Select Medical Terms of Service
Last Updated: 2/18/26
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PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICES OR CONTENT OR OTHERWISE AGREEING TO THESE TERMS, YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECOGNIZE THAT YOU MAY BE WAIVING CERTAIN RIGHTS.
The following Terms of Service (the “Terms”) govern the use of our online interfaces, such as our website and applications, which are owned and controlled by Select Medical Corporation including the Select Medical Family of Brands (“Select Medical,” “we,” “us,” or “our”) and apply to your access and use of the services made available via any Select Medical websites (“Websites”), any Select Medical mobile app (“App”), and where these Terms are posted (all hereinafter collectively, “Services"). Select Medical Family of Brands, which include our affiliates and subsidiaries as well as our joint venture partnerships are listed here. These Terms do not apply where another set of terms are posted.
YOUR CONTINUED USE OF THE SERVICES IS SUBJECT TO YOUR CONTINUED COMPLIANCE WITH THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE THE SERVICES.
If you use the Services in any way after a change to the Terms of Service is effective, that means you agree to all of the changes.
We are committed to making the Services accessible for all users, and will continue to take steps necessary to ensure compliance with applicable laws. If you have difficulty accessing any content, feature, or functionality of the Services, please contact us.
Table of Contents
- Highlights of these Terms
- COMPLETE AGREEMENT
- USE OF SERVICES
- SERVICES
- OUR INTELLECTUAL PROPERTY RIGHTS
- YOUR AUTHORIZED USE OF OUR SERVICES
- DOWNLOADS
- MOBILE APPLICATIONS
- ACCOUNTS
- THIRD-PARTY CONTENT AND LINKS
- CONTENT SUBMITTED BY YOU
- UPDATES TO THESE TERMS
- OTHER POLICIES
- IMPORTANT LEGAL TERMS
- DISPUTES, ARBITRATION AND CLASS ACTION WAIVER
- TERMS FOR USERS IN CERTAIN GEOGRAPHIC LOCATIONS
- CONTACTING US
Highlights of these Terms
These Terms are a legal agreement exclusively between you and Select Medical governing your use of our Services. By continuing to use our Services, you agree that such use is legally sufficient consideration under these Terms.
This Highlights section is intended to provide you with a basic overview of the contents of these Terms. However, please read these entire Terms for a complete understanding of the terms you are agreeing to. The meaning of capitalized words in this Highlights section can be found in the full Terms. If there is a conflict between the terms of this Highlights section and the terms of the full Terms, the terms of the full Terms control.
- Use Of Our Services
- In order to use our Services, you must (i) be over the age of eighteen (18), and (ii) if you are creating an Account, you are physically located or are a resident of the state you select as your current residency (if applicable).
- It is important that you provide us with accurate information and that you keep your Account up to date.
Read more about our Services.
- Our Rights
- All of the Content on our Services is protected by intellectual property rights―you may only make limited use of the Content you find on the Services.
- We may change the Services provided and/or advertised at any time without notice.
- We may block you from accessing our Services, block or delete your User Content, or terminate your Account for any reason.
- We are not liable for third-party content hosted on our Services, external websites linked to or from our Services, or errors regarding Service information, availability or promotional offers.
Read more about our rights and control of our Services and Content.
- Your Use of Our Services
- Unless otherwise indicated, you only may use our Services and our Content for your personal use as an individual.
- While on our Services, you may not violate any laws, infringe any rights, threaten, harass or impersonate others, or take other actions that harm us or other people or parties.
- You must not attempt to bypass security protections on our Services, introduce viruses or other harmful code, or use our Services to attack other websites or services.
- If you register for an Account on the Services, you should keep your password confidential and not allow other people to use your Account.
Read more about what you can and cannot do on our Services.
- Your Content
- If you send us or upload User Content to our Services, we may use that User Content for any purpose, including commercial uses, product development, and advertising. Personal information will be handled in accordance with our Privacy Policyand Notice of Privacy Practices.
- You should not send us User Content that (i) you want to keep confidential or (ii) you do not have the rights to share.
- Uploading or providing information to use through the Services does not create a doctor-patient relationship.
Read more about the Content you transmit to us or through our Services.
- Important Things to Know
- By using the Services, you consent to the terms of these Terms.
- We may update these Terms from time to time, and we will use reasonable efforts to provide you with notice of these updates if they are material.
- If you do not agree to these Terms as modified, then you must discontinue your use of our Services. Your continued use of the Services will signify your continued agreement to these Terms as revised.
- THESE TERMS CONTAIN LIMITATIONS ON OUR LIABILITY TO YOU, IMPORTANT DISCLAIMERS OF WARRANTIES, AND INDEMNIFICATION OBLIGATIONS BY YOU.
- THESE TERMS GOVERN HOW DISPUTES WITH US WILL BE HANDLED, INCLUDING USING BINDING ARBITRATION WITH A CLASS ACTION WAIVER.
- Your use of the Services may be governed by additional terms and conditions applicable to certain features or promotions. You should also read our Privacy Policyand Notice of Privacy Practices.
- These Terms contain information about how you can contact us regarding complaints, questions or copyright infringement claims.
COMPLETE AGREEMENT
USE OF SERVICES
The Services may allow you to sign up for various promotions, email newsletters, access blogs and other informational material, locate Select Medical health services providers, participate in conferences that we plan and manage, or create certain Accounts (defined below) and engage in our community. If you are using the Service, you hereby certify that you are (i) over the age of eighteen (18), and are (ii) if you are creating an Account, you are physically located or are a resident of the state you select as your current residency.
SERVICES
We may make improvements and/or changes to Services, add new features, or terminate the Services at any time without notice. We also: (i) reserve the right to change the Services at any time without any notice or liability to you or any other person; (ii) do not warrant that information on the Services is accurate, complete, reliable, current or error-free; and (iii) reserve the right to modify, cancel, or terminate Services for any other reason in our sole discretion. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you. Unless otherwise indicated, Services are intended for end use in the United States and are not labeled or intended for international distribution.
OUR INTELLECTUAL PROPERTY RIGHTS
All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, images, sounds, videos, photographs and other content appearing in or on the Services (collectively, the “Content”) are protected intellectual property of, or used with permission or under license by, our Select Medical. Such Content may be protected by copyright, trademark, patent or other proprietary rights and laws. This includes the entire Content of the Services, copyrighted and protected as a collective work. All intellectual property rights associated with the Services, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title or interest in any Content by accessing or using the Services. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available on the Services is strictly prohibited.
Subject to your compliance with these Terms, we grant you a limited license to access and use the Services and the Content for personal and informational purposes. No Content from the Services may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without written permission of the rights owner, except that you may download or print one copy of specific Content made available for your downloading or printing for your personal, non-commercial home use, subject to your compliance with these Terms and retain the same solely for as long as you continue to be permitted to access the Services. To use Content under such an exception, you must (i) keep any copyright, trademark, or other proprietary notices intact, (ii) use such Content pursuant to any licenses associated with such Content, (iii) not copy or post such Content on any networked computer or broadcast it in any media, (iv) make no modifications to any such Content, and (v) make no additional representations or warranties relating to such Content. Except as otherwise expressly authorized herein or in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of the Services or the Content.
YOUR AUTHORIZED USE OF OUR SERVICES
While using the Services, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You may not use the Services for any fraudulent or unlawful purpose, and you may not take any action to interfere with the Services or any other party’s use of the Services. In addition, we expect users of the Services to respect the rights and dignity of others. For example, you may not do any of the following:
- Post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through the Services any content that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising;
- Post to or transmit through the Services any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us;
- Reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Services, or express or imply that we endorse any statement you make;
- Violate, or attempt to violate, the security of the Services;
- Disseminate on the Services any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
- Reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Services;
- Build a competitive product or service using the Services, build a product or service using similar ideas, features, functions, or graphics as the Services or determine whether the Services are within the scope of any patent;
- Interfere in any manner with the operation or hosting of the Services or monitor the availability, performance, or functionality of the Services;
- Deep link to the Services for any purpose or frame the Services, place pop-up windows over any content, or otherwise affect the display of the Services;
- Use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Services or to collect any information from the Services or any other user of the Services; or
- Assist or permit any third-parties in violating these Terms or other applicable laws or rules governing the use of the Services.
Linking: You are granted a limited, non-exclusive right to create text hyperlinks to the Services for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking Site does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising. Additionally, notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Services’ root directory, we grant to the operators of public search engines permission to use spiders to copy Content from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such Content, but not caches or archives of such Content. We may revoke these permissions at any time.
DOWNLOADS
Services may allow you to download certain Content and other information or materials. Select Medical makes no representation that such downloads will be error or malware free or fit for a particular purpose. Certain downloads may be subject to a separate agreement either with Select Medical or a third party, for example an agreement with a mobile application store.
MOBILE APPLICATIONS
Our Apps may be available via a third-party service such as an application store. Your use of the third-party service may be subject to additional terms related to that service from the service provider (“App Store Provider”). WE ARE NOT LIABLE IN ANY WAY FOR, AND MAKE NO REPRESENTATIONS OR WARRANTIES RELATING TO, ANY SUCH THIRD-PARTY SERVICE OR ANY CLAIM OR DAMAGE RESULTING FROM YOUR USE OF SUCH THIRD PARTY SERVICE.
When you use the App, you are subject to additional terms from the App Store Provider. These terms may give us, and the App Store Provider, additional rights while posing additional obligations or restrictions on you. Please review such terms, you are solely responsible for reviewing and understanding those terms and ensuring you have the latest version.
If you downloaded the App from the Apple “App Store,” you are subject to Apple’s Licensed Application End User License Terms, available at: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/.
If you downloaded the App from the “Google Play” store, you are subject to the Google Play Terms of Service available at: https://play.google.com/about/play-terms/index.html. If you used a different third-party service, check with the applicable App Store Provider to determine what additional terms may apply.
You acknowledge that these Terms and your use of the App is between you and us only, and not with any App Store Provider or its affiliates or subsidiaries. As between us and an App Store Provider, we are solely responsible for the App and its Content. If anything in these Terms conflicts with any usage rules for the App from an App Store Provider, such terms from the App Store Provider control (only so far as those terms conflict with these Terms, and then exclusively for your use of the App). All rights you have to use the App are for use only on appropriate products (which may require branding from the App Store Provider or other entities) and are non-transferable, except that the App may be accessed and used by other accounts associated with you via features like Apple’s Family Sharing (or similar features from other App Store Providers) or volume purchasing. We are solely responsible for providing any maintenance and support services for the App, as specified in these Terms or as required under applicable law. No App Store Provider has any obligation whatsoever to furnish any maintenance and support services for the App, nor any warranties for the same.
WE DISCLAIM ALL WARRANTIES RELATED TO ANY APP INCLUDING BUT NOT LIMITED TO INTERRUPTION OF SERVICE, DEFECTS IN SERVICES, DELAYS IN CONNECTIVITY, OR FAILURES TO TRANSMIT INFORMATION.
In the event that the App fails to conform to any applicable warranty that we cannot disclaim according to applicable law, you may have the right to notify the App Store Provider, and the App Store Provider may refund the purchase price for the App. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO APP STORE PROVIDER WILL HAVE ANY OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE MOBILE APP, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY IS OUR RESPONSIBILITY.
We, not the App Store Provider, are responsible for addressing any claims relating to the App, including, but not limited to (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, (iv) claims that the App infringes a third party’s intellectual property rights as well as the investigation, defense, settlement and discharge of any such intellectual property infringement claim. By using the App, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that the App Store Provider, and its subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms and your use of the App, the App Store Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary.
ACCOUNTS
Our Services allow you to register for client portal accounts specific to the provision of Services such as through the CHET community (“Account”).
In general, you are not obligated to register for an Account in order to access the Services. However, certain sections and features of some of the Services are available only to users who have registered for an Account (“Registered Users”). We may reject, and you may not use, a user ID (or e-mail address) for any reason at our sole discretion. For example, we may reject a user ID (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; or that is offensive. You may only have one active Registered User Account on each Site at any given time and you may not allow other people to use your Account to access the Services or participate in Services.
If you are a Registered User, we expect you to accurately maintain and update any information about yourself that you have provided to us. By using the community features such as through our CHET community, you agree to have accurate contact information documented in your Account.
You agree that you are responsible for all activities under your Account, and for maintaining the confidentiality of your password and restricting access to your computer so others may not access the Services in violation of these Terms. In addition, you agree to sign out from your Account at the end of each session if you are using a device that is shared with other people.
You agree to notify us of any unauthorized use of your Registered User username, log-in ID, password or any other breach of security that you become aware of involving or relating to the Services by contacting us as soon as possible. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of our Services and your Account, including without limitation, terminating your Account, changing your password or requesting information to authorize transactions on your Account. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
THIRD-PARTY CONTENT AND LINKS
Some Services may contain blogs with advice, including medical advice. Some of these statements are not written by us and do not represent our opinion. Any information, statements, opinions or other information provided by third parties and made available on our Services are those of the respective author(s) and not us. We do not guarantee the validity, accuracy, completeness or reliability of any opinion, advice, service, offer, statement or other third-party Content on our Services.
Information on Services should not be taken as medical advice or suitability for treatment of a medical condition. You should always consult a qualified physician for matters related to your health.
Similarly, Services may present you with information on events, charitable causes, and the like. This is presented for informational purposes only and should not be considered our endorsement of the same.
WE HEREBY DISCLAIM ANY REPRESENTATION OR WARRANTY CONTAINED IN ANY TESTIMONIAL, BLOG, DESCRIPTION, OR OPINION POSTED ON ANY SITE TO THE MAXIMUM EXTENT ALLOWED BY LAW. CLAIMS CONTAINED IN TESTIMONIALS, BLOGS, DESCRIPTIONS, OR OPINIONS HAVE NOT BEEN SUBSTANTIATED SCIENTIFICALLY. YOU UNDERSTAND THAT NONE OF OUR SERVICES PROVIDE MEDICAL ADVICE, MAKE CLAIMS ABOUT DRUG EFFECTIVENESS, OR DETAIL TREATMENTS FOR SPECIFIC ILLNESSES OR AILMENTS.
Third-Party Links
We may provide on the Services, solely as a convenience to users, links to websites, social media pages, mobile applications or other services operated by other entities. If you click these links, you will leave our Services. If you decide to visit any external link, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked Services or the information appearing thereon or any of the products or services described thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked Site is authorized to use any of our trademarks, logos or copyright symbols.
We may maintain a presence on and link to social media websites, including Facebook, LinkedIn, Google Plus, Twitter, YouTube, Pinterest and Instagram, and others (collectively, “Social Media Pages”), to provide a place for people to learn more about us and our Services and to share experiences with us. When you visit these Social Media Pages, you are no longer on our Site, but rather a website operated by a third party. All comments, visuals and other materials posted by visitors to our Social Media Pages do not necessarily reflect our opinions, values or ideas. All visitors to our Social Media Pages must comply with the respective social media platform’s terms of use.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SERVICES AND RESOURCES.
CONTENT SUBMITTED BY YOU
You are responsible for any information, text, images, videos or other materials or content that you upload to us or transmit through our Services or through our managed social media accounts (“User Content”). You agree, represent and warrant that any User Content you transmit through our Services is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such User Content. You shall not upload or otherwise make available on or through the Services any User Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content. Additionally, uploading or providing information to use through the Services does not create a doctor-patient relationship.
PLEASE DO NOT POST OR SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. By sending any ideas, concepts, know-how, proposals, techniques, suggestions or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose, (ii) such User Content will be deemed not to be confidential or proprietary (iii) we may have something similar already under consideration or in development, and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep User Content confidential unless explicitly stated.
User Content License
By submitting User Content to us directly or indirectly (including through any use of third party social media platforms directed at us), you grant to us (or warrant that the owner of such information and material has expressly granted to us) a royalty-free, perpetual, sublicensable, irrevocable, and unrestricted right and license: (a) to use, reproduce, display, modify, adapt, publish, perform, translate, transmit and distribute or otherwise make available to others such User Content (in whole or in part and for any purpose) worldwide; (b) to incorporate such User Content in other works in any form, media, product, service or technology now known or hereafter developed for any purpose, including sale, manufacture or advertising (and to exercise all intellectual property rights associated with such products or other works); and (c) to use your name, screen name, location, photograph, avatar, image, voice, likeness and biographical information provided in connection with the User Content in any and all media and for advertising or promotional purposes. Additionally, you irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of your User Content that you may have under any applicable law or legal theory. Notwithstanding the foregoing, please note that any personally identifiable information you submit to us through our “contact us” forms, Account pages, or other forms that are intended to be confidential will be handled in accordance with our Privacy Policyand Notice of Privacy Practicesand will not be publicly disclosed, except as described in our Privacy Policyand Notice of Privacy Practicesor otherwise approved by you.
Interactive Chat and Chatbots
Some of our Services may have chat, live support, instant messaging, or similar functionality to serve you better (“Chats”). Chats may allow you to speak to a human representative, a Chatbot (as defined below), or some combination of the two. You should review our Privacy Policyand Notice of Privacy Practicesto learn how we treat information that could identify you gathered via a Chat. If you are signed in to an Account while using a Chat, the Chat may link the Account information with you or the Chat interaction. You may not impersonate or attempt to gain information regarding another individual via a Chat. Information provided via a Chat may be inaccurate, and Chats may not always be available or error-free. Chats may be provided by third parties, and you may be entering into a contractual agreement with those third parties when you use the Chat. You should refer to the applicable Chat and its hyperlinks to learn more.
Chats may use interactive, automated computer programs and similar technologies to provide customer service via the Chat (“Chatbots”). Chatbots often work by using “natural language processing” technology to understand your questions and inputs and respond to them with relevant information or follow-up inquiries. Our Chatbots typically identify that you are interacting with a computer program and not a human, sometimes by a “Powered by…” or a similar legend in the Chat or by setting up the Chat in such a way that it's apparent that a Chatbot is used. Chatbots use technology may respond to your inputs without human intervention. Although Chatbots are automated, your inputs and responses may be viewed and accessed by our real people, possibly in real time. Be aware that some Chatbots may connect you to one of our human representatives. Information collected via Chats is subject to our Privacy Policyand Notice of Privacy Practices. Be aware that communications may be monitored for quality assurance and other purposes. All information you provide to us for purposes of support is considered User Content.
Copyright Infringement Notices
It is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). This section describes the information that should be present in these notices and the take down procedure we follow with respect to allegedly infringing material. If we receive proper notification of claimed copyright infringement, our response to these notices may include removing or disabling access to the allegedly infringing material and/or terminating or suspending users. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the provider of the allegedly infringing content so that they may make a counter notification pursuant to the DMCA. It is our policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect their copyrighted works that we determine are reasonable under the circumstances.
If you believe that any Content on the Services infringes upon any copyright which you own or control, you may send a written notification to our designated copyright agent (the “Designated Agent”), identified below, with the following information:
- A description of the copyrighted work or other intellectual property that you claim has been infringed, with sufficient detail so that we can identify the alleged infringing material;
- The URL or other specific location on the Site that contains the alleged infringing material described in (a) above, with reasonably sufficient information to enable us to locate the alleged infringing material;
- Your name, mailing address, telephone number and email address;
- The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
- 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; and
- A statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
Designated Agent:
Copyright Manager
Address:
Select Medical Corporation
Attn: General Counsel
4714 Gettysburg Road
Mechanicsburg, PA 17055
To notify the provider of the allegedly infringing material to which we have removed or disabled access, we may forward a copy of your infringement notice, including your name and email address to the provider of the allegedly infringing material.
We may terminate users who, in our sole discretion, are deemed to be repeat infringers. Knowingly misrepresenting in a notification that material is infringing can subject you to damages, including costs and attorneys’ fees, incurred by us or the alleged infringer. If you receive an infringement notification from us, you may file a counter notification pursuant with our Designated Agent pursuant to the DMCA. To file a counter notification, please provide our Designated Agent with the following information:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled;
- Your name, mailing address, telephone number and email address;
- The following statement: "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which Client address is located]";
- The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
- The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
- Your signature, in physical or electronic form.
Upon receipt of valid counter notification, we will promptly provide the person who provided the original infringement notification with a copy of your counter notification and inform that person that we will replace the removed material or cease disabling access to it in ten (10) business days. Further, we will replace the removed material and cease disabling access to it not less than ten (10), nor more than fourteen (14), business days following receipt of your counter notice, unless Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Site.
UPDATES TO THESE TERMS
We may revise or otherwise change or update these Terms from time to time. We will use reasonable efforts to notify you of such changes. However, please check the “Last Updated” legend at the top of this page to see when these Terms was last revised. When changes are made to these Terms they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review these Terms―there may have been changes to our policies that may affect you. If you do not agree to these Terms as modified, then you must discontinue your use of our Services. Your continued use of the Services will signify your continued agreement to these Terms as revised. We will make reasonable efforts to notify you of material changes to these Terms. Such efforts might include posting notice on the Site, an email to the address we have on file, or a message in your Account.
We may assign these Terms at any time with or without notice to you. You may not assign or sublicense these Terms or any of your rights or obligations under these Terms without our prior written consent.
OTHER POLICIES
These Terms apply exclusively to your access to, and use of, the Services and does not alter in any way the terms or conditions of any other agreement you may have with us. Additional policies and terms may apply to use of specific Services and are included as part of these Terms whether they reference these Terms or not.
Other policies and agreements are typically found by navigating the Site, typically by checking Site headers and footers and by reviewing hyperlinked terms at the point of sale.
We have also adopted a Privacy Policyand Notice of Privacy Practicesthat you should refer to in order to fully understand our privacy practices including how we use and collect information.
Should we employ you, none of the materials provided on the Services constitute or should be considered part or of an employment contract or an offer for employment.
IMPORTANT LEGAL TERMS
Termination
The Services and these Terms are in effect until terminated by you or us. We may terminate these Terms by notifying you using any contact information we have about you or by posting such termination on the Services, including in your Account. You may terminate these Terms by providing written notice of termination, including your detailed contact information and any Account information or other Site credentials, to us using the information in the Contact Ussection, and you must cease using the Services. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to the Services or any of its features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. We may be protected for liability from these actions under the Communications Decency Act, 47 U.S.C. § 230.
The provisions of these Terms concerning protection of intellectual property rights, authorized use, user submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.
Upon any such termination, (i) you must destroy all Content obtained from the Services and all copies thereof; (ii) you will immediately cease all use of and access to the Services; (iii) we may delete or disable access to any of your User Content at any time; (iv) and we may delete your Registered User Account at any time. You agree that if your use of the Services is terminated pursuant to these Terms, you will not attempt to use that Site under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore. Your use of the Services after termination will be a violation of this Section, which survives any termination.
Children
Our Services are not designed to appeal to minors, and we do not knowingly attempt to solicit or receive any information from children under thirteen (13). YOU MUST BE AT LEAST 13 TO ACCESS AND USE OUR SERVICES. If you are under the age of majority in your home state, which is eighteen (18) years in most states, you may not establish an Account without the supervision of a parent or guardian who agrees to be bound by these Terms. If you are not old enough to access the Services or do not have parental or guardian supervision you should not attempt to do so.
Disclaimer of Warranty
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF THE CONTENT AVAILABLE ON OR LINKED TO OR FROM THE SERVICES. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE SERVICES IS DONE AT YOUR OWN RISK. THE CONTENT OF THE SERVICES IS PROVIDED “AS IS'' AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND NONINFRINGEMENT.
Limitation of Liability
WE AND OUR AFFILIATES, SUBSIDIARIES, DIVISIONS AND RELATED COMPANIES AS WELL AS OUR AGENTS, SUPPLIERS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OR THE INABILITY TO USE THE SERVICES OR EXTERNAL LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, ANY COMPUTER VIRUS OR FAILURE, ACCIDENTS OR ILLNESS, OR PROPERTY LOSS.
RELEASEES WILL ALSO NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RELEASEES ALSO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
REGARDLESS OF THE PREVIOUS SENTENCES, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF TWO-HUNDRED DOLLARS OR THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW.
Indemnity
You agree to indemnify, defend and hold us and the Releasees and all of our directors, officers, employees, agents, shareholders, successors, assigns, and contractors harmless from and against any and all claims, damages, suits, actions, liabilities, judgments, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; (ii) your activities in connection with the Services; or (iii) the Content or other information you provide to us through the Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Consent to Communication
When you use the Services or send communications to us through the Services, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Services. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting User Content, creating a Registered User Account, or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policyand Notice of Privacy Practices.
Transmitting information electronically has the inherent risk of a third-party’s unauthorized access. By using the Services and providing us with information, you acknowledge that you are aware of and accept this risk.
SMS/Text Communications
- By providing your phone number to Select Medical, you agree that Select Medical may contact you via SMS/MMS text communications (“SMS”) relating to your care and treatment.
- You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, text START to the short code SMS thread.
- If you are experiencing issues with the messaging program you can get help directly by contacting us.
- Carriers are not liable for delayed or undelivered messages
- As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
- If you have any questions regarding privacy, please read our Privacy Policyand Notice of Privacy Practices.
Severability
If any provision of these Terms is held to be invalid or unenforceable, it shall be replaced in interpretation by a valid and enforceable term that most closely aligns with the intent of the original provision. If that is not possible, the provision shall be removed, and the rest of these Terms will be enforceable.
DISPUTES, ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.
ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THESE TERMS. IF, HOWEVER, EITHER THE CLASS ACTION WAIVER OR COORDINATED CLAIMS PROVISION BELOW ARE FOUND INVALID, THEN THE SPECIFIC INVALID PROVISION WILL BE UNENFORCEABLE AND WILL BE SEVERED AND THE REMAINDER OF THE ARBITRATION PROVISIONS WILL REMAIN IN FULL FORCE.
Any dispute, claim or controversy arising out of or relating to these Terms, other agreements on the Site, our Privacy Policy, or Notice of Privacy Practices, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be either determined by binding arbitration in JAMS before one arbitrator or submitted to small claims court in Pennsylvania. If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected or arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Reasonable discovery will be allowed during arbitration in accordance applicable rules. Any arbitration arising out of or related to these Terms shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of these Terms, including Rules 16.1 and 16.2 of those Rules.
No Class Actions: EXCEPT FOR COORDINATED CLAIMS (AS DEFINED BELOW) AND AS LIMITED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS OR ARBITRATION UNDER THESE TERMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. Further, except for Coordinated Claims (defined below), unless both you and we 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. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. 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.
Seeking Arbitration: If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice must be addressed to: Select Medical Corporation, Attn: General Counsel, 4714 Gettysburg Road, Mechanicsburg, PA 17055. If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. We may also use any other means to contact you, including a message in your Account. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If you and we do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or us may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com. If you are required to pay a filing fee, after we receive Notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.
Hearing: 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 or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.
Award: In the event arbitration awards you damages of an amount at least $100 greater than our last documented settlement offer, we will pay your awarded damages or $2,500, whichever is greater (“Award”).
Injunctive Relief: Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of these Terms unenforceable, that portion shall not be effective and the remainder of these Terms shall remain effective. No waiver, express or implied, by either party of any breach of or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Confidentiality: The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Coordinated Proceedings: If twenty-five (25) or more individuals initiate Notices of dispute with us raising similar claims, and counsel for the individuals bringing the claims are the same or are coordinated for these individuals (“Coordinated Claims”), the claims shall proceed in arbitration in a coordinated proceeding. Counsel for the individuals and our counsel for shall each select five cases to proceed first in arbitration in a bellwether proceeding (“Test Cases”). The remaining cases shall not be filed in arbitration until the first ten (10) have been resolved. Counsel for the individuals in the Test Cases will use reasonable efforts to keep the individuals who are not participating in the Test Cases informed regarding the contents, deliberations, and potential outcomes of the Test Cases, subject to reasonable confidentiality restrictions. If the parties are unable to resolve the remaining cases after the conclusion of the Test Cases, each side may select another five cases to proceed to arbitration for a second bellwether proceeding. This process may continue until the parties have determined an objective methodology to make an offer to resolve each and every outstanding claim. A court will have authority to enforce this clause and, if necessary, to enjoin the mass filing of arbitration demands against us. Individuals bringing Coordinated Claims shall be responsible for up to US $250 of their filing fees or the maximum permissible under the applicable arbitration rules. All applicable statutes of limitations and defenses based upon the passage of time will be tolled while the Coordinated Proceedings specified in this Section are pending. We will take such action, if any, required to effectuate such tolling.
Governing Law and Rules: These Terms and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of Pennsylvania, exclusive of conflict or choice of law rules. The parties acknowledge that these Terms evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to these Terms, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to these Terms, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of these Terms) with respect to any final award in an arbitration arising out of or related to these Terms.
Severance of Arbitration Terms: If the clauses concerning and describing the procedures and obligations related to Coordinated Claims and Test Case procedures is or becomes invalid or unenforceable, then the remaining entire arbitration agreement and any clauses concerning, relating to, specifying or otherwise describing the arbitration agreement shall be severed from these Terms. However, any duty of confidentiality whether or not such duty is connected with arbitration shall survive such severance.
TERMS FOR USERS IN CERTAIN GEOGRAPHIC LOCATIONS
New Jersey Residents
If you are a consumer residing in New Jersey, the following provisions of these Terms may not apply to you (and may not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (i) Disclaimer of Warranty; (ii) Limitation of Liability; (iii) Indemnity; and (iv) under Disputes, Arbitration, and Class Action Waiver and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of these Terms are found to violate an established legal right.
International Users
The Services may only be available in the territory to which that the Services are directed and may not be available in your country. WE MAKE NO REPRESENTATION THAT THE INFORMATION AND MATERIALS ON THE SERVICES, ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS OTHER THAN THE LOCATION FOR WHICH THE SERVICES ARE DIRECTED. WE DO NOT REPRESENT OR WARRANT THAT A SITE OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports.
Despite the above, as a consumer you will benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law. The local law of your jurisdiction may entitle you to have a dispute relating to these Terms heard by your local courts. These Terms do not limit any such rights that you have that apply. HOWEVER, BY ENTERING INTO THESE TERMS, WE DO NOT CONSENT TO THE JURISDICTION OF ANY COURTS OTHER THAN THOSE REFERENCED IN THESE TERMS AND RESERVE THE RIGHT TO CONTEST THAT IT IS NOT SUBJECT TO THE JURISDICTION OF ANY OTHER COURT. We may limit the Services’ availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. These Terms, as well as all other documents related to it, including notices and correspondence, will be in the English language only.
CONTACTING US
If you have questions about these Terms, or if you have technical questions about the operation of the Services, please contact us.