree that you will not use the Services to make available User Content that:

you do not have the right to make available under any contractual or fiduciary agreement or law;
infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
results in the violation of any applicable law or regulation, including, but not limited to, the Health Insurance Portability and Accountability Act (HIPAA) or any other applicable privacy laws;
is unlawful, harmful, obscene, defamatory, threatening, harassing, abusive, slanderous, offensive, or embarrassing to any other person or entity;
promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
promotes illegal activity;
is fraudulent, false, misleading or deceptive;
constitutes an advertisement or solicitation of business; or
contains viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware.

Proprietary Rights

You acknowledge and agree that the BoneSmart Network and any software used in connection with the BoneSmart Network (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the BoneSmart Content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by us or the applicable licensor, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform, create derivative works from, or “scrape” for commercial or any other purpose, the BoneSmart Network, the BoneSmart Content or the Software, in whole or in part. Any use of the BoneSmart Network or the Services not expressly permitted by these Terms is a breach of these Terms and may violate our and third parties’ intellectual property rights.

You may view information provided through the Services online, download individual articles to your computer or mobile device for later reading or print a copy of an article for yourself. You may not remove any copyright notices from our materials. You agree not to access the Services by any means other than through the interface that is provided by us for use in accessing the Services.

Privacy Policy

The BoneSmart Privacy Policy, located at https://bonesmart.org/privacy/, provides information about our collection, use and disclosure of information about users of the Services. By accessing and using the Services, you agree to the terms of the Privacy Policy and acknowledge and agree that the Privacy Policy forms an integral part of these Terms.

Dealing with Third Parties

Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through the Services, including requests for and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the introduction of such third parties through the Services.

Laws that Govern this Agreement

We control those components of the Services made available through our respective websites from our offices within the state of California in the United States of America. By accessing the Services, you agree that the statutes and laws of the state of California, without regard to choice of laws principles, will apply to all matters relating to use of the Services.

Notwithstanding the foregoing, you may be subject to certain obligations and responsibilities associated with the jurisdiction in which you practice medicine or another health profession. We make no representation as to the legal compliance of the Services or the BoneSmart Content and you are solely responsible for compliance with the laws of your jurisdiction, with respect to your use and misuse of the Services and the BoneSmart Content.

Termination and Modification

You agree that we may, under certain circumstances and without prior notice, discontinue, temporarily or permanently, the Services (or any part thereof) or eliminate your account and remove any User Content that you have made available through the Services, with or without notice, for any of the following reasons (which are not intended to be exclusive): (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Services (or any part thereof), (e) technical or security issues or problems, (f) extended periods of inactivity, and/or (g) your engagement in fraudulent or illegal activities. You agree that all terminations for cause shall be made at our sole discretion, and we shall not be liable to you or any third party for any termination of your account or access to the Services.

Disclaimer

THE BONESMART NETWORK, SERVICES, BONESMART SITES, BONESMART APPS AND BONESMART CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE BONESMART NETWORK, SERVICES, BONESMART SITES, BONESMART APPS AND BONESMART CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY AS TO THE ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES. NO INFORMATION PROVIDED THROUGH THE SERVICES OR BY US IN ORAL OR WRITTEN FORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOUR RELIANCE UPON THE CONTENT OBTAINED OR USED BY YOU THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE BONESMART NETWORK. YOU UNDERSTAND THAT WE DO NOT ASSUME RESPONSIBILITY FOR SCREENING ANY USER OF THE BONESMART NETWORK NOR DO WE VERIFY OR TAKE RESPONSIBILITY FOR USER CONTENT. WE DO NOT PROVIDE MEDICAL ADVICE AND WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC PRODUCTS, PRODUCT USERS, THERAPIES, TESTS, PHYSICIANS, HEALTHCARE PROFESSIONS OR OPINIONS.

Liability

In no event will BoneSmart or any other person or entity involved in creating, developing or delivering the BoneSmart Network, the BoneSmart Sites, the BoneSmart Apps, the Services or the BoneSmart Content be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) arising out of or in connection with these Terms or from the use of or inability to access or use the BoneSmart Network, the BoneSmart Sites, the BoneSmart Apps, the Services or the BoneSmart Content, or from any communications or interactions with other persons with whom you communicate or interact as a result of your use of the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not we, our licensors, our suppliers, or any third parties mentioned with the Services are advised of the possibility of such damages. We, our licensors, our suppliers, or any third parties mentioned within the Services are not liable for any personal injury, including death, caused by your use or misuse of the Services or any information provided through the Services. Any claims arising in connection with your use of the Services must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms. The limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you.

Indemnity

You agree to defend, indemnify, and hold each of us and our respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your access to or use of the BoneSmart Network, the BoneSmart Sites, the BoneSmart Apps, the Services and the BoneSmart Content or your violation of these Terms.

Notice and Take Down Procedures and Copyright Agent

If you believe any materials within the BoneSmart Network infringe your copyright, you may request removal of those materials (or access thereto) by contacting our copyright agent (identified below) and providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.

Our agent for copyright issues relating to this web site is as follows:

BoneSmart LLC
Attn: Office of Privacy
941 West Morse Blvd, #100, PMB 228
Winter Park, FL 32789
web@bonesmart.org

We may terminate the account of any user who we determine is a repeat infringer.

Modifications

We reserve the right, at our sole discretion, to modify, discontinue or terminate any of the Services, the BoneSmart Content or these Terms, at any time and without prior notice. If we modify these Terms in a material way, we will provide notice of such modification within the BoneSmart Network. By continuing to access or use the Services after we have modified these Terms, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you agree to immediately stop using the BoneSmart Network and the Services.

Complete Agreement

Except as expressly provided in a particular “legal notice” on the website, these Terms constitute the entire agreement between you and BoneSmart with respect to your use (and prior use) of the BoneSmart Network and the associated Services and BoneSmart Content.
These Terms constitute the entire and exclusive understanding and agreement between BoneSmart and you regarding the BoneSmart Network and the Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between BoneSmart and you regarding the BoneSmart Network and the Services.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, BoneSmart’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. BoneSmart may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding material modifications to these Terms, will be in a written form and given: (i) by us via email (in each case to the email address included in your Registration Information); or (ii) by posting within the BoneSmart Network. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

No Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Survival

All provisions of these Terms shall survive termination of your BoneSmart Network account except for your license to access and use the Services and the BoneSmart Content.

Contact Us

If you have questions about the Services or these Terms, or you wish to provide feedback, please contact us at web@bonesmart.org. By submitting feedback and suggestions, you grant a non-exclusive, perpetual, irrevocable, and royalty-free license to any intellectual property rights you may have in your feedback and suggestions to us to use or to improve the Services.

BoneSmart® Terms of Use Disclaimer