TERMS OF USE (“Terms”) for READY.SET.MEASURE.

Please read the following Terms carefully before using READY.SET.MEASURE. LLC’S (“Ready.Set.Measure”, “RSM”) website and application, including but not limited to the ready-set-measure.com website as well as any online features and other services and/or programs offered by Ready.Set.Measure. By accessing or using our website or app (collectively referred to as the “website”), you agree to the following Terms. You should review these Terms regularly as they may change at any time at the sole discretion of Ready.Set.Measure. If you do not agree to any portion of these Terms, you should not access or otherwise use the website or app. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the website or app.

The Ready.Set.Measure. website is intended as an informational application for physical therapists.  It is not intended for diagnosis or treatment.

We will make an effort to update this page with any changes to these Terms and/or to the services described in these Terms and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appear at the end of these Terms).

Terms related to online access that you have with Ready.Set.Measure. is set forth in Paragraph 6 herein.

1. CONVENIENCE AND INFORMATION ONLY; ACCEPTANCE OF TERMS. By merely providing access to the website, Ready.Set.Measure. does not warrant or represent that: (a) the Content is accurate, complete, up-to-date or current; (b) Ready.Set.Measure. has any obligation to update any Content; (c) the Content is free from technical inaccuracies or typographical errors; (d) that the Content does not infringe on the intellectual property rights of any third party; (e) that the Content is free from changes caused by a third party; (f) your access to the website will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through or postings made on the website are accurate or complete. Your use of the website and the services offered therein are subject to federal law, the law of the state where Ready.Set.Measure. maintains your Account, or, if Ready.Set.Measure. transfers your Account to another location, where Ready.Set.Measure. currently maintains your Account (“Applicable Law”).

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 13.

2. SITE USE AND CONTENT. You may view, copy or print pages from the website solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the website without the express, prior, written consent of Ready.Set.Measure. At any time, we may, without further notice, make changes to the website, to these Terms and/or to the services described in these Terms.

3. USER ACCOUNT, PASSWORD, SECURITY AND ELECTRONIC ACCOUNT SERVICES.

(a) ONLINE ACCOUNT ACCESS. For certain types of features available through the website, including the Online Account Access features (the “Online Service”), we require the use of encryption technologies provided for your protection and/or your use of a user identification name (“UserID”) and password after setting up a user account (“User Account”). You may never use another person’s User Account and/or UserID without permission.

USER ACCOUNT AND PASSWORD. We use reasonable precautions to protect the privacy of your UserID, password and User Account information by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your UserID, password and User Account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the website. You, however, are ultimately responsible for protecting your UserID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You are required to take reasonable precautions to safeguard your UserID and password. You agree to never leave your computer unattended while using the Online Service and to always exit the Online Service by clicking on “Log Out.”

You are solely responsible for any activity that occurs with respect to your User Account and UserID. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or interruption.

RELIANCE BY READY.SET.MEASURE. You authorize Ready.Set.Measure. to rely on your UserID and password to identify you when you use the Online Service, and as signature authorization for any payment made using the Online Service.

Ready.Set.Measure. is committed to protecting the security and confidentiality of information about you and your Account and User Account. Ready.Set.Measure. uses, and may in the future use, several different security methods to protect your Account and User Account information.

ELECTRONIC COMMUNICATION.

Email and Online Message Center. When you enroll in the Online Service, you must designate a primary email address that will be used for receiving electronic communication. To the extent that Ready.Set.Measure. maintains an online message center now or in the future, such exchange of communications shall be considered an electronic communication and may be utilized by Ready.Set.Measure. for providing you notices pursuant to these Terms, as required by Applicable Law (as permitted) or generally regarding your Account(s) with Ready.Set.Measure. Ready.Set.Measure. will NEVER send you email requesting confidential information such as Account numbers, usernames, or passwords and you should NEVER respond to any email requesting such information. If you receive such an email purportedly from Ready.Set.Measure. do not respond to the email and notify Ready.Set.Measure. by using the “contact us” feature.

Usage of Electronic Communication. By your enrollment in the Online Service, you agree to receive these Terms and any disclosures or notices required by Applicable Law and all other communications electronically to the email address you designate in your account profile. You also agree that Ready.Set.Measure. may respond to any communication you send to Ready.Set.Measure. with an electronic communication, regardless of whether your original communication with Ready.Set.Measure. was an electronic communication. Any electronic communication Ready.Set.Measure. sends to you will be considered received within 5 calendar days of the date such communication is sent by computer servers utilized by Ready.Set.Measure. to the email address you designate in your account profile or posted to Ready.Set.Measure.’s’ online message center (if applicable). To the extent permissible under Applicable Law, any electronic communication you send to Ready.Set.Measure. will not be effective until Ready.Set.Measure. has had a reasonable opportunity to act on the electronic communication. You should not rely on electronic communication if you need to communicate with Ready.Set.Measure.  immediately and, in no event, should your sole method of communication with Ready.Set.Measure. regarding any emergency be by electronic communication. Ready.Set.Measure. may require you to provide written confirmation of any verbal or electronic notice of alleged error by Ready.Set.Measure.

DISCLAIMERS

NO WARRANTIES; INDEMNIFICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, THE ONLINE SERVICE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. READY.SET.MEASURE. PROVIDES THE WEBSITE ONLINE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND READY.SET.MEASURE. MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE ONLINE SERVICE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEBSITE, THE ONLINE SERVICE, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEBSITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. READY.SET.MEASURE. DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB SITE AND/OR THE ONLINE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT READY.SET.MEASURE. SHALL HAVE ADEQUATE CAPACITY FOR THE WEB SITE AND/OR THE ONLINE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

INDEMNIFICATION. You agree to defend, indemnify and hold Ready.Set.Measure. and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by Ready.Set.Measure., directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.

LIMITATION OF LIABILITY. READY.SET.MEASURE. ’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE SHALL BE THE CANCELLATION OF YOUR USER ACCOUNT WITH READY.SET.MEASURE. IN NO EVENT WILL READY.SET.MEASURE. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, AND/OR (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS MOBILE MEASURES’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

PRIVACY. Personal data that you provide regarding yourself will be handled in accordance with Ready.Set.Measure.’s’ Privacy Policy.

HIPAA. Be advised that you, as the user of the app, remain responsible for all compliance with applicable state and federal laws, including HIPAA.  

NOT MEDICAL ADVICE. You understand that any information provided by the Ready.Set.Measure. website is intended for informational purposes only, and is not intended to diagnose, treat or provide medical advice. You are advised to always use your own professional judgment in using or interpreting the data from Ready.Set.Measure.

THIRD-PARTY CONTENT.

READY.SET.MEASURE.  may provide hyperlinks to other web sites maintained by third parties, or READY.SET.MEASURE. may provide third party content on the WEBSITE. THE LINKS TO THIRD-PARTY WEB SITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEB SITE IS NOT UNDER READY.SET.MEASURE.’S CONTROL AND READY.SET.MEASURE. IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEB SITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD-PARTY WEB SITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD-PARTY WEB SITES LINKED TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.

COPYRIGHT AND TRADEMARKS. The trademarks, service marks and logos used and displayed on the website are Ready.Set.Measure.s’, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. Ready.Set.Measure. is the copyright owner or authorized licensee of all text and all graphics contained on the website. All trademarks and service marks of Ready.Set.Measure. that may be referred to on the website are the property of Ready.Set.Measure.. Other parties’ trademarks and service marks that may be referred to on the website are the property of their respective owners. Nothing on the website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Ready.Set.Measure.’s trademarks or service marks without Ready.Set.Measure.’s prior written permission. Ready.Set.Measure. aggressively enforces its intellectual property rights. Neither the name of Ready.Set.Measure. nor any of Ready.Set.Measure.’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the website or otherwise, without Ready.Set.Measure.’s prior written permission. If you believe that any Content on the website violates any intellectual property right of yours, please contact Ready.Set.Measure. at the email address set forth at the bottom of these Terms.

LOCAL LAWS. Ready.Set.Measure.  makes no representation that content or materials in the website are appropriate or available for use in jurisdictions outside the United States. Access to the website from jurisdictions where such access is illegal is prohibited. If you choose to access the website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. Ready.Set.Measure. is not responsible for any violation of law. You may not use or export the Content or materials in the website in violation of U.S. export laws and regulations. You agree that the website, these Terms and the Online Service shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the laws of the state where Ready.Set.Measure. maintains your Account, or, if Ready.Set.Measure. transfers your Account to another location, where Ready.Set.Measure. currently maintains your Account. The Web Site and the Online Service shall be deemed a passive website and service that does not give rise to personal jurisdiction over Ready.Set.Measure. either specific or general, in jurisdictions other than the states covered by the preceding sentence. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located where Ready.Set.Measure. maintains your Account, or, if Ready.Set.Measure. transfers your Account to another location, where Ready.Set.Measure. currently maintains your Account. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

AVAILABILITY. Information that Ready.Set.Measure. publishes on the website may contain references or cross-references to products, programs or services of Ready.Set.Measure. that are not necessarily announced or available in your area. Such references do not mean that Ready.Set.Measure.  will announce any of those products, programs or services in your area at any time in the future. You should contact Ready.Set.Measure. for information regarding the products, programs and services that may be available to you, if any.

NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the website with his or her UserID and password. You may not assign these Terms, in whole or in part, or delegate any of your responsibilities hereunder to any third party. Any such attempted assignment or delegation will not be recognized by Ready.Set.Measure. unless acknowledged by Ready.Set.Measure. in writing. Ready.Set.Measure. has no obligation to provide you with written acknowledgment. Ready.Set.Measure. may, at any time and in its sole discretion, assign these Terms, in whole or in part, or delegate any of our rights and responsibilities under these Terms to any third-party or entity.

TERMINATION OF SERVICE. We may terminate your User Account or right to access secured portions of the website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the website, to Ready.Set.Measure. to the business of the website’s Internet service provider, or to other information providers.

CUSTOMER COMMENTS. We welcome the submission of comments, information or feedback through the website. By submitting information through the website, you agree that the information submitted shall be subject to the Ready.Set.Measures. Web Site Privacy Policy.

CLASS ACTION WAIVER and ARBITRATION. You agree that any dispute arising out of the use of the website shall be brought only in your capacity as an individual, and no claims may be brought as a class.  All disputes shall be submitted to binding arbitration in Philadelphia, PA before a board of three neutral arbitrators.  The arbitration and rules shall be according to the American Arbitration Association (AAA).  In no event shall the arbitrators award punitive damages.

MISCELLANEOUS. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Ready.Set.Measure.’s’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms and the Ready.Set.Measure.’s Web Site Privacy Policy are the entire agreement between you and Ready.Set.Measure. with respect to your use of the Website and the Online Service and supersede any and all prior communications and prior agreements, whether written or oral, between you and Ready.Set.Measure. regarding the WebSite and the Online Service.

Your Consent To This Agreement

By accessing and using the WebSite, you consent to and agree to be bound by the terms of the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on the website so that you will always be able to understand the terms and conditions that apply to your use of the Website and/or the Online Service. Your use of the Website and/or the Online Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms.

If you have additional questions or comments of any kind, or if you see anything on the Web Site that you think is inappropriate, please let us know by sending your comments to:

Ready.Set.Measure.  LLC

Attn: Meredith Flowers or Beth Stamp

readysetmeasure@gmail.com

EFFECTIVE AS OF: 8/2022

LAST UPDATED: 8/2022