Website and SMS Terms and Conditions
WEBSITE TERMS AND CONDITIONS OF USE
1. TERMS OF USE
By accessing the Neurotherapy Center of Nebraska website (www.neurotherapynebraska.com) (the “Website”), you are agreeing to be bound by all terms, conditions, and notices contained or referenced herein (the “Terms of Use”). If you do not agree with any of these Terms of Use, you are prohibited from using or accessing this Website. Please check these Terms of Use periodically for changes. Your continued use of this Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
2. PROPRIETARY RIGHTS
You acknowledge and agree that all content and materials available on this Website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Neurotherapy Center of Nebraska, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Systematic retrieval of data or other content from this Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Neurotherapy Center of Nebraska is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. For information on requesting such permission, please contact our office
3. DISCLAIMER OF WARRANTIES
You acknowledge that the information on the Website is provided “as is” for general information only. It is not intended to provide medical advice, and should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs. Neurotherapy Center of Nebraska makes no warranties of any kind regarding this Website, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, or the computer server that makes them available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed.
4. LIMITATION OF LIABILITY
In no event shall Neurotherapy Center of Nebraska or any of its directors, officers, affiliates, agents or its suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, the Website. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Neurotherapy Center of Nebraska has been advised of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, Neurotherapy Center of Nebraska’s liability in such jurisdictions shall be limited to the extent permitted by law.
5. THIRD PARTY LINKS
Neurotherapy Center of Nebraska may provide links on the Website to other websites that are not under the control of Neurotherapy Center of Nebraska. These links are provided for convenience or reference only and are not intended as an endorsement by Neurotherapy Center of Nebraska of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.
6. INDEMNIFICATION AND FORCE MAJEURE
Neither Neurotherapy Center of Nebraska nor any independent provider/transmitter of information shall be liable in any way, and you agree to indemnify and hold harmless Neurotherapy Center of Nebraska and its subsidiaries, other affiliated companies, the independent providers/transmitters and all employees, contractors, officers, and directors thereof (the “Indemnitees”) for (1) any inaccuracy, error, or delay in, or omission of (a) any information, or (b) the transmission or delivery of information; and (2) any loss or damage arising from or occasioned by (a) your use or misuse of this Website as well as any such inaccuracy, error, delay, or omission, or (b) any non-performance, or interruption of information due either to any negligent act or omission by the Indemnitees.
7. SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and Neurotherapy Center of Nebraska with respect to this Website and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Neurotherapy Center of Nebraska with respect to this Website. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
8. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others, and require that the people who use the Website, or the services or features made available on or through this Website, do the same.
9. TERMINATION
Neurotherapy Center of Nebraska reserves the right, in its sole discretion, to terminate your access to all or part of this Website, with or without notice.
10. INTERNATIONAL USE
Neurotherapy Center of Nebraska makes no representation that materials on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws.
11. SITE TERMS AND CONDITIONS MODIFICATIONS
Neurotherapy Center of Nebraska may revise these terms of use for its Website at any time without notice. By using this Website you are agreeing to be bound by the then current version of these Terms of Use.
12. CHOICE OF LAW AND FORUM
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Nebraska, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Website shall be filed only in the state or federal courts located in the State of Nebraska, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
13. SMS SERVICE
By using SMS services through DaySmart, you agree to be bound by the following terms and conditions:
- Service: Neurotherapy Center of Nebraska SMS service allows you to receive appointment reminders, updates, and other messages related to your treatment. You understand that standard messaging rates and data charges may apply, depending on your mobile carrier plan.
- Opt-In: By providing your mobile number to Neurotherapy Center of Nebraska, you consent to receive SMS messages from us. You can opt-out at any time by texting X to the number you received the message from.
- Neurotherapy Center of Nebraska collects and uses your personal information, including your mobile number, in accordance with our privacy policy. By using our SMS services, you agree to the collection and use of your information as described in the policy.
- Liability: Neurotherapy Center of Nebraska is not responsible for any delay or failure in the delivery of SMS messages, including but not limited to technical malfunctions or network issues. We are also not liable for any loss or damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages, arising from or related to the SMS service.
- Program Description: The use of the app is for patient communication.
