These Terms of Use govern your use of the Physioview
Web site. By using, visiting, or browsing the Physioview
Web site, you accept and agree to be bound by these Terms
of Use. If you do not agree to these Terms of Use, you
should not use the Physioview Web site.
Physioview, LLC reserves the right, from time to time,
with or without notice to you, to change these Terms
of Use at our sole discretion. The most current version
of these Terms of Use can be reviewed by clicking on
the "Terms of Use" hyperlink located at the
bottom of the pages of the Physioview Web site. The
most current version of the Terms of Use will supercede
all
previous versions. Your use of the Physioview Web site
after changes are made means that you agree to be bound
by such changes.
Any information submitted on the Physioview Web site
is subject to our Privacy Policy, the terms of which
are incorporated herein. Please review our Privacy Policy
to understand our practices.
Membership and Billing (Therapist Users)
Subscribers can find the specific details regarding
their subscriptions with Physioview at anytime by clicking
on the "My Account" tab, located at the top
of the pages of the Physioview Web site.
Free Trials
We encourage the use of our service by therapists
through free trials. To view the specific details
regarding
your free trial, if any, please visit “My Account.”
Free trials are only available to first time subscribers
of Physioview and cannot be combined with any other
offer. Only one free trial may be redeemed per clinic.
You must
have Internet access and a valid email address.
Your free trial entitles you, during the term of your
free trial, to the same service provided to our paying
subscribers for up to 10 therapists.
If you wish to continue your subscription beyond
the free trial period, you will need to subscribe.
Annual
subscriptions may be purchased with a credit card
over the Web site or by check/purchase order by mail.
Administrators will be notified by email 60 days
prior to the expiration of your subscription. At
that time,
you may update your billing information and renew
your subscription by credit card over the Web site
or by
check/purchase order by mail. Your subscription will
not automatically
renew; you will need to manually renew your subscription
if you wish to continue.
Account Information
If you subscribe or sign up for a free trial of Physioview,
you must complete the registration process by providing
Physioview with current, complete and accurate
information, as prompted by the applicable registration form. You acknowledge
that by providing any information to Physioview which is untrue, inaccurate,
not current or incomplete, Physioview reserves the right to terminate this
Agreement and your continued access and use of the
Sites and/or the Services.
In order to provide you with ease of access to your
account, Physioview, LLC will place a cookie (a
small text file) on any computer from which you access
the Physioview Web site. When you revisit the Physioview web site, this
cookie
will enable us to recognize you as the account holder and provide you with
direct access to your account without requiring you to retype any password
or other
user identification. You are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer.
The Physioview Web site and its contents and services are provided “as
is,” and any content, tools, products or services displayed, accessed
or obtained on or through the Physioview Web site and services are provided
without
warranties of any kind, either express, implied or statutory, including,
without limitation, warranties of title, non-infringement, merchantability,
or fitness
for a particular purpose. Without limiting the foregoing, Physioview and
its affiliates, suppliers, and agents do not warrant and expressly disclaim
that:
(a) your use of the Physioview Web site and/or services and access to and
use of all of the tools and features thereon will be uninterrupted, error-free,
or secure; (b) that any information obtained on or through the Physioview
Web
site
is accurate, reliable or complete; (c) that defects will be corrected;
or (d) that any software, services, sites or server(s) on which the services
and Physioview
Web site are hosted are free of viruses or other harmful components. Your
use of the Physioview Web site and the services and any information or
materials
provided on or through the sites and services are entirely at your own
risk.
Neither Physioview nor its members, directors, officers, employees, contractors,
agents or sponsors are responsible or liable (jointly or severally) to
you or to anyone else for any loss or injury or any indirect, incidental,
consequential,
special, exemplary, punitive, or other damages, whether or not advised
of the possibility of damage, under any contract, negligence, strict liability
or
other
theory arising out of or relating in any way to (a) the use or inability
to use the Physioview Web site and services; (b) any content contained
on
the
Physioview
Web site an/or services; (c) statements or conduct posted or made publicly
available on the Physioview Web site and/or services; (d) any product or
service purchased
or obtained through the Physioview Web site; (e) any action taken in response
to or as a result of any information available on the Physioview Web site
or services; (f) any damage caused by loss of access to, deletion of, failure
to store, failure to back up, or alteration of any content on the Physioview
Web
site; or (g) any other matter relating to the Physioview Web site and/or
services.
In no event shall Physioview’s tort liability to you for any and
all damages, losses, and causes of action, whether in contract, tort (including,
but not limited
to, negligence), statutory, or otherwise exceed the amount paid by you,
if
any, for using any of the services or the sites. If any applicable authority
holds
any portion of this section to be unenforceable, then liability will be
limited to the fullest possible extent permitted by applicable law.
Copyright
All content included on the Physioview Web site, including text, graphics,
logos, designs, photographs, images, audio/video clips, digital downloads,
data compilations,
and software, is the property of Physioview, LLC or its suppliers and is
protected by United States and international copyright laws. The compilation
of all content
on this site is the exclusive property of Physioview, LLC and protected
by U.S. and international copyright laws. They should be used solely for
the
purpose of patient education and cannot be reproduced or used for any other
purpose
without
express written permission from Physioview, LLC.
Trademarks
Physioview and Physioview.com are trademarks of Physioview, LLC.
All Physioview graphics, logos, page headers, button icons, scripts
and service
names
are trademarks or trade dress of Physioview, LLC. Physioview’s
trademarks and trade dress may not be used in connection with any
product or service that is not Physioview’s,
in any manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits Physioview.
We provide exercise instructional materials for physical therapists
to use with their patients/clients. Therapists are able to edit
instructions
and
materials to meet the needs of individual patients. Any opinions,
advice, statements,
services,
offers, or other information that constitutes part of the content
expressed or made available by physical therapists on the Physioview
Web site are
those of
the respective authors and not of Physioview. LLC or its members,
directors, officers, or employees. Under no circumstances shall
Physioview, LLC or
its shareholders, directors, officers, directors, or employees
be held liable
for any loss or damage
caused by your reliance on information obtained through the Physioview
Web site. It is your responsibility to evaluate the information,
opinion, advice,
or other
content available through the Physioview Web site. We permit you
to edit exercises on the Physioview Web site in accordance with
the procedures
established on
the Physioview Web site and provided that the content is not illegal,
obscene, threatening,
defamatory or otherwise objectionable to us. In posting such content,
you agree to not use a false user account or otherwise mislead
us or others
regarding the origin of such content.
Physioview does not provide medical or counseling advice. Any information
or communication on the Physioview Web site is for general health
and educational purposes only. It should never be substituted for
consulting a physical
therapist or medical or other health professional. Nothing contained
on this site,
including
any e-mail communication that is associated with the Physioview
Web site, should be construed as medical advice. Always consult
in person with a
trained health
professional on any health matters.
Nothing stated or posted on the Physioview Web site or available
through any services are intended to be, and must not be taken
to be, the practice
of medical
or counseling care. For the purposes of these Terms, the practice
of medicine or counseling includes, without limitation, psychiatry,
psychology, psychotherapy,
or providing health care treatment, instructions, diagnosis, prognosis
or advice. The Physioview Web site is continually under development
and Physioview
makes
no warranty of any kind, implied or express, as to its accuracy,
completeness or appropriateness for any purpose. Please seek the
advice of professionals,
as appropriate, regarding the evaluation of any specific information,
opinion, advice or content.
Physioview, LLC is free to use any comments, information, ideas,
concepts, reviews, or techniques contained in any communication
you may send to Physioview,
including,
without limitation, responses to questionnaires or through postings
to the Physioview Web site without further compensation, acknowledgement
or
payment
to you for
any purpose whatsoever including, but not limited to, developing,
manufacturing and marketing products and creating, modifying or
improving the Physioview
Web site or other Web sites. Furthermore, by posting any information
on our site,
submitting suggestions, or in responding to questionnaires, you
grant us a nonexclusive, royalty-free license to display, use,
reproduce or modify
that
information.
Physioview has no obligation whatsoever to monitor any of the content
or postings submitted to the Physioview Web site. However, you
acknowledge
and agree that
we have the absolute right to monitor the same at our sole discretion.
In addition, we reserve the right to alter, edit, refuse to post
or remove any
postings
or content, in whole or in part, for any reason and to disclose
such materials and
the circumstances surrounding their transmission to any third party
in order to satisfy any applicable law, regulation, legal process
or governmental
request and to protect ourselves, our clients, sponsors, users
and visitors.
Materials posted and/or uploaded to Physioview may be subject to
size and usage limitations. You are responsible for adhering to
such limitations.
By accessing the Physioview Web site, you agree not to upload,
post, email or otherwise send or transmit any material that contains
software viruses
or any
other computer code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software or hardware
or telecommunications
equipment associated with the Physioview Web site. You also agree
not to interfere
with the servers or networks connected to the Physioview Web site
or to violate any of the procedures, policies or regulations of
networks connected
to the
Physioview Web site, the terms of which are incorporated herein.
You also agree not to impersonate
any other person while using the Physioview Web site or use the
Physioview Web site for any unlawful purpose.
Unless otherwise specified, the content on the Physioview Web site
is for use with your patients/clients, and we grant you a limited
license to access
the
Physioview Web site for that purpose.
You may not copy, distribute, transmit, display, perform, reproduce,
duplicate, publish, license, create derivative works from, or offer
for sale any information
contained on, or obtained from, the Physioview Web site without
our express written consent. Any unauthorized use of the Physioview
Web site or its
contents will
terminate the limited license granted by us.
Upon a request by Physioview, you agree to indemnify, defend, and
hold Physioview and its subsidiaries, affiliates, officers, directors,
agents,
co-branders
or other partners, employees, and representatives harmless from
and against any
and all claims, damages, losses, costs or expenses (including reasonable
attorneys' fees and disbursements) which arise directly or indirectly
out of or from (a)
your breach of this Agreement, (b) any allegation that any materials
that you submit to Physioview infringe or otherwise violate the
copyright, trade
secret,
trademark or other intellectual property rights of a third party,
and (c) your access or use of the Sites and/or the Services. Physioview
reserves
the right,
at its own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, in which
even you agree
to cooperate
with Physioview in asserting any available defenses. This Section
shall survive in the event this Agreement is terminated for any
reason.
These Terms are governed by Illinois law. Any action to enforce
or interpret them, and any arbitration to resolve a dispute under
them, shall be initiated
and maintained exclusively in Cook County, State of Illinois. The
parties irrevocably submit to the jurisdiction of the courts in
Cook County and
waive all objections
they otherwise may have to jurisdiction or venue.
Unless otherwise specified herein, these Terms and the Privacy
Policy constitute the sole and exclusive agreement between you
and Physioview and its affiliates
with respect to the Physioview Web sit and supercedes all prior
and contemporaneous communications and proposals (whether or not
electronic) between you and
Physioview with respect to Physioview. If any portion of the Terms
or Privacy Policy is
held invalid or unenforceable, that portion shall be construed
in a manner consistent with applicable law to reflect, as nearly
as possible, the original
intentions
of the parties, and the remaining portions shall remain in full
force and effect.
The failure of Physioview to exercise or enforce any right or provision
of this Agreement shall not constitute a waiver of such right or
provision.
Nothing in these Terms is intended to confer any rights or remedies
under or by reason of these Terms on any persons other than the
parties to these
Terms.
We reserve the right to terminate or restrict your use of our service,
without notice, for any or no reason whatsoever.
Some Web sites may link to the Physioview Web site. Physioview
has not reviewed these Web sites and is not responsible for the
content or privacy
policies
of these Web sites.
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