Terms of Service for Physiobot.io
PHYSIOBOT (BY PHYSIOBOT LLC) CANNOT AND SHOULD NOT REPLACE PHYSICAL THERAPY. IF YOU THINK YOU NEED A PHYSICAL THERAPY PROGRAM, PLEASE CONTACT A PHYSICAL THERAPIST OR PHYSICIAN. THE RESOURCES ON THIS SITE ARE INFORMATIONAL IN NATURE, AND NOT A SUBSTITUTE FOR PROFESSIONAL HEALTH CARE OR MEDICAL ADVICE.
INTRODUCTION
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Welcome to Physiobot.io. This website is owned and operated by Physiobot LLC. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy section below for more information).
This agreement is in effect as of March 9, 2019.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
DISCLAIMER: PHYSIOBOT.IO AND THE RESOURCES HEREIN ARE NOT A SUBSTITUTE FOR PROFESSIONAL HEALTH CARE OR MEDICAL ADVICE
THE RESOURCES AND ANY INFORMATION CONTAINED IN OR PROVIDED THROUGH THE RESOURCES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. YOUR USE OF THE RESOURCES IS VOLUNTARY AND AT YOUR SOLE RISK. THE USER ACCEPTS AND AGREES THAT THEY PERFORM ANY AND ALL EXERCISES FEATURED ON THIS WEBSITE AT THEIR OWN RISK.
THE WELLNESS-RELATED INFORMATION AVAILABLE THROUGH THE RESOURCES IS GENERAL IN NATURE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. IT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED, AND SHOULD NOT BE USED, TO REPLACE THE ADVICE OF HEALTHCARE PROFESSIONALS. YOU ARE SOLELY RESPONSIBLE FOR YOUR RELIANCE ON THE RESOURCES AND THE WELLNESS-RELATED INFORMATION AVAILABLE THROUGH THE RESOURCES, AND FOR ALL DECISIONS OR ACTIONS RESULTING FROM YOUR USE OF THE RESOURCES AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO ANY DECISION NOT TO SEEK OR REFRAIN FROM SEEKING ANY DIAGNOSIS OR TREATMENT. YOU ARE ALSO SOLELY RESPONSIBLE FOR YOUR DECISION TO USE THE SERVICES OF ANY PARTICULAR THIRD-PARTY PROVIDER. IF YOU HAVE SPECIFIC HEALTHCARE NEEDS, OR FOR COMPLETE HEALTH INFORMATION, PLEASE SEE A DOCTOR, PHYSICAL THERAPIST, OR OTHER HEALTHCARE PROVIDER.
RESPONSIBLE USE AND CONDUCT
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date. You also represent that you are over 13 yrs of age.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
iii. Contains any type of unauthorized or unsolicited advertising;
iv. Impersonates any person or entity, including any Physiobot LLC employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third-party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
h. We do not assume any liability for any content posted by you or any other third-party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any third-party copyrights or trademarks, becomes the property of Physiobot LLC, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.
i. You agree to indemnify and hold harmless Physiobot LLC and its affiliates (suppliers and any third parties) and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption), including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
USER NAMES, PASSWORDS AND SECURITY
You may be required to register with Physiobot LLC to access certain services or areas of the Resources. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
Your user name and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Resources, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Resources, to any third party. You are fully responsible for all interaction with the Resources that occurs in connection with your password or user name. You agree to immediately notify Physiobot LLC of any unauthorized use of your password or user name or any other breach of security related to your account or the Resources, and to ensure that you "log off"/exit from your account with the Resources (if applicable) at the end of each session. To report unauthorized access or use of the Resources, email matt@physiobot.io. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
PRIVACY
Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.
LIMITATION OF WARRANTIES
By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Physiobot LLC or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
LIMITATION OF LIABILITY
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of our products and/or services. Physiobot LLC will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
INDEMNIFICATION
To the fullest extent permitted under law, you will defend, indemnify and hold harmless Physiobot LLC and its affiliates, and its officers, directors, employees, agents and licensors from and against all claims, actions, liabilities, losses, expenses, damages and costs (including reasonable attorneys' fees) arising out of or related to your use of the Resources or any violation of these Terms by you.
COPYRIGHTS / TRADEMARKS
All content and materials available on physiobot.io, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Physiobot LLC, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Physiobot LLC.
THIRD-PARTY INFORMATION AND LINKS TO THIRD-PARTY WEBSITES
The Resources may contain information concerning Third-Party Providers and other third parties (sometimes referred to as "partners or advertisers") who may offer third-party products or services compatible with the Resources. The Resources may also provide links to third-party websites (including websites of Third-Party Providers) as a paid service to Third-Party Providers. Such information and links are provided for your convenience. Physiobot LLC and its affilliates do not monitor, control or endorse, and ARE not responsible or liable for, such third-party products, services or websites or the content contained therein.
TERMINATION OF USE
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
GOVERNING LAW
This website is operated by Physiobot LLC registered in the State of Colorado in the United States. It can be accessed by users in most countries around the world. As each country has laws that may differ from those of the United States and the State of Colorado, by accessing our website, you agree that the statutes and laws of Colorado, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the Federal or State courts located in the State of Colorado, USA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
REFUNDS AND GUARANTEES
PHYSIOBOT LLC HAS A NO REFUND POLICY. UNLESS OTHERWISE EXPRESSED, PHYSIOBOT LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MISCELLANEOUS
If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. These Terms, together with all policies referred to herein, are the entire Agreement between you and Physiobot LLC relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Physiobot LLC relating to such subject matter.
QUESTIONS
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at matt@physiobot.io.