Forward Physical Therapy + Performance
WEBSITE TERMS AND CONDITIONS
"Agreement between user and http://www.forwardomaha.com"
Welcome to www.forwardomaha.com. The www.forwardomaha.com website (the “Site”) is comprised of various web pages operated by Forward Physical Therapy and Performance. www.forwardomaha.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.forwardomaha.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.forwardomaha.com is a Human Performance/Fitness Site
Represent Forward Physical Therapy and Performance to allow clients to book appointments and understand the specific treatment skills used by Forward Physical Therapy and Performance employees. The blog section is dedicated to providing non-medical but useful human performance, strength and conditioning, and mobility education.
The use of the information on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any information or services available through this website meet your specific needs.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Privacy
Your use of www.forwardomaha.com is subject to Forward Physical Therapy and Performance’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.forwardomaha.com or sending emails to Forward Physical Therapy and Performance constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.
Forward Physical Therapy and Performance does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.forwardomaha.com only with the permission of a parent or guardian.
Links to third party sites/Third party services
www.forwardomaha.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Forward Physical Therapy and Performance and Forward Physical Therapy and Performance is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Forward Physical Therapy and Performance is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Forward Physical Therapy and Performance of the site or any association with its operators.
Certain services made available via www.forwardomaha.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the www.forwardomaha.com domain, you hereby acknowledge and consent that Forward Physical Therapy and Performance may share such information and data with any third party with whom Forward Physical Therapy and Performance has a contractual relationship to provide the requested product, service or functionality on behalf of www.forwardomaha.com users and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.forwardomaha.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Forward Physical Therapy and Performance that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Forward Physical Therapy and Performance or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Forward Physical Therapy and Performance content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Forward Physical Therapy and Performance and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Forward Physical Therapy and Performance or our licensors except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Forward Physical Therapy and Performance has no obligation to monitor the Communication Services. However, Forward Physical Therapy and Performance reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. Forward Physical Therapy and Performance reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Forward Physical Therapy and Performance reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Forward Physical Therapy and Performance’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Forward Physical Therapy and Performance does not control or endorse the content, messages or information found in any Communication Service and, therefore, Forward Physical Therapy and Performance specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Forward Physical Therapy and Performance spokespersons, and their views do not necessarily reflect those of Forward Physical Therapy and Performance.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to http://www.forwardomaha.com or posted on any Forward Physical Therapy and Performance web page
Forward Physical Therapy and Performance does not claim ownership of the materials you provide to www.forwardomaha.com (including feedback and suggestions) or post, upload, input or submit to any Forward Physical Therapy and Performance Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting Forward Physical Therapy and Performance, our affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Forward Physical Therapy and Performance is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Forward Physical Therapy and Performance’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your Forward Physical Therapy and Performance account to third party accounts. By connecting your Forward Physical Therapy and Performance account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated, and administered by Forward Physical Therapy and Performance from our offices in the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Forward Physical Therapy and Performance Content accessed through www.forwardomaha.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Forward Physical Therapy and Performance, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Forward Physical Therapy and Performance reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Forward Physical Therapy and Performance in asserting any available defenses.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ATHLETES’ POTENTIAL AND/OR THEIR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
FORWARD PHYSICAL THERAPY AND PERFORMANCE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ATHLETES’ POTENTIAL AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ATHLETES’ POTENTIAL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ATHLETES’ POTENTIAL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
Forward Physical Therapy and Performance reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Nebraska and you hereby consent to the exclusive jurisdiction and venue of courts in Nebraska in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Forward Physical Therapy and Performance as a result of this agreement or use of the Site. Forward Physical Therapy and Performance’s performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of Forward Physical Therapy and Performance’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Forward Physical Therapy and Performance with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Forward Physical Therapy and Performance with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Forward Physical Therapy and Performance with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Changes to Terms
Forward Physical Therapy and Performance reserves the right, in its sole discretion, to change the Terms under which www.forwardomaha.com is offered. The most current version of the Terms will supersede all previous versions. Forward Physical Therapy and Performance encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Forward Physical Therapy and Performance welcomes your questions or comments regarding the Terms:
1717 S 58th St. Omaha, NE 68106
Email Address: info@forwardomaha.com
Telephone number: 402-965-1164
Effective as of January 01, 2022