Terms of Use

Effective Date: October 1, 2024

Welcome to the OrthoCare website located at https://getorthocare.com ("Website"). These Terms of Use govern your access to and use of this Website. By accessing or using this Website, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use this Website.

1. Acceptance of Terms

By accessing or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and any applicable laws and regulations. OrthoCare reserves the right to revise or update these Terms of Use at any time without prior notice. Your continued use of the Website after any changes are posted constitutes your acceptance of those changes.

2. No Medical Advice

The content provided on this Website is for general informational and educational purposes only and is not intended to be medical advice, diagnosis, or treatment. Information on this Website should not be relied upon as a substitute for professional medical advice, evaluation, or treatment from a qualified healthcare provider.

Always seek the advice of your physician or another qualified healthcare professional regarding any medical condition or treatment decision. Never disregard professional medical advice or delay seeking treatment because of something you have read on this Website. If you believe you are experiencing a medical emergency, call 911 immediately.

3. No Doctor-Patient Relationship

Your use of this Website, including submitting a contact form, requesting an appointment, sending an email, or otherwise communicating through the Website, does not create a physician-patient relationship between you and OrthoCare or any of its providers. A physician-patient relationship is established only after you have been accepted as a patient and appropriate consent and intake processes have been completed.

4. Website Content and Accuracy

OrthoCare makes reasonable efforts to keep Website content accurate and up to date. However, we do not guarantee that all information on this Website is complete, current, accurate, or error-free. Medical information, services, treatment options, and provider availability may change without notice.

5. Permitted Use

You may use this Website only for lawful, personal, and non-commercial purposes. You agree not to use the Website in any way that could damage, disable, overburden, or impair the Website or interfere with any other party's use of the Website.

6. Prohibited Conduct

You agree not to:

• Use the Website for any unlawful, fraudulent, or unauthorized purpose;
• Attempt to gain unauthorized access to any portion of the Website, server, or related systems;
• Interfere with the operation, security, or functionality of the Website;
• Transmit any malware, viruses, or other harmful code;
• Submit false, inaccurate, or misleading information through contact forms, scheduling requests, or other submission methods;
• Copy, reproduce, distribute, modify, or exploit Website content without prior written permission, except as otherwise permitted by law.

7. Intellectual Property

All content on this Website, including text, graphics, logos, icons, images, videos, designs, and other materials, is the property of OrthoCare or its licensors and is protected by applicable intellectual property laws. Unauthorized use, reproduction, distribution, or display of Website content is prohibited without prior written consent.

8. User Submissions and Communications

If you submit information through this Website, including through contact forms or appointment request forms, you agree to provide accurate and truthful information. Do not send highly sensitive, confidential, or urgent medical information through general website forms unless the form is specifically designated for secure transmission.

By submitting information through the Website, you grant OrthoCare the right to use that information as reasonably necessary to respond to your request, provide services, or operate the Website, subject to our Privacy Policy.

9. Third-Party Links

This Website may contain links to third-party websites or services for your convenience. OrthoCare does not own, control, or endorse third-party websites and is not responsible for their content, accuracy, security, availability, or privacy practices. Your use of any third-party website is at your own risk.

10. No Warranties

This Website and its content are provided on an "as is" and "as available" basis without warranties of any kind, express or implied. To the fullest extent permitted by law, OrthoCare disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.

11. Limitation of Liability

To the fullest extent permitted by law, OrthoCare and its physicians, providers, employees, agents, and affiliates shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to your use of, or inability to use, this Website or any content on the Website. This includes, without limitation, damages arising from errors, omissions, interruptions, delays, loss of data, viruses, or reliance on information contained on the Website.

12. Indemnification

You agree to defend, indemnify, and hold harmless OrthoCare and its physicians, providers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees, arising out of or related to your violation of these Terms of Use or your misuse of the Website.

13. Availability and Changes to the Website

OrthoCare reserves the right to modify, suspend, restrict, or discontinue any part of the Website at any time without notice. We are not liable if all or any portion of the Website is unavailable at any time or for any period.

14. Privacy

Your use of this Website is also subject to our Privacy Policy. Please review our Privacy Policy to understand how we collect, use, and protect information submitted through the Website.

15. Termination or Restriction of Access

OrthoCare reserves the right, in its sole discretion and without notice, to terminate, suspend, or restrict your access to the Website for any reason, including if we believe you have violated these Terms of Use or applicable law.

16. Governing Law and Venue

These Terms of Use are governed by the laws of the State of California, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms of Use or your use of the Website shall be brought exclusively in the state or federal courts located in California, and you consent to the jurisdiction of those courts.

17. Severability

If any provision of these Terms of Use is found to be unlawful, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms of Use, together with any policies referenced herein, constitute the entire agreement between you and OrthoCare regarding your use of the Website.

19. Contact Information

If you have any questions about these Terms of Use, you may contact OrthoCare at legal@getorthocare.com.