TERMS AND CONDITIONS

ONSIGHT MOVEMENT, LLC www.onsightmovement.com (“OM”) 

EFFECTIVE 20 JULY 2019

 

PLEASE IMMEDIATELY DISCONTINUE USE OF THIS WEBSITE IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS

 

Terms and Conditions of Use of this Website

 

IT IS VERY IMPORTANT THAT YOU READ THESE TERMS AND CONDITIONS VERY CAREFULLY. By accessing, browsing and/or using this website, you accept and agree to be bound by this agreement and the Privacy Policy below (“Terms and Conditions”). If you do not agree to all Terms and Conditions written herein, you may not access or use this website. OM may revise and update the Terms and Conditions from time to time without notice. Your continued use of this website indicates implicit agreement of those changes.

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IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL 9-1-1 TO GET PROMPT MEDICAL ATTENTION. The information on this website is not to be construed as medical advice nor as recommendations nor as a substitute for professional medical advice. You should consult with a physician or other healthcare professional for any healthcare concerns including, without limitation, before you take any prescription or over-the-counter drugs.

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The information provided on this website does not replace the relationship that exists between patients and their physicians or other healthcare professionals. Never disregard your physician’s or other healthcare provider’s advice or delay seeking their advice as a result of anything you have read on this website. All materials and information contained herein is provided “as is” and is for educational purposes only. Reliance on any information provided on this website or otherwise from OM is solely at your own risk. OM periodically changes and updates the information on this website. Some information on this website may be out-of-date at any given time. 

OM does not endorse or guarantee references or sites listed, and no favorable or unfavorable inference should be drawn from our listing or failure to list any resource here. You should direct any questions concerning personal health care to licensed physicians or other appropriate health care professionals.

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OM makes a reasonable effort to include accurate, complete, and current information on this website; however, OM does not guarantee the adequacy, correctness, completeness, accuracy, or reliability of any information on this website, is not responsible for any errors or omissions or for the results obtained from the use of such information, and denounces any obscure warranty or representation about the accuracy or entirety of such information on its websites, or the appropriateness for a particular purpose. As the user of this website, you acknowledge that you are the recipient of this information and therefore you must take full responsibility for how you use the information on this website. You comprehend and agree that OM is neither responsible nor liable for any claim, loss, or damage resulting from this website usage.

 

CONTENT ON THIS SITE IS PROVIDED “AS IS”. OM MAKES NO WARRANTY, EXPRESS OR IMPLIED, AND THERE ARE EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OM DOES NOT REPRESENT OR WARRANT THAT:

1. ANY FUNCTIONS CONTAINED IN ANY OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE;

2. ANY DEFECTS WILL BE CORRECTED; OR

3. THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR WILL NOT BE ACCESSED BY UNAUTHROIZED USERS OR HACKERS ATTEMPTING TO OBTAIN ACCESS TO THIS WEBSITE OR INFORMATION FRANSMITTED TO OR FROM OM’S WEBSITES.

OM assumes no responsibility for any losses, damages, whether direct, indirect, special or consequential, which arise out of the use or misuse of this website howsoever caused, whether such damages arise in contract, tort, negligence, equity, statute or by way of any other legal theory regardless of whether such damages could have been foreseen. The information on this website is subject to change without notice.

 

OM strongly recommends that you not rely upon or follow the exercise programs, recommendations, techniques or use any of the products and services made available by or through the use of this website for decision making without obtaining the advice of a physician or other authorized health care professional. Unless explicitly stated, OM does not endorse or recommend any specific products or services mentioned on this website. The views, beliefs and opinions expressed within this website may not necessarily be those, or reflect those, of OM. This website may contain specific health and medical information, none of which should be implied as specific to your personal medical or health condition. No information, expressed or implied, should be deemed or construed as medical, health or professional advice by OM.

 

The information, products and services made available by or through the use of this website are provided for use by persons who have satisfied themselves as to the appropriateness of its use for themselves after obtaining the advice of a physician or other authorized health care professional. The nutritional and other information on this website is not intended to be and does not constitute healthcare or medical advice and must not be used to make any diagnosis specific to the online user.

 

By your use of this website you acknowledge that you do hereby waive, release and forever discharge OM and its respective heirs, directors, officers, agents, employees, representatives, successors and assigns, administrators, executors, and all others from any and all responsibilities or liability from injuries or damages resulting from or connected with your participation in any exercise programs whether arising from the negligence of OM, its employees, heirs, directors, officers, agents, employees, representatives, successors and assigns, administrators, executors, and other parties involved in the creation, production or delivery of the site, or otherwise.

 

IN NO EVENT SHALL OM, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTAL DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RESULTING FROM ACCESS TO, THE USE OR LOSS/INABILITY OF USE OF THIS WEBSITE OR ANY OTHER WEBSITE LINKED TO THIS WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENT OR CONDUCT OF ANY THIRD PARTY, ANY INFORMATION CONTAINED ON OM’S WEBSITE, ANY INFORMATION, DATA OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON OM’S WEBSITE, ERRORS OR OMMISSIONS IN THE CONTENT HEREOF, OR ANY OTHER MATTER RELATING TO YOUR USE OF OR ACCESS TO OM’s WEBSITE INCLUDING, WITHOUT LIMITATION, LOST BUSINESS, DATA OR PROFITS. LITIGATION AND THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.

YOU HEREBY RELEASE AND FOREVER WAIVE AND DISCHARGE ANY AND ALL CLAIMS AND LIABILITIES YOU MAY HAVE AGAINST OM FROM ANY AND ALL MATTERS RELATING TO YOUR USE OF ITS WEBSITE.

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You shall defend, hold harmless and indemnify OM and its officers, agents, co-branders or other partners, representatives, and employees against any and all claims, liability, damages or judgments, including, but not limited to, reasonable attorneys’ fees, that arise out of any designated individual’s and/or your use of OM’s websites, breach of the terms of this agreement, violation of any rights of another or violation of any applicable state or federal law.

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Accessing this website or use of any of its content or services from locations where such access or use of its content or services is illegal and prohibited. Notwithstanding the laws of the location from which you access this website, you agree that the statutes and laws of the State of Nevada, notwithstanding any principles or conflicts of law, will apply to all matters relating to the use of this website, and you are responsible for compliance with applicable laws, whether federal, state, or local pertaining to your use of OM’s website. You and OM also agree and hereby submit to the exclusive personal jurisdiction of, and venue in, the State Courts of Nevada, and the Federal Court(s) located within Nevada with respect to such matters. If any part of these Terms and Conditions are deemed unlawful, void, or unenforceable, that part will be deemed several and will not affect the validity and enforceability of any remaining provisions.

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Any claim or controversy at law or equity that arises out of the Terms and Conditions, this website or any affiliated website (each a “Claim”), shall be resolved through binding arbitration conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. In such cases, arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.

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Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with these Terms and Conditions. Further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such a party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering into these Terms and Conditions. 

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This website and its contents are protected by copyright, all rights reserved. All works of authorship contained at this site, including, but not limited to, text, images, and their arrangement, are owned by OM (except as otherwise noted). All service/trademarks are owned by or licensed to OM, any other product name or company name mentioned in this site may be a service/trademark of its owner. You may not reproduce, copy, or redistribute the design, layout, or individual elements of this website design without the express written permission of OM. If you have a preexisting agreement with OM, that agreement will specify your rights and obligations regarding the use of OM’s service/trademarks. If you do not have an existing agreement with OM that specifically authorizes such use, then the use, reproduction, copying or redistribution of any OM service/trademark is strictly prohibited without the prior written permission of OM.

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You may download or print a copy of information found on our website for your personal use only. You may not download or print any document or graphic for any other purpose and you may not modify any document before downloading or printing, unless you obtain written permission from the copyright holder(s). 

 

 

 

Privacy Policy Statement

 

OM’s website provides you with the opportunity to voluntarily submit forms and information. In the course of these transactions, you may provide OM with personal demographic information or possibly detailed medical information. A range of security features protects the privacy of any individualized information you provide over OM’s website. During transmission, your privacy is protected by 128-bit encryption security. Other security safeguards are also in place. OM uses physical, electronic, and procedural safeguards to protect any personally identifiable data stored on its computers. Only authorized personnel have access to the information you provide to OM. 

 

OM uses the information you provide solely to respond to your request. As part of fulfilling your request, your information may be shared with other OM employees or independent contractors. All employees and independent contractors of OM sign confidentiality agreements or business associate agreements to ensure compliance and protection of your information.

 

At no time will OM sell, rent, loan, trade or lease any information collected on its website. However, please note that OM may need to use this information with a third-party vendor to perform administrative, technical, or other functions that help OM provide services to you. We seek to hold third-party vendors to the same privacy practices as OM. Personal financial information may also be required to enable OM to bill you for products and/or services you have requested. It is your responsibility to ensure that the information provided by you is complete and accurate.

 

Except as noted above, OM will not release individualized information to another party unless required to do so by government authorities, legal processes, or otherwise required by law.

Any personally-identifiable information collected through the website is not stored on the website, but will go to back-office systems in the same manner that information from paper forms, submissions and phone calls to customer service are handled. The information is used as defined above. As a standard practice, as described below, we collect general statistical information on the content viewed, which is used to help us provide better service to you. 

 

Please note that individualized information transmitted via e-mail correspondence between you and OM – as opposed to transmission over OM’s website - is not encrypted. As a result, such e-mail correspondence may be accessed and viewed by other Internet users without your knowledge and permission while in transit. For that reason, to protect your privacy, if you have concerns about your treatment, or questions that would involve the communication of confidential information, please call OM directly at (702) 277-0193. By submitting a form or message, you consent to receive electronic communications from OM. 

 

Also note that when you visit OM’s website, OM collects certain information that does not identify you personally but provides OM with aggregate “usage data”. This information is used to measure the number of visitors to the different sections of OM’s website and to help OM make its website more useful to its visitors. This information is retained and periodically deleted from the site; no back-up copies are made.

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OM’s website does employ “cookies” to provide visitors with information that is specific to them. A “cookie” is a packet of information sent by a website to a user’s computer, which is then sent back by the computer each time it accesses that website. These cookies do not contain any personally identifiable information, and they cannot be accessed or “read” by any website other than OM’s website.

If you choose, you may block or delete our cookies from your hard drive; however, blocking or deleting cookies may cause some of OM’s website features and functionality to work incorrectly.

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You have the right and ability to exit OM’s  site at any time and not remain in active session. If you choose to remain in session on our site, you implicitly consent to our privacy and security policies. Unauthorized downloading, re-transmission, storage in any medium, copying, redistribution, or republication for any purpose is strictly prohibited without the written permission of OM.

 

HIPAA is the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). HIPAA outlines strict guidelines to ensure the privacy and confidentiality of your protected health information (“PHI”) (personal information, such as your name, phone number, or medical information). These guidelines require that your PHI be used for purposes of treatment, payment and health plan operations, and not for purposes unrelated to health care.  

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OM is always looking to offer expanded features and functions on its website.  As additional features and functions are added, the privacy policy will be updated to correctly represent how information and features are being used. Please check this policy periodically as it is subject to change at any time.

 

If you have any questions about the protection of personal information you have disclosed on OM website or its terms and conditions of use, please send us an e-mail at jennifer@onsightmovement.com so that we can address your questions as quickly and completely as possible.

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