Please read these Terms and Conditions of Use carefully before using this site.
These Terms and Conditions of Use (“Terms of Use”) is made by and between WebPT, Inc., a Delaware corporation, with offices at 625 S. 5th Street, Phoenix, Arizona 85004 (“WebPT” or “we”) and you (“you,” “your,” or “User”). These Terms of Use contain the terms and conditions that govern your use of the GetPT Site (“Site”).
By accessing, visiting, browsing, using, or attempting to interact with any part of the GetPT Site, you agree that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to be bound by these Terms of Use, do not access or use any part of the GetPT Site.
We reserve the right, with or without notice to you, to make any changes to these Terms of Use in our sole discretion. Continued use of this Site constitutes your acceptance of such changes. You can review the most current version of these Terms of Use, which supersedes all previous versions, by clicking on the “Terms of Use” hyperlink located at the bottom of every page on the Site.
This Site does not provide recommendations or medical advice.
The contents of the GetPT Site, such as text, graphics, images, information obtained from GetPT licensors, and other material contained on the GetPT Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition.
GetPT is not a referral service and does not recommend or endorse any particular healthcare provider. GetPT is only an intermediary that provides selected information about healthcare providers. We do not offer advice regarding the quality or suitability of any particular healthcare provider for specific treatments of health conditions. The ratings and healthcare provider information consists of statements of opinion and not statements of fact or recommendations to use the services of any specific healthcare provider. You should obtain any additional information necessary to make informed decisions prior to using any specific healthcare provider.
WebPT does not endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the GetPT Site. Reliance on any information provided by WebPT, WebPT employees, others appearing on this site at the invitation of WebPT, or other visitors to this Site is solely at your own risk. You assume all responsibility in connection with choosing any healthcare provider, whether or not you obtained such information about such healthcare provider on or through this Site. WebPT and its licensors, suppliers, and affiliates—and the directors, officers, agents, and representatives of each—assume no (and hereby disclaim all) responsibility or liability of any kind for any advice, treatment, or other services rendered by any healthcare provider as well as any malpractice claim or other such claim that may arise directly or indirectly from any such advice, treatment, or other services.
Children’s Privacy
WebPT is committed to protecting the privacy of children. You should be aware that the GetPT Site is not intended or designated to attract children under the age of 13. WebPT does not collect personally identifiable information from any person we actually know is a child under the age of 13.
Restrictions on Use
You may use the GetPT Site for purposes expressly permitted by this Site. As a condition of your use of this Site, you warrant to WebPT that you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (1) co-brand this Site or (2) frame this Site without the express prior written permission of an authorized representative of WebPT. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with WebPT in causing any unauthorized co-branding or framing immediately to cease. Additionally, you may not use this Site in any manner that could disable, overburden, damage, or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through this Site.
Personal and Non Commercial Use Limitation
The GetPT Site is for your personal and non-commercial use, unless otherwise specified. You may not use this Site for any other purpose, including any commercial purpose, without WebPT’s express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products, or services obtained from or otherwise connected to the GetPT Site.
Submissions
You hereby grant to WebPT the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to WebPT through this Site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. WebPT will not be required to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind and will not incur any liability as a result of any similarities that may appear in future WebPT operations.
WebPT will treat any Personal Information that you submit through this Site in accordance with its Privacy Policy.
Proprietary Information
The material and content accessible from the GetPT Site (the “Content”) is the proprietary information of WebPT or the party that provided or licensed the Content to WebPT, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of WebPT, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates WebPT’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site.
Hyperlinks
The GetPT Site may hyperlink to other sites that are not maintained by, or related to, WebPT. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this Site or WebPT. WebPT has not reviewed any or all of such sites and is not responsible for the content of those sites. WebPT is not responsible for webcasting or any other form of transmission received from any hyperlinked site. Users accessing hyperlinks do so at their own risk, and WebPT makes no representations or warranties about the content, completeness, or accuracy of these hyperlinks or the sites hyperlinked to this Site. WebPT provides hyperlinks as a convenience, and the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by WebPT of that site or any association with its operators.
Disclaimer
You understand that WebPT cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output and for maintaining a means external to the GetPT Site for any reconstruction of any lost data. WebPT does not assume any responsibility or risk for your use of the Internet.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WEBPT DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WEBPT DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WEBPT DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WEBPT MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. WEBPT MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and WebPT does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not or is no longer accurate or complete.
Limitation on Liability
WEBPT, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF WEBPT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF WEBPT AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE GETPT SITE OR ANY CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. REMEDIES UNDER THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
Indemnity
You will indemnify and hold WebPT, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You also will indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site.
Security
You will be responsible for the security of your password (if any). WebPT will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that WebPT considers insecure, we will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, WebPT reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. WebPT reserves the right to investigate suspected violations of these Terms of Use.
WebPT reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing WebPT to disclose the identity of anyone posting any messages or publishing or otherwise making available any materials that are believed to violate these Terms of Use. By accepting these Terms of Use, you waive and hold harmless WebPT from any claims resulting from any action taken by WebPT during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either WebPT or law enforcement authorities.
Trademarks and Copyrights
Trademarks, service marks, logos, and copyrighted works appearing in the GetPT Site are the property of WebPT or the party that provided the trademarks, services marks, logos, and copyrighted works to WebPT. WebPT and any party that provided trademarks, service marks, logos, and copyrighted works to WebPT retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.
Notice and Takedown Procedures, And Copyright Agent
If you believe any materials accessible on or from the GetPT Site infringe your copyright, you may request removal of those materials (or access thereto) from this website by contacting WebPT’s legal department and providing the following information:
- A physical or electronic signature of the copyright owner or authorized agent;
- Identification of the copyrighted work(s) claimed to have been infringed;
- Identification of the material that is alleged to be infringing or is the subject of the allegedly infringing activity that you desire to have removed, or have access to which disabled, including a location (such as a URL) and other pertinent information to allow WebPT to locate the material.
- Your name, mailing address, telephone number, and email address;
- A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
WebPT’s agent for copyright issues related to this website is as follows:
WebPT, Inc.
Attn: Legal Department
625 S. 5th Street, Bldg. A
Phoenix, AZ 85004
info@webpt.com
866-221-1870, extension 809
Complete Agreement
Except as expressly provided in a particular legal notice on the GetPT Site, these Terms of Use and the GetPT Privacy Policy constitute the entire agreement between you and WebPT with respect to the use of this Site and Content.
Miscellaneous
These Terms of Use will be governed and interpreted pursuant to the laws of Arizona. The Terms of Use and any rights, remedies, or obligations provided for in the Terms of Use shall be construed and enforced in accordance with the laws of the state of Arizona without regard to the conflicts provisions thereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in Phoenix, Arizona.
If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and WebPT as a result of this agreement or use of the GetPT Site.
Last updated: March 23, 2015