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Terms and Conditions
Motion MSK — Care Navigation and Telehealth Services
THIS NOTICE IS EFFECTIVE ON JUNE 1, 2026
Welcome to Motion MSK (“Company,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to, use of and services offered on our website, including any content, functionality, and services offered on or through www.motionmsk.com (the “Site”), including our Care Navigation, telehealth consultation, health coaching, and related services.
By accessing, browsing, or using the Site in any manner, including without limitation by visiting or registering for an account on the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are presented with an option to click "Agree," "Accept," "Create Account," "Register," "Sign Up," or a similar button or checkbox in connection with these Terms, your clicking of such button or selection of such checkbox constitutes your legally binding electronic signature and manifests your assent to these Terms.
If you do not agree with these Terms, please do not use the Site or our services.
IMPORTANT ARBITRATION NOTICE: THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE IN SECTION 21, WHICH REQUIRES THAT DISPUTES BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO GO TO COURT, HAVE A JURY TRIAL, AND PARTICIPATE IN A CLASS ACTION. PLEASE READ SECTION 21 CAREFULLY.
1. Overview of Services
Motion MSK is a value-based health care company that provides Care Navigation, telehealth consultation, and health coaching services for patients experiencing musculoskeletal (“MSK”) pain and related conditions (the “Services”). Our Services include, but are not limited to:
a) Care Navigation
• An online navigation questionnaire designed to gather information about your current symptoms, prior treatments, and care expectations.
• A follow-up phone call from a member of our Care Navigation team to discuss your responses, answer questions, and guide you through next steps.
• Facilitating connections between you and qualified, independent healthcare providers.
• Scheduling and referral coordination with our vetted, high-quality, affiliate provider network.
• Ongoing care navigation support, including automated and AI-assisted text message check-ins throughout your care journey (see Section 7 for details).
b) Telehealth Consultation Services
• Teleconsultation with board-certified orthopedic surgeons and/or neurosurgeons for the purpose of providing a clinical second opinion regarding surgical recommendations or treatment pathways.
• These teleconsultations are conducted remotely via secure audiovisual technology and constitute the practice of medicine. The consulting provider will be independently licensed in the state where you are physically located at the time of the consultation.
c) Health Coaching Services
• Personalized health coaching delivered by qualified health coaches to support your musculoskeletal recovery, self-management strategies, treatment adherence, and wellness goals.
• Health coaching services are supportive and educational in nature and do not constitute the practice of medicine. Health coaches do not diagnose conditions, prescribe treatments, or provide medical advice.
We reserve the right, in our sole discretion, to change, suspend, remove, or add to any aspect of the Site or Services at any time without prior notice to you. Additionally, we do not guarantee that the Site or the Services, or any portion thereof, will always be available, uninterrupted, error-free,
secure, or free from viruses or other harmful components. We may temporarily or permanently suspend or discontinue the Site or any part of the Services for any reason, including for maintenance, upgrades, system failures, or force majeure events.
2. Eligibility; User Categories
To use our Site, you must be at least 18 years of age (or the age of majority in your state of residence). By accessing or using the Site, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are under the age of 18, you are not permitted to use or access the Site in any manner.
Our Site and Services are intended for use by persons located in the United States. We make no representation that the Site or Services are appropriate for use outside the United States.
To use our Services, you must:
• Be physically located in, a state in which we currently operate (Florida, Oregon, Nevada, or Texas) at the time telehealth services are rendered (for purposes of telehealth services).
• Have received a valid referral, marketing communication, or other authorized invitation from Motion MSK or one of our authorized health plan or employer partners.
• Provide accurate, current, and complete information during the intake process and keep such information updated.
3. Important Medical Disclaimers
CARE NAVIGATION IS NOT MEDICAL CARE.
Our Care Navigation services—including the online navigation questionnaire, follow-up phone calls, text message check-ins, and scheduling coordination—do not constitute the practice of medicine and are not a substitute for professional medical advice, diagnosis, or treatment. Care Navigation is
a recommendation service: the information you provide is used to match you with appropriate care options based on the experiences and outcomes of other patients with similar conditions, symptoms, and treatment histories. Care Navigation does not involve clinical evaluation of your individual
medical condition. No information communicated through Care Navigation should be interpreted as a medical opinion, diagnosis, or treatment recommendation. You should always consult with a qualified healthcare provider before making any decisions about your medical care.
TELEHEALTH CONSULTATIONS ARE MEDICAL SERVICES.
Our teleconsultation services with orthopedic surgeons and neurosurgeons are clinical services that constitute the practice of medicine. The consulting physicians are independently licensed practitioners who will exercise their independent professional medical judgment. You will receive a separate informed consent for telehealth services before any teleconsultation takes place (see Section 12 for state-specific requirements), available at www.motionmsk.com/telehealth-consent-06-01-2026.
HEALTH COACHING IS NOT MEDICAL CARE.
Health coaching is a supportive service designed to help you with self-management strategies, wellness goals, and treatment adherence. Health coaches are not physicians, and health coaching does not replace the advice, diagnosis, or treatment of a licensed healthcare provider.
AFFILIATE PROVIDERS ARE INDEPENDENT.
The healthcare providers in our affiliate network are independent practitioners and entities. They are not employees, agents, or representatives of Motion MSK. We do not control, direct, or supervise the medical care provided by affiliate providers. Any care you receive from an affiliate provider is subject to that provider’s own terms, policies, and professional judgment.
EMERGENCY DISCLAIMER.
If you are experiencing a medical emergency, call 911 or go to the nearest emergency room immediately. Motion MSK services are not designed for emergency or urgent care situations.
4. How the Service Works
a) Marketing Communication and Sign-Up
You may receive a marketing mailer, email, or other authorized communication inviting you to visit our Site. By following the instructions in the communication and creating an account or beginning the
intake process, you consent to these Terms.
b) Online Navigation Questionnaire
Our Site will present you with a series of questions designed to understand your current musculoskeletal symptoms, the treatments you have previously tried, your treatment preferences, and your expectations. This questionnaire is a navigation tool—not a medical examination or clinical evaluation. Your responses are used to recommend appropriate care pathways and provider types based on the experiences and outcomes of other patients with similar profiles. The questionnaire does not produce a diagnosis or clinical assessment of your condition.
c) Care Navigation Phone Call
After you complete the questionnaire, a member of our Care Navigation team will contact you by telephone at the number you provide. By providing your telephone number, you consent to our Care Navigation team contacting you via telephone. During this call, we may:
• Review and clarify your questionnaire responses.
• Discuss available care options within our affiliate provider network.
• Answer your questions about our navigation process and affiliate providers.
• Schedule a teleconsultation or appointment with an appropriate affiliate provider on your behalf, with your consent.
d) Ongoing Text Message Communications
Throughout your care journey, Motion MSK will communicate with you via text message (SMS/MMS) to check in on your progress, share relevant care information, coordinate scheduling, and support your engagement with treatment. See Section 7 for full details regarding text messaging, including
consent, AI-assisted messaging, frequency, and opt-out procedures.
e) Provider Scheduling, Referral, and Teleconsultation
If you choose to proceed, we will coordinate scheduling with a vetted affiliate provider or arrange a teleconsultation with one of our consulting physicians. You understand and agree that:
• Your selection of a provider may be influenced by factors such as your geographic location, condition, insurance coverage, provider availability, and clinical appropriateness.
• We do not guarantee the availability of any particular provider, teleconsultation, or appointment time.
• You are free to accept or decline any referral, consultation, or recommendation at any time without penalty.
5. User Representations and Warranties
By using our Services, you represent and agree that:
• All information you provide through the Site, during phone calls, text messages, and telehealth encounters is truthful, accurate, and complete.
• You will promptly update any information that changes.
• You will not use the Site for any unlawful purpose or in violation of these Terms.
• You will not impersonate another person or misrepresent your identity or affiliation.
• You understand that misleading or inaccurate information may result in an inappropriate care referral or clinical recommendation, and Motion MSK shall not be liable for consequences arising from information you provide.
• If receiving telehealth services, you will be physically located in a state where Motion MSK’s consulting providers are licensed at the time of the encounter.
6. Privacy and Data Collection
Your privacy is important to us. Our collection, use, storage, and disclosure of your personal information—including health-related information—is governed by our Privacy Policy, available at www.motionmsk.com/privacy-policy-06-01-2026.
By using the Site and our Services, you acknowledge and consent to the collection and use of your information as described in our Privacy Policy, including but not limited to:
• Personal identifiers (name, phone number, email address, mailing address, date of birth).
• Health-related information provided through the navigation questionnaire, phone calls, text messages, and telehealth consultations (symptoms, treatment history, care expectations, clinical notes).
• Communication records between you and our Care Navigation team, health coaches, consulting physicians, and automated/AI-assisted messaging systems.
• Device and usage data related to your interactions with the Site and our text messaging services.
If your use of our Services is sponsored by or coordinated through a health plan, employer, or other third-party payer, certain information may be shared with that entity as described in our Privacy Policy and in accordance with applicable law, including Health Insurance Portability and Accountability Act of 1996, as amended (HIPAA) and its implementing regulations where applicable.
You are solely responsible for safeguarding your username, password, and any other credentials used to access your account or the Site "Login Credentials". You agree that we are not liable for any loss or damage arising from your failure to maintain the confidentiality of your Login Credentials or to secure your account.
7. Consent to Text Messages, Automated Communications, and AI-Assisted
Messaging
PLEASE READ THIS SECTION CAREFULLY. BY PROVIDING YOUR MOBILE PHONE NUMBER AND USING OUR SERVICES, YOU ARE PROVIDING YOUR PRIOR EXPRESS WRITTEN CONSENT TO RECEIVE THE COMMUNICATIONS DESCRIBED BELOW.
a) Consent to Receive Phone Calls, Text Messages & Emails
By providing your mobile telephone number and/or email address to Motion MSK—whether through our website intake form, by phone, or through any other channel—you expressly consent to receive telephone calls, text messages (SMS and MMS) and emails from Motion MSK and its authorized agents at the number and/or email address you provide. These messages may include:
• Care Navigation communications (appointment reminders, scheduling confirmations, care coordination updates).
• Health coaching check-ins and wellness messages.
• Progress and outcome surveys.
• Service-related administrative communications.
• Marketing and promotional messages related to Motion MSK services (where permitted and where you have separately opted in if required).
b) Automated and AI-Assisted Communications
You acknowledge and agree that phone calls, voicemails and text messages you receive from Motion MSK may be sent and/or generated using automated telephone dialing systems, artificial intelligence (“AI”) agents, chatbots, pre-written message templates, and/or other automated technologies. Additionally, text messages you send to Motion MSK may be received, read, and processed by AI systems and automated tools before, in addition to, or instead of a human representative.
AI-assisted messaging may be used to categorize and route your inquiry, provide general information, direct your message to the appropriate team member, and/or send follow-up communications. AI-generated messages do not constitute medical advice, diagnosis, or treatment.
If you have a clinical question, you will be connected with a qualified human professional.
Disclosure: When you interact with Motion MSK via telephone, text message or email, you may be communicating with an AI agent or automated system. Motion MSK will make reasonable efforts to identify automated or AI-generated communications. In all cases, clinical decisions and medical
advice are provided by licensed healthcare professionals, not AI systems.
c) Message Frequency and Data Rates
Message frequency varies based on your stage of care and engagement with our Services. You may receive multiple messages per week. Message and data rates may apply depending on your mobile carrier and plan. Motion MSK is not responsible for any charges imposed by your wireless carrier.
d) Opt-Out and Consent Revocation
You may opt out of text messages at any time by any reasonable method, including:
• Replying STOP to any text message from Motion MSK.
• Contacting us by email or phone as provided for in Section 24.
• Any other reasonable method of communicating your wish in writing to no longer receive text messages.
Upon receiving your opt-out request, we will honor your revocation within ten (10) business days.
We may send you one (1) final confirmatory text message to acknowledge your opt-out request. This confirmatory message will not contain any marketing or promotional content.
Please note that opting out of text messages may limit our ability to provide you with timely Care Navigation services, check-ins, and appointment reminders. Opting out of marketing text messages does not affect service-related text messages necessary to provide your care, unless you explicitly
opt out of all text communications.
e) Consent Is Not a Condition of Service
Your consent to receive automated or AI-assisted text messages is not a condition of purchasing any goods or services from Motion MSK. However, if you decline or revoke consent for service-elated text messages, alternative communication methods (phone or email) will be used, which may
impact the timeliness of communications.
f) Record Retention
Motion MSK will maintain records of your consent to receive text messages, any opt-out requests you submit, and the method by which such consent was given or revoked for a minimum of four (4) years, in accordance with applicable regulations.
8. HIPAA and Protected Health Information
To the extent applicable, if Motion MSK receives, creates, or maintains Protected Health Information (“PHI”) as defined under HIPAA and its implementing regulations, Motion MSK will handle such information in accordance with applicable HIPAA requirements and any applicable Business
Associate Agreements.
You acknowledge that standard SMS text messaging is not a fully encrypted communication channel. By consenting to text message communications, you accept the inherent security limitations of SMS/MMS messaging. Motion MSK will not include detailed clinical information, diagnoses, or other sensitive PHI in text messages except where you have specifically authorized
such communication.
If you have questions about how your PHI is handled, please refer to our Privacy Policy or contact us at sam@motionmsk.com
9. Telehealth Informed Consent
Before receiving any teleconsultation services from Motion MSK’s consulting physicians, you will be presented with a separate Telehealth Informed Consent form, available at www.motionmsk.com/telehealth-consent-06-01-2026. By signing or electronically accepting that form, you acknowledge that:
• Telehealth involves the delivery of healthcare services using audiovisual technology when you and the provider are in different physical locations.
• Telehealth has potential benefits (convenience, reduced travel, access to specialists) and potential limitations (inability to conduct a hands-on physical examination, possible technology failures, potential limitations in diagnosis without in-person assessment).
• You have the right to decline telehealth services and request an in-person consultation instead.
• The consulting provider will exercise independent medical judgment and is solely responsible for the clinical opinions rendered during the teleconsultation.
• You consent to the recording or documentation of the telehealth encounter as part of your
medical record.
• You will be in a private, safe location during the telehealth encounter and will notify the provider of any other individuals present in the room.
10. Use of Artificial Intelligence in Services
Motion MSK may use artificial intelligence and machine learning technologies in various aspects of our Services, including but not limited to:
• Automated and AI-assisted text message communications (as described in Section 7).
• Categorization and routing of incoming patient inquiries.
• Analysis of navigation questionnaire responses to recommend care pathways based on aggregated outcomes and experiences of similar patients.
• Administrative workflow automation.
Important: AI technologies used by Motion MSK are not used to make independent clinical decisions regarding your diagnosis or treatment. All clinical decisions, medical opinions, and treatment recommendations are made by licensed healthcare professionals who review and take
responsibility for any AI-assisted outputs. Where AI is used in connection with your clinical care, we will disclose this to you in accordance with applicable state law (see Section 12).
11. Consent to Phone Calls & Emails
By providing your contact information and using our Services, you consent to receive communications from Motion MSK via:
• Telephone calls, including calls made using automated dialing technology or prerecorded voice messages, for the purpose of Care Navigation, scheduling, and service-related communications.
• Email, including service-related communications and, where permitted and where you have separately opted in, marketing communications.
You may opt out of marketing communications at any time by following the unsubscribe instructions in the communication or by contacting us at info@motionmsk.com. Opting out of marketing communications does not affect service-related communications necessary to provide your care.
12. State-Specific Disclosures and Requirements
Motion MSK currently operates in the states of Florida, Oregon, Nevada, and Texas. The following supplemental disclosures and requirements apply depending on your state of residence or location at the time of service:
Texas TRAIGA AI Disclosure: Pursuant to the Texas Responsible Artificial Intelligence Governance Act (HB 149, effective January 1, 2026), Motion MSK hereby provides conspicuous written disclosure that we may use artificial intelligence systems in connection with your care. This includes AI-assisted text messaging, administrative routing, and analytical tools. When AI is used in diagnosis or treatment by a licensed practitioner, disclosure will be provided before or at the time of interaction. In emergency situations, disclosure will be provided as soon as reasonably practicable.
• Under Texas SB 1188 (effective September 1, 2025), any AI-generated clinical records or recommendations used in diagnostic contexts are reviewed by a licensed practitioner who retains ultimate responsibility for all clinical decisions.
• If you have a primary care provider and consent to a release of information, the consulting provider will make available a medical record or report with an explanation of treatment provided, along with the provider’s evaluation, analysis, or diagnosis.
13. Intellectual Property; License Grant to Company
All content, features, and functionality on the Site—including text, graphics, logos, icons, images, software, and the design, selection, and arrangement thereof—are the exclusive property of Motion MSK or its licensors and are protected by copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any content from the Site without our prior written consent.
The Site may permit you and other users to post, upload, submit, transmit, or otherwise make available text, images, photographs, graphics, videos, audio, comments, reviews, feedback, suggestions, data, information, and other materials ("User Content"). By submitting, posting, uploading, publishing, displaying, or otherwise making available any User Content on or through the Site, you hereby grant to us a worldwide, royalty-free, fully paid, non-exclusive, sublicensable (through multiple tiers), transferable, perpetual, and irrevocable license to any User
Content on or through the Site, you hereby grant to us a worldwide, royalty-free, fully paid, non-exclusive, sublicensable (through multiple tiers), transferable, perpetual, and irrevocable license to:
Use, reproduce, modify, adapt, translate, publish, distribute, transmit, display, perform, and create derivative works of your User Content in any form, medium, or technology now known or later developed.
Use your name, likeness, username, and any other identifying information included in or associated with your User Content in connection with such use, reproduction, distribution, display, and performance of the User Content, subject to our Privacy Policy.
If you submit to us any comments, suggestions, ideas, proposals, or other feedback regarding the
Site or our business, you acknowledge and agree that (i) we are under no obligation of confidentiality, express or implied, with respect to the feedback, and we shall be entitled to use, exploit, or disclose such feedback for any purpose, in any manner, in any media, worldwide, without restriction or compensation to you.
The Site may include content provided by third parties, including other users and third-party licensors. Such third-party content is the sole responsibility of the person or entity from which it originated and may be protected by intellectual property and other laws. You agree to comply with all such laws and with all restrictions identified in connection with any third-party content.
14. No Guarantees of Outcomes
We strive to connect you with high-quality affiliate providers and to deliver excellent Care Navigation, telehealth and health coaching services. However, we make no guarantees, representations, or
warranties regarding:
• The outcome of any medical treatment or care you receive from an affiliate provider or consulting physician.
• The accuracy, completeness, or reliability of information provided through the navigation questionnaire, Care Navigation calls, or AI-assisted communications.
• The availability, qualifications, or performance of any specific provider.
• Improvement of your musculoskeletal condition or symptoms.
• The Site or Services will meet your requirements or expectations.
Healthcare outcomes vary based on individual circumstances, and you acknowledge that results cannot be guaranteed.
15. Paid Services.
Certain features or Services provided through the Site may require payment of fees or charges ("Paid Services"). If you elect to use Paid Services, you agree to the applicable pricing, payment, and billing policies described at the point of purchase or in any applicable supplemental terms.
The Company does not accept Medicare or Medicare assignment rates and the Company has opted-out of Medicare. IF YOU ARE ENROLLED AS A MEDICARE BENEFICIARY (REGARDLESS OF WETHER MEDICARE IS YOUR PRIMARY OR SECONDARY INSURANCE), OR IF YOU BECOME A MEDICARE BENEFICIARY ON OR PRIOR TO YOUR RECEIPT OF SERVICES BY THE COMPANY, THEN YOU MUST NOTIFY OUR STAFF AND MAY BE ASKED
TO COMPLETE A MEDICARE PRIVATE CONTRACT FORM.
All fees are stated in U.S. dollars and, unless otherwise specified, are exclusive of any applicable taxes, levies, or duties imposed by taxing authorities. You are solely responsible for the payment of all such taxes, levies, or duties, excluding taxes on our income.
Except as expressly stated otherwise in these Terms and Conditions, in any supplemental terms, or as required by applicable law, all fees are non-refundable, and there are no refunds or credits for partially used or unused Services.
We reserve the right to change our fees and charges for Paid Services at any time in our sole discretion. We will provide you with reasonable advance notice of any change in fees for any ongoing Paid Fees (e.g., subscription) before the change becomes effective. Your continued use of the Paid Services after the fee change becomes effective constitutes your agreement to pay the modified fees.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOTION MSK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO:
• Your use of, or inability to use, the Site or our Services.
• Any medical care, treatment, or advice received from an affiliate provider or consulting physician.
• Any errors, inaccuracies, or omissions in information you provide or that we communicate, including through AI-assisted systems.
• Any unauthorized access to or use of your personal information.
• Any decision made or action taken by you in reliance on information provided through the Site, text messages, AI-assisted communications, or our Services.
• Any technology failure, interruption, or delay in telehealth or text messaging services.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE AND SERVICES EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU, IF ANY, TO MOTION MSK IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU ARE A RESIDENT OF SUCH A STATE, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
17. Indemnification
You agree to indemnify, defend, and hold harmless Motion MSK and its officers, directors, employees, agents, affiliates, and partners from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
• Your use of the Site or Services in violation of these Terms.
• Your provision of inaccurate or misleading information.
• Your violation of any applicable law or regulation.
• Any dispute between you and an affiliate provider or consulting physician.
18. Third-Party Links and Services
The Site may contain links to third-party websites or services that are not owned or controlled by Motion MSK. We are not responsible for the content, privacy policies, or practices of any third-party sites or services. Your interactions with third-party websites and services are governed by their own
terms and policies.
19. Modifications to Terms
We reserve the right to modify these Terms at any time. Changes will be effective upon posting the updated Terms on the Site with a revised “Last Updated” date. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms. We encourage you to review these
Terms periodically. For material changes, we will use reasonable efforts to notify you via the contact information on file.
20. Termination
Motion MSK reserves the right to suspend or terminate your access to the Site and Services at any time, for any reason, without notice.
You may terminate your account and your use of the Site at any time by following the account termination instructions provided on the Site or by contacting us at the contact information provided below. Termination will be effective when we process your request.
Upon termination, your right to use your account and the Site ceases immediately. Provisions that by their nature should survive termination (including limitations of liability, indemnification, intellectual property, and dispute resolution provisions) shall survive. We may, but are not obligated to, delete or deactivate your account and all related information and files, and/or bar any further access to such information or files.
21. Governing Law; Dispute Resolution; Class Action Waiver
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions, except where superseded by applicable federal law.
Before commencing any legal proceeding against us, you agree to contact us at the contact information provided below to attempt to resolve the dispute informally. We will make good-faith efforts to resolve the dispute informally, but we are under no obligation to resolve any dispute on terms not acceptable to us.
Any dispute arising out of or relating to these Terms or our Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in St. Petersburg, Florida. You agree that any arbitration shall be conducted on an individual basis and
not as a class action or representative proceeding.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction. Nothing in this section shall prevent you from filing a complaint with any applicable state or federal regulatory agency.
YOU AND MOTION MSK AGREE TO BRING CLAIMS ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS. YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND MOTION MSK EXPRESSLY, KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, CLAIM, COUNTERCLAIM, OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR YOUR USE OF THE SERVICES. THIS WAIVER INCLUDES, WITHOUT LIMITATION, CLAIMS ARISING UNDER CONTRACT, TORT, STATUTORY OR COMMON LAW, OR ANY OTHER THEORY. YOU ACKNOWLEDGE THAT THIS WAIVER IS A MATERIAL INDUCEMENT FOR MOTION MSK TO PROVIDE ACCESS TO THE SERVICES, AND THAT YOU WOULD NOT HAVE AGREED TO USE THE SERVICES WITHOUT THIS WAIVER.
YOU UNDERSTAND THAT BY WAIVING YOUR RIGHT TO A JURY TRIAL, ALL DISPUTES WILL BE RESOLVED EXCLUSIVELY THROUGH THE BINDING ARBITRATION PROCEDURES DESCRIBED IN SECTION 21 OF THESE TERMS, EXCEPT AS OTHERWISE PERMITTED BY LAW (INCLUDING SMALL CLAIMS COURT OR EQUITABLE RELIEF FOR INTELLECTUAL PROPERTY INFRINGEMENT). THIS WAIVER APPLIES TO ALL CLAIMS, WHETHER PAST,
PRESENT, OR FUTURE, KNOWN OR UNKNOWN, AND COVERS ANY DISPUTE INVOLVING THIRD-PARTY PROVIDERS OR CONTENT. YOU ACKNOWLEDGE THAT YOU HAVE HAD THE OPPORTUNITY TO CONSULT LEGAL COUNSEL BEFORE AGREEING TO THIS WAIVER, AND THAT YOU UNDERSTAND ITS LEGAL CONSEQUENCES.
IF ANY COURT OR ARBITRATOR DETERMINES THAT THIS WAIVER IS UNENFORCEABLE OR INVALID IN WHOLE OR IN PART, SUCH DETERMINATION SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THIS SECTION OR OTHER PROVISIONS OF THESE TERMS. THIS JURY WAIVER IS INTENDED TO COMPLY WITH FLORIDA STATUTES, FEDERAL LAW, AND ANY OTHER APPLICABLE LEGAL REQUIREMENTS GOVERNING CONTRACTUAL WAIVERS OF JURY TRIAL RIGHTS.
For Texas residents: Nothing in this arbitration provision limits your rights under the Texas Deceptive Trade Practices—Consumer Protection Act (DTPA) to the extent such rights cannot be waived.
You may opt out of this arbitration agreement by sending written notice to the address above within 30 days of accepting these Terms. Your notice must include Your name, email, and a statement that You reject the arbitration provision.
22. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
23. Entire Agreement
These Terms, together with our Privacy Policy, Telehealth Informed Consent Form, and any other agreements expressly referenced herein, constitute the entire agreement between you and Motion MSK regarding your use of the Site and Services.
24. Contact Information
If you have questions or concerns about these Terms, our Services, or wish to revoke any consent, please contact us at:
Motion MSK Operations
980 N. Michigan Ave, Suite 1998
Chicago, IL 60611
Email: team@care.motionmsk.com
Phone:855-920-2377
Text Opt-Out: Reply STOP to any Motion MSK text message
BY USING OUR SITE AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.