By accessing or using the Service, you agree to be bound by these terms and conditions (this “Agreement”). OneStep has the right to accept or reject any applicant for Services, in its sole and complete discretion.
THIS IS NOT A MEDICAL SERVICE. DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS NOR FOR YOUR OTHER MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY. IF YOU REQUIRE MEDICAL CARE, PLEASE CONTACT YOUR DOCTOR OR OTHER HEALTH SERVICE PROVIDER.
You hereby certify that you are (i) over the age of eighteen (18) or have the legal ability to consent to the Service or have your Parent/Guardian consent to the Service, and (ii) physically located or are a resident of the State you have chosen as your current residency when creating your Account. You agree to provide “Contact Information” (your personal contact and/or a close family member/relation) to your Provider to act as an information source to be used in case of an emergency where knowledge of your location is crucial. You acknowledge that your ability to access and use the Service is conditioned upon the truthfulness of the information you provide regarding your age, residence and Contact Information and that the Providers you access are relying upon this certification in order to interact with you and provide the Services.
SERVICE AND CONTENT
OneStep does not offer medical advice. Our Service provides you with our Gait Analysis informational services, and also enables a conduit for approaching and accessing members of the OneStep network of physical therapists or wellness coaches (“Providers”). Any medical or healthcare advice provided by such Providers is not provided by OneStep but rather by the individual medical or healthcare providers with whom you must first establish a physical therapist-patient relationship or a physician-patient relationship. Using, accessing, and/or browsing the Website or Application or providing personal medical history including via the Website or Application does not create a physical therapist- patient or physician-patient relationship between you and One Step or any of its employees and/or affiliates.
Unless otherwise expressed to you in writing, nothing in the Service is intended to create a physician-patient or physical therapist-patient relationship, or to replace the services of a licensed, trained, in-person physician, physical therapist, or other health professional or be a substitute for medical advice of a physician or trained health professional licensed in your state. You should not rely on anything contained in the Website or Application as a substitute for medical advice, and you should consult a healthcare provider licensed in your state in all matters relating to your health. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the Service, without further consulting a healthcare provider.
Any content accessed through the or offered by the Service is for informational and educational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. The Service, including the Gait Analysis, may be used to supplement and enhance your medical or healthcare treatment. The Service should not be used during a medical emergency or for the diagnosis or treatment of any medical condition. Please consult your doctor or other qualified health care provider if you have any questions about a medical condition, or before taking any drug, changing your diet, or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed through the Service.
Call 911 or your doctor for all medical emergencies.
Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name, or otherwise, does not constitute or imply the endorsement or recommendation of such by OneStep. ONE STEP IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN THROUGH THE SERVICE.
To access the Service, you must first enroll to establish an individual user account (“Account”). You agree to provide, maintain and update true, accurate, current, and complete information about yourself as prompted by our registration processes (the “Registration Data”). You agree not to open more than one account, impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to notify us promptly at firstname.lastname@example.org of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to our Site.
You are solely and fully responsible for maintaining the confidentiality of the login credentials (e-mail, username and password) of your Account and for all activities that occur under your Account. You agree not to disclose your login credentials to any third party. If you forget your password, you can request through the appropriate channel to have a new password issued and sent to your registered e-mail address. Your Account is at risk if you let someone else use it inappropriately. We reserve the right to suspend or terminate your Account if we determine that you or anyone using your Account violates these Terms. If you failed to properly maintain your login credentials OneStep will not be liable for any loss that you incur as a result of someone else accessing and using your Account, either with or without your knowledge.
NOTE THAT TERMINATING YOUR ACCOUNT MAY CAUSE THE LOSS AND/OR UNAVAILABILITY OF CONTENT, FEATURES, OR CAPACITY WITH REGARD TO YOUR ACCOUNT. ONESTEP SHALL NOT BE LIABLE IN ANY WAY FOR SUCH UNAVAILABILITY AND/OR LOSS.
USING OR ACCESSING THE SERVICE THROUGH A THIRD-PARTY
In some cases, You may be able to access the Service via certain third-party service providers (“Third Party Service Providers”). Where accessing the Service via such Third Party Service Providers you agree and acknowledge that the Third Party Service Providers are paying for the Service you receive from OneStep and your access to the Service (including, without limitation, the length of your access to the Service) shall be subject to the terms agreed between OneStep and the applicable Third Party Service Provider, and You acknowledge and agree that OneStep may share information pertaining to You or your use of the Service with such Third Party Service Provider. You further agree and acknowledge that by participating in and using the OneStep Service through a Third Party Service Provider You may be foregoing discounts or insurance coverage that may be available to you via alternative care options. You understand that following the period during which the Third Party Service Provider provided You with access to the OneStep Service, You shall be solely liable for any payments in connection with your use of the Service.
You agree not to access or use the Service in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these terms. You shall not post, use, store or transmit(i) a message or information under a false name; (ii) information that is unlawful, libellous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (iii) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Service by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use the Service in any manner that could damage, disable or impair the Service. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Service for any purpose. Neither OneStep nor its affiliates are under any obligation to respond to messages posted on the Service. You are solely responsible for the information or material you post on the Service.
USER GENERATED CONTENT
The Service may allow you, whether as Provider or any other user to upload, post, publish and make available through it, your own information such as text, images, text material, photos, videos and any other communications and proprietary materials (the “User Generated Content”). The User Generated Content may be hosted, shared, and/or published as part of the Service and may be visible to and accessed by other users of the Services. We urge you to be aware and conscious of your privacy with respect to the User Generated Content that you choose to upload. Please ensure that when you use the Service, you respect the proprietary rights including any intellectual property and privacy rights of third parties who have any rights with respect to the User Generated Content you upload to the Service. OneStep will not bear any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with uploading any User Generated Content.
As long as your User Generated Content is subject to the applicable copyright law, such User Generated Content shall remain at all times, and to the extent permitted by law, your sole and exclusive property. You hereby further acknowledge and agree that the User Generated Content is non-confidential and may be viewed by certain third parties.
You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such User Generated Content, on the Service, in any way. You hereby warrant that your User Generated Content is true, current, accurate and complete.
You represent and warrant that you are the rightful owner of the User Generated Content you upload to the Service or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Generated Content and that such User Generated Content does not infringe any third party's intellectual property rights or other rights (including without limitation, any privacy rights, publicity rights, copyrights, or any other intellectual property rights). IT IS THE USER’S RESPONSIBILITY TO OBTAIN ANY AND ALL CONSENTS REQUIRED UNDER ANY APPLICABLE LAWS, REGARDING THE POSTING OF ANY PERSONAL INFORMATION OF OTHERS WHICH IS PART OF THE USER GENERATED CONTENT, AND TO ADHERE TO ANY APPLICABLE STATE, PROVINCIAL, TERRITORIAL AND FEDERAL LAWS REGARDING SUCH INFORMATION.
You expressly agree that the User Generated Content that you post or upload will not include (i) content or information that is confidential or that is not in the public domain; (ii) any spam, unsolicited promotions, advertising, contests or raffles; (iii) content which is, inter alia, unlawful, defamatory, libellous, harassing, offensive, indecent, pornographic, abusive, fraudulent, threatening or vulgar; (iv) content that unlawfully discriminates on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view or socio-economical class; (v) content that encourages criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit; (vi) content that poses a risk to a person’s safety, security or health; (vii) content that violates any applicable federal, state or local law or regulation; or (viii) content that impersonates another individual or entity. The above examples of unlawful and prohibited User Generated Content do not constitute an exhaustive list.
Although OneStep has no obligation to screen, edit or monitor any of the User Generated Content, OneStep explicitly reserves the right, at its sole discretion, to remove or edit, without giving any prior notice, any User Generated Content available on the Service at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Generated Content you post or store on the Service at your sole expense.
When you upload, post, publish or make available any User Generated Content on the Service, you grant to (i) OneStep an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, fully sub-licensable and worldwide license, to use, reproduce, distribute, transmit, create derivative works of, display, copy, make available to other Users and the public and perform that User Generated Content, along with the name that you submit in connection with such User Generated Content, in connection with the Service and/or Network, whether through the internet, mobile devices or otherwise, in any media formats and through any media channels known today and developed in the future; and (ii) unless you otherwise restrict through your Account on the Network, each User of the Service a non-exclusive and royalty-free license to access your User Generated Content through the Service and to use such User Generated Content for personal and non-commercial purposes. OneStep may publish and use any User Generated Content without the User’s prior consent. You hereby agree and understand that you will not be entitled to prevent any transfer of User Generated Content to any third party. OneStep shall not bear any liability for any use by any third party of the User Generated Content. In addition, you hereby explicitly waive any moral right and other intellectual property right you may have in and to the User Generated Content and forever waive and agree not to claim or assert any entitlement or interest to any and all moral rights or other intellectual property rights in any of the User Generated Content.
OneStep takes no responsibility and assumes no liability for any User Generated Content upload, posted, published and made available by you or any third party in the service, or for any loss or damage thereto, nor is OneStep liable for any mistakes, defamation, libel, falsehoods, obscenities or pornography you or any other third party may encounter.
OneStep does not directly employ the Providers matched through the Service. OneStep operates a platform providing access to a digital network of nationwide trained and accredited Providers. OneStep aims to only work with independent, licensed, insured and vetted professional Providers, in accordance with applicable law.
In order to receive approval to practice through the OneStep network, OneStep takes measures to confirm that applicant Providers are in compliance with the policies and procedures of OneStep and the applicable federal and state guidelines. Notwithstanding the foregoing, OneStep cannot guaranty and explicitly disclaims, the quality, accuracy, sufficiency and fitness for purpose of any and all services provided to you by a Provider.
Your relationship with the Provider is strictly with the Provider. OneStep is not involved in the Provider-patient relationship and does not interfere, validate or control the Provider’s treatment or exercise regimen unless advocating on behalf of You when following up on a particular complaint. OneStep grants you access to a digital platform to track your exercise regimen and to connect with a Provider of your choice. OneStep conducts constant network quality assurance checks using advanced analytical tools to study such critical issues as Provider availability, response times, and the number and duration of therapy/exercise interactions. All that stated, we do not endorse or recommend any specific Provider. Further, You are always advised to exercise a high level of care and caution in the use of OneStep network of Providers as you would making any health-related decision.
You understand that by using the Provider through the Services, you will not have an in-person physical exam that might identify a potentially serious medical condition. You also understand and agree that the health information you provide through the Services may be the only source of health information used by Provider during the course of your evaluation and treatment through the Services, and that Provider may not have access to any other health information held by your previous medical providers (e.g., allergies, drug reactions, etc.) You understand that you are not guaranteed treatment through the Services and that Provider will determine whether or not it is appropriate to treat you through the Services. Certain services may require an in-person visit or documentation of an in-person physical examination and you may be referred for in-person care. You agree that it is your choice whether or not to use the Services on the Platform. You understand that at any time, you can change your mind about receiving Services and may seek in-person services from a different provider.
You should never disregard, avoid, or delay obtaining medical advice from your primary doctor or other qualified healthcare Provider or by using or combining OneStep with traditional face-to-face appointments; solely because of information you saw on the OneStep site or advice you received through a OneStep network Provider. If you would like to have the records relating to the Services sent to your primary care provider, you understand that you will need to request such transfer of such records.
All of the content available on or through the Service is the property of OneStep or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Service to any third party. All software and accompanying documentation made available for download from the Service is the copyrighted work of OneStep or its licensors. Any copy made of information obtained through the Service must include all applicable copyright notices.
Subject to the terms of this Agreement, OneStep hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the software, network facilities, platform, content and documentation on and in the Service to the extent, and only to the extent, necessary to access and use the Service.
The license granted herein does not permit you to, and you agree not to: (i) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service; or (ii) transfer, distribute, sell, lease, rent, disclose or provide access to the Service to any third party or use the Service to provide service bureau, time sharing or other services to third parties.
CONTENT AND SERVICES ACCESSED THROUGH THE ONESTEP SERVICE
You may choose to allow your Provider of choice, or another third-party service which OneStep may (but may offer as an integration to the Services, to retrieve, provide, modify or otherwise use health and other information in your Account or otherwise share your information with the Provider or third party service provider or your choice. Once you enable such a specific third-party to access your account, the service provider may continue to access your account until you affirmatively disable access. Third-party service providers include both health care providers and other entities. It is your sole responsibility to review and approve each such third-party service before sharing your information through or otherwise accessing it. USE OF THESE SERVICES AND RELIANCE ON THIS CONTENT IS SOLELY AT YOUR OWN RISK. ONESTEP MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE OR CONTENT.
ACCESS TO THE SERVICE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ONESTEP DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, ONESTEP DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. ONESTEP CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET, OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICE.
LIMITATIONS OF LIABILITY
IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. UNDER NO CIRCUMSTANCES SHALL ONESTEP , ANY ONESTEP LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE BE LIABLE IN ANY WAY FOR YOUR USE OF THE SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.
UNDER NO CIRCUMSTANCES SHALL ONESTEP, ITS LICENSORS OR SUPPLIERS OF NON-MEDICAL/ PHYSICAL HEALTHCARE SERVICES OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF ONESTEP OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
You agree to indemnify, defend, and hold harmless OneStep and its respective employees, directors, officers, subsidiaries, affiliates, partners, contractors, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer, mobile device or login credentials; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Service; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; (d) information you provide to or use in connection with the Service violating third party intellectual, privacy or other rights and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Service shall be in compliance with all applicable laws, regulations and guidelines.
Any link (including a hyperlink, button or referral device of any kind) used in the Service is provided for your use and convenience. The appearance of a link does not constitute an endorsement, recommendation or certification by OneStep, nor should the presence of a link in any way be construed as a suggestion that any third-party website has any relationship to OneStep. OneStep does not endorse the content on any third-party websites. OneStep is not responsible for the content of linked third-party websites or third-party advertisements, and does not make any representations regarding its content or accuracy. OneStep does not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights or patents. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.
OneStep may suspend or terminate your access to the Service at any time, for any reason or for no reason at all. OneStep has the right (but not the obligation) to refuse to provide access to the Service to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. OneStep reserves the right to change, suspend, or discontinue all or part of the Service, temporarily or permanently, without prior notice.
Any dispute or claim relating in any way to your use of the OneStep Service will be resolved by binding confidential arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to these Terms.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must interpret these Terms as a court would.
It is agreed that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, OneStep and you each waive any right to a jury trial. It is further agreed that you may not bring suit in court to enjoin infringement or other misuse of intellectual property rights.
These Terms are governed by the laws of the State of Delaware, without regard to any conflict of laws rules or principles. You agree to submit to the venue and jurisdiction of the Delaware courts in the cases that arbitration is not successful or is assigned or appealed to a civil court. OneStep’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. Notices required to be given to you by OneStep may be delivered by electronic mail to the address provided during the creation of your Account. These Terms constitute the entire Agreement between OneStep and yourself regarding the Service, and supersede and replace any prior agreements you and OneStep might have regarding the Service. OneStep may revise these Terms from time to time without notice to you. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. We encourage you to read the stems periodically.