TERMS AND CONDITIONS OF USE
1. Terms of Use

The Workers’ Compensation Referral Portal (WCRP) is a portal developed for referral sources of Results Physiotherapy (hereinafter “RESULTS”).

Services and content provided by the Workers’ Compensation Referral Portal are available to users who are over 18 or their authorized representatives.

To obtain access to WCRP, you must agree to be bound by these Terms of Use, and your use of WCRP or WCRP Services constitutes agreement to the Terms of Use. The most current version of these Terms and Conditions can be accessed at any time by selecting the "Terms of Use" link on the WCRP website. RESULTS may change these Terms of Use from time to time and may notify you of these changes upon login, requiring you to review and accept them before you continue to use WCRP. Your continued use of WCRP after such changes become effective constitutes acceptance of the new terms. If you do not agree to such changed terms, or if at any time you no longer wish to otherwise abide by these Terms of Use, you should not access or use WCRP. RESULTS reserves the right to revoke or deactivate your account at any time for any reason.

Your Account. You represent and warrant that you possess the legal right and ability to enter into this Terms of Use, to register with WCRP under your own name or as an authorized representative, and to use the WCRP Services in accordance with the Terms of Use and to abide by the obligations hereunder. You represent and warrant that you will maintain your username and password in strict confidence. You will not share your username or password with any third party or allow another person to access WCRP using your username and password. You represent and warrant that all information provided to RESULTS in connection with this Agreement, including the process of registration for WCRP, is true, accurate and complete.

Devices used to access WCRP. You specifically agree not to access WCRP from mobile devices, PCs or laptops without sufficient security controls. You agree that you are using and will continue to use at a minimum: current anti-virus definitions, anti-malware software, and operating system updates. You are responsible for installing and maintaining all equipment and systems necessary to access WCRP and for paying all charges related thereto. Passwords. Access to WCRP is enabled only by usernames and passwords. You will choose your username and password when registering for access. You agree to maintain your username and password in strict confidence. You agree that you will not share your username or password with any third party or allow another person to access WCRP using your username and password. You agree that you will immediately notify RESULTS Help Desk (1-800-200-9678) if you have any reason to believe that your username or password has been lost or compromised or misused in any way. You are fully and solely responsible for any and all use of WCRP under your username and password. Resources.

Intellectual Property. You may use material on WCRP and WCRP Services solely for your business, non-personal use. RESULTS retains all right, title and interest in and to the WCRP, WCRP Services and any content, products, documentation, software or other materials on the WCRP website, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing. The information available through WCRP Services is the property of RESULTS and is protected by United States copyright, trademark, and other intellectual property laws. You agree not to sell, publish, broadcast, or circulate the information owned by WCRP received through WCRP Services to anyone, including but not limited to others in your organization for any commercial purpose. Any copy made of information obtained through the WCRP website must include the copyright notice, which states use, reproduction, copying, or redistribution of RESULTS’s trademarks or logos is strictly prohibited without written permission from RESULTS.

2. Legal Notices and Disclaimers.

General Disclaimers. YOU ACKNOWLEDGE THAT YOUR USE OF THE WCRP SERVICES IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED THROUGH THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW RESULTS AND ITS AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES (COLLECTIVELY, "AFFILIATES") HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, RELAYHEALTH AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE WCRP WEBSITE AND OTHER SERVICES PROVIDED HEREUNDER. RESULTS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT: THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED THROUGH THE WCRP SERVICES.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RESULTS NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR ANY SERVICE OFFERED THROUGH THIS WEBSITE OR ANY MATERIAL OR INFORMATION CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED ON THIS WEBSITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF RESULTS IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. TO THE EXTENT CERTAIN JURSIDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY, SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS.

3. General Legal Provisions

Third Party Sites. Although the WCRP website may include links providing direct access to third-party internet sites as a convenience, the inclusion of a link is not nor does it imply an endorsement of the linked site by RESULTS. RESULTS takes no responsibility for the availability or accuracy of content or information contained on those other sites, and does not exert any editorial or other control over those other sites. RESULTS does not take responsibility for the privacy policies and practices of these third-party links. RESULTS reserves complete and sole discretion with respect to the operation of the WCRP Services. RESULTS may, among other things withdraw, suspend or discontinue any or all functionality or feature of the WCRP Services at any time and without notice. RESULTS is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers. RESULTS is not responsible for maintaining data arising from use of the WCRP Services. RESULTS reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to WCRP Services pursuant to its internal record retention and/or destruction policies.

Limitations on Use. General Use: You may not use the website in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive, false, fraudulent, hateful, or otherwise objectionable, in our sole discretion. RESULTS reserves the right to delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.

Security Rules: You may not violate or attempt to violate the security of the website or use the site to violate the security of other website by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user of the website, host or network, including, without limitation, via means of submitting a virus, worm, Trojan horse or other code which is contaminating or destructive to the files or programs of RESULTS or any of its users to the website, overloading, "flooding," "spamming," "mailbombing," or "crashing" the Site, or (d) sending unsolicited email, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. RESULTS may investigate violations of the Terms and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

Specific Prohibited Uses: Without limitation, Results specifically prohibits any use of the website, and you may not use the website, for any of the following: • distributing or otherwise publishing, without our prior approval, any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services; • soliciting other users of the site to join or become members of any online or other service; or • deleting or revising any material posted by any other person or entity.

Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS RESULTS AND ITS AFFILIATES FROM AND AGAINST ALL LOSSES, LIABILITY, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, ARISING OUT OF OR RELATED TO ANY BREACH OF THIS TERMS OF USE, YOUR RELATIONSHIP WITH YOUR PHYSICIAN, ANY NEGLIGENT OR WRONGFUL ACTION OR OMISSION BY YOU RELATED TO YOUR USE OF OR PROVIDING OF SERVICES THROUGH RESULTS, OR ANY NEGLIGENT OR WRONGFUL USE OF THE WCRP SERVICES (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING YOUR ACCOUNT.

Third Party Rights. The indemnification provisions set forth above and the provisions under Section 2 Legal Notices and Disclaimers are for the benefit of RESULTS and its Affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Term and Termination. This Terms of Use shall commence upon the date you first access or use the WCRP Services and/or complete the registration process. Either you or RESULTS may terminate this Terms of Use and your right to use the WCRP Services at any time, with or without cause. This Terms of Use and the licenses granted hereunder shall terminate without notice in the event you (or any authorized person using your account) fail to comply with the terms and conditions of this Terms of Use, or the rules for use of the WCRP Service promulgated by RESULTS from time to time. Upon any termination, you will destroy all copies of RESULTS materials in your possession and cease any access to or use of the WCRP Services.

Notice. RESULTS may provide notice by e-mail to the e-mail address you provided RESULTS in registration, by a general notice on the WCRP website, or by written communication delivered by first class U. S. mail or express courier to your address on record in the WCRP Services account information. You may give notice to RESULTS at any time via electronic mail to webmaster@resultspt.com or by letter delivered by first class postage prepaid U. S. mail or overnight courier to Chief Information Officer, Results Physiotherapy, Suite 600, 800 Crescent Centre Dr., Franklin, TN 37067. Severability. The provisions of this Terms of Use are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.

Entire Agreement. This Terms of Use, together with any RESULTS rules or policies referred to herein, represents the complete agreement between you and RESULTS concerning the subject matter hereof, and it replaces all prior oral or written communications concerning such subject matter. RESULTS may modify this Terms of Use as set forth above.

Assignment. You may not assign, transfer or delegate this Terms of Use or any part of it without RESULTS’s prior written consent. RESULTS may freely transfer, assign or delegate all or any part of this Terms of Use, and any rights and duties hereunder. This Terms of Use will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties.

Governing Law. This Terms of Use shall be governed by and construed in accordance with the laws of the State of Tennessee without giving effect to any choice of law rules or principles. You agree that courts of Williamson County, Tennessee or the Middle District of Tennessee, shall be the sole and exclusive venue for any legal action or proceeding between RESULTS and you for any purpose concerning this Terms of Use. Any cause of action or claim you may have with respect to RESULTS must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable. To the fullest extent permitted by law, each party to this Terms of Use waives its or his or her right to a jury trial with respect to any dispute or other controversy arising from hereunder or your use of or access to the WCRP Services or website.