Terms of service

Sports Medicine the DIFFERENCE Inc. web site terms of use and legal restrictions

ATTENTION: PLEASE READ THESE WEB SITE TERMS OF USE AND LEGAL RESTRICTIONS ALSO REFERED TO AS “TERMS” CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE.


Use of Site. Sports Medicine the DIFFERENCE Inc. authorizes you to view and download the materials at this Web site (“Site”) only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. The entire content of the Site, including any images or text, is copyrighted and may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, reposted, or otherwise used except as provided herein without the express prior written permission of Sports Medicine the DIFFERENCE Inc. For purposes of these Terms, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited. All product names, regardless of whether or not they appear in large print or with a trademark symbol, are trademarks of Sports Medicine the DIFFERENCE Inc., its affiliates, related companies, or its licensors or joint venture partners unless otherwise noted. The use or misuse of these trademarks, copyrights, or other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, communications regulations and statutes, and other laws, statutes and/or regulations. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials. Sports Medicine the DIFFERENCE Inc. also reserves the right to terminate your authorization to use any services at the Site and to delete any one or more of your related accounts immediately and at any time if you breach or threaten to breach any of these Terms. 

Use of Information and Materials:

The information and materials contained in these pages are subject to change. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination and acceptance by the entity providing such products or services and the provision of such products or services is not an obligation of or guaranteed by Sports Medicine the DIFFERENCE Inc. unless Sports Medicine the DIFFERENCE Inc. is identified as the entity providing such products or services. The Site has been designed to provide general information about Sports Medicine the DIFFERENCE Inc., our products, and related information. These pages are not intended to provide instruction on the appropriate use of products produced, supplied or under development by Sports Medicine the DIFFERENCE Inc., its affiliates, related companies, or its licensors, joint venture partners or other companies. Sports Medicine the DIFFERENCE Inc. shall not be held responsible for any action taken that is based on the information presented on the Site, and all users of the Site agree that all access and use of the Site, and any and all content presented on the Site, is at the user’s own risk. 

 

 

Links to other web sites:

Links to third party Web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. Sports Medicine the DIFFERENCE Inc. has not reviewed these third party sites and does not control and is not responsible for any of these sites or their content. Thus, Sports Medicine the DIFFERENCE Inc. does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk. 

Disclaimer:

NEITHER Sports Medicine the DIFFERENCE Inc. NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF USERS’ ACCESS, USE, OR INABILITY TO USE THE Sports Medicine the DIFFERENCE Inc. WEB SITE OR ANY WEB SITES LINKED TO THIS SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF ANY OR ALL SUCH SITES WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CONTENT PROVIDED AT THIS SITE IS PROVIDED AS IS WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

 

Sports Medicine the DIFFERENCE Inc. further does not warrant the accuracy and completeness of the content at this Site. APL may make changes to the materials and services at this Site at any time without notice. The materials and services at this Site may be out of date and APL makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your location. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.  

 

Customer Communications:

We welcome your comments and feedback. Visitors may post reviews, comments, photos, and other content and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a message or other content. We reserve the right (but not the obligation) to remove or edit such content, but Sports Medicine the DIFFERENCE Inc. does not regularly review posted content. All communications and comments submitted to smthedifference.com are non-confidential. Sports Medicine the DIFFERENCE Inc. reserves the right to use any ideas, concepts, comments, techniques, visuals, suggestions or communications. All comments, feedback, suggestions and submissions shall be and remain Sports Medicine the DIFFERENCE Inc. property.

Product Availability:

Some of the products displayed on the Site may not be available at the time of your search or desired purchase. Any prices listed in the Site are quoted in U.S. dollars.

 

Accuracy:

Though we strive for accuracy, occasionally, the information at smthedifference.com may contain typographical errors, inaccuracies, or omissions in relation to product descriptions, pricing and availability. We apologize for such oversights. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We hope this will not cause you undue inconvenience.


Please note that because the colors you see will depend on your monitor, we cannot guarantee that your monitor will display the exact color of an item displayed. 

Your Account:

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you think that anyone else has obtained unauthorized access to your account, please contact us immediately. If you are under 18, you may NOT use smthedifference.com unless with involvement of a parent or guardian. We may refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Your purchases:

Except where noted otherwise, the price displayed for products on our Site represents the full retail price, not including sales taxes or shipping charges. We cannot confirm the total cost (price plus tax and shipping) of an item until you order. Despite our best efforts, a small number of the items in our web catalog may be mispriced or outdated. If an item's correct price is higher than our stated price, we will either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Risk of Loss:

All items purchased from Sports Medicine the DIFFERENCE Inc. are made pursuant to a shipment contract. We interpret this to mean that the risk of loss and title for such items pass to you when the carrier delivers it to the designated address.

Applicable Laws:

This Site is administered by Sports Medicine the DIFFERENCE Inc. from its offices in Leominster, Massachusetts and this Site and these Terms (including without limitation the validity, construction and performance of duties related to the Terms) will be governed by and construed in accordance with the laws of the United States of America and more particularly the laws of the State of Massachusetts without giving effect to any principles of conflicts of laws. Sports Medicine the DIFFERENCE Inc. makes no representation that materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. You agree that any cause of action or claim that you may have relating to this Site must be made or instituted within 90 days of when the cause of action or claim accrued. 

Note:

Anyone linking to Sports Medicine the DIFFERENCE Inc. web site must comply with the Guidelines for Linking to Sports Medicine the DIFFERENCE Inc. web site and all applicable state, federal, local and international laws. We regard the use of our registered and unregistered trademarks and service marks in metatags and/or hidden text as trademark infringement, and treat the use of these terms in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines as unfair competition. 

General:

Sports Medicine the DIFFERENCE Inc. may revise these terms at any time by updating this posting. You should visit this page from time to time to review the then-current terms because they are binding on you. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

Notice and Procedure for Making Claims of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

 

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest. 

  • A description of the copyrighted work that you claim has been infringed upon. 

  • A description of where the material that you claim is infringing is located on the site.

  • Your address, telephone number, and e-mail address. 

  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.


Sports Medicine the DIFFERENCE Inc. Copyright Agent for notice of claims of copyright infringement on this Site can be reached as follows: 
 

Sports Medicine the DIFFERENCE Inc.

155 Hill Street

Leominster, MA 01453

USA

Effective: April 30, 2017
 
 
Guidelines for Linking to Sports Medicine the DIFFERENCE Inc. web site

ATTENTION: LINKING TO Sports Medicine the DIFFERENCE Inc. WEB SITE INDICATES THAT YOU ACCEPT Sports Medicine the DIFFERENCE Inc. WEB SITE TERMS OF USE AND LEGAL RESTRICTIONS (TERMS) AND THAT YOU WILL ABIDE BY THE GUIDELINES BELOW. IF YOU DO NOT ACCEPT THESE TERMS AND AGREE TO ABIDE BY THESE GUIDELINES, DO NOT LINK TO THIS WEB SITE.

If you link to Sports Medicine the DIFFERENCE Inc. web site, you agree that you at all times may link to, but not replicate, Sports Medicine the DIFFERENCE Inc. content. In addition, you:

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  • Shall not frame or otherwise create a browser or border environment around Sports Medicine the DIFFERENCE Inc. content

  • Shall not imply that Sports Medicine the DIFFERENCE Inc. is endorsing you or your product

  • Shall not misrepresent your or your sites relationship with Sports Medicine the DIFFERENCE Inc.

  • Shall not present false, misleading or inaccurate information Sports Medicine the DIFFERENCE Inc. or Sports Medicine the DIFFERENCE Inc. products or services on your site or otherwise

  • Shall not use the Sports Medicine the DIFFERENCE Inc. logo without express prior written permission from Sports Medicine the DIFFERENCE Inc.

  • Shall not include content on your site that is or could be construed as illegal, distasteful, offensive or controversial, and shall include on your site only content that is appropriate for all age groups

  • Shall not link to an internal or subsidiary page of Sports Medicine the DIFFERENCE Inc. web site that is located one or several levels down from the home page or bring up or present content of this site on another site without Sports Medicine the DIFFERENCE Inc. prior written permission.

  • Shall not be configured in a way that would preclude the user from going back to the host (Sports Medicine the DIFFERENCE Inc.) site using the back button on the browser.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Sports Medicine the DIFFERENCE Inc. (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@sportsmedicinethedifference.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
  • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
  • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Leominster, Massachusetts before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Sports Medicine the DIFFERENCE Inc.’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.