Terms and Conditions
Welcome to our website at www.i-mska.org. This Site is owned and operated by the
Institute for Musculoskeletal Advancement (iMSKA), an Illinois not-for-profit corporation.
By using this Site, you agree to comply with and be bound by the following terms and
conditions of use. Please review these terms and conditions carefully. If you do not
agree to these terms and conditions of use, you should not use this Site.
1. Agreement: This Terms and Conditions of Use agreement specifies the terms and
conditions for access to and use of the Site and describe the terms and conditions
applicable to your access of and use of the Site (collectively, the “Terms of Use” or
“Agreement”). This Agreement may be modified at any time by iMSKA upon posting of
the modified Agreement to the Site. Any such modifications shall be effective
immediately. You can view the most recent version of these Terms of Use at any time at
the Site. Each use of the Site by you shall constitute and be deemed your unconditional
acceptance of this Agreement and the Terms of Use.
2. Privacy: Your visit to our site is also governed by our
Privacy Policy. Please review our Privacy Policy at www.i-mska.org.
3. Ownership: All content included on the Site is and shall continue to be the property of
iMSKA or its content suppliers and is protected under applicable copyright, patent,
trademark, and other proprietary rights. Any copying, redistribution, use or publication
by you of any such content or any part of the Site is prohibited, except as expressly
permitted in this Agreement. Under no circumstances will you acquire any ownership
rights or other interest in any content by or through your use of this Site.
4. Intended Audience: This Site is intended for adults only and is not intended for any
children under the age of 13.
This Site does not knowingly collect personal information of children under the age of 13.
If you believe this Site has collected personal information of children under the age of 13,
you may contact us at info@i-mska.org
to request deletion of such information.
5. Trademarks: The iMSKA word and graphic marks are service marks owned by
iMSKA. The ATI word mark and the ATI Physical Therapy graphic mark are service marks
owned by ATI Holdings, LLC .
Other product and company names mentioned on this Site may be trademarks or
service marks of their respective owners.
6. Site Use: iMSKA grants you a limited, revocable, nonexclusive license to use this Site
solely for your own personal use and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works, or other use. You agree not to copy
materials on the Site, reverse engineer or break into the Site, or use the Site or any
materials, products or services accessed from the Site in violation of any law. The use
of this Site is at the discretion of iMSKA, and iMSKA may terminate your use of this Site
at any time. Any opinions, advice, statements or other content on the Site should not
necessarily be relied upon and are not to be construed as professional advice from
iMSKA or any of its affiliates. iMSKA does not guarantee the accuracy or completeness
of any of the information provided on the Site and is not responsible for any loss
resulting from your reliance on such information.
7. Compliance with Laws: You agree to comply with all applicable laws regarding your
use of the Site. You further agreed that information provided by you is truthful and
accurate to the best of your knowledge.
8. Indemnification: You agree to indemnify, defend and hold iMSKA and our employees,
agents, and affiliates, harmless from any liability, loss, claim and expense, including
reasonable attorney fees, related to your violation of this Agreement or the Terms of
Use or your use of the Site.
9. Disclaimer: THE INFORMATION ON THIS SITE IS PROVIDED ON AN AVAILABLE
BASIS. YOU AGREE THAT THE USE OF THIS SITE IS AT YOUR SOLE RISK.
IMSKA DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT
LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION
DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT
APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE
OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
10. Limitation of Liability: UNDER NO CIRCUMSTANCES WILL IMSKA BE LIABLE
OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL
(INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION,
OR THE
LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY
LEGAL
THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE
USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO
CEASE ALL OF YOUR USE OF THE SITE.
You may have additional rights under certain laws (including consumer laws) which do
not allow the exclusion of implied warranties, or the exclusion or limitation of certain
damages. If these laws apply to you, the exclusions or limitations in this Agreement that
directly conflict with such laws may not apply to you.
11. Use of Information: iMSKA reserves the right, and you authorize us, to use and
assign all information regarding Site uses by you and all information provided by you in any
manner consistent with our Privacy Policy.
12. Copyrights and Copyright Agent: If you believe your work has been copied on the Site
in a way that constitutes copyright infringement, or your intellectual property rights have
otherwise been violated through the Site, please provide a notice containing all of the following
information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner
of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) 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
(f) 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.
Our Copyright Agent for notice of claims of copyright infringement on the Site
is Joseph Kuo, who can be reached as follows:
By Mail: 161 North Clark Street Suite 4200 Chicago, IL 60601
By Phone: (312) 876-7151 By E-mail: joseph.kuo@saul.com
13. Applicable Law: You agree that the laws of the State of Illinois, without regard to
conflicts of law’s provisions, will govern this Agreement, the Terms of Use and any
dispute that may arise between you and iMSKA or its affiliates.
14. Severability: If any provision of this Agreement or the Terms of Use shall be
adjudged by any court of competent jurisdiction to be unenforceable or invalid, that
provision shall be limited or eliminated to the minimum extent necessary so that this
Agreement and Terms of Use will otherwise remain in full force and effect.
15. Waiver: The failure of iMSKA to exercise or enforce any right or provision of this
Agreement or the Terms of Use shall not operate as a waiver of such right or provision.
Any waiver of this Agreement by iMSKA must be in writing and signed by an authorized
representative of iMSKA.
16. Termination: iMSKA may terminate this Agreement at any time, with or without
notice, for any reason.
17. Relationship of the Parties: Nothing contained in this Agreement, or your use of the
Site shall be construed to constitute either party as a partner, joint venturer, employee or
agent of the other party, nor shall either party hold itself out as such. Neither party has
any right or authority to incur, assume or create, in writing or otherwise, any warranty,
liability or other obligation of any kind, express or implied, in the name of or on behalf of
the other party, it being intended by both parties that each shall remain independent
contractors responsible for its own actions.
18. Entire Agreement: This Agreement and the Terms of Use constitute the entire
agreement between you and iMSKA and governs the terms and conditions of your use
of the Site, and supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between you and iMSKA with respect to
this Site. Notwithstanding the foregoing, you may also be subject to additional terms
and conditions, posted policies (including but not limited to the Privacy Policy),
guidelines, or rules that may apply when you use the Site.
19. Contact Information:
Institute for Musculoskeletal Advancement (iMSKA)
2001 Butterfield Road, Suite 1600
Downers Grove, Illinois 60515-1211
info@i-mska.org
