Terms of use

GoToMySportsPhysical.com is an electronic Sports Physical health record and management service (the "Service") owned by New Jersey Sports Medicine LLC for the purpose of allowing athletes, physicians, and schools to fill in, share, and manage sports physicals electronically. It is a web based electronic pre-participation form that replaces paper forms, saving more than 50 million pieces of paper a year. This site was created and is maintained, located, and controlled by New Jersey Sports Medicine LLC in the State of New Jersey, United States of America. The laws of the State of New Jersey will govern the content and use of this site, without giving effect to any of the conflict of law principles or rules.

GoToMySportsPhysical.com is not for use in medical emergencies or urgent situations nor does the site and software in anyway, constitute a physician doctor relationship, office visit, or treatment. GoToMySportsPhysical.com is not a health care provider, health insurance plan, or clearinghouse.

GoToMySportsPhysical.com is not responsible or liable, directly or indirectly, for any damage or loss or injury or death caused or alleged to be caused by or in connection with use of this site or the forms on this site.

Definition of Terms.

As used in these Terms of Use, "we", "us" and "our" refer collectively to GoToMySportsPhysical.com and its owner New Jersey Sports Medicine LLC. "You" and "User" refer to you, the user of this Service, which may be an athlete, athlete guardian or parent, physician, or school. "Software" and "Hardware" includes all software/hardware that comprises the Service or is used to interact with the Service, and includes all software and hardware provided by our suppliers.

Terms of Use.

By visiting the site, registering or using the Service, you agree to be bound by these Terms of Use and Privacy Policy without modification. You must be at least 13 years of age or older to use this site. Please make sure you read these Terms of Use and Privacy Policy thoroughly before registering.

All content contained in the GoToMySportsPhysical.com internet site is subject to change without notice. GoToMySportsPhysical.com reserves the right to change or modify the 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. Such changes, modifications, additions, or deletions to the terms and conditions of use shall be effective immediately upon notice thereof, which may be given by any means. Any use of GoToMySportsPhysical.com internet site after such notice shall be deemed to constitute acceptance by the user of the GoToMySportsPhysical.com internet site of such changes, modifications, additions, or deletions. 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 terms and conditions.

Password Confidentiality and Computer Security.

Choosing a password is your responsibility. Use a password that is difficult for someone to guess but easy for you to remember. Your password should be at least five characters long with a combination of letters and numbers. Do not use your birthday, a family name, a pet name, or other information that might be easy for someone to guess.

You are alone responsible for keeping your password confidential and for the security of any computer you use to access the site. You agree to notify us if you become aware that your password has been compromised or if there is any other security problem with the site.

Privacy Policy.

Your privacy is very important to us. Our Privacy Policy shall apply to your access and use of the site.

Your Obligation to Verify Information Sent to Your Healthcare Providers.

You are solely responsible for all information stored or communicated using the site. You agree to verify the accuracy and completeness of all information entered through this site. You will notify all respective users (school, athlete/parent/guardian, physician(s) and us) if you find any inaccuracy or incompleteness in the information received from the service. You agree that we shall not be liable for any inaccuracy or incompleteness of any such information.

Links.

We may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Use of the Service and Software.

We hereby grant you a non-exclusive, non-transferable, revocable right, without the right of sublicense, to access and use the Service and Software, subject to these Terms of Use. You may use the Software and Service solely for your own personal and non-commercial use.

No Unlawful or Prohibited Use.

You agree that you will not use the Service or Software for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the website in any manner that could damage, disable, overburden or impair the site or interfere with any other party's use.

Restrictions on Use.

You acknowledge and agree that the Service and the Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. This site is compliant with the digital millennium copyright act. Except for information you provide and some forms, all content on the Service is copyrighted by us and/or one or more of our suppliers. You may download and/or print a copy of information provided on this Service for Your personal use only, provided You keep all copyright and trademark notices intact. All Software is owned by GoToMySportsPhysical.com and/or its Suppliers and is protected by copyright laws and international treaty provisions. You may not reproduce (except as specifically set forth herein), download, modify, create derivative works from, distribute, or attempt to reverse engineer, decompile, disassemble, or access the source code for the Software. Any reproduction or redistribution of the Software is expressly prohibited by law and may result in severe civil and criminal penalties. You may not, copy, paraphrase, omit, display, store, timeshare, rent, lease, sublicense, publish, distribute, transmit, create derivative works from, transfer, assign, sell or commercially exploit in any manner whatsoever the Software or content on Our Web Site. All marks displayed on the Service or in the Software are Our or Our Supplier's trademarks or service marks (both registered and unregistered). No right license or interest in such marks is granted to You under this Agreement. You agree that You will not assert any such right, license or interest with respect to such marks.

Disclaimer of Warranty.

You agree that you will hold harmless New Jersey Sports Medicine and Performance Center LLC and the GoToMySportsPhysical.com internet site and any person associated with the GoToMySportsPhysical.com site 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 GoToMySportsPhysical.com 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 clearance to participate in sports or for any consequential, special or similar damages, even if GoToMySportsPhysical.com has been advised of the possibility of such damages.

GoToMySportsPhysical.com and all persons associated with this site provide this site and its contents on an "as is" basis and make no representations or warranties of any kind with respect to the GoToMySportsPhysical.com site or its contents. We disclaim all such representations and warranties, whether express or implied, including, but not limited to, the warranties of merchantability and fitness for a particular purpose. In addition, we do not represent or warrant that the information accessible via this site is accurate, adequate, reliable, suitable, applicable, complete or current.

We do not assume any responsibility for your use of the service and the software on this site, and you expressly acknowledge and agree that your use of the service and software is at your sole risk.

All responsibility and liability for any damages caused by viruses contained within the electronic files of this site are disclaimed. You understand that we and our suppliers cannot and do not warrant that files available through the service of the software will be free of infection or viruses, Trojan horses, or other code that manifests contaminating or destructive properties.

Limitation of Liability.

Neither New Jersey Sports Medicine and Performance Center LLC nor any person associated with the GoToMySportsPhysical.com Internet site will be liable for damages arising out of or in connection with the use of this site. Under no circumstances will New Jersey Sports Medicine and Performance Center LLC or any person associated with the GoToMySportsPhysical.com Internet site have any liability for any consequential, incidental, indirect, special, or punitive damages or costs, including, but not limited to, damages for loss of life, injury, loss of business, lost profits, loss of data, or loss of goodwill, loss of or damage to property, and claims of third parties, arising out of or in connection with the use, copying, or display of this site or its contents, regardless of whether New Jersey Sports Medicine and Performance Center LLC and other persons associated with the GoToMySportsPhysical.com Internet site knew, or should have know of the possibility thereof.

Indemnification.

You agree to indemnify, defend and hold harmless the GoToMySportsPhysical.com internet site, its owners and all persons associated with the interntet site from and against all loss, claims, expense, actions or demands, liabilities, and settlements, including but not limited to, legal and accounting fees from, or alleged to result from, your violation of these terms of use or any activity related to your account (including but not limited to the use of the website, infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the GoToMySportsPhysical.com internet site using your account.

Digital Millennium Copyright Act Notices.

It is the policy of New Jersey Sports Medicine and Performance Center LLC ("Company") to respect the intellectual property of others and thus to respond to effective notices of alleged infringement of copyrighted material. If you are alleging that copyrighted material may have been or is being infringed, then you may notify Company, pursuant to the Digital Millennium Copyright Act, 17 U.S.C. ยง512 (c), by sending a notice to info@GoToMySportsPhysical.com. Such notice must include the following to be effective:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit New Jersey Sports Medicine and Performance Center LLC to locate the material;
  4. Information reasonably sufficient to permit New Jersey Sports Medicine and Performance Center LLC to contact you such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Term and Termination.

Either We or You may terminate your right to use Our Web Site and the Service at any time, with or without cause, upon notice. We reserve the right to terminate or suspend your right to use Our Web Site and the Service without prior notice. In addition, we may withdraw, suspend or discontinue any functionality or feature of Our Web Site. The provisions of these Terms of Use concerning Disclaimer of Warranty, Limitation of Liability, Indemnification, Term and Termination and General Legal Provisions shall survive any termination of these Terms of Use.

General Legal Provisions.

Applicable Law and Jurisdiction. These Terms of Use will be governed by New Jersey law for all purposes, including Web site and services use and product purchases, without regard to or application of choice of law rules or principles. You hereby consent to the jurisdiction and venue of the courts of New Jersey. You should be aware that some jurisdictions do not allow for the exclusion of certain warranties or the limitation or exclusion for incidental or consequential damages that are contained in this Terms of Use. By agreeing to be bound by these Terms of Use, You may be waiving legal rights that could be available to You in another jurisdiction.

Severability.

If any provision of these Terms of Use or of any other legal notices posted by Us on this Web Site is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in such provision, and the other provisions of the Terms of Use should remain in full force and effect.

Waiver.

Our failure to exercise or enforce any right or provision of these Terms of Use or other legal notices posted by us on this Web Site shall not constitute a waiver of such right or provision. No waiver of any of these Terms of Use or of any other legal notices posted by us on this Web site shall be deemed a further or continuing waiver of such term or condition or any other term or condition. No Modification by Course of Conduct or Trade Practice. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use or of any other legal notice posted by us on this Web Site.

Assignment.

We may assign our rights and duties under these Terms of Use to any person at any time without notice to you or your approval.

Notices.

If You have questions or comments regarding this Web Site, please contact us at your convenience.

Complete Agreement.

These Terms of Use and all other legal notices (including but not limited to these Terms of Use and the Privacy Policy) on this Web site constitute the complete agreement between You and Us with respect to the use of the GoToMySportsPhysical.com Web Site, the Service and the Software. Your use of the Services is also subject to the Our Privacy Policy. You also may be subject to additional terms and conditions that may apply when you use third-party content or third-party software.