PTLINKED | Legal

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS APPLY TO YOUR USE OF THIS WEBSITE (THE “WEBSITE”).

USING OR ACCESSING THE WEBSITE ESTABLISHES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND YOUR AGREEMENT THAT THESE TERMS AND CONDITIONS ARE THE ENTIRE AGREEMENT BETWEEN YOU AND PTLINKED, LLC ("PTLINKED", "THE COMPANY" OR "COMPANY").

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 WEBSITE 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 or share feature to initiate communication that contains links to the Website and Content, (iii) print copies of Content for their personal use, or (iv) request appointments with physical therapists, occupational therapists, orthopedic surgeons, chiropractors, and other qualified health care or fitness providers. Any user may use the Website (i) for personal use to access and use exercises and exercise programs included on the Website, (ii) to save or store exercises and exercise programs through the storage tools provided, and (iii) to access, use, and save or store digital care plans prescribed to them by qualified health care providers.

2. CONSUMER / PATIENT ACCOUNT HOLDERS.

In addition to permitted uses described in Section 1 above, Consumer / Patient account holders may be required to agree to additional User Terms and Conditions when they first access their account. Consumer / Patient account holders are responsible for maintaining the security of their usernames and passwords, and all use of their accounts. The Company may suspend or terminate any account at any time in their discretion.

3. PROVIDER / PROFESSIONAL ACCOUNT HOLDERS.

In addition to permitted uses described in Section 1 above, Provider / Professional account holders may be required to agree to additional User Terms and Conditions when they first access their account. Provider / Professional account holders are responsible for maintaining the security of their usernames and passwords, and all use of their accounts. Provider / Professional account holders may (i) use exercise prescription and care delivery tools, Telehealth and video conferencing solutions, and other premium features and optional add-ons 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 professional system, or such other means made available.

Subscription Fees or Enterprise License Fees paid by Provider / Professional account holders, or Companies paying for Provider / Professional account holders, are non-refundable. To terminate any Provider / Professional account(s) being paid for, notice must be provided at least thirty (30) days in advance of the next renewal period. The Company may suspend or terminate Provider / Professional user accounts at any time for security reasons, breach of the User Terms and Conditions, or overdue payment.

4. SYSTEM ADMINISTRATOR (ADMIN) ACCOUNT HOLDERS.

In addition to permitted uses described in Section 1 above, Admin account holders may be required to agree to additional User Terms and Conditions when they first access their Admin portal. Admin account holders are responsible for maintaining the security of their usernames and passwords, and all use of their accounts. The Company may suspend or terminate any Admin account at any time in the Company’s discretion.

5. SERVICE RECIPIENTS.

If you receive Content or modified Content through an account established for you by a service provider, your use of the Website, and that Content or modified Content is subject to these Terms and Conditions. The Company 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 (if fees are required).

6. PROHIBITED USE AND CONDUCT.

You may not use the Website 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 or the Content by others, (v) may disrupt, limit or damage the operation of the Website, (vi) creates or disseminates bulk email, SPAM, or (vii) otherwise violates the policies established by the Company 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 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, any Account, or the Content.

7. HEALTH AND SAFETY INFORMATION.

Take proper precautions before beginning any exercise program, including seeing your physician, physical therapist, occupational therapist, chiropractor, or other qualified health care provider. Learn more about the Health and Safety Information in this Website’s legal section.

8. PRIVACY.

PTLINKED, LLC respects your privacy. You will find the privacy policy in this Website’s legal section.

9. USER PROVIDED CONTENT.

In the course of your use of the Website, you might provide or communicate content or information to the Company or to others. One way that happens is when you use the email and sharing features of the Website.

The Company makes and retains copies of that content and information in the course of the operation of the Website. You grant to the Company a license to use, reproduce, display, perform, and distribute such content and information as necessary for the Company to manage and operate the Website for purposes of security, and for the investigation of complaints and possible unlawful activities.

The Company does not monitor all of the content or information posted, transmitted, or communicated by others through the Website. You are responsible for all content and information you post, transmit or communicate.

The Company 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 from disruption or damage, as the Company considers necessary or appropriate in its sole discretion. Action taken by the Company to limit transmission of or access to any communication, information or content is not an assumption by the Company of responsibility for any such communication, information, or content.

10. OWNERSHIP.

The Website and the Content, and all videos, animations, voiceover, music, artwork, graphics, trademarks, logotypes, data, and other material accessible through the Website are the property of the Company or its suppliers. United States and international trademark, copyright and other intellectual property right laws protect the Website and the Content and all such data and other material.

11. LINKS AND REFERENCES.

The Website may contain links to websites operated by others. The Website may also contain references to products and services offered by others. The Company is not responsible for and will not have 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. You grant PTLINKED, LLC 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 AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE.” THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE OR THE CONTENT.

14. LIMITATION OF LIABILITY.

THE COMPANY WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATING TO (A) THE WEBSITE OR THE CONTENT, OR (B) THE USE OF THE WEBSITE OR THE CONTENT. IN NO EVENT WILL THE COMPANY’S LIABILITY OF ANY KIND INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF THE COMPANY SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IN NO EVENT WILL THE COMPANY’S LIABILITY OF ANY KIND EXCEED $100.

15. WAIVER AND INDEMNIFICATION.

You hereby release and discharge the PTLINKED, LLC, and its employees, contractors, officers, directors, and suppliers, from all liability of any kind that arises out of or relates to your use of the Website and the Content.

You will indemnify and hold harmless all PTLINKED, LLC employees, contractors, officers, directors, and suppliers from all cost, liability and expense arising out of your use of the Website and the Content.

16. ENFORCEMENT.

The Company may take any action to enforce these Terms and Conditions, and to respond to complaints or allegations of misconduct as the Company deems necessary or appropriate. You agree to cooperate with the Company 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.

17. CHANGES.

The Company may change the Website and the Content in any way and at any time, in the Company’s sole discretion.

18. COPYRIGHT INFRINGEMENT CLAIMS.

(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 the Company to locate the material.

(iv) Information reasonably sufficient to permit Company 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.

PTLINKED, LLC
ATTENTION: Legal
info@ptlinked.com

19. GENERAL.

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: info@ptlinked.com.

This Privacy Policy discloses the privacy practices of the PTLINKED, LLC.

1. INFORMATION WE COLLECT.

The Company collects a number of different kinds of information about you. Some information is collected through your use of our Website and Content at www.ptlinked.com (the “Site”), and some is collected through offline communications with you.

i. Cookies

A "cookie" is an element of data that a website can send to your browser, which may then be stored on your computer system. It can help provide you with a tailored user experience, to understand your preferences and to personalize the content you see. Some of the Site’s pages may use cookies. We do not require that you accept cookies. You can set your browser to notify you when you receive cookies, and to block them.

ii. Referrers

A "referrer" is the information passed along by a web browser that references the web URL from which you come to the Site. Referrers are automatically collected by web servers. We use them to identify the websites referring traffic to the Site, and to present appropriate content to Site users. We may use referrer information to identify general trends and traffic patterns. For example, we may use referrer information to identify the information on the Site that is viewed by individuals referred by certain other websites.

iii. IP Addresses

IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used to identify your computer so that data (such as the web pages you request) can be sent to you. They are automatically collected by web servers.

iv. System Information

System information we collect might include, among other things, the type of web browser being used. This information is sent automatically by your web browser when you are connected to the Site and we use it only to identify demographic statistics and general trends and traffic patterns.

v. Account Information

When you register to establish an account with the Company you provide certain information. We use that information for the sole purpose of maintaining your account and communicating with you about PTLINKED. If/when you purchase our service(s) you provide credit card and other additional information. We use that information for the sole purpose of facilitating your purchase.

vi. Email Information

The Site contains features that allow you to forward information and personal messages through your email account. When you use that feature you provide your name and email address. We use this information only to assist in the process of delivering your message.

vii. Offline Collection

At times we might also collect information that you provide in ways that are not online, such as by mail or by phone. For example, we might collect telephone numbers or other information needed to communicate with our account holders. We use that information to communicate with you.

viii. Future Technologies and Methods

As technologies change, we might collect information in new ways. We will update our privacy policy to describe any new ways in which we collect information.

2. INFORMATION WE SHARE.

At times, we must disclose information to our business partners. For example, we might need to disclose certain information to our contractors, so that they may perform services for us. We may disclose personal information to such contractors and business partners without additional notice. We require such contractors and business partners to keep your information confidential.

We may also disclose the information we collect to other parties for other purposes, provided that it is de-identified. We may also be required to disclose certain information in order to comply with applicable law.

Your information may be transferred to another party that succeeds to all or part of our business. For example, if we acquire a new business, we might share your information with that business. A successor to the ownership of all or any part of our business may also access or acquire your information.

3. UPDATING AND CORRECTING YOUR INFORMATION.

If you wish to access, update or correct the information we collect from you, please contact us at info@ptlinked.com.

4. OPTING OUT.

We provide mechanisms to opt out of receiving certain communications from us. We describe those mechanisms in our communications as required by applicable law.

5. DO NOT TRACK.

At this time, we do not respond to Do Not Track signals.

6. CONTACT US.

Please contact us directly at info@ptlinked.com with any Privacy Policy questions or comments you may have.

7. CHANGES TO THIS PRIVACY POLICY.

Our use and sharing of the information we collect is subject to the Privacy Policy in effect at the time the information is collected. However, the Company may change this Privacy Policy. You should check the Site for changes to the Privacy Policy.

8. GOVERNING LAW.

This Privacy Policy will be governed by and construed in accordance with the laws of the State of Minnesota, United States of America. All controversies and claims arising out of or relating to this Privacy Policy will be settled by arbitration in Minneapolis, Minnesota administered by the American Arbitration Association under your 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.

HEALTH & SAFETY

1. IMPORTANT HEALTH AND SAFETY INFORMATION.

SEE YOUR PHYSICIAN, PHYSICAL THERAPIST, CHIROPRACTOR OR ANOTHER QUALIFIED HEALTH CARE PROVIDER BEFORE STARTING ANY EXERCISE PROGRAM OR CARE PLAN. ONLY A PHYSICIAN, PHYSICAL THERAPIST, CHIROPRACTOR OR ANOTHER QUALIFIED HEALTH CARE PROVIDER CAN DETERMINE IF AN EXERCISE PROGRAM OR CARE PLAN IS SAFE AND APPROPRIATE FOR YOU.

PTLINKED, LLC DOES NOT PROVIDE ANY DIAGNOSTIC, TREATMENT OR OTHER MEDICAL ADVICE. THE EXERCISES AND OTHER INFORMATION PROVIDED ON PTLINKED’S WEBSITE ARE PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND ARE NOT A SUBSTITUTE FOR DIAGNOSTIC, TREATMENT OR OTHER MEDICAL ADVICE. YOU ARE RESPONSIBLE FOR SEEKING APPROPRIATE MEDICAL ADVICE AND EXERCISING AS DIRECTED BY YOUR QUALIFIED HEALTH CARE PROVIDER.

2. EXERCISING.

Follow your health care provider’s advice when exercising (or following any injury rehabilitation program or plan of care). Exercise in a well-lit environment that is free from obstacles and that gives you enough space to move freely. Wear appropriate footwear and clothing as your health care provider advises. Drink fluids as your health care provider advises. Stop exercising immediately and consult with your health care provider if you have any questions or concerns about exercising. STOP EXERCISING IMMEDIATELY IF YOU BECOME NAUSEATED, DIZZY, FAINT, OR LIGHTHEADED, AND/OR IF YOU EXPERIENCE ANY UNUSUAL DISCOMFORT INCLUDING SEVERE PAIN, NUMBNESS, TINGLING, LOSS OF STRENGTH, OR SHORTNESS OF BREATH.

3. ABOUT PHOTOSENSITIVE SEIZURES.

A very small percentage of people may be susceptible to experiencing seizures when they are exposed to certain visual images, including flashing lights and/or patterns on a computer screen, television, mobile device, or other display. Even people with no history of seizures or epilepsy may have a condition that can cause photosensitive epileptic seizures to occur. A variety of symptoms, including lightheadedness, altered vision, eye or face twitching, jerking, or shaking of arms or legs, disorientation, confusion, or momentary loss of awareness can result. Seizures can also result in loss of consciousness, or convulsions that can lead to additional injury as a result of falling down or striking nearby objects.

STOP EXERCISING IMMEDIATELY IF YOU EXPERIENCE ANY OF THESE SYMPTOMS.