Términos de Servicio
Introduction
Welcome to the Aero Prosthetics website. These Terms of Service ("Terms") govern your access to and use of the Aero Prosthetics website, including any content, functionality, and services offered on or through the website (the "Website").
Please read these Terms carefully before using our Website. By using the Website, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Website.
These Terms constitute a legally binding agreement between you and Aero Prosthetics regarding your use of the Website. If you are accessing the Website on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
Medical Disclaimer
The content on this Website is provided for general information purposes only. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment. 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 this Website. If you think you may have a medical emergency, call your doctor or emergency services immediately.
The Website may contain health or medical-related materials that are sexually explicit or otherwise offensive. We do not warrant that such materials are accurate, complete, or appropriate for all users.
Aero Prosthetics does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided by Aero Prosthetics, its employees, or others appearing on the Website is solely at your own risk.
HIPAA Compliance and Privacy
As a healthcare provider, Aero Prosthetics is subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations. We are committed to maintaining the privacy and security of your protected health information (PHI) in accordance with HIPAA and other applicable laws.
Any PHI collected through the Website or through our services is handled in accordance with our Privacy Policy and our Notice of Privacy Practices, which is available upon request. By using this Website, you acknowledge that you have read and understand our Privacy Policy, which is incorporated into these Terms by reference.
While we implement appropriate technical and organizational measures to protect your information, no method of transmission over the Internet or electronic storage is 100% secure. By using our Website, you acknowledge this inherent risk.
Telehealth Services
If Aero Prosthetics offers telehealth or remote consultation services through this Website, the following additional terms apply:
- Telehealth services may not be appropriate for all conditions, and in-person consultations may be required in certain circumstances.
- Technical failures may occur during telehealth sessions. If a telehealth session is interrupted due to technical issues, we will attempt to reconnect or reschedule.
- You are responsible for ensuring that you have appropriate technology and internet connectivity to participate in telehealth services.
- Telehealth services are subject to the laws and regulations of the state in which you are located at the time of service, which may differ from the laws and regulations of the state in which our providers are licensed.
- You must provide accurate and complete information about your physical location, identity, and medical condition when using telehealth services.
User Accounts and Security
Certain features of the Website may require you to create an account. When you create an account, you agree to:
- Provide accurate and complete information
- Maintain the security and confidentiality of your account credentials
- Promptly update your account information if it changes
- Notify us immediately of any unauthorized access to your account
- Accept responsibility for all activities that occur under your account
We reserve the right to disable any user account at any time if, in our opinion, you have failed to comply with these Terms or if we suspect unauthorized or fraudulent use of your account.
User Conduct
By using this Website, you agree to:
- Use the Website only for lawful purposes and in accordance with these Terms
- Not use the Website in any way that violates any applicable federal, state, local, or international law or regulation
- Not use the Website to transmit or send unsolicited commercial communications
- Not attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website
- Not attack the Website via a denial-of-service attack or a distributed denial-of-service attack
- Not use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website
- Not introduce any viruses, Trojan horses, worms, logic bombs, or other harmful material to the Website
- Not interfere with the proper functioning of the Website
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Aero Prosthetics, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
- You may store files that are automatically cached by your Web browser for display enhancement purposes
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution
- If we provide social media features with certain content, you may take such actions as are enabled by such features
You must not:
- Modify copies of any materials from this Website
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@aeroprosthetics.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Aero Prosthetics.
Trademarks
The Aero Prosthetics name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Aero Prosthetics or its affiliates or licensors. You must not use such marks without the prior written permission of Aero Prosthetics. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Third-Party Links and Content
The Website may contain links to third-party websites, resources, or services that are not owned or controlled by Aero Prosthetics. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
You acknowledge and agree that Aero Prosthetics shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL AERO PROSTHETICS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless Aero Prosthetics, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms.
Accessibility Statement
Aero Prosthetics is committed to making its Website accessible to all users, including those with disabilities. We strive to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA and other applicable accessibility standards.
If you encounter any accessibility barriers on our Website or need assistance accessing any content, please contact us at info@aeroprosthetics.com. We welcome your feedback and suggestions for improving the accessibility of our Website.
Dispute Resolution
Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Orange County, California, before one arbitrator.
The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction.
This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator may, in the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys' fees of the prevailing party.
YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU AND AERO PROSTHETICS ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in Orange County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver by Aero Prosthetics of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Aero Prosthetics to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Changes to the Terms of Service
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
For material changes that significantly affect your rights or how we use your information, we will provide more prominent notice, such as an email notification or a banner on our Website.
Contact Us
If you have any questions, concerns, or requests regarding these Terms of Service, please contact us at:
Aero Prosthetics
1001 N Weir Canyon Road
Anaheim Hills, CA 92807
Phone: 714-385-1000
Email: info@aeroprosthetics.com
Last Updated: May 15, 2024