About United Rehabs

MEMBER TERMS

Becoming a Member is easy and if you’ve reached this point then you’ve accepted our Terms of Use. These additional terms and conditions for Members (these "Terms") are an extra part of the Terms of Use that apply specifically to Members who subscribe for services through www.unitedrehabs.com (the "Website"). You must agree to them before you can become a Member. These Terms govern the relationships, rights and obligations of Members using our online services with the Website (collectively, the “Service”). You agree to offer your services in your Member Profile to Visitors on the basis stated in the Terms of Use and these Terms.

Use of the term ‘you’ and ‘your’ in these Terms refers to you, the Member. All other words defined or explained in the Terms of Use have the same meaning here. If there’s any inconsistency between these Terms and what is in the Terms of Use, these Terms prevail. United Rehabs reserves the right to modify these Terms and will provide notice of these changes as described below. You should also carefully review our Privacy Policy before placing an order for services through this Website.

  1. Order Acceptance and Limited License. You agree that your order is an offer to subscribe to, under these Terms, the Services in your order. All orders must be accepted by us or we will not be obligated to license the Services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. Subject to these Terms, you are granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. United Rehabs reserves all rights not granted in the Service. United Rehabs may terminate this license for any reason or no reason.

  2. Member Profiles.

    1. Your account on the Service (your “Member Profile”) gives you access to the services and functionality we may establish and maintain from time to time and in our sole discretion. We may maintain different Member Profiles for different Members. If you open a Member Profile on behalf of a company, organization, or other entity, then: (i) “you” includes you and that entity; and (ii) you represent and warrant you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. By connecting to the Website with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

    2. When creating your Member Profile, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your Member Profile, and you must keep your Member Profile password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your Member Profile. You must notify us immediately of any breach of security or unauthorized use of your Member Profile. United Rehabs will not be liable for any losses caused by any unauthorized use of your Member Profile.

    3. You may control your Member Profile and how you interact with the Service by changing the settings in your Member Profile. By providing us your email address you consent to our using the email address to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. With your consent, we may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by clicking on the unsubscribe link on the bottom of our emails or by emailing us at [email protected] Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

    4. To the extent applicable to your use of the Service, you will comply with the CAN SPAM Act of 2003, the Telephone Consumer Protection Act (47 U.S.C. §227), the Do-Not-Call Implementation Act and the Do-Not-Call list registry rules (http://www.donotcall.gov), the Telemarketing Sales Rule, 47 C.F.R. § 64.1200 et seq, and all other state or local laws, rules, regulations, and guidelines relating to calling or texting, including without limitation, rules, regulations and guidelines set forth by the Federal Trade Commission and the Federal Communications Commission (collectively, the “Calling Laws”). You agree that, as between the parties, you are the initiator of any call, SMS/MMS message, or other communication transmitted through the Service and for all content relating to, inducing, or encouraging calls, SM/MMS messages or other communications to take place. United Rehabs is not responsible for reviewing the contents of any communication transmitted through the Services or transmitted by you related to your use of the Service, nor is it responsible for obtaining any necessary consents or permissions from the message recipients.

    5. It is solely the responsibility of Members to ensure that any information or advertisements they post or place on the Website (including without limitation any Member Profile), and any communications they may have with Visitors through the Services, fully complies with all applicable laws and rules of professional conduct, including those regulating the form, manner or content of communications with clients, advertising, or other matters.

  3. No Warranty.

    1. The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from United Rehabs or through the Service will create any warranty not stated. Without limiting the foregoing, United Rehabs, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.

    2. Further, United Rehabs does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by Members or any third party through the Service or any hyperlinked website or service, and United Rehabs will not be a party to or monitor any transaction between you and Visitors or third-party providers of products or services.

    3. Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under these Terms will not apply to the extent prohibited by applicable law.

  4. Limitation of Liability.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICES OR $100, WHICHEVER IS GREATER.

  1. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy at https://unitedrehabs.com/privacy , governs the processing of all personal data collected from you for your purchase of services through the Website.

  2. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

  3. Governing Law. All matters arising out of or relating to these Terms are governed by and construed under the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.

  4. Mandatory Arbitration and Dispute Resolution.

PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.

    1. We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. You may send us the details of your concern to [email protected] However, if United Rehabs cannot informally resolve your complaint, you and United Rehabs agree to individual binding arbitration under JAMS Alternative Dispute resolution (“JAMS”) and the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. The arbitration will be conducted under the JAMS Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes and the arbitrator’s decision will be final except for a limited right of review under the FAA. The following applies to any arbitration proceedings between you and United Rehabs:

      1. Before moving an unresolved informal dispute into arbitration, you must first send us a Notice of Dispute describing the claim or dispute and the specific relief sought. This notice may be sent via email or U.S. mail to: [email protected] or United Rehabs , Attention General Counsel, [INSERT ADDRESS].

      2. Any arbitration must be commenced by filing a demand for arbitration with JAMS within ONE (1) YEAR from when it first could be filed. Otherwise, it is permanently barred. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

      3. Whenever feasible, the arbitration will be held telephonically unless the arbitrator finds good cause to hold an in-person hearing instead. You may choose the location of any in-person hearing from either your county of residence; or, if you are a business, the county of your principal place of business; or, United Rehabs’ principal place of business in San Diego, CA.

      4. The enforcement of the arbitrator’s award will be controlled by and conducted in conformity with the FAA. Judgment upon any award may be entered in any court holding jurisdiction.

    2. Notwithstanding our agreement to arbitrate disputes, these EXCEPTIONS will apply to the resolution of disputes between us:

      1. Small Claims Court. If the claim qualifies, either you or United Rehabs may sue in small claims court in San Diego, CA. Any small claims court action must be filed within one year from when it first could be filed. Otherwise, the claim is permanently barred.

      2. Injunctive relief. United Rehabs may sue you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Services, or any intellectual property infringement. In these instances, United Rehabs may seek injunctive relief without first engaging in the informal dispute resolution or arbitration process, as described above in these Terms.

      3. Disputes not Covered by Arbitration. If arbitration is found to be inapplicable or unenforceable for any reason, or if you exercise the option to opt-out of arbitration as provided below, the claim at issue will be brought under judicial proceedings in federal or state courts in San Diego County, CA and you and United Rehabs consent to personal jurisdiction and exclusive venue in such courts.

      4. Option to Opt Out of Arbitration. You may opt out of this agreement to arbitrate. If you do so, neither you nor United Rehabs can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within 30 days of the date you first became subject to the arbitration provision in these Terms. To opt out you must send us a clear statement you want to opt out of arbitration, with your name, residence or business address, and the email address associated with your account to: [email protected].

    3. NO CLASS ACTIONS: You may only bring individual claims. Under no circumstances are you allowed to bring a claim as a plaintiff or a class member in a class. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceedings where someone acts in a representative capacity are not allowed. Any combining of individual proceedings must have the consent of all parties.

    4. Special Terms for New Jersey. If you are a consumer residing in New Jersey, these provisions of these Terms do not apply to you (and limit no rights that you may have) if they are unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act; (b) the limitation on liability for lost profits or loss or misuse of any data (to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability or any other theory (to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act; (d) the requirement you indemnify United Rehabs (to the extent such indemnity is prohibited under New Jersey law); and (e) the California governing law provision (if your rights as a consumer residing in New Jersey must be governed by New Jersey law).

  1. Assignment. You will assign none of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

  2. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of United Rehabs.

  3. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.

  4. Notices.

    1. To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) posting to the Website. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. You will keep your e-mail address current.

    2. To Us. To give us notice under these Terms, you must contact us: (i) by facsimile transmission to [FAX NUMBER]; or (ii) by personal delivery, overnight courier or registered or certified mail to [ADDRESS]. We may update the facsimile number or address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

  5. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

  6. Entire Agreement. Our Ordering Document, these Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters in these Terms.