Last updated September 2022
Thank you for using the website of Niche Hand Surgery and Orthopedics, PLLC (“Niche Hand Surgery and Orthopedics,” “we,” “us” or “our”). These Terms of Use (the “Terms” or the “Agreement”) constitute a legally-binding agreement made between you, whether personally or on behalf of an entity (the “user,” “you,” or “your”) and Niche concerning your access to and use of our website, applications and all of our products, services, websites, media forms and/or channels (collectively, the “Site”). You agree that by accessing the Site in any way, you have read, understood, and agree to be bound by all of these Terms.
IF YOU DO NOT AGREE WITH ALL OF THE TERMS HEREIN, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
By using our Site and receiving services related to the Site, you also agree to be bound by our Privacy Policy, Disclaimers, and any supplemental terms and conditions or documents that may be posted on or through the Site from time to time. The Privacy Policy, Disclaimers, and any supplemental policies are hereby expressly incorporated herein by reference.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms at the top of this section, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old or otherwise have the permission of their parent(s) or legal guardian(s) to access the Site.
You agree to defend, protect, indemnify and hold Niche Hand Surgery and Orthopedics, its subsidiaries, affiliates, officers, employees, agents, predecessors and successors in interest, and other partners, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:
The Site and services related to the Site are intended for your own use. By using the Site, you agree not to:
Except as expressly set forth in these Terms, nothing contained herein shall be construed as conferring any license or right, by implication or otherwise, under any of our copyrights or other intellectual property rights. You agree that this Site and our content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
This Site may include various product names, business names, logos, slogans and other marks in which we have a registered trademark interest or other protectable interest (collectively “Niche Hand Surgery and Orthopedics’ Property”).
It may also include product names, business names, logos, slogans and other marks in which others have a protectable interest (collectively “Other Materials”). You may not copy, download, display, distribute, modify or sublicense any of Niche Hand Surgery and Orthopedics’ Property or Other Materials on the Site without the prior express written permission of the appropriate owners.
In no event will we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Site, or use thereof. Nothing contained in the Site or in any written or oral communications from Niche Hand Surgery and Orthopedics or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby and in our Disclaimers.
The content and functionality on the Site are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
We make no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Site content or the related services therein or that the functionality of the Site will be uninterrupted or error-free or free from virus or third-party attack. You hereby acknowledge that your use of the Site is at your sole risk.
UNDER NO CIRCUMSTANCES SHALL NICHE HAND SURGERY AND ORTHOPEDICS, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF NICHE HAND SURGERY AND ORTHOPEDICS HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL NICHE HAND SURGERY AND ORTHOPEDICS HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE OR RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF NICHE HAND SURGERY AND ORTHOPEDICS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Niche Hand Surgery and Orthopedics and sole remedy available to any user in any case in any way arising out of or relating to the Terms, the Site or related services shall be limited to monetary damages that in the aggregate may not exceed the greater of $250.00 or the sum of any amount paid by the user to Niche Hand Surgery and Orthopedics during the six (6) months prior to notice to Niche Hand Surgery and Orthopedics of the dispute for which the remedy is sought, whichever amount is lesser.
The Site may allow business and customer users to post images, audio, text, video, links to other sites, or other content to the Site (collectively “User Content”). Neither Niche Hand Surgery and Orthopedics nor any of its affiliates endorses these entities or individuals nor are we in any way associated with any of the materials that they may post on or through the Site. Neither Niche Hand Surgery and Orthopedics, its subsidiaries, affiliates, officers, agents, predecessors and successors in interest, and other partners shall have any responsibility or liability of any nature whatsoever arising in connection with any materials provided by these entities or individuals or in connection with any conduct of these entities or individuals.
Each user who posts any User Content acknowledges and agrees that we have the right, in our sole discretion, to take down or remove or alter any and all User Content we deem inappropriate, illegal or otherwise offensive. Any user who posts any User Content hereby represents that such User Content does not violate any third-party intellectual property rights and further grants us a license to show and make this content accessible on the Site or any successor or affiliate app or website. By posting any User Content to the Site, you hereby agree to indemnify us from any damages and claims related to the User Content, including but not limited to any infringement, misappropriation, libel or other claims.
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such individual to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
We reserve the right to change, modify, or remove the content on the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
Accessing and using the Site, sending us e-mails or chat messages, and filling in requested information constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via e-mail and on the Site, satisfy any legal requirement that such communications be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
If you access the Site and its products from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you access the Site from outside of the United States, you acknowledge that any personal information you provide will be processed in the United States and other geographies as selected by us in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with these Terms and the Privacy Policy.
These Terms shall remain in full force and effect while you use the Site. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site (including blocking access), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms or any applicable law of regulation. We may terminate your use of or participation in the Site at any time, without warning, at our sole discretion.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. In addition, our failure to enforce any term shall not be deemed as a waiver of such term or otherwise affect our ability to enforce such term at any point in the future.
These Terms and our legal obligations hereunder are subject to the laws of the State of Virginia regardless of your location. You hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in State of Virginia, United States of America, in all disputes arising out of or relating to the Site.
In the event that Niche Hand Surgery and Orthopedics is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for Niche Hand Surgery and Orthopedics’ attorneys’ fees and costs.
These Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
Please read our Privacy Policy and Disclaimers, which are incorporated fully into these Terms.
For questions or concerns, we can be contacted by writing at:
Niche Hand Surgery and Orthopedics
9480 Main St #1129
Fairfax, VA 22031
Thank you.