Vitruvy, LLC
Terms & Conditions
Last updated: August 21, 2024
Vitruvy, LLC (Vitruvy) is an online platform connecting users with specialty care providers, self-assessment tools, symptom resources, and resources surrounding orthopedic wellness.
Your use of https://Vitruvy.com/ (the “Site”) is subject to Vitruvy’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of Vitruvy’s data collection practices.
We reserve the right to change the terms and conditions under which the Site is offered for any reason. The most current version of the terms and conditions will supersede all previous versions. We encourage you to periodically review the terms and conditions to stay informed of our updates.
1. AGREEMENT BETWEEN USER AND VITRUVY, LLC.
Our website consists of several different web pages operated by Vitruvy. When you use the Site, you are entering into a legal agreement and agree to comply with all the terms and conditions set forth herein. These terms and conditions apply to the Site how the Site is to be used. Your use of the Site constitutes your agreement to all such terms and conditions.
Vitruvy is intended to provide users with general information. We do not recommend or endorse any specific professionals, professions, tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided on the Site by us, our employees, providers, or other visitors to the Site is solely at your own risk. Vitruvy is not liable for any action or inaction taken by users based on the information on the Site.
2. USER
By using the Site, all Users agree that they are sharing certain personal health information when using interactive features such as the self-assessment forms. In the event a User decides to schedule a consultation, Vitruvy will send direct communications to User via email containing appointment reminders.
By using the Site, users acknowledge they are over the age of eighteen (18), or that any assessments done by users under the age of eighteen (18) are done by a parent or guardian in order to access scheduling features.
3. LINKS TO THIRD PARTY SITES AND SERVICES.
This Site may contain links to other websites. These websites are not under the control of Vitruvy and we are not responsible for their contents. This includes without limitation any link contained in a third-party website, or any changes or updates to a third-party website. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Vitruvy or any affiliation with the third-party website’s operators.
Certain services made available via the Site are delivered by third-party websites and organizations. By using any product, service, or functionality originating from the Vitruvy.com domain, you hereby acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service, or functionality on behalf of the Site’s users and customers. If you do not want information about you to be shared in this manner, do not use this feature.
4.UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
Users are granted a non-exclusive, non-transferrable, revocable license to access and use the Site strictly in accordance with these terms and conditions. As a condition of your use of the Site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site in any way that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of this Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Vitruvy or our suppliers and protected by all applicable copyright and intellectual property laws and proprietary rights. You agree to observe and comply with all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes to that content.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Our content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Vitruvy and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property or our licensors except as expressly authorized by these Terms.
5. ARTICLES AND RESOURCES.
Vitruvy hires writers to create articles written by professionals that are peer-reviewed. Vitruvy does its best to ensure that any information on our site is aligned with up-to-date medical research and information. The information provided in articles is for informational purposes only, and should not be used for medical advice. Users should seek the advice of their healthcare provider with any questions concerning a medical condition or treatment plan. Vitruvy owns the copyright to all articles uploaded to their site.
6. TERMINATION/ACCESS RESTRICTION.
Vitruvy reserves the right to terminate user access to the Site and the related services or any portion thereof at any time, without notice and solely at our discretion. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois and you hereby consent to the exclusive jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Vitruvy as a result of this agreement or use of the Site. Vitruvy’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Vitruvy’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Vitruvy with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Vitruvy with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Vitruvy with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
7. LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN VITRUVY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
VITRUVY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. VITRUVY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VITRUVY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VITRUVY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
8. CLASS ACTION WAIVER.
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS User IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
The Site is not intended to be a substitute for professional advice. Vitruvy is not liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. Please see the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content. Never disregard professional advice, including medical advice, or delay in seeking it, because of something you have read on the Site.
9. INTERNATIONAL
Vitruvy and this Site are controlled, operated and administered from our offices within the USA. If you access the Site or any of the services offered by Vitruvy from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Vitruvy Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
10. INDEMNIFICATION.
You agree to indemnify, defend and hold harmless Vitruvy, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Vitruvy reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Vitruvy in asserting any available defenses.
We welcome your questions or comments regarding these terms and conditions:
Vitruvy, LLC.
Privacy Department
Email Address:
connect@Vitruvy.com
Effective as of: August 21, 2024