These Term of Use (the "Terms") govern the use of the PTRx.org (" PTRx") website accessible at www.ptrx.org (the "Website").
PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH THE TERMS, DO NOT USE THE WEBSITE. THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION.
The Website Does Not Provide Medical Advice
The contents of the Website, such as text, graphics, images, and other materials created by PTRx or obtained from PTRx's licensors, and other materials contained on the Website (collectively, "Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. PTRx IS NOT A MEDICAL PROVIDER IT CANNOT GIVE MEDICAL ADVICE OR PROVIDE ANY INFORMATION CONCERNING THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL OR HEALTH CONDITION. THE INFORMATION ON THE WEBSITE DOES NOT PROVIDE MEDICAL OR TELEMEDICINE SERVICES OF ANY KIND. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website.
PTRx does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided on the Website is solely at your own risk.
Physical exercise may result in injury, and not all exercises are safe or suitable for everyone. You should always consult your doctor or therapist before beginning any exercise, fitness or rehabilitation program, especially if you have any chronic or recurring condition, and/or if you are pregnant, nursing, or elderly. PTRx is not responsible or liable for any injury or illness you suffer from physical exercise. By engaging in an exercise or fitness program, you assume all risks of injury and illness. You should always warm up as directed by your doctor or therapist before beginning any workout and never exercise beyond the level at which you feel comfortable.
Stop exercising immediately if you experience pain, soreness, fatigue, shortness of breath, dizziness, lightheadedness, blurred vision, headache, nausea, sickness, illness, dehydration, excessive sweating, or any other discomfort. If any of these symptoms persists after you stop exercising, please seek medical help immediately.
These Terms govern the access and use of the Website by all individual users.
Use of the Website constitutes acceptance of these Terms. These Terms will continue in force and effect until we change them. We reserve the right to change the Terms at any time in our sole business discretion. We will make reasonable efforts to notify users of changes to the Terms via the Website.
Use of the Website
PTRx grants you the right to access and use the Website for your individual use. You may not transfer or share your access code with any other person. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from the Website.
The Website is not intended for use by anyone under age 18. You represent and warrant that you are age 18 or older or have your parent or guardian's express permission to access and use the Website. You must be a resident of the United States to use the Website. You may not use the Website if you are barred from doing so under the laws of the United States or other country, including the country or your permanent residence or from which you access and use the Website. You may use the Website only for your own personal, non-commercial use, and only for legally permitted purposes.
If you access and use the Website on your smartphone, tablet or other mobile device, you are responsible for all charges (including data and messaging charges) relating to use of the Website through your mobile device. We do not guarantee that the Website is compatible with any particular operating system, browser, mobile device or other software or equipment.
In using the Website, you must accept usage restrictions. We intend these so that we can retain control over the Website and make it consistently available to all our users.
You may not use the Website for any unlawful or unauthorized use, including but not limited to the following:
· use or attempt to use the Website or any of the Content for any unlawful purpose, including, without limitation: operating any scam or fraudulent scheme (such as a pyramid or ponzi scheme); impersonating another, or making unauthorized use of another's information; disseminating junk email, spam, or other unsolicited and unwanted messages or communications; or collecting personal information from or about others (including your farm customers) without their knowledge or consent, including through "phishing" or under any other false pretense;
· use or attempt to use the Website to upload, store, post, display, transmit, publish or distribute any material that: (i) is unlawful; threatening; harassing; abusive; hateful; discriminatory; derogatory; obscene; vulgar; pornographic; excessively violent; false, deceptive or misleading; defamatory or libelous; or otherwise offensive; (ii) promotes, solicits or aids crimes or illegal activities; (iii) promotes or solicits violence; (iv) promotes or solicits gambling, public intoxication, underage drinking, or drug abuse; (v) promotes or solicits animal cruelty; (vi) contains, promotes, or links to fake offers, scams, or other fraudulent schemes (such as pyramid schemes and ponzi schemes); (vii) contains, promotes, or links to viruses, worms, Trojan horses, spyware, malware, ransomware, or other malicious, harmful or disruptive code or material that is designed to damage, interfere with, intercept, lock out, or expropriate any software, hardware, information or data; or (viii) violates or misappropriates another's copyright, trademark, trade secret, patent, right of publicity, right of privacy, contractual right, or other property or proprietary right of any kind (including, without limitation: using another's name, likeness, photo, or other identity without consent);
· make copies of (except as may be permitted herein), modify, alter, translate, or otherwise create derivative works from, or transmit, publish, sell, transfer, license, or otherwise distribute (other than as expressly permitted by applicable law), the Website or any of the Content;
· use or attempt to use the Website for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes, including, without limitation, for the purpose of developing any product or service to compete against PTRx;
· interfere in any way with the operation of the Website, or any server, network or system associated therewith, including, without limitation: hacking, mail-bombing, flooding, overloading, or making "denial of service" attacks; probing, scanning or testing the vulnerability of the Website, or any server, network or system associated therewith; breaching or circumventing firewall, encryption, security or authentication routines; accessing data not intended for you, or accessing another's account that you are not expressly authorized to access;
· use or attempt to use any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, or automated agents or scripts) to access the Website, or to generate automated, requests, or queries to the Website, or to strip, scrape, extract, or mine data or information from the Website;
· remove, erase, conceal, alter, or otherwise tamper with PTRx or third-party intellectual property, attribution, or other proprietary rights or legal notices included in the Website or any of the Content;
· link to, frame, or otherwise create a browser or border environment around, the Website or any of the Content, without the express prior written consent of PTRx;
· use any trademark or service mark of PTRx: (i) for advertising, promotional, marketing, sale, or any other commercial or for-profit purposes (unless with the express prior written consent of PTRx); (ii) in any way that falsely suggests or implies an association or affiliation with, or endorsement, sponsorship or approval by, PTRx or the Website; or (iii) in any way that defames or disparages PTRx or the Website; or
· otherwise use the Website or any of the Content in a way that violates these Term or any applicable law.
Please be aware that we reserve the right to terminate your access to and use of the Website immediately and without prior notice to you if you violate the foregoing restrictions or otherwise violate these Term.
Notice Specific to Documents Available on this Website
Permission to use documents provided on the Website, such as exercise printout sheets (the "Documents") is granted, provided that (1) the copyright notice at the end of these Terms appears in all copies; (2) the Documents may be used for personal purposes only and may not to be copied or posted on any network computer or broadcast in any media, and that no other form of distribution shall be made; and that (3) no modifications of any of the Documents are made. Any other uses are expressly prohibited by law and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The Documents defined above exclude the design or layout of the Website or any other PTRx owned, operated, licensed, or controlled website. Elements of the PTRx websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly permitted by PTRx.
PTRX MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CAREWIRE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE DOCUMENT INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL CAREWIRE BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE DOCUMENTS OR OTHER INFORMATION AVAILABLE FROM THE WEBSITE.
THE DOCUMENTS AND INFORMATION PUBLISHED ON THE WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. PTRX MAY MAKE CHANGES TO THE CONTENT DESCRIBED IN THE DOCUMENTS AND ON THE WEBSITE AT ANY TIME.
You agree to defend, indemnify, and hold harmless PTRx, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, assigns, and representatives (collectively, "PTRx Parties"), from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (i) your violation of these Term, or(ii) your use of the Website, including, but not limited to, any use of the Content, services, and products other than as expressly authorized in these Term, or your use of any information obtained from the Website, or (iii) any injury (including death), damage or loss incurred by you, or caused to any third party by you, in connection with or in the course of your use of the Website.
By using the Website, you also hereby release and forever discharge (to the fullest extent permitted by applicable law) PTRx Parties from any and all claims, actions, causes of action, liabilities, damages, losses, costs and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (i) the Website (or any of the Content); (ii) any information, product, service, or other material available through the Website; and/or (iii) your use of (or inability to use), or your reliance upon, the Website (or any of the Content), or any information, product, service, or other material obtained from the Website.
Intellectual Property Rights
PTRx retains all ownership and intellectual property rights to the Website, the Content, the Documents, or any content stored on the Website except for the limited usage rights granted to these Terms. These Terms do not grant you the right to use any branding, logos, or content used on the Website.
If you are a copyright owner and believe your copyrighted material has been used on the Website in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending email notices to firstname.lastname@example.org.
Please include the following information in your notice to us: (1) a detailed description of the allegedly infringed copyrighted material, (2) a description of the location of such material on the Website, (3) your contact information, including address, telephone number, and email address, if any, (4) your statement that you have a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent or the law, (5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf, and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert copyright infringement and to submit the statement.
Warranties and Disclaimer
You understand and agree that these Terms create a legally binding contract governing your use of the Website. You warrant that your use of the Website will comply with all of your obligations to third parties and all applicable laws, rules, and regulations of all federal and state legal jurisdictions and governmental agencies.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, THE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, THE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PTRX NOR ANY PERSON ASSOCIATED WITH PTRX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER PTRX NOR ANYONE ASSOCIATED WITH PTRX REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, PTRX HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT ALLOWED BY LAW, WE WILL HAVE NO FINANCIAL LIABILITY TO USERS FOR ANY AND ALL CLAIMS RELATING THEIR USE OF THE WEBSITE PURSUANT TO THESE TERMS.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL PTRX, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
All notices you provide to us concerning these Terms must be delivered in person or by means evidenced by a delivery receipt to our principal business office and addressed to the attention of the PTRx Chief Executive Officer.
These Terms are governed by the laws of the State of Minnesota and applicable U.S. federal law. All legal actions to enforce or interpret these terms shall be commenced exclusively in the state or federal courts located in Hennepin County, Minnesota, and you consent to the exclusive jurisdiction and venue of such courts.
At PTRx's sole discretion, it may require you to submit any disputes arising from these Terms or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Minnesota law.
Waiver Of Right To Pursue Class Action Claims.
You agree to only resolve disputes with us on an individual basis, and waive any right to pursue any claims on a class or consolidated basis or in a representative capacity. YOU AND PTRX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
You may not assign or otherwise transfer your rights under these Terms without our prior written consent, which consent may be withheld for any reason in our sole discretion. We may freely transfer our rights under these Terms in our sole discretion.
These Terms are binding upon, and inure to the benefit of, the parties and their permitted respective successors and assigns.
Waiver of Terms
Any waiver or failure by PTRx to exercise its rights under these Terms will not create a continuing waiver of such rights. If any provision of these Terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and will be interpreted, to the extent possible, to achieve the purposes as originally expressed in the invalid, illegal or unenforceable provision.
These Terms state our entire agreement with you concerning use of the Website.
Copyright © 2018-2019 by Joe Burbach Corp. d/b/a PTRx All rights reserved.
Last revised: October, 2019.