TERMS OF SERVICE | PT Browser

PT Browser

These Terms of Service provide you with the terms that permit you to use the PT Browser site (the “Site”); and all of the information on the Site. Use of the Site includes viewing, accessing, browsing, contributing to and uploading/downloading content.

PT BROWSER is for professionals, students, organizations, or corporations supporting professionals working in or studying rehab therapy. If you are not ... don't join.

INFORMATION ABOUT US
PT Browser is a site developed by a private company i.e. VPapps Inc.
Please read these Terms of Service carefully before you start to use the Site as these will apply to your use of the Site. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE PLEASE DO NOT VIEW, ACCESS, BROWSE, OR CONTRIBUTE TO THE PT BROWSER SERVICES.

The content on or accessible through PT Browser is for informational purposes only. PT Browser information is not a substitute for expert medical services from a qualified healthcare provider.

By using the Site you signify that you have read, and agree to be bound by these Terms of Service.

These Terms of Service refer to and incorporate:

PT Browser Privacy Policy which sets out the terms on which VPapps Inc. processes any personal data it collects from you, or that you provide to Physio PT Browser

VPapps Inc. may modify these Terms of Service at any time and without notice, so please review them periodically so that you are aware of any such modification. Your continued use of the Site will mean you accept those changes and such changes will therefore be binding upon you.

VPapps Inc. reserves the right to modify or terminate the PT Browser site or any Member account, and to update the Site and change or remove any text, images, videos, graphics and other information at any time and for any or no reason, without notice and with no liability. Content on the Site may be out of date at any given time, and VPapps Inc. is not obliged to keep it up to date.

ACCESSING THE SITE

VPapps Inc. does not guarantee that the Site, or any Content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. VPapps Inc. may suspend, withdraw or discontinue or change all or any part of the Site without notice. VPapps Inc. will not be liable to its Members if for any reason the Site is unavailable at any time or for any period.

EDUCATIONAL PURPOSES

PT Browser is intended as an educational resource for members working in the healthcare profession to learn about issues relating to therapy. There is absolutely no assurance that any statement contained or cited in the Content touching on medical matters is true, correct, precise, or up-to-date. Even if a statement made about medicine is accurate, it may not apply to patients in your care. If you are a patient or suspect that you are suffering from a medical condition, see your doctor for medical advice and diagnosis. If you are affected by any potential health or medical emergency, call your local emergency service immediately.

PT Browser does not recommend or endorse any treatment, institution, product, professional, physician, procedure, test, opinion or other information that may be mentioned in the site. By using PT Browser you understand and agree that the Content is written and monitored in a collaborative effort by a large community of people not controlled by VPapps Inc. and the Content is constantly changing. VPapps Inc. does not validate or otherwise endorse the Content, nor does it validate the credentials of the people contributing to the Site.

The Content and the use of the Content by you DOES NOT create a doctor-patient relationship between you and VPapps Inc. or any of the personnel, or VPapps Inc. personnel or anyone else connected with the site in any way whatsoever.

GENERAL DISCLAIMER

YOU USE PT BROWSER AT YOUR OWN RISK. PLEASE BE AWARE THAT ANY INFORMATION YOU MAY FIND IN PT BROWSERS MAY BE INACCURATE, MISLEADING, DANGEROUS, ILLEGAL OR DOES NOT CORRESPOND WITH THE STATE OF KNOWLEDGE IN THE FIELD OF REHAB THERAPY.

No guarantee of validity

PT Browser is an online open-content site that is a voluntary association of individuals and groups working to develop a common resource of therapy knowledge. The structure of the site allows anyone who is a Member to alter its content. VPapps Inc. therefore cannot guarantee the validity of the information provided on the Site. VPapps Inc. does not monitor or edit the information provided on the Site and does not take any responsibility for this information.

Furthermore, we do not endorse any opinions expressed on the Site and only provide access to this information.

Some information on the PT Browser site may create an unreasonable risk for those users who choose to apply or use the information in their own activities or to promote the information for use by third parties.

The members may not be qualified to provide you with complete information or to inform you about adequate safety precautions or steps you can take to prevent injury, bodily damage, or other damages to your patients, property or reputation.

None of the Members of PT Browser are responsible for your use of the information provided through the site and/or contained in or linked from the Site.

No formal peer review

PT Browser is not peer reviewed. None of the Members of PT Browser are responsible for the appearance of any inaccurate or libelous information or for your use of the information contained in or linked from the Site.

No contract; limited license

Content provided in PT Browser is provided freely, and no agreement or contract is created between you and VPapps Inc. (the owners of the Site) or users of the Site, the owners of the servers upon which it is housed, the Members of PT Browser, or anyone else who is in any way connected with PT Browser subject to your claims against them directly.

No one at VPapps Inc. is responsible should someone change, edit, modify or remove any information that you may post on the Site or any of its associated content.

Trade marks

Any of the trade marks, service marks, collective marks, design rights or similar rights that are mentioned, used or cited in the content of PT Browser are the property of their respective owners. Unless otherwise stated the Site and VPapps Inc. neither are endorsed nor affiliated with any of the holders of any such rights and as such VPapps Inc. cannot grant any rights to use any otherwise protected materials. Your use of any such or similar incorporeal property is at your own risk.

Grant of rights

You grant VPapps Inc. and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. VPapps Inc. cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received.

Jurisdiction and legality of content

Publication of information found in PT Browser may be in violation of the laws of the country or jurisdiction from where you are viewing this information. Laws in your country or jurisdiction may not protect or allow the same kinds of distribution as others. VPapps Inc. does not encourage the violation of any laws; and cannot be responsible for any violations of such laws, should you link to this domain or use, reproduce, or republish the information contained herein.

MEMBERS CONTRIBUTING TO THE PT BROWSERS SITE

Registration

In order to become a member and contributor to PT Browser you must follow the registration instructions on the Site and create a profile with a unique username and password so that users can identify you.

Your Contributions

You are fully responsible for all activities conducted using your username and password, including your interactions with other Members of PT Browser, whether through the Site or independently, and for any Content you contribute to the Site.

Password security

You are responsible for maintaining the confidentiality of your password and are responsible for any harm resulting from your disclosure, or authorising the disclosure of, your password or from use by any person of your password to gain access to the Site. You are prohibited from disclosing your password to another person, and from using the password or username of another Member of PT Browser at any time. If you know or suspect that anyone other than you knows your password, you must promptly change your password.

VPapps Inc. right to revoke your Membership

VPapps Inc. has the right to disable and revoke anyone’s membership at any time, if in VPapps Inc. reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.

CONTENT YOU CONTRIBUTE TO THE SITE

VPapps Inc. reserves the right to remove any of Content you contribute to the site at any time, without notice and for any reason or no reason, and to terminate any accounts containing or contributing Prohibited Content (as defined below). You understand and agree that VPapps Inc. is under no obligation to display, reproduce, or distribute the Content that you post.

Content Contributions and Submissions to PT Browser

You agree that you will not upload or transmit any communications or content of any type to PT Browser that infringes or violate any rights of any party. By submitting communications or content, and engaging with other members in PT Browser, you agree that such submission is non-confidential for all purposes.

Please Respect the Copyright of Others

You represent and warrant that:

1. Any of the content you post does not violate the privacy rights, publicity rights, Intellectual Property Rights or other rights of any person; and

2. Your Content is not used for the primary purpose of promoting your business.

Linking to other copyright works:

Within your content you may include links to copyright works on other websites, provided that the work is freely available on the third party website.

Communications with Others

As a Member you may post content and communicate with other Members on the Site. You are solely responsible for such communications and content and your use of any communications or content provided by other Members is at your own risk. You agree not to impersonate any other person, or to communicate with others in a manner which may imply that you are anyone other than yourself. If any communication or other content causes you to feel threatened or believe that someone else is in danger, you should contact your local law enforcement agency immediately. VPapps Inc. has no obligation to mediate any disputes between you and any other party, including any parties you communicate with on the Site.

Your License to VPapps Inc

While VPapps Inc. makes no claim of ownership with respect to your content, by providing your content you grant to VPapps Inc. a worldwide, perpetual, royalty free and non- license to use, distribute, reproduce, modify, publicly perform and publicly display your content on the Site.

Member Submissions – personal data, image, video, audio files

You agree to only post or upload media (like photos, videos or audio) that you have taken yourself or that do not violate trademark, copyright, privacy or any other rights of any other person.

To protect your privacy, you may not wish to submit personal information. Uploading personal data, including media like images or video of other people without their permission is strictly prohibited.

By uploading any media on the Site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.

To the extent that you contribute content to PT Browser that is personal data belonging to third parties, you warrant that you have the consent of that third party to submit such data to PT Browsers, and indemnify us in respect of all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by VPapps Inc. arising out of or in connection with breach of this warranty.

It is strictly prohibited to upload media of any kind that contain content of the type or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms of Service and the Privacy Policy.

You agree that you will not upload 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 the Site.

By uploading any media like a photo or video (other than YouTube):

1. you warrant that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorises VPapps Inc. to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and

2. you agree to indemnify VPapps Inc. and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.

VPapps Inc. reserves the right to review all media posted on the site and to remove any media for any reason, at any time, without prior notice, at its sole discretion.

PT BROWSER CONTENT

The content, the Site and any associated software, and all Intellectual Property Rights related thereto, are the exclusive property of VPapps Inc. Except as explicitly provided herein, nothing in these Terms of Service shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any content except as expressly provided herein.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction, relating to the content.

PROHIBITED ACTS

In consideration of being allowed to use the Site you agree that you shall not:

use the Site for any purpose in violation of local, state, national, or international laws;
post material that infringes the Intellectual Property Rights of others or on the privacy or publicity rights of others;
post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by VPapps Inc. at its sole discretion;
post advertisements or solicitations of business;
after receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed
post chain letters or pyramid schemes;
impersonate another person;
distribute viruses or other harmful computer code;
harvest or otherwise collect information about others, including email addresses, without their consent;
allow any other person or entity to use your identification for posting or viewing comments;
post the same note more than once or undertake "spamming"; or
engage in any other conduct that restricts or inhibits any other person from using or enjoying any of the features and functions of the Site, or which, in the judgment of VPapps Inc. exposes VPapps Inc. or any of its members, customers or suppliers to any liability or detriment of any type.
VPapps Inc. reserves the right (but is not obligated) to do any or all of the following:
investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s);
remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Service; and terminate a Member's access to any of the Site upon any breach of these Terms of Service, including the above restrictions.

VPapps Inc. and its host site provider has no liability or responsibility to users of the PT Browsers or any other person or entity for performance or non-performance of the aforementioned activities.

PROHIBITED CONTENT ON THE SITE

Prohibited content includes content that:

is offensive or promotes racism, hatred or physical harm of any kind against any group or individual;
bullies, harasses or advocates stalking, bullying, or harassment of another person;
involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, or “spamming,”
is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
infringes another person's content without a license to do so, whether or not the Intellectual Property Right is registered (or filed for registration) in any country;
promotes, copies, performs or distributes an illegal or unauthorized copy of another person's work, whether it is protected by copyright or trade secret law, or not, such as, without limitation, presenting the work of a third party as your own (plagiarism), providing stolen or illegally obtained content, providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies;
violating someone's privacy, or providing or creating computer viruses and other harmful code;
solicits passwords or personally identifying information for commercial or unlawful purposes from users of the Site;
attempts to impersonate another user or individual, or uses the username of another user or individual;
with the intent to deceive or mislead, submits content to Physio PT Browser that is false, inaccurate or misleading;
except as expressly approved in writing by VPapps Inc., involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes;
contains viruses, Trojan horses, worms, time bombs, corrupted files, or similar software;
engages in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of VPapps Inc., exposes or may expose Members of PT Browsers or suppliers, or any visitors to the Site to any liability or detriment of any type;

GEOGRAPHIC DISCLAIMER

Publication of information found in PT Browser may be in violation of the laws of the country or jurisdiction from where you are viewing this information.

The PT Browser database is stored on a server in Canada or the USA, and is maintained in reference to the protections afforded under the laws of Canada/USA. Laws in your country or jurisdiction may not protect or allow the same kinds of speech or distribution. PT Browser does not encourage the violation of any laws; and cannot be responsible for any violations of such laws, should you link to this domain or use, reproduce, or republish the information contained herein.

Access to the Site and content may not be legal for some persons or in some countries. If you access and use PT Browser and the content from outside of Canada/USA, you do so at your own risk and are solely responsible for obeying the applicable laws and regulations in your location.

THIRD PARTY WEBSITES

Please note that any links to websites that have an Affiliate Program will pay a commission to VPapps if a purchase is made via our site.

Where the Site contains links or other references to third party websites and resources provided by third parties, these links and references are provided for your information only. VPapps Inc. has no control over the content of those websites or resources and assumes no responsibility for the content of such websites and resources or make any representations as to their content or accuracy.

VPapps Inc. does not endorse any product, service, or treatment advertised on the Site and does not endorse the content on any third party websites. VPapps Inc. assumes no responsibility for the content or privacy policies of any such Web sites and does not make any representations regarding their content or accuracy.

Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. By using the Site, you expressly relieve VPapps Inc. from any and all liability arising from your use of any third party website.

VIOLATIONS OF THESE TERMS OF SERVICE

Any use of the Site in violation of these Terms of Service may result in, among other things, termination of your rights to use the Site.

VPapps Inc. has the right (but not the obligation) to review any content and delete or change content that violates this Agreement or which is Prohibited Content, or may otherwise violate the rights, harm, or threaten the safety of any other person, or create liability for VPapps Inc., as determined by VPapps Inc. in its sole discretion.

VPapps Inc. reserves the right (but has no obligation) to investigate and take appropriate action if you violate these Terms of Service, including without limitation removing or modifying content, terminating your membership, reporting you to law enforcement authorities or taking legal action against you.

VPapps Inc. will respond to notices of alleged copyright infringement that comply with applicable law. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated by any PT Browser content and you want VPapps Inc. to remove such content from the Site, you must provide VPapps Inc. with the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
Identification of the copyright work claimed to have been infringed, or, if multiple copyright works are covered by a single notification, a representative list of such works. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
Identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
Information reasonably sufficient to permit VPapps Inc. to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
A statement that you have 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, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

RELEASE; INDEMNIFICATION; DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES AND SOLE REMEDY

Release

As a condition of access to the Site you release VPapps Inc. (and VPapps Inc.’s stockholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensors and distributors) from claims, demands and damages (actual and consequential) of every kind and nature (including but not limited to those arising out of bodily injury or death), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with (i) any communication with any third party on the Site, (ii) your use of any content, including any incorrect, misleading or inaccurate content, or (iii) the conduct of any Member or visitor to the Site.

Indemnification

You agree to indemnify and hold VPapps Inc.and its parent, subsidiaries, affiliates, suppliers, partners and licensors, and their employees, officers, directors and agents harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Site, any content you submit or otherwise make available through the Site, your use or distribution of any PT Browsers content, or your violation of these Terms of Service or of any rights of a third party.

You agree to provide the indemnities as stated in these Terms of Service.

Disclaimer of Warranties

When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of VPapps Inc. and its suppliers. Accordingly, VPapps Inc. assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.

Use of the PT Browser is at your discretion and at your own risk. The Site’s content and other information and software ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, and to the extent permitted by law, without representation or warranties of any kind, whether express, implied or statutory.

To the extent permitted by law, VPapps Inc. does not warrant that PT Browsers will meet your requirements; that the quality of any content will be acceptable; that the results from the use of the Site will be accurate or reliable; or that the Site will be available on a regular ongoing basis. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

VPapps Inc. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, INFORMATION OR ADVICE RECEIVED THROUGH, ADVERTISED OR OFFERED BY ANY PARTY THROUGH THE PT BROWSERS OR ANY LINKS INCLUDED IN THE PT BROWSER SERVICE.

Without limiting the foregoing, VPapps Inc., its licensors, and its suppliers make no representations or warranties about the following: The accuracy, reliability, completeness, currency, or timeliness of the content, software, text, graphics, links, or communications provided on or through the use of the Site.

Limitation of Liability

IN NO EVENT SHALL VPapps Inc., ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM YOUR USE, MISUSE OR RELIANCE UPON ANY PT BROWSERS CONTENT OR DAMAGES RELATED TO OTHER SERVICES, GOODS, INFORMATION OR ADVICE RECEIVED THROUGH PHYSIO PT BROWSER, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF VPapps Inc., ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES/PROVINCES/COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Sole Remedy

IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF USE OF THE SITE OR THE THESE TERMS OF SERVICE, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF SITE.

TERMINATION

You acknowledge and agree that VPapps Inc. may, without notice and for any reason, including but not limited to any violation of these Terms, terminate your Membership, and your access to the Site.

MISCELLANEOUS PROVISIONS

You agree that:

these Terms of Service, the PT Browser Privacy Policy and all matters regarding your access to and use of PT Browser will be governed by and construed in accordance with law, without giving effect to its conflict of laws and provisions;
these Terms of Service constitute the entire agreement between you and VPapps Inc. with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter;
if any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect; and
no waiver of any provision of these Terms of Service shall be deemed a further or continuing waiver of such provision or any other provision, and VPapps Inc’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.