PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS APPLY TO YOUR USE OF (A) THIS WEBSITE (THE “WEBSITE”), (B) THE PTLINKED MOBILE APP (THE “MOBILE APP”), AND (C) THE EXERCISES AND OTHER INFORMATION MADE AVAILABLE THROUGH THIS WEBSITE AND THE PTLINKED MOBILE APP (THE “CONTENT”).
USING OR ACCESSING THE WEBSITE, THE MOBILE APP, OR THE CONTENT, ESTABLISHES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND YOUR AGREEMENT THAT THESE TERMS AND CONDITIONS ARE THE ENTIRE AGREEMENT BETWEEN YOU AND PTLINKED REGARDING THE WEBSITE, THE MOBILE, APP AND THE CONTENT.
PTLINKED MAY CHANGE THESE TERMS AND CONDITIONS AT ANY TIME. YOU AGREE TO THOSE CHANGED TERMS AND CONDITIONS BY CONTINUING TO ACCESS AND USE THE WEBSITE, THE MOBILE APP, OR THE CONTENT.
THE WEBSITE, THE MOBILE APP, AND THE CONTENT ARE NOT INTENDED FOR USE BY ANYONE UNDER THE AGE OF 13. YOU CANNOT USE THE SITE UNLESS YOU ARE AT LEAST 18 YEARS OLD AND LEGALLY ABLE TO AGREE TO THESE TERMS AND CONDITIONS, OR 13 OR OLDER AND HAVE YOUR PARENT OR GUARDIAN'S CONSENT TO THE AGREEMENTS.
1. PERMITTED USE.
Any Website visitor may (i) use the Website to access and use Content, (ii) use the Website email feature to initiate emails that contain links to the Website and Content, (iii) print copies of Content for their personal use, or (iv) request appointments with physical therapists and other qualified health care providers. Any Mobile App user may use the Mobile App (i) for personal use to access and use exercises and exercise programs included in the Content, and (ii) to store exercises and exercise programs through the storage tools provided.
2. PTLINKED (PATIENT) ACCOUNT HOLDERS.
In addition to permitted uses described in Section 1 above, PTLINKED (patient) account holders may be required to agree to additional User Terms and Conditions when they first access their patient portal. PTLINKED patient account holders are responsible for maintaining the security of their usernames and passwords, and all use of their accounts. PTLINKED may suspend or terminate any account at any time in PTLINKED’S discretion.
3. PTLINKED (PROVIDER OR PROFESSIONAL) ACCOUNT HOLDERS.
In addition to permitted uses described in Section 1 above, PTLINKED PRO account holders may be required to agree to additional User Terms and Conditions when they first access their provider portal. PTLINKED PRO account holders are responsible for maintaining the security of their usernames and passwords, and all use of their accounts. PTLINKED PRO account holders may (i) use Telehealth and video conferencing, exercise prescription and care delivery tools that they have paid the applicable fees to use, (ii) use and modify Content to provide services to individuals, (ii) establish user accounts for those individuals, and (iii) deliver Content and modified Content to those individuals through the PTLINKED system, or such other means as PTLINKED may make available.
Subscription Fees or Enterprise License Fees paid by PTLINKED PRO account holders, or Companies paying for PTLINKED PRO account holders, are non-refundable. To terminate any PTLINKED PRO account, notice must be provided at least thirty (30) days in advance of the next renewal period. PTLINKED may suspend or terminate PTLINKED PRO accounts at any time for security reasons, breach of the User Terms and Conditions, or overdue payment.
4. PTLINKED (ADMIN) ACCOUNT HOLDERS.
In addition to permitted uses described in Section 1 above, PTLINKED Admin account holders may be required to agree to additional User Terms and Conditions when they first access their Admin portal. PTLINKED Admin account holders are responsible for maintaining the security of their usernames and passwords, and all use of their accounts. PTLINKED may suspend or terminate any Admin account at any time in PTLINKED’S discretion.
5. PTLINKED SERVICE RECIPIENTS.
If you receive Content or modified Content through an account established for you by a service provider, your use of the Website, the Mobile App, and that Content and modified Content is subject to these Terms and Conditions. PTLINKED may terminate your account at any time for security reasons, breach of these Terms and Conditions, or if your service provider does not pay the applicable fees for your account.
6. PROHIBITED USE AND CONDUCT.
You may not use the Website, the Mobile App, or any Content in any manner that (i) is illegal, or may result in civil or criminal liability, (ii) interferes with, infringes or violates the rights of others, (iii) is defamatory or abusive, (iv) may interfere with the use of the Website, the Mobile App, or the Content by others, (v) may disrupt, limit or damage the operation of the Website or the Mobile App, (vi) creates or disseminates bulk email, SPAM, or (vii) otherwise violates the policies established by PTLINKED in its discretion.
Except as expressly provided in Sections 1, 2, 3, 4, and 5 above (as and to the extent those provisions are applicable to you), all copying, downloading, reproduction, distribution, adaptation, modification or communication of, or linking to Content or any portion of the Website or the Mobile App is prohibited. Screen scraping and other methods Robots, spiders and other automatic devices may not be used by anyone to monitor or copy any portion of the Website, the Mobile App, any Account, or the Content.
7. HEALTH AND SAFETY INFORMATION.
Take proper precautions before beginning any exercise program, including seeing your physical therapist, physician or other qualified health care provider. Learn more about the Health and Safety Information in this Website’s legal section.
9. USER PROVIDED CONTENT.
In the course of your use of the Website or the Mobile App, you might provide or communicate content or information to PTLINKED or to others. One way that happens is when you use the email features of the Website or the Mobile App.
PTLINKED makes and retains copies of that content and information in the course of the operation of the Website and the Mobile App. You grant to PTLINKED a license to use, reproduce, display, perform, and distribute such content and information as necessary for PTLINKED to manage and operate the Website or the Mobile App, for purposes of security, and for the investigation of complaints and possible unlawful activities.
PTLINKED does not monitor all of the content or information posted, transmitted or communicated by others through the Website or the Mobile App. You are responsible for all content and information you post, transmit or communicate. PTLINKED may use filters and other technology in the effort to detect and remove viruses, to limit spam and undesirable communication, and to protect the Website and the Mobile App from disruption or damage, as PTLINKED considers necessary or appropriate in its sole discretion. Action taken by PTLINKED to limit transmission of or access to any communication, information or content is not an assumption by PTLINKED of responsibility for any such communication, information or content.
The Website, the Mobile App, and the Content, and all videos, animations, voiceover, music, artwork, graphics, trademarks, logotypes, data and other material accessible through the Website and the Mobile App are the property of PTLINKED or its suppliers. United States and international trademark, copyright and other intellectual property right laws protect the Website, the Mobile App, the Content and all such data and other material.
11. LINKS AND REFERENCES.
The Website and the Mobile App may contain links to websites operated by others. The Website and the Mobile App may also contain references to products and services offered by others. PTLINKED is not responsible for, and will have no any liability of any kind with respect to those websites, products or services, or the individuals or businesses that operate those websites or offer or provide those products or services. You should direct all of your questions, concerns or complaints about those websites, products or services to the individuals or businesses that operate those websites or offer those products or services.
12. TRANSACTIONAL DATA.
“Transactional Data” means all information that is collected or accessed as a result of your use of the Website or the Mobile App. You grant PTLINKED a perpetual, worldwide, irrevocable, royalty-free license, with the right to grant sublicenses, to (i) use Transactional Data in any manner for our internal business purposes, including research, development and the provision of services to you and others, (ii) distribute and disclose Transactional Data that is de-identified, and (iii) grant third parties the rights to use, distribute and disclose Transactional Data that is de-identified.
13. DISCLAIMER OF WARRANTIES.
ACCESS TO AND USE OF THE WEBSITE, THE MOBILE APP, AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE.” PTLINKED MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, THE MOBILE APP, OR THE CONTENT.
14. LIMITATION OF LIABILITY.
PTLINKED WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATING TO (A) THE WEBSITE, THE MOBILE APP, OR THE CONTENT, OR (B) THE USE OF THE WEBSITE, THE MOBILE APP, OR THE CONTENT. IN NO EVENT WILL PTLINKED’S LIABILITY OF ANY KIND INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF PTLINKED SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IN NO EVENT WILL PTLINKED’S LIABILITY OF ANY KIND EXCEED $100.
15. WAIVER AND INDEMNIFICATION.
You hereby release and discharge PTLINKED, and PTLINKED’s employees, contractors, officers directors, and suppliers, from all liability of any kind that arises out of or relates to your use of the Website, the Mobile App, and the Content.
You will indemnify and hold harmless PTLINKED, and PTLINKED’S employees, contractors, officers, directors, and suppliers from all cost, liability and expense arising out of your use of the Website, the Mobile App, and the Content.
PTLINKED may take any action to enforce these Terms and Conditions, and to respond to complaints or allegations of misconduct as PTLINKED deems necessary or appropriate. You agree to cooperate with PTLINKED in addressing any violation of the Terms and Conditions, and in responding to complaints or allegations of misconduct, including but not limited to claims of infringement of other violation of the rights of others.
PTLINKED may change the Website, the Mobile App, and the Content in any way and at any time, in PTLINKED’S sole discretion.
18. COPYRIGHT INFRINGEMENT CLAIMS.
Copyright infringement claims with respect to the Website, the Mobile App, and the Content must include:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit PTLINKED to locate the material.
(iv) Information reasonably sufficient to permit PTLINKED to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party 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.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright infringement claims should be sent to:
These Terms and Conditions will be interpreted and construed in accordance with the laws of the State of Minnesota. All controversies and claims arising out of or relating to these Terms and Conditions will be settled by arbitration in Minneapolis, Minnesota administered by the American Arbitration Association under their Commercial Arbitration Rules. The arbitration will be conducted in the English language. Judgment on any award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
If any part of these Terms and Conditions is held illegal, void or ineffective, the remaining portions will remain in full force and effect. No failure by either party to take any action or assert any right under these Terms and Conditions will be deemed to be a waiver of that right in the event of the continuation or repetition of the circumstances giving rise to that right.
20. CONTACT US.
Questions, comments or concerns about these Terms and Conditions should be directed to: firstname.lastname@example.org.