Terms and Conditions

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

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.

MEMBERSHIP TERMS

Subscription to the annual Physiobot Membership is $179/year, billed automatically after a 7-day free trial unless cancelled during the free trial.

Subscription to the monthly Physiobot Membership is $39/month, billed automatically after a 7-day free trial (if included in your subscription offer) unless cancelled during the free trial.

ALL SALES ARE FINAL FOLLOWING THE TRIAL PERIOD. PLEASE NOTE THERE ARE NOT REFUNDS FOR PARTIALLY UNUSED MEMBERSHIP CYCLES.

UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF THE FREE TRIAL PERIOD, WE WILL CHARGE A MEMBERSHIP FEE FOR YOUR NEXT BILLING CYCLE TO YOUR PAYMENT METHOD ON FIL WHEN YOUR SUBSCRIPTION AUTOMATICALLY RENEWS.

If you purchase a subscription to Physiobot, your subscription is continuous and will be automatically renewed at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period by contacting us. If you cancel your subscription, your account will automatically close at the end of your current billing period. Physiobot LLC may change the price for your subscription, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Physiobot services after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Services prior to the price change going into effect.

Please note there is a strict no-refund policy during promotional offers and/or campaigns that include but are not limited to an extended trial, a discounted rate, and/or other unique promotional offer that falls outside of our traditional subscription offers.

When/if your subscription starts with a free trial, the duration of the free trial period of your subscription lasts will be specified during sign-up and is intended to allow new users to try the service. Free trial eligibility is determined by Physiobot LLC at its discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Individuals, households, or members of an organization with an existing or recent Physiobot membership are not eligible. We may use information such as method of payment or an account email address used with an existing or recent Physiobot membership to determine eligibility.

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.

USERS MUST BE 18 YEARS OLD OR ABOVE

Our Site is not intended for user under 18 years of age. No one under age 18 may provide any information to or through the Site. We do not knowingly collect Personal Data from user under 18. If you are under 18, do not use our Site, or provide any information on our Site. If we learn we have collected or received Personal Data from a user under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from a user under 18, please contact us at matt@physiobot.io or call us at (303) 748-8400.

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.

DISPUTE RESOLUTION; ARBITRATION AGREEMENT

We will try to work in good faith to resolve any issue you have with the Site, including without limitation, Services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.

You and Physiobot LLC agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms of Use or your use of the Site, including without limitation, Services ordered or purchased through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Prehab are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Physibot LLC.

If you desire to assert a claim against Physiobot LLC, and you therefore elect to seek arbitration, you must first send to Physiobot LLC, by certified mail, a written notice of your claim (“Notice”). The Notice to Physiobot LLC should be addressed to: Physiobot LLC, Attn: Legal Dept., 2895 Heidelberg Drive, Boulder, CO 80305 (“Notice Address”). If Physiobot LLC desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Physiobot LLC, must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought (“Demand”). If Physiobot LLC and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Physiobot LLC may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Physiobot LLC or you shall not be disclosed to the arbitrator.

You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at http://www.adr.org. If you are required to pay a filing fee, after Physiobot LLC receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $2,000.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at http://www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address.

The arbitrator is bound by the terms of these Terms of Use.

All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope and enforceability of these Terms of Use, including, but not limited to, this arbitration agreement. Unless Physiobot LLC and you agree otherwise, any arbitration hearings will take place in Boulder County, Colorado. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including, but not limited to, the AAA rules regarding the selection of an arbitrator).

If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Physiobot LLC's last written settlement offer made before an arbitrator was selected (or if Physiobot LLC did not make a settlement offer before an arbitrator was selected), then Physiobot LLC will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

YOU AND PHYSIOBOT LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Further, unless both you and Physiobot LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

If the arbitration terms and conditions of this Section 20 are found to be unenforceable, then (i) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect, and (ii) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Boulder County, Colorado.

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.

CAN-SPAM ACT COMPLIANCE

Physiobot LLC is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM ACT”). Emails, text marketing, and newsletters received from us are intended to fully comply with the CAN-SPAM ACT. In the event you receive an email, voicemail and (or) text message from us which you do not believe is fully compliant with the CAN-SPAM ACT, please contact us immediately at the address listed below under the section “Contact Us.”

You shall not use or permit any of your employees, agents, or affiliates to market, promote, or solicit Physiobot LLC products or services in ways that would violate the CAN-SPAM ACT or any other laws. You shall not: (a) infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (“spamming”); (b) propagate computer worms or viruses; (c) use a false identity; (d) attempt to gain unauthorized entry to any site or network; or (e) infringe copyrights, trademarks, or other intellectual property rights.

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.