Terms & Conditions
Rehabilitation Resources Repository:Terms of Service
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
These Terms of Service (together with the documents referred to in it) tell you the terms on which you may use (i) the website (resources.relabhs.org) (the “Site”); and (ii) all of the information on the Site (the “Rehabilitation Resources Repository”) and related Rehabilitation Resources Repository services, (collectively, the “Rehabilitation Resources Repository Service”). Use of the Site includes viewing, accessing, browsing, contributing to and downloading content.
In these Terms of Service, “Rehabilitation Resources Repository” refers to the Rehabilitation Resources Repository Site and the Rehabilitation Resources Repository Service.
PLEASE NOTE THAT Rehabilitation Resources Repository IS NOT REGULATED BY THE HEALTH AND CARE PROFESSIONS COUNCIL, OR ANY OTHER REGULATORY BODY OR AGENCY AND IS NOT A PROFESSIONAL BODY OR ASSOCIATION.
By using the Site and the Rehabilitation Resources Repository Service, you signify that you have read, understand and agree to be bound by these Terms of Service whether or not you are a registered Editor of Rehabilitation Resources Repository. Please pay particular attention to the disclaimers set out at Sections 1.6 (No provision of Medical Advice) and 1.7 (General Disclaimer), the warranty and indemnity at section 1.9.5 (User Submissions – personal data, image, video, audio files) and the limitation we place on our liability, set out at Section 1.17.4 (Limitation of Liability) and the indemnities you grant us at section 1.17.2 (Indemnification). Please note that we may update these Terms of Service from time to time as set out in Section 1.4 (Changes to these Terms of Service or the Rehabilitation Resources Repository Service).
Different parts of the Site may have additional terms posted. If there is a conflict between these Terms of Service and the terms posted for a specific area of the Site, the terms for the specific area of the Site will have priority for your use of that area of the Site.
You must be at least 16 years old to use the Rehabilitation Resources Repository Site.
If you have questions regarding these Terms of Service, please contact Rehabilitation Resources Repository at [email protected].
2. OTHER APPLICABLE TERMS
These Terms of Service refer to and incorporate:
3. INFORMATION ABOUT US
The Rehabilitation Resources Repository is managed by Physiopedia Plus Ltd. We are a non-profit company (a private company limited by guarantee, no. 08530802) and a charity registered with the Charity Commission (no. 1173185). Our charitable objects set out the main purpose of the charity and what we hope to achieve, namely to improve health globally by advancing education in relation to rehabilitation and improving access to rehabilitation knowledge. Our registered office is at 7 The Maltings, Cerne Abbas, UK.
4. CHANGES TO THESE TERMS OR THE Rehabilitation Resources Repository SERVICE
Rehabilitation Resources Repository may modify these Terms of Service at any time and without notice, so please review them periodically so that you are aware of any such modification. Your continued use of the Site and the Rehabilitation Resources Repository Service will mean you accept those changes and such changes will therefore be binding upon you.
Rehabilitation Resources Repository reserves the right to modify or terminate the Rehabilitation Resources Repository Service or any Editor account, and to update the Site and change or remove any text, images, videos, graphics and other information, whether provided by Rehabilitation Resources Repository or by its Editors (“Content”) at any time and for any or no reason, without notice and with no liability to you. Content on the Site may be out of date at any given time, and Rehabilitation Resources Repository is not obliged to keep it up to date.
5. ACCESSING THE SITE
Rehabilitation Resources Repository does not guarantee that the Site, or any Content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. Rehabilitation Resources Repository may suspend, withdraw or discontinue or change all or any part of the Site without notice. Rehabilitation Resources Repository will not be liable to you if for any reason the Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms of Service and other applicable terms and conditions and that they comply with them.
6. NO PROVISION OF MEDICAL ADVICE
Rehabilitation Resources Repository DOES NOT PROVIDE MEDICAL ADVICE.
The Content does not constitute medical advice of any kind, and is not intended to be, and should not be, used to diagnose or identify treatment for a medical condition. The Content should never be used in place of the advice of your physician or other medical professional, and your use of Rehabilitation Resources Repository indicates your agreement not to do so. Nothing on the Site or included as part of any project of Rehabilitation Resources Repository, including the Rehabilitation Resources Repository Service, should be construed as an attempt to offer or render a medical opinion or otherwise engage in the practice of medicine. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
Rehabilitation Resources Repository is intended as an educational resource for you to learn about issues relating to rehabilitation. There is absolutely no assurance that any statement contained or cited in the Content touching on medical matters is true, correct, precise, or up-to-date. Even if a statement made about medicine is accurate, it may not apply to you or your symptoms. If you are a patient or suspect that you are suffering from a medical condition, see your doctor for medical advice and diagnosis. If you are affected by any potential health or medical emergency, call your local emergency service immediately.
Rehabilitation Resources Repository does not recommend or endorse any treatment, institution, product, professional, physician, procedure, test, opinion or other information that may be mentioned on Rehabilitation Resources Repository. By using the Rehabilitation Resources Repository Service, you understand and agree that the Content is written and monitored in a collaborative effort by a large community of people that are neither employees of Rehabilitation Resources Repository nor controlled by Rehabilitation Resources Repository and the Content is constantly changing. Rehabilitation Resources Repository does not validate or otherwise endorse the Content, nor does it validate the credentials of the people contributing to the Site.
The Content and the use of the Content by you DOES NOT create a doctor-patient relationship between you and Rehabilitation Resources Repository or any of the Editors or Rehabilitation Resources Repository personnel, or anyone else connected with Rehabilitation Resources Repository in any way whatsoever (“Members of Rehabilitation Resources Repository”).
Information and statements regarding dietary supplements have not been evaluated by the Medicines and Healthcare Products Regulatory Agency, European Medicines Agency or any other regulatory agency or body and are not intended to diagnose, treat, cure, or prevent any disease.
The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.
7. GENERAL DISCLAIMER
YOU USE Rehabilitation Resources Repository AT YOUR OWN RISK. DO NOT RELY UPON ANY INFORMATION FOUND IN Rehabilitation Resources Repository WITHOUT PROFESSIONAL ADVICE.
PLEASE BE AWARE THAT ANY INFORMATION YOU MAY FIND IN Rehabilitation Resources Repository MAY BE INACCURATE, MISLEADING, DANGEROUS, ILLEGAL OR DOES NOT CORRESPOND WITH THE STATE OF KNOWLEDGE IN THE RELEVANT FIELDS.
7.1 No guarantee of validity
The Rehabilitation Resources Repository is an online open-content collaborative database, that is, a association of individuals and groups working to develop a common resource of rehabilitation knowledge. Rehabilitation Resources Repository therefore cannot guarantee the validity of the information provided on the Site and through the Rehabilitation Resources Repository Services. Rehabilitation Resources Repository does not monitor or edit the information provided on the Site and through the Rehabilitation Resources Repository Services and does not take any responsibility for this information. Furthermore, we do not endorse any opinions expressed on the Site or through the Rehabilitation Resources Repository Services and only provides access to this information.
Some information on Rehabilitation Resources Repository may create an unreasonable risk for those users who choose to apply or use the information in their own activities or to promote the information for use by third parties.
The authors may not be qualified to provide you with complete information or to inform you about adequate safety precautions or steps you can take to prevent injury, bodily damage, or other damages to your person, property or reputation. If you need specific advice, please seek a professional licensed or knowledgeable in that area.
None of the Members of Rehabilitation Resources Repository are responsible for your use of the information provided through the Rehabilitation Resources Repository Service and/or contained in or linked from the Site.
7.2 No contract; no license
Content provided by Rehabilitation Resources Repository is provided freely, and no agreement or contract is created between you and Rehabilitation Resources Repository, the owners or users of the Site, the owners of the servers upon which it is housed, the Members of Rehabilitation Resources Repository, or anyone else who is in any way connected with this project subject to your claims against them directly.
You may not use content from the Site unless you obtain permission from us or its owner, or unless you are otherwise permitted by law.
7.3 Trade marks
Any of the trade marks, service marks, collective marks, design rights or similar rights that are mentioned, used or cited in the articles on Rehabilitation Resources Repository are the property of their respective owners. Their use on the Site does not imply that you may use them for any other purpose. Unless otherwise stated the Site and Rehabilitation Resources Repository are neither endorsed nor affiliated with any of the holders of any such rights and as such Rehabilitation Resources Repository cannot grant any rights to use any otherwise protected materials. Your use of any such or similar incorporeal property is at your own risk.
7.4 Personality rights
Rehabilitation Resources Repository may contain material which may portray an identifiable person who is alive or deceased recently. The use of images of living or recently deceased individuals is, in some jurisdictions, restricted by laws pertaining to personality rights, independent from their copyright status. Before using these types of content, please ensure that you have the right to use it under the laws which apply in the circumstances of your intended use. You are solely responsible for ensuring that you do not infringe someone else’s personality rights.
7.5 Grant of rights
You grant Rehabilitation Resources Repository and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site, for example, to analyse website traffic. Rehabilitation Resources Repository cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using Rehabilitation Resources Repository tools and services.
7.6 Jurisdiction and legality of content
Publication of information found in Rehabilitation Resources Repository may be in violation of the laws of the country or jurisdiction from where you are viewing this information. The Rehabilitation Resources Repository database is stored on a server in the United Kingdom, and is maintained in reference to the protections afforded under English law. Laws in your country or jurisdiction may not protect or allow the same kinds of speech or distribution. Rehabilitation Resources Repository does not encourage the violation of any laws; and cannot be responsible for any violations of such laws, should you link to this domain or use, reproduce, or republish the information contained herein.
8. Rehabilitation Resources Repository CONTENT
The Content, the Site and any associated software, and all Intellectual Property Rights (as defined below) related thereto, are the exclusive property of Rehabilitation Resources Repository and its licensors. Except as explicitly provided herein, nothing in these Terms of Service shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Content except as expressly provided herein.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction, relating to the Content.
8.1 Rehabilitation Resources Repository’s License to You
Subject to your compliance with these Terms of Service, Rehabilitation Resources Repository grants free access to the Content of Rehabilitation Resources Repository.
If you violate any of these Terms of Service, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
8.2 Links to Rehabilitation Resources Repository Content
Subject to your compliance with these Terms of Service, Rehabilitation Resources Repository hereby grants you a restricted, non-exclusive, and revocable license to use hyperlinks or otherwise refer to the Content (collectively, a “Link”), provided that:
links may not suggest or imply in any way that Rehabilitation Resources Repository promotes, sanctions or otherwise approves any website, organisation, individual, product, service or information;
you do not misrepresent the Site, the Rehabilitation Resources Repository Service or your relationship with Rehabilitation Resources Repository; and
you may not include a Link on any website that that could be construed as, or that a reasonable person may consider obscene, offensive, or inappropriate. Rehabilitation Resources Repository reserves the right to require you to remove any Link at any time in Rehabilitation Resources Repository’s sole discretion.
9. PROHIBITED ACTS
In consideration of being allowed to use the Site and the Rehabilitation Resources Repository Service, you agree that you shall not:
use the Site or the Rehabilitation Resources Repository Service for any purpose in violation of local, state, national, or international laws;
post material that infringes the Intellectual Property Rights of others or on the privacy or publicity rights of others;
post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Rehabilitation Resources Repository in its sole discretion;
post advertisements or solicitations of business;
after receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
post chain letters or pyramid schemes;
impersonate another person;
distribute viruses or other harmful computer code;
harvest or otherwise collect information about others, including email addresses, without their consent;
allow any other person or entity to use your identification for posting or viewing comments;
post the same note more than once or undertake “spamming”; or
engage in any other conduct that restricts or inhibits any other person from using or enjoying any of the Rehabilitation Resources Repository Service and/or the Site, or which, in the judgment of Rehabilitation Resources Repository, exposes Rehabilitation Resources Repository or any of its customers or suppliers to any liability or detriment of any type.
Rehabilitation Resources Repository reserves the right (but is not obligated) to do any or all of the following:
investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s);
remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Service; and
terminate a user’s access to any of the Rehabilitation Resources Repository Service and/or the Site upon any breach of these Terms of Service, including the above restrictions.
Rehabilitation Resources Repository or its licensors have no liability or responsibility to users of the Rehabilitation Resources Repository Service or any other person or entity for performance or non-performance of the aforementioned activities.
10. PROHIBITED CONTENT ON Rehabilitation Resources Repository
Prohibited content includes content that:
is offensive or promotes racism, hatred or physical harm of any kind against any group or individual;
bullies, harasses or advocates stalking, bullying, or harassment of another person;
involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, or “spamming,”
is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
infringes another person’s content without a license to do so, whether or not the Intellectual Property Right is registered (or filed for registration) in any country;
promotes, copies, performs or distributes an illegal or unauthorized copy of another person’s work, whether it is protected by copyright or trade secret law, or not, such as, without limitation, presenting the work of a third party as your own (plagiarism), providing stolen or illegally obtained content, providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies;
is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18);
provides instructional information about illegal activities such as, without limitation, making or buying illegal weapons or substances, violating someone’s privacy, or providing or creating computer viruses and other harmful code;
solicits passwords or personally identifying information for commercial or unlawful purposes from users of the Site or the Rehabilitation Resources Repository Service;
attempts to impersonate another user or individual, or uses the username of another user or individual;
with the intent to deceive or mislead, submits content to Rehabilitation Resources Repository that is false, inaccurate or misleading;
except as expressly approved in writing by Rehabilitation Resources Repository, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes;
contains viruses, Trojan horses, worms, time bombs, corrupted files, or similar software;
constitutes, promotes, or is used primarily for the purpose of dealing in: counterfeit goods, items subject to embargo, illegal drugs and paraphernalia, stolen products and items used for theft, unlicensed trade or dealing in stocks or securities, gambling items, professional services regulated by state licensing regimes or non-transferable items; or
engages in any other conduct that restricts or inhibits any other person from using or enjoying the Site, the Rehabilitation Resources Repository Services, or which, in the judgment of Rehabilitation Resources Repository, exposes or may expose Rehabilitation Resources Repository, any of its licensors, Members of Rehabilitation Resources Repository or suppliers, or any visitors to the Site to any liability or detriment of any type;
using the services in a manner that is inconsistent with applicable law, collectively “Prohibited Content”.
11. GEOGRAPHIC DISCLAIMER
Publication of information found in Rehabilitation Resources Repository may be in violation of the laws of the country or jurisdiction from where you are viewing this information.
The Rehabilitation Resources Repository database is stored on a server in the United Kingdom, and is maintained in reference to the protections afforded under the laws of England and Wales. Laws in your country or jurisdiction may not protect or allow the same kinds of speech or distribution. Rehabilitation Resources Repository does not encourage the violation of any laws; and cannot be responsible for any violations of such laws, should you link to this domain or use, reproduce, or republish the information contained herein.
Access to the Site and content may not be legal for some persons or in some countries outside England and Wales. If you access and use Rehabilitation Resources Repository and the Content from outside of England and Wales, you do so at your own risk and are solely responsible for obeying the applicable laws and regulations in your location.
12. THIRD PARTY WEBSITES
Where the Site contains links or other references to third party websites and resources provided by third parties, these links and references are provided for your information only. Rehabilitation Resources Repository has no control over the content of those websites or resources and assumes no responsibility for the content of such websites and resources or make any representations as to their content or accuracy.
Rehabilitation Resources Repository also may select certain sites as priority responses to search terms you enter and Rehabilitation Resources Repository may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content.
Rehabilitation Resources Repository does not endorse any product, service, or treatment advertised on the Site and does not endorse the content on any third party websites. Rehabilitation Resources Repository assumes no responsibility for the content or privacy policies of any such Web sites and does not make any representations regarding their content or accuracy.
Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. By using the Site, you expressly relieve Rehabilitation Resources Repository from any and all liability arising from your use of any third party website.
13. VIOLATIONS OF THESE TERMS OF SERVICE
Any use of the Rehabilitation Resources Repository Service in violation of these Terms of Service may result in, among other things, termination of your rights to use the Site and the licenses granted in these Terms of Service. To cooperate with legitimate legal requests, subpoenas or court orders, Rehabilitation Resources Repository may access and disclose any information and content Rehabilitation Resources Repository considers necessary, including any and all information such as full names, e-mail addresses, content, IP address, use history, etc.
Rehabilitation Resources Repository has the right (but not the obligation) to review any content and delete or change content that violates this Agreement or which is Prohibited Content, or may otherwise violate the rights, harm, or threaten the safety of any other person, or create liability for Rehabilitation Resources Repository, as determined by Rehabilitation Resources Repository in its sole discretion. Rehabilitation Resources Repository reserves the right (but has no obligation) to investigate and take appropriate action if you violate these Terms of Service, including without limitation removing or modifying Content, terminating your account, reporting you to law enforcement authorities or taking legal action against you.
14. COPYRIGHT VIOLATIONS
Rehabilitation Resources Repository will respond to notices of alleged copyright infringement that comply with applicable law. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated by any Rehabilitation Resources Repository Content and you want Rehabilitation Resources Repository to remove such Content from the Site, you must provide Rehabilitation Resources Repository with the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
Identification of the copyright work claimed to have been infringed, or, if multiple copyright works are covered by a single notification, a representative list of such works. 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 is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
Information reasonably sufficient to permit Rehabilitation Resources Repository to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For this notification to be effective, you must provide it to Rehabilitation Resources Repository’s designated agent at: Rehabilitation Resources Repository, 7 The Maltings, Cerne Abbas, United Kingdom; or in digital format to [email protected].
In an effort to protect the rights of copyright owners, Rehabilitation Resources Repository maintains a policy for the termination, in appropriate circumstances, of Editors of the Site who are repeat infringers.
Please take all steps necessary to ascertain that any information you receive from Rehabilitation Resources Repository is correct and has been verified. Check the references at the end of the article. Read the article’s talk page and revision history to see if there are any outstanding disputes over the contents of the article. Double-check information with independent sources.
15. RELEASE; INDEMNIFICATION; DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES AND SOLE REMEDY
As a condition of access to the Site and the Rehabilitation Resources Repository Service, you release Rehabilitation Resources Repository (and Rehabilitation Resources Repository’s stockholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensors and distributors) from claims, demands and damages (actual and consequential) of every kind and nature (including but not limited to those arising out of bodily injury or death), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with (i) any communication with any third party on the Site, (ii) your use of any Content, including any incorrect, misleading or inaccurate Content, or (ii) the conduct of any Editor or visitor to the Site.
You agree to indemnify and hold Rehabilitation Resources Repository and its parent, subsidiaries, affiliates, suppliers, partners and licensors, and their employees, officers, directors and agents harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Site or the Rehabilitation Resources Repository Service, any content you submit or otherwise make available through the Site or the Rehabilitation Resources Repository Service, your use or distribution of any Rehabilitation Resources Repository Content, or your violation of these Terms of Service or of any rights of a third party.
You agree to provide the indemnities stated at section 1.9.5 of these Terms of Service.
15.3 Disclaimer of Warranties
When using the Site and Rehabilitation Resources Repository Service, information will be transmitted over a medium that may be beyond the control and jurisdiction of Rehabilitation Resources Repository and its suppliers. Accordingly, Rehabilitation Resources Repository assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site and the Rehabilitation Resources Repository Service.
USE of the Rehabilitation Resources Repository service is at your discretion and at your own risk. The Rehabilitation Resources Repository service, content, other information and software ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, and to the extent permitted by law, without representation or warranties of any kind, whether express, implied or statutory. To the extent permitted by law, Rehabilitation Resources Repository and its licensors do not warrant that the Rehabilitation Resources Repository service will meet your requirements; that the quality of any content will be acceptable; that the results from the use of the Rehabilitation Resources Repository Service will be accurate or reliable; or that the Site will be available on a regular ongoing basis. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
Rehabilitation Resources Repository DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, INFORMATION OR ADVICE RECEIVED THROUGH, ADVERTISED OR OFFERED BY ANY PARTY THROUGH THE Rehabilitation Resources Repository SERVICE OR ANY LINKS INCLUDED IN THE Rehabilitation Resources Repository SERVICE.
Without limiting the foregoing, Rehabilitation Resources Repository, its licensors, and its suppliers make no representations or warranties about the following: The accuracy, reliability, completeness, currency, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Rehabilitation Resources Repository Service or Rehabilitation Resources Repository.
The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Site.
15.4 Limitation of Liability
IN NO EVENT SHALL Rehabilitation Resources Repository, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM YOUR USE, MISUSE OR RELIANCE UPON ANY Rehabilitation Resources Repository SERVICE OR DAMAGES RELATED TO OTHER SERVICES, GOODS, INFORMATION OR ADVICE RECEIVED THROUGH Rehabilitation Resources Repository, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF Rehabilitation Resources Repository, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
15.5 Sole Remedy
IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF USE OF THE SITE OR THE Rehabilitation Resources Repository SERVICE OR THESE TERMS OF SERVICE, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF SITE AND THE Rehabilitation Resources Repository SERVICE.
You acknowledge and agree that Rehabilitation Resources Repository may, without notice and for any reason, including but not limited to any violation of these Terms, terminate your Rehabilitation Resources Repository account, any related email address, and your access to the Site and the Rehabilitation Resources Repository Service.
17. MISCELLANEOUS PROVISIONS
You agree that:
you expressly agree that exclusive jurisdiction for any dispute with Rehabilitation Resources Repository, or in any way relating to your use of Site and/or the Rehabilitation Resources Repository Service, resides in the courts located within England and you further agree and expressly consent to the exercise of personal jurisdiction in the courts located within the England in connection with any such dispute including any claim involving Rehabilitation Resources Repository or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
if any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect; and
no waiver of any provision of these Terms of Service shall be deemed a further or continuing waiver of such provision or any other provision, and Rehabilitation Resources Repository’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.