DO NOT USE OUR SERVICES, WEBSITE OR DIRECTORY TO SEEK HEALTH OR REHABILITATION SERVICES FOR SOMEONE WHO IS UNCONSCIOUS, NOT BREATHING OR GASPING FOR AIR, OR DISPLAYING ANY OTHER SYMPTOMS THAT REQUIRE IMMEDIATE OR EMERGENT MEDICAL ATTENTION.  CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM (ER) IMMEDIATELY IF YOU HAVE AN EMERGENT MEDICAL NEED.

Emerge and See, LLC and its predecessors, successors, licensors, beneficiaries and/or affiliates (collectively “Emerge” or “we”) welcome you to utilize the rehabilitation services provider directory maintained at <emergeandsee.com> either by accessing it through the Internet or with the help of a Representative, as defined below, reached by calling Emerge’s toll-free telephone number for assistance navigating the Emerge website.  By using the Directory, you agree to be bound by the terms of service set forth below (the “Agreement”).

If you do not agree to all of the terms of this Agreement, do not use the Directory or our Services.  Emerge may revise and update this Agreement at any time.  Your continued use of the Directory or our Services will mean you accept the revised Agreement.  All references to the “Directory” in this Agreement shall be construed to also include our Website (if applicable).

Emerge and See’s Services

Emerge and See (“Emerge”) maintains an informational and educational website (the “Website”) including a directory featuring contact information of appropriately licensed providers of rehabilitation services (the “Directory”) who have paid for their information to be listed (each a “Customer”), as well as a customer service line staff by non-clinical customer service representatives (each a “Representative”) providing educational services and customer support to individuals interested in rehabilitation services (collectively, the “Services”).  There are also advertisements on the Emerge website, which may include advertisements for rehabilitation services providers who are Emerge Customers, which advertisements are paid for by such Customers (each an “Advertisement”).

Individuals interested in locating qualified rehabilitation services providers can access the Directory through the Internet, and obtain contact information for qualified rehabilitation services providers, who they may then decide to contact (or not contact) based entirely on their own, independent judgment. When individuals interested in rehabilitation services call Emerge’s customer service line, a Representative will answer the telephone and provide educational services to the caller upon request and be available to assist the caller in navigating the Directory.

Privacy

We respect your privacy and a complete statement of our current privacy policy can be found here (“Privacy Policy”).  Our Privacy Policy is expressly incorporated into this Agreement by this reference.

IMPORTANT HEALTH AND MEDICAL NOTICES AND DISCLAIMERS

THE DIRECTORY IS A SOURCE OF INFORMATION REGARDING QUALIFIED REHABILITATION SERVICES PROVIDERS.  NO MEDICAL CARE OR ADVICE SHALL BE PROVIDED DIRECTLY TO YOU FROM OUR DIRECTORY OR THROUGH ANY OF OUR SERVICES.

BY USING THE DIRECTORY OR OUR SERVICES YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT EMERGE IS NOT A MEDICAL ORGANIZATION, REHABILITATION SERVICES PROVIDER, OR STAFFED BY MEDICALLY TRAINED PERSONNEL. PLEASE NOTE THAT EMERGE’S EMPLOYEES AND PERSONNEL CANNOT PROVIDE YOU WITH MEDICAL ADVICE OR RECOMMEND A REHABILITATION SERVICES PROVIDER, AND NOTHING THAT YOU MAY READ IN OR THROUGH THE USE OF THE DIRECTORY OR OUR SERVICES SHOULD BE CONSTRUED AS MEDICAL ADVICE OR RECOMMENDATION OR REFERRAL.

BY USING THE DIRECTORY OR OUR SERVICES YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT EMERGE IS NOT REFERRING YOU OR ANY INDIVIDUAL FOR WHOM YOU ARE RESPONSIBLE TO A REHABILITATION SERVICES PROVIDER, THAT EMERGE IS NOT IN A POSITION TO RECOMMEND ANY REHABILITATION SERVICES PROVIDER, AND THAT SHOULD YOU OR ANY OTHER INDIVIDUAL SELECT A REHABILITATION SERVICES PROVIDER FROM THE DIRECTORY, THAT YOU OR SUCH INDIVIDUAL SHALL BE SELF-SELECTING SUCH REHABILITATION SERVICES PROVIDER, BASED SOLELY ON THE INDEPENDENT EXERCISE OF YOUR (OR THEIR) OWN JUDGMENT.

Limitations on Use

The Directory, including, the content, metadata, design, organization, compilation, look and feel, the source, object and HTML code and all other protectable intellectual property available through the Services and/or comprising the Directory (the “Proprietary Materials”) are the property of Emerge or the property of our Customers and are protected by copyright and other intellectual property laws.   All rights regarding the Proprietary Materials not expressly granted in this Agreement are reserved by Emerge.  You may view, copy or print pages from the Website solely for personal, non-commercial purposes. You may not otherwise copy, display, publish, transmit, or exploit content of the Website or link to the Website without Emerge’s prior written consent. As a condition of your use of the Website, you warrant that you will not violate any local, state, federal, or international laws in accessing or using the Website, or use the Website or any of its content for any purpose that is prohibited by these Terms of Use.

Notice for Claims of Copyright Violations

If you are a copyright owner and you believe your work has been copied and used improperly on our Website, please contact our management.  Pursuant to 17 U.S.C. § 512(c), to be effective, the notification to us must include the following information: (1) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) description of the work you claim has been infringed and the description and location of the alleged infringement on the Limeade Site; (3) your contact information including address, telephone number and e-mail address; (4) a written statement that you have a good faith belief the accused usage is infringing; and (5) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner.

Please send the written communication to us at the following address: [INSERT ADDRESS]

We reserve the right, in appropriate circumstances and at our discretion, to terminate the privileges of any account holder who repeatedly infringes the copyrights or other intellectual property rights of others.

Disclaimer of Warranties

YOU USE THE DIRECTORY, THE SERVICES, INCLUDING A REHABILITATION SERVICES PROVIDER’S SERVICES, AND OUR WEBSITE AT YOUR OWN RISK.  EMERGE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR EFFICACY OF THE CONTENT OF THE WEBSITE AND DIRECTORY,  AND ASSUMES NO LIABILITY OR RESPONSIBILITY TO YOU OR ANY INDIVIDUAL FOR WHOM YOU ARE RESPONSIBLE FOR ANY ERRORS, MISTAKES, OR INACCURACIES IN SUCH CONTENT OR IN THE SERVICES PROVIDED BY EMERGE OR THE SERVICES AND INFORMATION AND ADVICE PROVIDED BY A REHABILITATION SERVICES PROFESSIONAL, A REHABILITATION SERVICES FACILITY, OR THROUGH OUR DIRECTORY OR WEBSITE.  YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE DIRECTORY, SERVICES, OUR WEBSITE, ANY REHABILITATION SERVICES PROVIDER AND THE CONTENT AND SERVICES AVAILABLE THROUGH THE FOREGOING IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND EMERGE SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  EMERGE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES AVAILABLE THROUGH THE DIRECTORY OR OUR WEBSITE, INCLUDING WITHOUT LIMITATION THE AVAILABILITY, USE, OR RESULTS OF SERVICES PROVIDED BY ANY INDEPENDENT REHABILITATION SERVICES PROVIDERS AND/OR ANY INDEPENDENT REHABILITATION SERVICES FACILITIES.  IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN EMERGE’S LIABILITY AND RESPONSIBILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Limitations of Liability

In no event shall EMERGE be liable for any direct, indirect, incidental, special, exemplary, consequential, or punitive damages (INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, OR LOSS OF DATA) IN CONNECTION WITH OR ARISING FROM (i) YOUR USE OF OR INABILITY TO USE THE WEBSITE, ANY OF ITS CONTENT, ANY THIRD-PARTY SITES OR CONTENT LINKED FROM THE DIRECTORY, OR (ii) YOUR CONNECTIVITY WITH THE directory OR ANY THIRD-PARTY SITES LINKED FROM OR REFERENCED THEREBY.

Disclaimers Regarding Medical Practice, Health Care Professionals, and Health Care Facilities

EMERGE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, ABILITY OR THE EFFICACY, ACCURACY, COMPLETENESS, TIMELINESS OR RELEVANCE OF THE INFORMATION PROVIDED BY ANY REHABILITATION SERVICES PROVIDED AND/OR THE SERVICES PROVIDED BY SAID REHABILITATION SERVICES PROVIDERS OR HEALTH CARE PROFESSIONALS OR BY THIRD PARTIES FEATURED ON OR THROUGH THE DIRECTORY, SERVICES OR OUR WEBSITE.

ALL INTERACTIONS WITH REHABILITATION SERVICES PROVIDERS ARE BETWEEN YOU AND THE QUALIFIED REHABILITATION SERVICES PROVIDER.  BY USING THE DIRECTORY, YOU AGREE NOT TO HOLD EMERGE LIABLE IN ANY WAY FOR ANY MALPRACTICE OR SUBSTANDARD TREATMENT ANY REHABILITATION SERVICES PROVIDER MAY RENDER TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE.  IN NO EVENT SHALL EMERGE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU, ANY MINOR FOR WHOM YOU ARE RESPONSIBLE,  OR ANYONE ELSE IN CONNECTION WITH YOUR USE OF THE DIRECTORY, SERVICES OR OUR WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF ANY INFORMATION, PROGRAM OR SUGGESTION PROVIDED TO YOU BY A REHABILITATION SERVICES PROVIDER OR COMMUNICATIONS OR MEETINGS BETWEEN OR AMONG YOU, ANY MINOR FOR WHOM YOU ARE RESPONSIBLE, AND ANY REHABILITATION SERVICES PROVIDER OR ANY OTHER PERSONS YOU MEET THROUGH THE DIRECTORY, SERVICES OR OUR WEBSITE.

Indemnification

You agree to defend, indemnify, and to hold harmless Emerge, together with its officers and directors, from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and attorneys’ fees on account thereof) arising, resulting from or relating to: (a) your use of the Directory, Services or our Website or your inability to use the Directory, Services or our Website; or (b) an allegation that you violated any representation, warranty, covenant or condition in this Agreement.  Your agreement to defend, to indemnify, and to hold Emerge (and its officers and directors) harmless applies whether a claim against Emerge is based in contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third party right, a claim that the Directory, Services and/or our Website caused damage to you or to any third party and/or your use and access to the Directory, Services and/or our Website.  This indemnification section shall survive your termination of or cessation of use of the Directory, Services and our Website.

Third-Party Websites, Products and Services

The Directory, Services and/or our Website may link to or promote websites, products and/or services from other companies, such as rehabilitation services providers, or offer you the ability to download software from other companies.  You agree that Emerge is not responsible for, and does not control, those websites or any third party products or services.  Emerge encourages you and any minor for whom you are responsible to be aware of this when you leave the Website or Directory or click on links controlled by third parties, and to read the legal notices and privacy policies of each and every location you visit.  Your use (or that of any minor for whom you are responsible) of a third party product, service or website will be subject to such third party’s terms of use, privacy policy and any other applicable terms and conditions.  To the extent that any content accessed through the Directory, Services or our Website is expressed or made available by any third party, such content, including any opinions, advice, statements, services, offers, or other communications, are solely those of the third party author(s) or distributor(s), and are in no way endorsed by Emerge.

Governing Law and Choice of Forum

This Agreement contains the final and entire agreement between us regarding your use of the Directory, Services and our Website for yourself, a member of your household or for any minor for whom you are responsible, and supersedes all previous and contemporaneous oral or written agreements regarding your use of the foregoing.  The provisions of this Agreement shall be severable, and if any provision of this Agreement is held to be invalid or unenforceable, it shall be construed to have the broadest interpretation, which would render it valid and enforceable.  No amendments, modifications or waivers to this Agreement shall be valid unless in writing and signed by all Parties.  We may discontinue or change the Directory, Services and/or our Website, or its/their availability to you, at any time.  You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of California, United States of America applicable to contracts made entirely within California and wholly performed in California, without regard to any conflict or choice of law principles.  The sole and exclusive jurisdiction and venue for any litigation arising out of this Agreement or in any way related to the Application will be an appropriate federal or state court located in Los Angeles, California.  This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Assignments

Emerge may assign its rights and obligations under this Agreement.  This Agreement will inure to the benefit of Emerge’s successors, assigns and licensees.  The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under the Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

Third Party Information

To the extent that any content accessed through the Directory, Services or our Website is expressed or made available by any third party, such content, including any opinions, advice, statements, services, offers, or other communications, are solely those of the third party author(s) or distributor(s), and are in no way endorsed by Emerge.