Disclaimer

This Web Site, www.njsportsmed.com, is an information service provided by NJ Sports
Medicine LLC also registered as New Jersey Sports Medicine and Performance Center Limited
Liability Company, hereinafter referred to as NJSportsMed or us, at no charge to users of the
World Wide Web, with the express condition that these users agree to be bound by the terms
and conditions set forth in this Terms of Use Agreement. NJSportsMed reserves the right to
change these terms and conditions at any time, and you agree to abide by the most recent
version of this Terms of Use Agreement each time you visit this website or any other website
owned by NJSportsMed. You are accordingly advised to consult the Terms of Use Agreement
each time you view any pages of the site. Do not use this Website if you do not agree to all of the
following terms and conditions.

You may not modify this Agreement by making any typed, handwritten, or any other changes for
any purpose.

Note: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION THAT AFFECTS
YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ALL SERVICE(S). THE
ARBITRATION PROVISION REQUIRES THAT DISPUTES BE RESOLVED IN INDIVIDUAL
ARBITRATIONS OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO
JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN
COURT.

You agree that you will hold harmless NJSportsMed and its shareholders, officers, directors,
and employees from all claims arising out of or related to your access or use of, or your inability
to access or use, this Website or the information contained in this Website or other websites to
which it is linked, including but not limited to claims that you have found something you have
heard, viewed or downloaded from this Website or any other website to which it is linked to be
obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event
will NJSportsMed or any of the information contributors to the Website be liable to you or anyone
else for any decision made or action taken by you in reliance on such information or for any
consequential, special or similar damages, even if NJSportsMed has been advised of the
possibility of such damages.

THE INFORMATION FROM OR THROUGH THIS SITE IS PROVIDED “AS-IS,” “AS AVAILABLE,”
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT
LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION MAY CONTAIN ERRORS,
PROBLEMS OR OTHER LIMITATIONS. OUR SOLE AND ENTIRE MAXIMUM LIABILITY FOR ANY
INACCURATE INFORMATION, FOR ANY REASON, AND USER’S SOLE AND EXCLUSIVE
REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE
CUSTOMER FOR THE INFORMATION RECEIVED (IF ANY). WE ARE NOT LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES
FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED
ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. WE WOULD NOT
PROVIDE THIS SITE AND INFORMATION WITHOUT SUCH LIMITATIONS. NO
REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE
ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR
APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION.

All responsibility and liability for any damages caused by viruses contained within the electronic
files of this site are disclaimed.

This website and the information provided is designed for educational purposes only. The
information provided through this website is not intended to render medical or professional
services and should not be used for diagnosis or as a substitute for consultation with a
physician or health care professional. If you have specific questions or concerns about your
health, you should consult your health care provider.

This site contains links to other Internet sites.  Such links are not endorsements of any products
or services in such sites, and no information in such site has been endorsed or approved by NJ
Sports Medicine and Performance Center.

By using this website or copying, downloading and/or reprinting any images or materials found
on the website, user agrees to abide by all copyright laws. Permission to reprint or electronically
reproduce any document or graphic in whole or in part for any reason is expressly prohibited,
unless prior written consent is obtained from the respective copyright holder(s).

All text and electronic images on this Website are copyrighted materials which are either
registered copyrights, unregistered common law copyrights, registered trademarks or
salesmarks of New Jersey Sports Medicine and Performance Center LLC, NJ Sports Medicine
LLC, NJSPORTSMED,  and New Jersey Sports Medicine and, its suppliers or contributors. Any
attempt to infringe upon or to circumvent these copyrights or trademarks will subject the
infringing individual or organization to severe criminal and civil penalties as prescribed by law.

BINDING ARBITRATION

Purpose. Any Dispute involving you and us shall be resolved through individual arbitration. In
arbitration, there is no judge or jury and there is less discovery and appellate review than in
court.

This Arbitration Provision shall be broadly interpreted. “Dispute” means any claim or controversy
related to us or our relationship, including but not limited to any and all: (1) claims for relief and
theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation,
ordinance, or otherwise; (2) claims that arose before this or any prior Agreement; (3) claims that
arise after the expiration or termination of this Agreement, and (4) claims that are the subject of
purported class action litigation. As used in this Arbitration Provision, “us” means NJSportsMed
and any of its predecessors, successors, assigns, parents, subsidiaries, and affiliates, and
each of their respective officers, directors, employees and agents, and “you” means you and any
users or beneficiaries of the services.

Initiation of Arbitration Proceeding/Selection of Arbitrator. The party initiating the arbitration
proceeding may open a case with the American Arbitration Association (“AAA”) by visiting its
website (www.adr.org) or calling its toll free number (1-800-778-7879). You may deliver any
required or desired notice to us by mail.

Right to Sue in Small Claims Court: Notwithstanding anything in this Arbitration Provision to the
contrary, either you or we may elect to have an action heard in a small claims court in the Morris
County if the claim is not aggregated with the claim of any other person and if the amount in
controversy is properly within the jurisdiction of the small claims court.

Arbitration Procedures. This Arbitration Provision shall be governed by the Federal Arbitration
Act. Arbitrations shall be administered by the AAA pursuant to its Consumer Arbitration Rules
(the “AAA Rules”) as modified by the version of this Arbitration Provision that is in effect when
you notify us about your Dispute. You can obtain the AAA Rules from the AAA by visiting its
website (www.adr.org) or calling its toll-free number (1-800-778-7879). If there is a conflict
between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall
govern. If there is a conflict between this Arbitration Provision and the AAA rules, this Arbitration
Provision shall govern. If the AAA will not administer a proceeding under this Arbitration
Provision as written, the parties shall agree on a substitute arbitration organization. If the parties
cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an
arbitration organization that will administer a proceeding under this Arbitration Provision as
written applying the AAA Consumer Arbitration Rules. A single arbitrator will resolve the Dispute.
Unless you and we agree otherwise, any arbitration hearing will take place at a location
convenient to you in the area where you receive Service(s) from us. If you no longer receive
Service(s) from us when you notify us of your Dispute, then any arbitration hearing will take
place at a location convenient to you in the county where you reside when you notify us of your
Dispute provided that we offer Service(s) in that county, or in the area where you received Service
(s) from us at the time of the events giving rise to your Dispute. The arbitrator will honor claims
of privilege recognized by law and will take reasonable steps to protect customer account
information and other confidential or proprietary information. The arbitrator shall issue a
reasoned written decision that explains the arbitrator’s essential findings and conclusions. The
arbitrator’s award may be entered in any court having jurisdiction over the parties only if
necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been
fully satisfied shall not be entered in any court.

Waiver of Class Actions and Collective Relief. THERE SHALL BE NO RIGHT OR AUTHORITY
FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR
CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED
REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE
ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS. THE ARBITRATOR
MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND
ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL
PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE
WHO IS NOT A PARTY. 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. THIS WAIVER OF CLASS ACTIONS AND
COLLECTIVE RELIEF IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND
CANNOT BE SEVERED FROM IT. THE REMAINING PORTIONS OF THIS ARBITRATION
PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE
SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION.

Survival. This Arbitration Provision shall survive the termination of any relationship or Service(s)
with us.
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