SIDELINE SURGEONS
TERMS OF USE
Last revised October 1, 2024
These terms and conditions of use (“Terms of Use” or “Terms”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Sideline Surgeons, LLC (“Sideline Surgeons,” “we,” “us,” or “our”), including the www.sidelinesurgeons.com website (collectively, the “Site”), as well as the Services available to users through the Site (defined below). The terms “you” and “your” refer to you as a visitor to our Site or user of our Services.
If you create a Sideline Surgeons Account or use the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms on such individual’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that individual or entity).
Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the Site and Services. By clicking “accept”, you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms of Use and our Privacy Policy. If you do not agree to be bound by these terms, you are not authorized to access or use this Site or Services; promptly exit this Site.
IMPORTANT: PLEASE CAREFULLY REVIEW THE ARBITRATION NOTICE AND CLASS ACTION WAIVER INCLUDED HEREIN, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES BETWEEN YOU AND SIDELINE SURGEONS BY BINDING, INDIVIDUAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND SIDELINE SURGEONS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST SIDELINE SURGEONS. BY ENTERING THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, ALL OF THESE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Sideline Surgeons reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of this Site after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this website so that you may be aware of any changes to these Terms.
NOTE: If you are a Treating Physician (as that term is defined in these Terms), your use of Sideline Surgeons’ Services is also subject to the Terms of Use for Treating Physicians, which is incorporated by reference herein.
PRIVACY POLICY
You agree that information provided by you or collected from you in connection with the Services and Site shall be governed by the Sideline Surgeons Privacy Policy, which is hereby incorporated and made a part of this agreement.
OVERVIEW OF SERVICES
Sideline Surgeons contracts with third party specialist physicians and medical groups (the “Consulting Physicians”) to provide professional medical consultations to athletic team physicians and medical staff (“Team Physicians”) or other treating physicians of independent athletes (collectively, with Team Physicians, the “Treating Physicians”) relating to injury status and treatment options. For purposes of clarity, the professional services are provided by the third party Consulting Physicians and not Sideline Surgeons. Rather, Sideline Surgeons offers an online communication platform (the “Services”) through which: (1) patients (“Patients”), Patients’ parents/legal guardians, Patients’ sports agents or parents/legal guardians (“Agents”), Patients’ sports team authorized representatives (“Team Reps”) and Team Physicians, authorized college or university representatives (“Collegiate Reps”), and Treating Physicians may search through our network of qualified Consulting Physicians; (2) Patients (or Treating Physicians, Agents, Team Reps, or Collegiate Reps on behalf of Patients) may arrange for a professional medical consultation between the Consulting Physician(s) and the Treating Physician; and (3) Consulting Physicians and Treating Physicians may connect using Sideline Surgeons’ platform. Parents/legal guardians of minor Patients, Agents, Team Reps, and Collegiate Reps are collectively referred to in this policy as “Patient Representatives.”
For purposes of clarity, though Patients and Patient Representatives may search for a Consulting Physician on Sideline Surgeons’ platform and request a consultation between the Treating Physician and Consulting Physician, Consulting Physicians will communicate only with the Treating Physician of a Patient. In other words, no medical advice or telehealth services are provided to Patients via the platform.
Consulting Physicians may, upon the request of a Patient or Treating Physician, share Patient information with other Consulting Physicians on the platform for treatment purposes.
To help Patients, Patient Representatives, and/or Treating Physicians find Consulting Physicians who may be suitable for a consultation with the Patient’s Treating Physician, and to enable the maximum choice and diversity of Consulting Physicians participating in the Services, we will provide lists and/or profiles of Consulting Physicians. Any search results are based on information provided to us pertaining to the Patient, such as healthcare specialty and/or services of the specific Consulting Physicians. The search results may also be partially based on other criteria (including, for example, Consulting Physician availability and past experiences of Sideline Surgeons users with Consulting Physicians). Please note that there may be other medical providers who meet your search criteria but are not available through Sideline Surgeons’ Services.
Indeed, Sideline Surgeons’ lists of Consulting Physicians are not exhaustive. Sideline Surgeons selectively partners with reputable specialist physicians with ample expertise and experience working with athletes. Physicians must agree to offer consultations through the Services, and provide their appointment availability, if any, to advertise on the Site, and may also choose to set a maximum amount of time that they want to spend on consultations booked through the Site. Consulting Physicians listed through the Services enter into contracts with us. If a consultation is booked with a Consulting Physician through the Services, Sideline Surgeons may receive a commission.
If you are a Patient user of the Services, you acknowledge and agree that responsibility for your overall care lies with your Treating Physician. Patients, through discussions with their Treating Physicians, are responsible for making their own decisions related to their health care. Sideline Surgeons is not responsible for any health-related outcomes stemming from decisions made by Patients and/or their Treating Physicians based in whole or in part on guidance from any Consulting Physician. While Sideline Surgeons takes certain steps to ensure the Consulting Physicians are licensed and in good standing and not excluded from participation in Federal health care programs, Sideline Surgeons makes no representations or warranties with respect to these Consulting Physicians or the quality of services they provide. Further, Sideline Surgeons (a) does not employ, refer, recommend, or endorse any Consulting Physicians, (b) is not responsible for ensuring that information (including credentials) a Consulting Physician provides about himself or herself is accurate or up-to-date, (c) is not responsible for making sure that Consulting Physicians’ services are actually provided or are up to a certain standard of quality, and (d) does not receive any additional fees from Consulting Physicians for featuring them higher or in a better placement on lists through the Services.
Further, Sideline Surgeons encourages Consulting Physicians to use the Services responsibly, but we have no control over, and cannot guarantee the availability of, any Consulting Physician at any particular time. We will not be liable for canceled or otherwise unfulfilled consultations, or any injury or loss resulting therefrom, or for any other injury or loss resulting or arising from, or related to, the use of the Services whatsoever.
It is possible that a Patient, through discussions with the Patient’s Treating Physician, will decide to schedule a surgery or other procedure with a Consulting Physician. For purposes of clarity, Sideline Surgeons’ involvement in any such arrangement ends when the requested consultation between the Consulting Physician and Treating Physician is completed and payment for such consultation is received. Any clinical services provided by a Consulting Physician to a Patient—whether in person or via telehealth—is outside the scope of Sideline Surgeons’ arrangement and Sideline Surgeons shall have no liability for any adverse outcomes stemming from such clinical services.
SIDELINE SURGEONS DOES NOT PROVIDE MEDICAL ADVICE; SERVICES NOT FOR USE IN CASE OF EMERGENCY
Sideline Surgeons is not a medical provider, insurance provider, or prescription fulfillment warehouse. The content of the Site, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Sideline Surgeons. You may always seek the advice of your Treating Physician or any other qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions.
Sideline Surgeons is not responsible for Consulting Physicians’ acts or omissions, or for any content of a Treating Physician’s communications with them. Sideline Surgeons is independent of the Consulting Physicians, and does not employ or otherwise exercise any control over the services provided by the Consulting Physicians.
IF YOU ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
Sideline Surgeons’ Site and Services are not for medical or mental health emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 9-1-1 or go to your nearest emergency room immediately. If you are experiencing suicidal or self-harm thoughts or tendencies, you should immediately call the National Suicide Hotline at 9-8-8.
Patient users should seek emergency help or follow up care when recommended by your Treating Physician or other health care provider or when otherwise needed. Patient users should continue to consult with their Treating Physician and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.
AVAILABILITY OF SERVICES
By using the Services, you represent that you are not a person barred from enrolling for and/or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Site and/or the Services is limited exclusively to users located in States within the United States where the Services are available. Services are not available to users located outside the United States. Accessing the Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.
Consulting Physicians
As aforementioned, only Consulting Physicians who have entered into a contract with Sideline Surgeons will appear on the Site.
Patients / Patient Representatives
Sideline Surgeons’ Services are available to Patients who are: (1) professional athletes on a team or in a league with which Sideline Surgeons has entered into a contract; (2) professional athletes who are clients of Agents with whom Sideline Surgeons has entered into a contract; (3) high-school or college athletes enrolled in a school with which Sideline Surgeons has entered into a contract; or (4) independent athletes whose Treating Physicians have agreed to utilize Sideline Surgeons’ Services. Because Consulting Physicians do not interact directly with Patients, Patients must have a Treating Physician willing to book a consultation with a Consulting Physician to discuss a Patient’s medical needs or issues.
Minors under the age of 18 may only access the Site and the Services with the consent of a parent or legal guardian and through an account created by the parent or legal guardian.
To the extent a Consulting Physician determines that additional information or documentation is required to be uploaded to the Sideline Surgeons’ platform from the Patient (or Patient Representative) in order for the Consulting Physician to provide advice and guidance to the Treating Physician (for example, if the Consulting Physician would like to see a video of the Patient walking), it is imperative that Patients (or their Patient Representatives) promptly provide the complete and truthful information or documentation to Sideline Surgeons for review by the Consulting Provider, as the Consulting Providers rely upon this information when rendering feedback to the Treating Physicians.
FEES; ORDERING AND PURCHASING OF SERVICES
Sideline Surgeons processes payments on behalf of the Consulting Providers for the consultation services. The fees paid include a platform access fee, which is paid to Sideline Surgeons. Applicable fees vary, in part, based upon whether a Patient is accessing the Services a la carte, or if the Patient is accessing the Services through a subscription procured through contract between Sideline Surgeons and the Patient’s sports team, university/college, high school, or other organization. In any case, please note that health insurance does not cover the consultations made available through Sideline Surgeons’ Site. By choosing to use the Services, you are specifically choosing to obtain services on a cash-pay basis outside of any commercial health insurance plan or federal or state health care program. Thus, you are solely responsible for the costs of any services provided to you.
A la carte services:
If you do not have a contract with Sideline Surgeons, consultation fees will vary by Consulting Provider. The fee schedule for each Consulting Provider will be posted on the platform at the time a consultation is requested. Fees are subject to change at any time. The Patient (or the Patient’s parent or legal guardian in the case of a minor Patient) that is the subject of the consultation is ultimately responsible for ensuring that all fees are paid to the Consulting Providers through the Sideline Surgeons platform. Fees must be paid prior to the consultation findings being made available to the Treating Physician via the platform.
Subscription services:
Sports teams, universities/colleges, high schools, sports agents, and other organizations may enter into a Platform Access Agreement with Sideline Surgeons which enables such parties to access services from Consulting Providers at a discounted rate (the subscription fee) as set forth in the applicable Platform Access Agreement. Such access is for a specified subscription term.
Purchasing Through the Site:
You can purchase Services on the Site. We accept credit and U.S. debit cards. If a credit card account is being used for a transaction, Sideline Surgeons may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.
You represent and warrant that if you are making online payments that (a) any credit card, debit card and bank account information you supply is true, correct, and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
In the event a Service is listed at an incorrect price due to typographical error or error in pricing information received from a third party, we shall have the right to refuse or cancel any orders placed for the Service(s) listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the charge.
ELIGIBILITY; SITE ACCESS AND SECURITY
To utilize the Services, you agree to fully, accurately, and truthfully create your Sideline Surgeons Account (“Account”), including but not limited to your name, mailing address, phone number, email address, and password, which become your login credentials.
The login credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your login credentials, and for all activities that occur under such login credentials. You agree to prohibit anyone else from using your login credentials and agree to immediately notify Sideline Surgeons at [email protected] of any actual or suspected unauthorized use of your login credentials or other security concerns of which you become aware. Your access to the Site may be revoked by Sideline Surgeons at any time with or without cause.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. Sideline Surgeons will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
CONSENT TO COMMUNICATIONS
When you use the Site or Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Sideline Surgeons may contact you by telephone, mail, or email to verify your account information. Sideline Surgeons may request further information from you and you agree to provide such further information promptly to ensure that you have not fraudulently created your Account. We reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested.
By providing your mobile number, you are agreeing to be contacted by or on behalf of Sideline Surgeons at the mobile number you have provided, including calls and text messages, to receive informational, Service-related communications relating to the Site and Services. Message and data rates may apply. To stop receiving text messages from us, reply with the word STOP. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, some Site features and certain Services may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your Services.
Sideline Surgeons is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”) and the Telephone Consumer Protection Act (“TCPA”). Emails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM Act and the TCPA. In the event you receive an email or text message from us which you do not believe is fully compliant with the CAN-SPAM Act or the TCPA, please contact us immediately at [email protected].
You shall not use or permit any of your employees, agents, or affiliates to market, promote, or solicit Sideline Surgeons’ Services in ways that would violate the CAN-SPAM Act, the TCPA or any other laws. You shall not infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (“spamming”); propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; or infringe copyrights, trademarks, or other intellectual property rights.
You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet.
INTELLECTUAL PROPERTY RIGHTS
All pages within this Site and any material made available for download are the property of Sideline Surgeons, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws.
With the exception of Patients’ electronic medical or treatment record, Sideline Surgeons retains all right, title, and interest in and to the Site, the Services and any information, documentation, software, or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Site licensed by Sideline Surgeons (in that case, the license provider retains all right, title, and interest therein).
You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Sideline Surgeons’ trademarks, service marks, and logos are strictly prohibited without the prior written permission of Sideline Surgeons, as applicable. The immediately foregoing sentence also applies to any third party trademarks, service marks, and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Site without the written grant thereof by Sideline Surgeons or the third party owner of such trademarks, service marks, and/or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.
Sideline Surgeons may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.
Subject to these Terms of Use, Sideline Surgeons grants you a revocable, nontransferable (except as provided below), personal, nonexclusive license to use the Site. Sideline Surgeons reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. All rights not expressly granted to you in these Terms of Use are reserved and retained by Sideline Surgeons or its licensors, suppliers, publishers, rights holders, or other content providers.
You may provide suggestions, comments or other feedback (collectively, “Feedback”) to Sideline Surgeons with respect to its Services. Feedback is voluntary. Sideline Surgeons may use Feedback for any purpose without obligation of any kind. To the extent a license is required under your intellectual property rights to make use of the Feedback, you grant Sideline Surgeons an irrevocable, non-exclusive, perpetual, fully-paid-up, royalty-free license to use the Feedback in connection with Sideline Surgeons’ business, including the enhancement of the Services.
PROHIBITED USES
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
- In any way that infringes or facilitates infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To post or transmit: (a) a message under a false name; or (b) any data, materials, content, or information (including, without limitation, advice, and recommendations) which is (1) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (2) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct.
- To impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Sideline Surgeons or other users of the Site, or expose them to liability.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any device, software, or routine that interferes with the proper working of the Sites.
- Use any meta tags or any other “hidden text” utilizing Sideline Surgeons’ name or trademarks without the express written consent of Sideline Surgeons.
- Harvest or collect personal information about any other individual who uses the Site or the Services.
- Copy, distribute, modify, reproduce, publish, or use, in whole or in part, the Site or Services except for purposes authorized or approved in writing by Sideline Surgeons.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services.
- Otherwise attempt to interfere with the proper working of the Site.
ACCURACY OF INFORMATION
Although Sideline Surgeons attempts to ensure the integrity and accurateness of the Site and Service descriptions, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site, Service descriptions and other content on the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Sideline Surgeons at [email protected] so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Sideline Surgeons shall have no responsibility or liability for information or content posted to the Site from any non-Sideline Surgeons affiliated third party.
NO FUNCTIONALITY GUARANTEES
Sideline Surgeons reserves complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Site or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention and/or destruction policies.
LINKS TO THIRD PARTY SITES
Sideline Surgeons makes no representations whatsoever about any other website that you may access through this Site. When you access a third party site, please understand that it is independent from Sideline Surgeons, and that Sideline Surgeons has no control over the content on that website. In addition, a link to a third party website does not mean that Sideline Surgeons endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
USER INFORMATION
If you submit, upload, post or transmit any health or psychiatric information, medical and psychiatric history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Sideline Surgeons that you have the legal right and authorization to provide all User Information to Sideline Surgeons for use as set forth herein and required by Sideline Surgeons.
You agree to defend, indemnify, and hold harmless Sideline Surgeons from and against all third party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Site.
CLAIMS OF COPYRIGHT INFRINGEMENT
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), if you believe any material accessible on or from the Site infringes your copyright, you may request removal of or access to those materials by submitting written notification (a “DMCA Notice”) to our copyright agent designated below:
David Ford
P.O. Box 471451
Charlotte, NC 24247
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly and materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. It is our policy in appropriate circumstances to disable or terminate users who are repeat infringers.
DISCLAIMER OF WARRANTIES
SIDELINE SURGEONS DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. SIDELINE SURGEONS DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. SIDELINE SURGEONS DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO SERVICES OFFERED, SOLD, AND DISTRIBUTED BY SIDELINE SURGEONS ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY SIDELINE SURGEONS OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE SERVICES. SIDELINE SURGEONS DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SERVICES, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Sideline Surgeons and any affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Site, Services or any information posted on the Site; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to Sideline Surgeons or any customer service agent; and/or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Site, Services, or any information on the Site, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
LIMITATION OF LIABILITY REGARDING USE OF THE SITE
EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:
SIDELINE SURGEONS IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY MEDICAL DECISIONS BASED IN WHOLE OR IN PART ON ANY RECOMMENDATIONS OR OPINIONS OF CONSULTING PROVIDERS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF SIDELINE SURGEONS TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
ASSIGNMENT
You may not assign, transfer, or delegate the Terms of Use or any part thereof without Sideline Surgeons’ prior written consent. Sideline Surgeons may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.
FORCE MAJEURE
We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, pandemic, fire or other disaster.
DISPUTE RESOLUTION; ARBITRATION AGREEMENT
We will try work in good faith to resolve any issue you have with Site, including Services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department by contacting us via any of the channels listed in the “How to Contact Us” section herein. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
You and Sideline Surgeons agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use or your use of the Site, including Services ordered or purchased through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Sideline Surgeons are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Sideline Surgeons.
If you desire to assert a claim against Sideline Surgeons, and you therefore elect to seek arbitration, you must first send to Sideline Surgeons, by certified mail, a written notice of your claim (“Notice”). The Notice to Sideline Surgeons should be addressed to: Attn: Daniel Fahey, c/o Epstein Becker Green, P.C., 227 W. Monroe Street, Suite 4500, Chicago, Illinois 60606 (“Notice Address”). If Sideline Surgeons desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Sideline Surgeons, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Sideline Surgeons and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Sideline Surgeons may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Sideline Surgeons or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Sideline Surgeons receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000.
The arbitration will be governed by the laws of the state of Delaware, the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless Sideline Surgeons and you agree otherwise, any arbitration hearings will take place in Dallas, Texas. If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Sideline Surgeons’ last written settlement offer made before an arbitrator was selected (or if Sideline Surgeons did not make a settlement offer before an arbitrator was selected), then Sideline Surgeons will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
YOU AND SIDELINE SURGEONS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Sideline Surgeons agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
If this agreement to arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in Dallas, Texas.
MISCELLANEOUS TERMS
In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Sideline Surgeons and you pertaining to the subject matter hereof. In its sole discretion, Sideline Surgeons may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.
HOW TO CONTACT US:
Sideline Surgeons, LLC
P.O. Box 471451
Charlotte, NC 24247
620-314-3630