Strut Health Terms of Use

These Terms of Use were last updated on March 22, 2019.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL "911" IMMEDIATELY.

THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

These Terms of Use govern your use of our online interfaces and properties (e.g. websites and mobile applications) owned and controlled by Strut Health, LLC("Strut" “we,” “us,” or “our”) including, but not limited to, the https://www.strutyours.com website (the "Site") as well as the services and products ("Products") available to users through the Site. Titan Health, P.A. and its affiliated entities (collectively defined as "Titan Health") provide the professional medical services through Titan Health physicians (individually the "Provider" and collectively the "Providers"). Strut provides the non-clinical Site services ("Services"). The terms "you" and "your" means you and any other person accessing your Strut account

By using or accessing the Site, registering with the Site, and/or by clicking “I Agree,” you acknowledge that you have read, understand, and agree to all terms and conditions contained within these Terms of Use. Your compliance with these Terms of Use is a condition to your use of the Site. If you do not agree to be bound by the Term of Use, promptly exit the Site. Please also consult our Privacy Policy, which can be found at here for a description of our privacy practices and our Returns Policy, which can be found at here for a description regarding how Product returns are handled.

Binding Arbitration These Terms of Use provide that all disputes between you and Strut Health that in any way relate to these Terms of Use or you use of the Site will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below titled Dispute Resolution: Arbitration Agreement for details regarding your agreement to arbitrate any disputes with Strut Health.

1. CHANGES TO THESE TERMS OF USE

We may modify these Terms of Use from time to time in our sole discretion. We will provide notice by updating this posting. You are expected to carefully review and periodically check these Terms of Use from time to time so you are aware of any changes. Any changes to these Terms of Use will be in effect as of the “Last Updated” date referenced at the top of these Terms of Use. Your continued use of the Site constitutes your binding acceptance to these Terms of Use, including any changes or modifications that we may make. If any part of these Terms of Use or any future changes to these Terms of Use are not acceptable to you, you must not use or access the Site.

2. PRIVACY PRACTICES

You agree that information provided by you in connection with the Services is governed by the Privacy Policy available at here.

3. SERVICES PROVIDED - NO MEDICAL CARE OR ADVICE BY STRUT

We offer an online communication platform for Providers and their patients to connect via the Site through the use of synchronous and asynchronous telecommunications technologies. The Site facilitates communication between patients and Providers.

Strut does not provide medical advice or care. Titan Medical Group delivers clinical services via the Strut platform to their patients. Providers are independently contracted or employed by Titan Medical Group. Providers are not contracted or employed by Strut. The Providers, and not Strut, are responsible for the quality and appropriateness of the care they render to you.

The Providers are independent of Strut and are merely using the Site as a way to communicate with you. Any information or advice received from a Provider comes from them alone, and not from Strut. Your interactions with the providers via the Site are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither Strut, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service or provide a link to the Service, shall be liable for any professional advice obtained from a Provider via the Site or Service, nor any information obtained on the Site. Strut does not recommend or endorse any specific Providers, tests, physicians, medications, products or procedures. You acknowledge that your reliance on any Providers or information delivered by the Providers via the Site or Service is solely at your own risk and you assume full responsibility for all risks associated herewith.

Strut does not make any representations or warranties about the training or skill of any Providers who deliver services via the Site or Service. You will be provided with available Providers based solely on the information you submit to the Site. You are ultimately responsible for choose your particular Provider.

The content of the Site and the Services including, but not limited to, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute medical advice, diagnosis, treatment or recommendations of any kind by Strut. You should always seek the advice of your qualified health care professionals with any questions or concerns you have regarding individual needs and medical conditions. All information provided by Strut, or in connection with any communications supported by Strut, is intended to be for general information purposes only, and is no way intended to create a provider-patient relationship as defined by state or federal law. While Strut facilitates your selection of, and communications with, Providers, Strut does not provide medical services and the doctor-patient relationship is between you and the Titan Medical Group Provider you select.

Not for Emergencies

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, DIAL "911" IMMEDIATELY.

Strut's Site and Services are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on this Site. If you believe you have an emergency, call 9-1-1- immediately. You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended by them. 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.

Risks of Telehealth Services

By using the Services, you acknowledge the potential risks associated with telehealth services. These include, but are not limited to, the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug reactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy to your health information.

Prescription Policy

Neither Strut nor Titan Medical Group endorses any specific medication, pharmacy, or pharmacologic product. If a Provider prescribes a medication, he/she will limit supply based upon state regulations and will only prescribe a medication as determined in his/her own discretion and professional judgment. There is no guarantee a prescription will be written. Providers do not prescribe DEA controlled substances or scheduled medications, or certain other drugs which may be harmful because of their potential for abuse. Providers reserve the right to deny care for actual or potential misuse of the Services.

You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. Strut and Titan Medical Group fully honor patient freedom of choice and, if you receive a prescription for medication, you always have the option to instruct Titan Medical Group to transmit the prescription to the pharmacy of your choice.

Not an Insurance Product

Neither Strut nor Titan Medical Group are insurers. The Services are not insurance products, and the amounts you pay to Strut or Titan Medical Group are not insurance premiums.

4. AVAILABILITY OF SERVICES

Strut and Titan Medical Group operate subject to state and federal law and the Services may not be available in your state. You represent that you are not a person barred from enrolling for 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 or Services is limited exclusively to users located in states within the United States where Services are available. Services are not available to users located outside the United States. Accessing the Site or Services form jurisdictions where content is illegal, or where we do not offer Services, is prohibited.

5. ORDERING AND PURCHASING PRODUCTS

Order Acceptance and Shipment

Your placement of an order does not necessarily ensure that your order will be accepted. We may require additional information regarding your order if you have not provided all the information required to be completed. Once a properly completed order and authorization of your form of payment is received, we will process your order and arrange for shipment. If, for some reason, it is determined that your Product(s) cannot be shipped within thirty (30) days following receipt of a properly completed order, we will cancel your order and advise you of such action. We do not accept orders from dealers, wholesalers or other customers who intend to resell items offered on our Site.

Typographical Errors and Incorrect Pricing

If a Product or 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 Product(s) and/or 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 is charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit or debit card account in the amount of the charge.

Risk of Loss

All Products purchased from our Site are delivered to shipment carriers. The risk of loss and title for such Products pass to you when they are delivered to the carrier.

Return Policy

You may return Products in accordance with our Returns Policy available at here posted on our Site.

6. ELIGIBILITY, SITE ACCESS, SECURITY AND RESTRICTIONS; PASSWORDS

THE SITE IS OFFERED AND AVAILABLE TO USERS WHO ARE 18 YEARS OF AGE OR OLDER. YOU MAY NOT USE, ACCESS, OR REQUEST SERVICES FORM THE SITE IF YOU (A) DO NOT AGREE TO THESE TERMS OF USE, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SITE OR ANY OF THE SITE'S CONTENTS OR SERVICES BY APPLICABLE LAW.

BY USING THE SITE OR OBTAINING SERVICES FROM THE SITE, YOU REPRESENT AND WARRANT THAT YOU MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS AND YOU AFFIRM THAT YOU ACCEPT AND ARE BOUND BY THESE TERMS. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE SITE.

We reserve the right to modify or discontinue this Site with or without notice to you. We shall not be liable to you or any third party should we exercise its right to modify or discontinue the Site. We do not guarantee continuous, uninterrupted, or secure access to our Site. The operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control or through acts of God.

Access to certain portions of the Site or some of the resources it offers may require a user name and password. Only registered users may access password-protected pages. You may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You are solely responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. We have the right to disable your access to the Site at any time in our sole discretion for any or no reason, including if, in our opinion you have violated any provision of these Terms of Use.

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; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (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; (d) taking any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure; (e) introducing any spyware, viruses, Trojan horses, worms, keystroke loggers, rootkits, logic bombs or other material which is malicious or technologically harmful to the Site (or the servers, networks, and databases which are connected to the Site); (f) using the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; (g) engaging in any activity that interferes with or disrupts the Site (or the servers, networks, and databases which are connected to the Site); (h) forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted through the Site or develop restricted or password-only access pages, or hidden pages or images; or (i) contacting other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication.

You agree you will not impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing). 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. Strut 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.

7. ELECTRONIC 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. Strut and Titan Medical Group may contact you by telephone, mail, or email to verify your account information. Strut and Titan Medical Group may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, 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.

8. CONSENT TO RECEIVE CALLS AND TEXT MESSAGES

By providing your mobile number, you are agreeing to be contacted by or on behalf of Strut or Titan Medical Group at the mobile number you have provided, including calls and text messages, to receive informational, Product or Service related (e.g., progress tracking, refill reminders, checkup reminders, etc.) and marketing communications relating to the Site and Services. Message and data rates may apply. 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 and/or respond to your STOP message by texting you a request to identify services you wish to stop. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your progress and treatment.

9. INTELLECTUAL PROPERTY

These Terms of Use permit you to use the Site exclusively for your personal, non-commercial use only. The Site and all information and content contained therein are protected by contract law and various intellectual property laws, including United States and international copyright and trademark laws.

All pages within the Site and any materials on the Site, including, without limitation, those available for download are the property of Strut or its licensors or suppliers, as applicable. All rights not expressly granted to you in these Terms of Use are reserved and retained by Strut, its licensors, suppliers, publishers, rights holders or other content providers.

The Site, Services and Products or any part of the Site, Services, and Products, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purposes without the express written consent of Strut. You may not frame or utilize framing techniques to enclose, or deep link to, any trademark, logo, or other proprietary information (including images, text, page layout or form) of Strut without express written consent. You may not use any Meta tag or any other "hidden text" using Strut's name or trademark without the express written consent of Strut. You must not reproduce, duplicate, copy, sell, resell, publish, distribute, modify, create derivative works of, publicly perform, publish, republish, store, use, or transmit, in whole or in part, any of the material on our Site, any materials accessed through or made available for use or download through the Site except as approved in writing by Strut. Subject to the restrictions set forth in these Terms of Use, and except for content specifically and expressly made available for redistribution, you may print or download information from the Site only for your personal and other non-commercial use, and not for further reproduction, publication or distribution, provided you keep intact all copyright and other proprietary notices.

10. COPYRIGHT INFRINGEMENT

We disclaim any responsibility or liability for copyrighted materials posted on the Site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

Strut respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to Strut.

Notices of Alleged Infringement for Content Made Available on the Site

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us notice ("Notice") complying with the following requirements.

  • Identify the copyrighted works that you claim have been infringed.
  • Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
  • Provide your mailing address, telephone number, and, if available, email address.
  • Include both of the following statements in the body of the Notice:
    • "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
    • "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
  • Provide your full legal name and your electronic or physical signature.
  • Deliver this Notice, with all items completed, to us to the email address listed in “Contact Information” provided at the end of these Terms of Use.

11. USER INFORMATION

If you submit, upload, post or transmit any health information, medical 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 (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, or (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity. You represent and warrant to Strut and Titan Medical Group that you have the legal right and authorization to provide all User Information to Strut and Titan Medical Group as required by Strut and the Titan Medical Group. You also agree not to edit or otherwise modify any content on the Site that is not owned by you.

12. INFORMATIONAL CONTENT

The information presented on or through the Site is made available solely for informational purposes. We use reasonable efforts to update the information on the Site. However, the contents of the Site are subject to change without notice. We make no representations or warranties as to the accuracy, reliability, completeness, or usefulness of any information on the Site. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

The Site may include content provided by third parties. All statements and/or opinions expressed in these materials, and all content other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Please contact us at the “Contact Information” provided at the end of these Terms of Use if you have questions about the information presented on the Site.

13. THIRD PARTY SITES AND CONTENT

This Site may contain links to other Internet sites that our business partners and other third parties own or operate. Your use of each of those sites is subject to the terms and conditions, if any, that each of those sites have posted. We have no control over third party sites and we are not responsible for any changes to or content on them. Our inclusion of any content is not an endorsement of that material or link or the companies that own or operate the material or linked sites. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk.

14. LINKING TO THE SITE AND SOCIAL MEDIA FEATURES

You may link to the Site’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Site may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Site;
  • Send e-mails or other communications with certain content, or links to certain content, on this Site; and
  • Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
  • You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
  • Establish a link from any website that is not owned by you;
  • Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
  • Link to any part of the Site other than the homepage; or
  • Otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms of Use.
  • You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
  • We may disable all or any social media features and any links at any time without notice in our discretion.

15. RISK ALLOCATION

No Warranties

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY ADVICE OR SERVICES OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE/NON-INFRINGEMENT, QUALITY OF INFORMATION, QUIET ENJOYMENT, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER STRUT NOR TITAN MEDICAL GROUP ANY PERSON ASSOCIATED WITH EITHER STRUT OR TITAN MEDICAL GROUP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, TIMELINESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. NEITHER STRUT NOR TITAN MEDICAL GROUP MAKES ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE.

STRUT AND TITAN MEDICAL GROUP DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF INFORMATION OR CONTENT. STRUT AND TITAN MEDICAL GROUP DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR CONTENT FROM THE SITE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

WITHOUT LIMITING THE FOREGOING, STRUT, TITAN MEDICAL GROUP OR ANYONE ASSOCIATED WITH STRUT OR TITAN MEDICAL GROUP REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY ADVICE OR SERVICES OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY ADVICE OR SERVICES OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. WARRANTIES RELATING TO PRODUCTS OFFERED, SOLD AND DISTRIBUTED BY STRUT MAY BE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY STRUT OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS.

Limitation of Liability

STRUT SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF TITAN MEDICAL GROUP OR THE PROVIDERS. IN NO EVENT WILL STRUT, ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO THE SITE, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY/WRONGFUL DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF STRUT 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 LIMITATIONS OF LIABILITY .

Limitations Period

Any claim related to these Terms of Use or the Site may not be brought unless made within the one-year period beginning on the date when the claim first could be filed. If it is not filed within such time, then that claim is permanently barred.

16. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Strut and its successors and assigns and all of their respective officers, directors, agents, employees, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, obligations, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your use of the Site and any information obtained from the Site; (ii) your breach of this Agreement, including, but not limited to, any use of the Site’s content or services other than as expressly authorized in these Terms of Use; (iii) your violation of any third party right, including, without limitation, any copyright, property right, or privacy right; or (iv) any claim that content provided by you caused damage or loss to a third party. This defense and indemnification obligation will survive your use of the Site and any termination of this Agreement.

17. DISPUTE RESOLUTION; ARBITRATION AGREEMENT

We will try work in good faith to resolve any issue you have with Site, including Products and Services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. 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 Strut 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 Products and Services ordered or purchased through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. 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 Strut 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 Strut.

If you desire to assert a claim against Strut, and you therefore elect to seek arbitration, you must first send to Strut, by certified mail, a written notice of your claim ("Notice"). The Notice to Strut should be addressed to the physical address listed in the "Contact Information" section at the bottom of these Terms of Use ("Notice Address"). If Strut 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 Strut, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Strut and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Strut may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Strut 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 Strut 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 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 Strut 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. Except as expressly set forth in this arbitration agreement, 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 STRUT 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 Strut 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 and for Dallas, Texas.

18. GENERAL

Governing Law

These Terms of Use and all matters arising from them are governed by and construed in accordance with the laws of the State of Texas, exclusive of its choice of law rules,

No Waivers

No waiver by us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition, and any failure by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms of Use without our prior written consent. Any purported assignment or delegation in violation of this prohibition on assignment is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use.

Third Party Beneficiaries

Unless expressly stated in the Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Strut, Titan Medical Group, and its affiliates. Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, Strut, Titan Medical Group, and its affiliates, nor shall any provision give any third parties any right of subrogation or action over against you, Strut, Titan Medical Group, and its affiliates.

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, fire or other disaster.

Notices

We may provide any notice to you under these Terms of Use by: (i) sending a message to the e-mail address you provide, or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail, and notices we provide by posting will be effective upon posting.

To give us notice under these Terms of Use, you must contact us as follows: (i) by sending a message to the “Contact Information” Section provided at the end of these Terms of Use; or (ii) by personal delivery, overnight courier, or registered or certified mail to us at the “Contact Information” Section provided at the end of these Terms of Use. We may update the e-mail address or mailing address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by e-mail or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

Entire Agreement

These Terms of Use, together with any documents expressly referred to in them, including our Privacy Policy, constitute the entire agreement between you and us with respect to the Site, and supersede all previous written or oral agreements.

Reformation and Interpretation

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue in effect.

CONTACT INFORMATION

All feedback, comments, requests for technical support and other communications relating to the Site should be directed to:

In Writing:

Strut Health, LLC

9332 State Road 54, Suite 201

New Port Richey, FL 34655

By Telephone: 1-833-Strut-24

By Email: privacy@strutyours.com

Notifications Dismiss All