Website Terms of Use

Terms of Use

Welcome to our website. These Terms of Use (“Terms”) apply to this website (“Website”), our portals, SMS text notification services, and any other services provided by SportOrtho, Inc. and/or its affiliates (“we”, “us”, or “our”) (collectively, “Services”). Please read these Terms carefully before using our Services. By using our Services, you agree to these Terms in full. If you do not agree, do not use our Services. Additionally, you must read, agree, and accept the terms of our Privacy Policy.

Acknowledgment

You acknowledge (a) that you have read and understood these Terms and (b) that these Terms have the same force and effect as a signed agreement.

By using our Services, you are agreeing to these Terms. Please read them carefully.

These Terms may have changed since you last used our Services. Your use of our Services is subject to your compliance with these Terms. These Terms apply to all visits to our Website and all uses of our Services, including (but not limited to) all associated content, information, recommendations, and/or services provided to you by or through our Services.

By accessing and using our Services, you hereby agree to these Terms in their entirety. You may not use our Services (or any part thereof) if you do not agree to be bound by these Terms.

BY ACCESSING OR USING THE SERVICES IN ANY MANNER—INCLUDING, BUT NOT LIMITED TO, BROWSING THE WEBSITE, UTILIZING ANY INFORMATION, OR SUBMITTING ANY CONTENT OR PERSONAL INFORMATION THROUGH THE WEBSITE—YOU CONSENT TO AND AGREE TO BE BOUND BY ALL TERMS, CONDITIONS, POLICIES, AND NOTICES SET FORTH HEREIN. THIS INCLUDES CONDUCTING TRANSACTIONS ELECTRONICALLY, ADHERING TO THIRD-PARTY TERMS AND CONDITIONS, ACCEPTING DISCLAIMERS OF WARRANTIES, LIMITATIONS ON DAMAGES AND REMEDIES, AGREEMENTS TO BINDING ARBITRATION, CHOOSING TENNESSEE LAW, AND SELECTING SPECIFIC VENUES. YOU FURTHER REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY AND CAPACITY TO ACCEPT THESE TERMS.

Use of Services; No Medical Advice

Information provided by our Services is for general informational purposes and is not a substitute for professional medical advice. Do not use our Services for diagnosing or treating a health condition without consulting a qualified healthcare provider. In case of a medical emergency, call 911 or your local emergency assistance number.

Changes to these Terms

We reserve the right to revise these Terms at any time without notice. Please review these Terms regularly. Continued use of our Services after changes are made signifies acceptance of the revised Terms.

Minimum Age Requirement

Our Services are not intended for users under the age of 13. We do not knowingly collect information from users under 13. Such users are prohibited from submitting information through our Services.

Ownership of Services

Our Services and all associated content are the property of us or our affiliates and are protected by intellectual property laws. You may use our Services only for personal, non-commercial purposes. Unauthorized use or reproduction of any content is prohibited. Breach of these Terms terminates your authorization to use our Services.

Trademarks

All trademarks, service marks, and trade names on our Services are our property or the property of our affiliates. Unauthorized use is prohibited without prior written consent.

User Conduct

By using our Services, you agree not to:

• Alter, hack, or interfere with our Services.
• Access unauthorized accounts or systems.
• Use any automated means to access our Services.
• Use our Services for any unlawful or prohibited activities.

We reserve the right to remove any content that violates these Terms.

Links to Other Websites

Our Services may contain links to third-party websites for your convenience. We are not responsible for the content or practices of these third-party websites. Access to any third party website is at your own risk.

Text Message Terms

By providing your phone number or agreeing to participate in our text communication program (“Program”), you consent to receive text messages and push notifications from us and our partners, including automated messages. These messages may include service-related information, product updates, billing reminders, or appointment notifications. Consent is not required to purchase products or services, but opting out may affect service-related communications.

• Unsecure: Messages are unencrypted and may be accessed, intercepted, or altered by unauthorized parties.
• Opt-Out: To stop receiving messages, reply STOP or contact us directly; you will receive one final message confirming the opt-out.
• Usage: Message frequency varies based on your interactions. You are responsible for notifying us if your number changes. We are not liable for any delays or failures in message delivery due to third-party network providers or mobile carrier limitations. Message and data rates may apply.
• Data: We may collect your phone number, carrier name, and message details (date, time, content) to provide services.
• Indemnification: You agree to indemnify us and any third parties for claims or damages arising from your failure to notify us of a phone number change.
• Suspension/Termination: We may suspend or terminate your participation in the Program at any time for any breach of these Terms or if your mobile service lapses. We may also modify or discontinue the Program without notice.
• Modification: We may update these Terms at any time. Changes take effect upon posting on the Website. Continued participation indicates acceptance of any changes.

Disclaimer

You agree to assume all risks associated with accessing and using our Services, which are provided “as is” and “as available” without any warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, security, and accuracy. We do not guarantee that our Services will meet your requirements, be uninterrupted, timely, secure, or error-free, or that any content will be accurate, complete, or current. We make no representations regarding the quality or reliability of our Services, and any use of information or materials provided is at your own risk. Your sole remedy for any dissatisfaction with our Services is to stop using them. We reserve the right to modify or discontinue our Services at any time without notice or liability.

Limitation of Liability

We, along with our suppliers, licensors, and any parties involved in creating, producing, or delivering our Services, shall not be liable for any direct, indirect, special, consequential, exemplary, punitive, or other damages (including lost profits, lost data, or business interruption) arising from your use or inability to use our Services, or any linked websites, regardless of legal theory or whether we were advised of the possibility of such damages. Our total liability to you for any claims related to our Services will not exceed $100. Some jurisdictions do not allow the exclusion or limitation of liability, so these limitations may not apply to you. California and New Jersey residents have specific rights that may override some of these limitations.

Feedback

Any information, such as remarks, suggestions, ideas, graphics, or other submissions (“Feedback”) communicated to us through our Services becomes our exclusive property. You agree that we may use this Feedback for any purpose, without restriction or compensation to you, except as stated in our Privacy Policy. By submitting Feedback, you grant us a perpetual, worldwide, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license to use, modify, create derivative works from, distribute, display, and exploit the Feedback. You acknowledge the originality of your Feedback and accept responsibility for its accuracy, appropriateness, and legality.

Indemnity

You agree to defend, indemnify, and hold us, our affiliates, and our personnel harmless from any claims, losses, liabilities, costs, and expenses (including attorneys’ fees) arising from your use of our Services, violation of these Terms, or infringement of any third-party rights.

Copyright Violations

If you believe your copyrighted work has been copied and is accessible through our Services in a way that constitutes copyright infringement, please notify our designated copyright agent. Your notice must comply with the requirements of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, and include: identification of the copyrighted work and the infringing material, a good faith statement that the use is unauthorized, a statement of the accuracy of your claim and your authority to act on behalf of the copyright owner, your signature, and your contact information. Be aware that knowingly misrepresenting infringement may result in liability under Section 512(f) of the Copyright Act. Please send copyright complaints only; we will address them promptly.

Third-Party Payments

We are not responsible for any charges or fees from financial transactions on third-party websites. Payments for services found through our Services are made exclusively through affiliated third-party websites with their own privacy policies. Please review the privacy statements of any website that collects your personal information.

Termination/Modifications of Services

We may modify or terminate your access to the Services, or parts thereof, at any time, with or without notice, and are not required to support or update the Services. Certain sections of these Terms, including Ownership of Services, Trademarks, Disclaimer, Limitation of Liability, Indemnity, Privacy, Limitation on Actions, Dispute Resolution, General, Entire Agreement, Contact Information, and Indemnity (Text Message Terms), will remain in effect after termination. We may also limit features, restrict access, or charge fees for portions of the Services without notice or liability. You agree that we are not liable for any changes to or termination of access to the Services.

Privacy

We will handle any information collected from you through our Services according to our online Privacy Policy. Please review the Privacy Policy before using our Services. If you do not agree with the Privacy Policy, do not use our Services.

Dispute Resolution

Any dispute related to your use of the Services must be resolved exclusively through confidential binding arbitration, except for claims involving Intellectual Property Rights, where we may seek injunctive relief. Arbitration will occur before three neutral arbitrators in Davidson County, Tennessee, under the American Arbitration Association (AAA) rules. No other parties’ claims can be joined in the arbitration. Each party will bear its own attorney’s fees, and the arbitrators may award any remedies allowed by law, excluding punitive and consequential damages. The arbitration decision is final and binding, and arbitration limits rights like discovery and appeal that are available in court. The arbitrators’ award may be enforced in any court with jurisdiction. Both parties consent to the jurisdiction of Tennessee courts for actions related to arbitration or provisional remedies. If any part of this section is unenforceable, claims will be resolved in Tennessee courts.

General

If any provision of these Terms is deemed invalid by a court, it will not affect the validity of the remaining provisions, which will continue in full force. A waiver of any term does not imply a waiver of any other term. These Terms are governed by Tennessee law, without regard to conflict of law principles, and U.S. laws will prevail in any conflict with foreign laws. We may assign our rights and duties under these Terms without notice; however, you may not assign these Terms without our written consent. Section titles are for convenience only and do not affect the interpretation of these Terms. These Terms represent the entire agreement between you and us regarding the use of our Services.

Contact Information

If you have any questions about these Terms, our practices or Services, or your use of the Website, please contact [email protected]. You also may contact us at the address below:

7 Springs Orthopaedics
Attention: Terms of Use
5301 Virginia Way Suite 155
Brentwood, TN 37027

Privacy Policy

Updated as of August 27, 2024

We are committed to the care and improvement of human life, which includes protecting your Personal Information. We maintain the confidentiality of information and comply with applicable regulatory requirements.

This privacy policy (“Privacy Policy”) covers our online privacy practices regarding the use and disclosure of information collected when you access or use our website (“Website”), portals, and any other websites or applications we provide that link to this Privacy Policy (collectively, our “Services”).

Information not covered by this Privacy Policy

The Services are provided by the Website owner identified on the Website homepage (“we,” “us,” or “our”). This Privacy Policy does not apply to information collected through other means, such as by telephone or in person, or by third parties not part of our Services. For questions, contact our privacy team at:

7 Spring Orthopaedics
Attention: Privacy Requests
5301 Virginia Way Suite 155
Brentwood, TN 37027

This Privacy Policy does not apply to “Protected Health Information” under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).

Information collected through the Website

Our Website may include pages where you can provide Personal Information, which is defined as any information that can identify an individual. We collect information from and about our users in three ways:

1. Directly from you;
2. From our web server logs;
3. Through cookies and web beacons.

Information provided by you

We collect Personal Information through online forms to provide features of the Services. For example, if applying for a job through the Website, we may request information such as your name, email address, phone number, and work experience. If you do not provide the required information, we may be unable to offer related features and services. Content you provide in our secure forms is your responsibility, and we may use it as part of our Services.

Web server logs

When you use our Services, we may track information for service administration and analysis. Examples include:

• Your IP address
• Browser type
• Number of links clicked within our Services
• State or country of access
• Date and time of your visit
• Internet service provider name
• Referring websites
• Pages viewed

We use this data to improve our Services, monitor traffic, enhance security, and make our Services more useful.

Cookies and web beacons

A “cookie” is a small text file transferred to your computer’s hard drive to personalize our services and collect usage information. Each computer receives a unique cookie identifier. Our Services use two types of cookies: “session” cookies, which track user sessions and expire shortly after, and “persistent” cookies, which track unique visits and user types (patient, provider, etc.) and can last from six months to two years. You can set your browser to warn about or reject cookies, but doing so may limit the functionality of our Services.

We use Google Analytics to analyze traffic and user activity on our Sites. For details on how Google Analytics processes personal information, see Google’s Privacy and Terms. You can opt out of Google Analytics using a browser plugin or the Cookie Preferences link on our website. We may display third-party content, like YouTube videos, directly on our Site, and their use of your data is governed by their privacy policies. Some features, like social media widgets, may use cookies or similar technologies to collect information about your use of our Services, which may be combined with your personal data. “Web beacons,” “clear GIFs,” “web bugs,” or “pixel tags” are small graphic files that help us count visitors and assess campaign effectiveness. We may use these in emails to see if they have been opened. Unlike cookies stored on your hard drive, web beacons are embedded invisibly on web pages or screens. We may share aggregated data from cookies and web beacons with affiliates and partners. We do not honor Do Not Track (DNT) requests; check third-party privacy policies to see if they do.

Control of Cookies

Most browsers accept cookies by default, but you can remove or reject them in your browser settings. Note that doing so may affect the site’s functionality. For more information on managing cookies, check your browser or device’s settings.

• Apple Safari
• Google Chrome
• Microsoft Edge
• Microsoft Internet Explorer
• Mozilla Firefox
• Android (Chrome)
• iPhone or iPad (Chrome)
• iPhone or iPad (Safari)

Third-party advertising

We use services like Google Ads, Meta (Facebook, Instagram), LinkedIn Ads, and X Ads (formerly Twitter) for advertising and marketing.

We use Google Ads, the Google Marketing Platform, and related services from Google LLC for online advertising, including remarketing and re-engagement. You can control how Google uses your information for ads by adjusting your Google Ad Personalization Settings and visiting Google Ad Help. We also use X Ads (formerly Twitter Ads) from X Corp. for advertising; you can opt out of interest-based ads through X’s opt-out mechanisms. Additionally, we use Facebook Ads, Instagram Ads, and related services from Meta Platforms, Inc. for campaigns on Facebook and Instagram, and LinkedIn Ads from LinkedIn Corporation for LinkedIn campaigns. Each platform’s cookie policy explains how data is used and how you can control ad settings.

You can learn about additional steps that you may take by visiting National Advertising Initiative (NAI) Consumer Opt Out.

The purposes for which we use personal information

If you submit or we collect Personal Information through our Services, it may be used to: (i) provide, analyze, and improve our Services; (ii) contact you about our Services, appointments, events, or offerings; (iii) verify your access to secure areas; (iv) send surveys; (v) support recruiting and HR; (vi) protect our rights and ensure security; and (vii) comply with legal obligations.

How we disclose personal information

We do not sell, lease, rent, or disclose Personal Information collected from our Site to third parties, except as described here or with your consent. We may share Personal Information with third-party service providers to perform tasks on our behalf, such as security, analytics, and payment processing, ensuring they maintain confidentiality and comply with applicable laws. In the event of a merger, acquisition, sale, or other change of control, we may transfer Personal Information to the acquiring entity. Additionally, we may disclose Personal Information if necessary to comply with legal requirements, enforce our terms of use, prevent fraud or security issues, or protect our rights or the rights, property, or safety of others.

Information security

No website can guarantee security, but we maintain industry-accepted physical, electronic, and procedural safeguards to protect your personal information collected via our Services in compliance with applicable law.

What can I do to protect my privacy?

Where you use a Portal or other Service that is secured with a username and password, you are also responsible for taking steps to protect the privacy of Personal Information about you. In order to protect your privacy, you should:

• Never share your username or password;
• Always sign out when you are finished using the Portal;
• Use only secure web browsers;
• Employ common anti-virus and anti-malware tools on your system to keep it safe;
• Use a strong password with a combination of letters and numbers; and
• Change your password often.

If you share your Portal username and password with another person, that person will be able to see your confidential medical record information. We have no responsibility concerning any breach of your confidential medical record information due to your sharing or losing your username or password.

Retention of information

We will retain Personal Information for the period necessary to fulfill the purposes for which it has been collected as described in this Privacy Policy unless a longer retention period is required by law, for security, fraud & abuse prevention, to comply with legal or regulatory requirements, to ensure continuity of services or financial record-keeping purposes. Where practical, we dispose of certain categories of information, including Personal Information, on a regular schedule. For example, we dispose of web server logs after 90 days, information submitted through secure forms after 6 months, and information collected for analytics purposes on our Websites after 5 years.

Third-party websites and payments

If you use the Portal to link to another third-party website, you may decide to disclose Personal Information at that website. In contacting that third-party website, or in providing information on that website, that third-party may obtain Personal Information about you. This Privacy Policy does not apply when you leave the Portal and go to a third-party website from the Portal. We encourage you to be aware when you leave the Portal and to read the privacy statements of each third-party website that collects personally identifiable information.

Any payments you may make for services you have found on the Portal (such as enrolling in a class) are not made through the Portal but are made exclusively through a third-party website, and the separate privacy policy of which applies. We are not responsible for any fees, charges, or actions provided by such a third-party website.

User communications

Email communications sent to us through our Services may be shared with the appropriate customer service representative, employee, medical expert, or agent to address your inquiry. We strive to respond promptly, and communications are either discarded or archived after responding, in accordance with applicable laws. Please note that email is not a completely secure or confidential means of communication, and your email may be accessed or viewed by others while in transit. To keep your communication private, avoid using email.

Your Rights – Personal Information

If you would like to access, amend, erase, export, object to, or restrict the processing of other Personal Information collected via our Services or any other request as described below by state law, you may email [email protected] or write to us at:

SportOrtho
Attention: COO
5301 Virginia Way Suite 155
Brentwood, TN 37027

We will review all requests promptly in accordance with applicable laws. Depending on your location, you may have the right to file a complaint with a regulatory authority if you believe your rights concerning Personal Information have been violated. We encourage you to contact us first to allow us to address your concerns directly.

Communications Opt-Out

We may send certain messages, including electronic newsletters, notification of account statuses, and marketing communications on a periodic basis. If you wish to be removed from such messages, you may request to discontinue future ones. All such material will have information as to how to opt out of receiving it, although certain messages (such as a secure message sent by a doctor or an account status update via the Portal), may be required by law and will not have opt-out capabilities.

Offline Collection of Personal Information

When we collect your Personal Information offline, for example at an onsite event, a Notice at Collection may be printed on a sign-in sheet, a paper version of the Notice could be available at the entrance of the event or prominent signage will be displayed directing you to where the Notice can be found online. All options will provide information to you so that you can exercise your privacy rights listed above.

Minors

We do not have actual knowledge that we sell or share the Personal Information of Consumers who are less than 16 years of age. However, if we have actual knowledge that the Consumer is less than 16 years of age, we will not sell or share the Consumer’s Personal Information unless the Consumer in the case of Consumers who are at least 13 years of age and less than 16 years of age, or the Consumer’s parent or guardian, in the case of Consumers who are less than 13 years of age, has affirmatively authorized the disclosure of the Consumer’s Personal Information.

The categories of sources from which we collect Personal Information are:

• Directly from you;
• Directly from our web server logs; and
• With cookies and web beacons;

Authorized Agent

An Authorized Agent can exercise a Consumer’s opt-out right on their behalf if we can reasonably verify the Consumer’s identity and the Agent’s authority. An Authorized Agent may also use technology, like a web link, browser setting, or extension, to indicate the Consumer’s intent to opt-out.

Verification Process

This is a process to determine that the Consumer making the request is the Consumer about whom we have collected the Personal Data. In order to verify your identity we will, whenever feasible, match the identifying information you provide to the Personal Data we already maintain and/or use a third-party identity verification service.

Consent for Children

We do not have actual knowledge that we are collecting or maintaining the Personal Data of Consumers under 13 years of age. However, if we have actual knowledge that the Consumer is under 13 years of age, we will obtain Consent from the parent or lawful guardian of that Consumer before collecting or processing the Consumer’s Personal Data.

Categories of Personal Data

The following describes the categories of Personal Data collected or processed by us:

• Identifiers such as name, date of birth, address, email address or phone number;
• Internet or electronic network activity information such as browsing history, Internet protocol address, type of browser, number of links clicked within our Services, state or country from which you accessed our Services, date and time of visit, name of Internet service provider, third party websites you linked to from our Services, pages or information you viewed on our Services or number of times you have viewed an ad.
• We collect information on your region or postal code to help us gather information useful for improving the relevance of our content; and
• Securing our Services.

The following describes the Personal Data that we share with third parties:

• Internet or electronic network activity information such as browsing history, Internet protocol address, type of browser, number of links clicked within our Services, state or country from which you accessed our Services, date and time of visit, name of Internet service provider, third party websites you linked to from our Services, pages or information you viewed on our Services or number of times you have viewed an ad.

Offline Collection of Personal Data

When we collect your Personal Data offline, for example at an onsite event, a hard copy of our Privacy Policy will be provided.

Retention of Categories of Personal Data

We will retain Personal Data for the period necessary to fulfill the purposes for which it has been collected. In accordance with internal record retention policies, we dispose of all categories of Personal Data no later than 5 years from the date of collection unless a longer retention period is required by law, for security, fraud & abuse prevention, to comply with legal or regulatory requirements, to ensure continuity of services or financial record-keeping purposes.

Children’s privacy

We will never ask for or knowingly collect Personal Information from children through the Services or Portal. If you are a child, you are not permitted to use the Portal and should immediately exit our Portal. Parents of un-emancipated minors may set up accounts for themselves to access their children’s medical records only as permitted pursuant to the Terms governing the Portal. If you think that we have collected personal information from a child through this Portal, please contact us and we will dispose of the information as required by applicable law.

Policy changes

We reserve the right to change the terms of this Privacy Policy at any time by posting those changes in revisions to this Privacy Policy, so that you are always aware of our processes related to collection, use and disclosure of information. We urge you to check here for any updates to this Privacy Policy from time to time. Unless otherwise indicated, any changes to this Privacy Policy will apply immediately upon posting to the Website.

What if I have questions or concerns regarding this privacy policy?

Email [email protected] if you have any questions or concerns about this Privacy Policy or the information practices of our Services.

You may also write to us at:
SportOrtho
Attention: Privacy Requests
5301 Virginia Way Suite 155
Brentwood, TN 37027

Social Media Policy

Disclaimer

The information and advice provided on this website are not intended to replace the services of a physician or establish a doctor-patient relationship. All content is for informational purposes only and should not be considered a substitute for professional medical advice.

Comment Policy

We welcome your comments on Sport Ortho Urgent Care’s blogs and encourage you to join the discussions. However, we may not be able to respond to every comment, especially those related to specific medical cases. Comments are reviewed before posting, and those that are off-topic or promote commercial products are generally not approved. We expect a basic level of civility; while disagreements are acceptable, mutual respect is essential, and profanity or abusive language will not be tolerated.

By posting comments, posts, or other materials on Sport Ortho Urgent Care-sponsored blogs, you grant Sport Ortho Urgent Care the irrevocable right to use, reproduce, distribute, publish, display, edit, modify, create derivative works from, and otherwise utilize your submission for any purpose, in any form and media. You also agree not to:

1. Post material that infringes on third-party rights, including intellectual property, privacy, or publicity rights.
2. Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing, as determined by Sport Ortho Urgent Care.
3. Post advertisements or solicit business.
4. Post chain letters or pyramid schemes.
5. Impersonate others.
6. Allow others to use your identity for posting or viewing comments.
7. Post the same comment repeatedly or “spam

Sport Ortho Urgent Care reserves the right, but is not obligated, to:

1. Remove communications that are abusive, illegal, disruptive, or do not comply with these Terms and Conditions.
2. Terminate a user’s access to the blog for any breach of these Terms and Conditions.
3. Edit or delete any communications posted on the blog, even if they do not violate these standards.

You also agree to indemnify Sport Ortho Urgent Care against any damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from any third-party claim related to material you have posted.

Accessibility Assistance

We are dedicated to providing an accessible experience for all patients and visitors. We are working to ensure our websites are accessible to people with disabilities, including those using assistive technologies like automated tools, keyboard-only navigation, and screen readers.

Digital Accessibility Statement

We are updating our websites to comply with Section 508 Web Accessibility Standards and W3C’s Web Content Accessibility Guidelines 2.1. Our websites will be evaluated programmatically and tested with assistive technologies, including screen readers and magnifiers, and by users with disabilities. This ensures accessibility for everyone, regardless of disability or device. We will regularly audit our websites to maintain and improve accessibility standards.

Accessibility Assistance Requests

If you have difficulty accessing content or features due to a disability, please report the issue by email [email protected].

You may also write to us at:
SportOrtho
Attention: Accessibility
5301 Virginia Way Suite 155
Brentwood, TN 37027