Terms & Conditions

 

Welcome to Parabolic Performance & Rehab, www.goparabolic.com (“Parabolic Performance”). This website (the “Site”) is comprised of various web pages operated by Parabolic Performance and its subsidiaries. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).

This page tells you the Terms and Conditions on which you as a registered user may make use of our Site and services. Your use of the Site constitutes your agreement to all such terms. Please read these terms carefully, and keep a copy of them for your reference. Parabolic Performance operates five state-of-the-art facilities, which offer a unique combination of sports physical therapy and performance training to suit the needs of professional athletes as well as those recovering from injuries or surgery. Your use of the Site is subject to Parabolic Performance’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Access to Our Website

Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide without notice. We will not, and neither will any of our partners, be liable if for any reason our Site is unavailable at any time or for any period. We are in compliance with the requirements of the Children’s Online Privacy Protection Act and we do not collect any information from anyone under 13 years of age. Our website,

products and services are all directed to people who are at least 13 years old or older. As a condition of Parabolic Performance providing the Site and services available on it to you, you confirm that you will use the Site and the services available for your personal, non-commercial use only.

Electronic Communications

Visiting the Site or sending emails to Parabolic Performance constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Disclaimer

Although every effort has been made to provide complete and accurate information, Parabolic Performance makes no warranties, express or implied, or representations as to the accuracy of content on this website or on its social networks. Parabolic Performance assumes no liability or responsibility for any errors or omissions the operation of, or the information contained on its website or social networks. This website contains general information about medical conditions and treatments. The information is not advice, and should not be treated as such. By using the Parabolic Performance website or its social networks, you assume all risks associated with the use of this site including any risk of your computer, software or data being damaged by a virus, software, or any other files which might be transmitted or activated via the Parabolic Performance website or its social networks. Parabolic Performance expressly disclaims any liability for any special, incidental, or consequential damages, including without limitation, lost revenues, or lost profits, resulting from the use or misuse of the information contained in the website or its social networks.

No Medical Advice Given.

In particular, any medical or drug information available through this website is for informational purposes only. This information is not intended to be used, and you should not use it as a substitute, for obtaining professional medical advice, diagnosis, or treatment. You should always seek the advice of your physician, a pharmacist, or other qualified health provider for the diagnosis and treatment of any medical condition, if you have questions about a medical condition or for information about any drugs you are taking or that you intend to take. You should never disregard professional medical advice

or delay seeking medical advice or treatment because of something that you have read on this website.

Professional Assistance

You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare provider. If you have any specific questions about any medical matter you should consult your doctor or other professional healthcare provider. If you think you may be suffering from any medical condition you should seek medical attention immediately. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this website.

Limitation of Warranties

The information on this website is provided ‘as is’ without any representations or warranties, express or implied. Parabolic Performance makes no representations or warranties in relation to the medical information on this website. Without prejudice to the generality of the foregoing paragraph,

Parabolic Performance does not warrant that:

The information on this website will be constantly available, or available at all.

The information on this website is complete, true, accurate, up-to-date, or non-misleading.

Prohibited Uses

Use of the Site is limited to the permitted uses expressly authorized by Parabolic Performance. The Site shall not be used in any way that:

• harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
• is unlawful, fraudulent, or deceptive;
• uses technology or other means to access unauthorized content or non-public spaces;
• uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces;
• attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• attempts to damage, disable, overburden, or impair Parabolic Performance servers or networks;
• attempts to gain unauthorized access to a Parabolic Performance computer network;
• encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
• violates these Site Terms in any manner; or fails to comply with applicable third-party terms and conditions or other third-party policies.

Intellectual Property Rights

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Parabolic Performance that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s

use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Parabolic Performance or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices; legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Parabolic Performance content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Parabolic Performance and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Parabolic Performance or our licensors except as expressly authorized by these Terms.

Limitations of Liability

The material displayed on our Site and any content you may access or download is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, Parabolic Performance, our partners and third parties connected to us hereby expressly exclude:

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including, but not limited to, any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, or loss of data.

PARABOLIC PERFORMANCE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ARCHES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

International Users

The Service is controlled, operated and administered by Parabolic Performance from our offices within the United States of America. If you access the Service from a location outside the United States of America, you are responsible for compliance with all local laws. You agree that you will not use the Parabolic Performance Content accessed through www.goparabolic.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Parabolic Performance, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Parabolic Performance reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Parabolic Performance in asserting any available defenses.

Jurisdiction and Applicable Law

To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey, without regard to New Jersey’s conflict of laws rules. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Entire Agreement

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Parabolic Performance with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Parabolic Performance with respect to the Site.

Changes to Terms

Parabolic Performance reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Parabolic Performance encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Parabolic Performance welcomes your questions or comments regarding the Terms:

Parabolic Performance & Rehab

15 Bloomfield Ave

Montclair, NJ 07042

Email Address:

[email protected]

Telephone number:

973-744-2770

Effective as of March 15, 2017.