Terms
TERMS OF USE
1. The Terms
1.1 Acceptance of Terms
“Wells Physical Therapy Dba Nutritional Physical Therapy” is the owner and operator of the Nutritional Physical Therapy Website located at www.
Please read the following, carefully bearing in mind that this Agreement must be read in conjunction with Nutritional Physical Therapy’s Privacy Policy.
1.2 Right to Modify Terms
Nutritional Physical Therapy reserves the right to modify the terms of this Agreement at any time at its sole discretion, and may post a notice of such changes. If and when the Agreement is modified, You will be subject to the terms of the modified Agreement, and by accessing the Nutritional Physical Therapy Website, You agree to the terms of modified Agreement, without further notice.
1.3 Term Definitions
1.“Nutritional Physical Therapy Website” means the Nutritional Physical Therapy Website accessible through the URL www.
2. “Nutritional Physical Therapy” means Wells Physical Therapy Dba Nutritional Physical Therapy in the State of Florida, United States of America.
3. “Parties” means Nutritional Physical Therapy and You, collectively.
4. “Party” means either Nutritional Physical Therapy or You.
5. “User Profile” means a profile posted by You on the Nutritional Physical Therapy Website.
6. “You,” “Your,” and/or “User” means any individuals and/or entities visiting and/or otherwise accessing the Nutritional Physical Therapy Website for any reason; said terms may be used interchangeably.
7. “Content” means all information, data, text, software, music, sound, photographs, graphics, videos, messages, tags, or other materials posted and/or otherwise displayed on, to, or at the Nutritional Physical Therapy Website.
8. “Personal Information” means, without limitation, any information that identifies or describes an individual, including his or her name, professional licensing information, physical description, age, gender, home address, home telephone number, or education. Personal Information also includes statements made by, or attributed to, a User.
9. “Licensor” or “Licensors” means the individuals who have licensed their online lecture content exclusively to Nutritional Physical Therapy.
2. Website
2.1 Content Ownership
Nutritional Physical Therapy is the owner of all Nutritional Physical Therapy Content posted on or otherwise accessible at or via the Nutritional Physical Therapy Website including logos, all designs, text, graphics, pictures, and information. Unless otherwise agreed in writing, You will have a limited license (without the right to sublicense) to view the Content for Your educational, non-commercial use only. Any copying, reproduction, retransmission, or republication of all, or part, of any Content found on the Nutritional Physical Therapy Website is expressly prohibited, unless Nutritional Physical Therapy has expressly granted its prior written consent to so reproduce, retransmit, or republish the Content. Nutritional Physical Therapy reserves all applicable rights in regard to the Content.
Nutritional Physical Therapy may publish or transmit via the Nutritional Physical Therapy Website any Content that is owned by third parties. Nutritional Physical Therapy’s Licensors are the owners of their respective Intellectual Property found on the Nutritional Physical Therapy Website. Any reproduction, retransmission, or republication of all or part of any Content found on the Nutritional Physical Therapy Website is expressly prohibited, unless the owner of the Content has expressly granted its prior written consent to reproduce, retransmit, or republish the material.
2.2 Trademarks
Portions of the Nutritional Physical Therapy Website may be customized by enterprise customers to include use of Your logo and other trademarks for custom branding. If You choose to use such customization, You agree to grant to Nutritional Physical Therapy a nonexclusive, nontransferable, revocable right to use and distribute Your logos and such additional or replacement buttons, logos, characters, or designs (the “Trademarks”) as Nutritional Physical Therapy may request. You further agree to provide the Trademarks in a format required by Nutritional Physical Therapy for any online or print promotions. Nutritional Physical Therapy agrees to use the Trademarks solely in conjunction with the permitted forms of use under this Agreement. Use of the Trademarks does not give Nutritional Physical Therapy any right, title, or interest in the Trademarks, other than the license rights granted herein. Nutritional Physical Therapy may not assign, transfer, or sublicense any Trademark right granted herein without Your prior written consent.
2.3 Copyright Complaints
If You believe that any Content on the Nutritional Physical Therapy Website infringes upon any copyright which You own or control, You or Your designee, acting as a “Complaining Party,” may send a notification of such claimed infringement to Nutritional Physical Therapy to legal@
2.4 Content Availability
2.4.1 Individual Course After purchasing a Course, You will have access to the Course for one (1) year. After one (1) year, Your access to the Course will end. To regain access to the Course, You will have to repurchase the Course.
2.5 Termination
Nutritional Physical Therapy reserves the right to terminate, block, or restrict Your access to or use of the Nutritional Physical Therapy Website for any breach or violation of any term(s) of this Agreement, solely at the discretion of Nutritional Physical Therapy.
2.6 Equipment
You are responsible for obtaining and maintaining all computer hardware and software needed to access and use the Nutritional Physical Therapy Website.
2.7 Internet Speed
We recommend Cable, Broadband Internet, or a company LAN on a T1 or higher to take full advantage of the high-quality video and multimedia that the Nutritional Physical Therapy Courses offer.
2.8 Software Requirements
In order to provide an engaging and interactive experience, our Courses use Flash technology. To watch our Courses, we require our Users to have Flash. Please visit www.adobe.com/products/
3. User Accounts
3.1 User Responsibility
The Nutritional Physical Therapy Website includes the option of allowing a User to create a “User Profile.” Users are wholly responsible for User Content posted, displayed, transmitted, or otherwise made available on or via User Profiles. You are also wholly responsible for ensuring that Your use of the Nutritional Physical Therapy Website is compliant with the laws and regulations of any applicable jurisdiction.
3.2 Accounts and Passwords
In consideration of Your use of the Nutritional Physical Therapy Website, You acknowledge that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You agree to provide accurate, current, and complete information concerning You when providing information to, signing up with, registering for use of, or otherwise providing information to the Nutritional Physical Therapy Website and maintain and promptly update the Registration Data to keep it true, current, and complete. If You provide any information that is untrue, inaccurate, not current, or incomplete, or if Nutritional Physical Therapy has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Nutritional Physical Therapy has the right to suspend or terminate Your access to the Nutritional Physical Therapy Website and to refuse any and all current or future use of the Nutritional Physical Therapy Website, or any portion thereof.
You must have Your own password to access the Nutritional Physical Therapy Website. You are not permitted to provide others access to Nutritional Physical Therapy Courses using Your User Name and Password or another authorized User Name and Password. In the event that Nutritional Physical Therapy discovers Password sharing, we reserve the right to terminate or block Your access to the Nutritional Physical Therapy Website. You are responsible for all use of Your password(s).
3.3 Linking to Nutritional Physical Therapy
1. Nutritional Physical Therapy invites Users to link to our site. Linking to Nutritional Physical Therapy must not improperly connote an affiliation with or an endorsement by Nutritional Physical Therapy, or otherwise interfere with the operation of the Nutritional Physical Therapy Website. Any links should open in a new browser window.
2. You must not place Nutritional Physical Therapy Website pages in a “frame” within Your own website without explicit prior written permission from Nutritional Physical Therapy.
3. Although the Nutritional Physical Therapy Website may include links providing direct access to other Internet sites, Nutritional Physical Therapy assumes no responsibility for the Content or information contained on such other sites, and does not exert any editorial or other control over those other sites. Nutritional Physical Therapy provides no warranties and explicitly disclaims any liability for any Content or other information provided on other sites.
4. Disclaimers
4.1 Generally
Except as expressly set forth herein, the content of the Nutritional Physical Therapy Website (including all Nutritional Physical Therapy intellectual property, text, materials, software, functions, services, and information made available herein or accessed by means hereof) are provided as is, without warranties of any kind, either express or implied, including without limitation warranties of suitability for a particular purpose. Nutritional Physical Therapy does not warrant or guarantee uninterrupted access to the Nutritional Physical Therapy Website, or any site linked to the Nutritional Physical Therapy Website, and reserves the right to discontinue courses or to change the expiration date at any time.
Under no circumstances will Nutritional Physical Therapy be liable in any way for any content, including without limitation any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Nutritional Physical Therapy Website, and Nutritional Physical Therapy makes no guarantees that the content will be accurate, current, or error-free.
You assume full responsibility and risk of loss resulting from use of the Nutritional Physical Therapy Website and any information on the Nutritional Physical Therapy Website. Nutritional Physical Therapy makes no guarantees about the suitability of any information and its services for any purpose whatsoever. Nutritional Physical Therapy may provide programs with exercises related to Your condition that You can perform at home. As there is a risk of injury with any activity, use caution when performing such exercises. IF YOU EXPERIENCE PAIN OR DISCOMFORT, IMMEDIATELY CONTACT YOUR CLINICIAN OR PHYSICIAN. BY VOLUNTARILY UNDERTAKING ANY ADVICE IN A PROGRAM PROVIDED BY Nutritional Physical Therapy, YOU AGREE THAT YOU ASSUME THE RISK OF ANY RESULTING INJURY. Nutritional Physical Therapy will not be liable for any direct, indirect, consequential, special, exemplary, or other damages or losses that may result.
4.2 Continuing Education Courses
The information and content provided in the courses are for informational purposes only. Nutritional Physical Therapy makes no warranties regarding, and bears no liability for, Your use of the information and content. Neither Nutritional Physical Therapy nor the instructor assumes any responsibility for any loss or injury and/or damage to persons or property arising out of the use of the material contained in or related to the online courses. IT IS THE RESPONSIBILITY OF THE TREATING PRACTITIONER, RELYING ON INDEPENDENT EXPERTISE AND KNOWLEDGE OF THE PATIENT, TO DETERMINE THE BEST TREATMENT AND METHOD OF APPLICATION FOR THE PATIENT.
4.3 Compliance Courses
The information and content provided in the compliance courses are for informational purposes only and are not intended to convey or constitute legal advice and should not be relied upon as such. A Nutritional Physical Therapy compliance course is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on Your specific matter. Nutritional Physical Therapy makes no warranties regarding, and bears no liability for, Your use of the information and content. Neither Nutritional Physical Therapy nor the instructor assumes any responsibility for any loss or injury and/or damage to persons or property arising out of the use of the material contained in or related to the online compliance courses. Please see the detailed nutritional legal sections on each course header and in the intro course.
4.4 Accreditation
Nutritional Physical Therapy provides state-approval information regarding its courses on a state-by-state basis. These requirements change regularly, and as such, Nutritional Physical Therapy shall not be held liable for any damages arising, directly or indirectly, from the use of such information, including damages arising from inaccuracies, omissions, or errors. No warranty shall exist on the validity of the course certificates provided to users upon completion of a course. Nutritional Physical Therapy disclaims all liability resulting from a state’s denial of a course’s accreditation.
4.5 Home Exercise Program
YOU AGREE THAT YOU WILL NOT INCLUDE ANY PROTECTED HEALTH INFORMATION IN THE CREATION OF ANY HOME EXERCISE PROGRAM.
5. Limitation of Liability
In no event shall Nutritional Physical Therapy, its members, officers, affiliates, agents, licensors, employees, or internet service provider(s) (collectively, “representatives”) be liable to You or to any third party for any direct, indirect, incidental, special, or consequential damages whatsoever, including without limitation lost revenue, lost or damaged data, or other commercial or economic loss, whether based in contract, tort (including negligence), or any other theory of liability. The foregoing limitation shall apply even if Nutritional Physical Therapy or its representatives have been advised or should have known of the possibility of such damage. Nutritional Physical Therapy’s total liability in any event is limited to the amount, if any, actually paid for use of the Nutritional Physical Therapy Website, and You hereby release Nutritional Physical Therapy and its representatives from any and all obligations, liabilities, and claims in excess of this limitation.
6. Billing
6.1 Payment Method
You may purchase individual Courses. Should You choose to buy an individual Course, You expressly agree that Nutritional Physical Therapy is authorized to charge You for each specific Course You purchase. You are not required to pay a membership fee to purchase an individual Course. A valid credit card is required to subscribe to the Service or to purchase an individual Course. Nutritional Physical Therapy bills You through a secure online account for use of the Service. Your complete billing information is not stored on Nutritional Physical Therapy’s servers. For Your protection, our secure payment gateway partner stores Your billing information.
6.2 Payment Amounts
6.2.1 Individual Course Fees Each Course is priced individually. Please refer to Course descriptions for Course fees.
6.3 Fee Changes
Nutritional Physical Therapy may change the fees and charges in effect, or add new fees and charges from time to time.
7. Course Credit Policy
7.1 Individual Course Sales
Nutritional Physical Therapy is committed to providing the highest quality online education for our Users. In the event that Nutritional Physical Therapy experiences circumstances which render the coursework or learning assessments unavailable to You for a significant period of time, You may choose one (1) of the following:
1. Extending the amount of time the Course is available to You for the amount of time the Course was unavailable.
2. Receiving a replacement Course of equal value to the unavailable Course at no extra cost to You.
8. Indemnification
You agree to indemnify and hold Nutritional Physical Therapy and its Representatives harmless from any and all losses (including without limitation attorneys’ fees) resulting from any claims based on or relating to Your use, or the use of any individual using Your password, of the Nutritional Physical Therapy Website. You further agree to indemnify and hold Nutritional Physical Therapy and its Representatives harmless from any and all losses resulting from claims of third parties, including without limitation attorneys’ fees, that result in whole or in part from violations by You, or any individual using Your password, of any of the terms of this Agreement.
9. Disputes
This Agreement shall be governed by the laws of the State of Florida. In the event that litigation results from or arises out of this Agreement or the performance thereof, both Parties agree to Arbitration with a single arbitrator qualified by the American Arbitration Association. The Parties agree to reimburse the prevailing Party’s reasonable attorneys’ fees, arbitration costs, and all other expenses, whether or not taxable by the arbitrator as costs, in addition to any other relief to which the prevailing Party may be entitled.
10. Miscellaneous
10.1 Assignability This agreement is personal to You, and You may not assign this Agreement or the rights and obligations thereunder to any third party or person.
10.2 Agreement Binding on Successors The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their permitted heirs, administrators, successors, and assigns.
10.3 Waiver No waiver by either Party of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement.
10.4 Severability If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision, and such invalid term, clause, or provision shall be deemed to be severed from the Agreement.
10.5 Survivability The ownership and intellectual property rights and license provisions set forth in this Agreement, and any other provisions that by their sense and context the Parties intend to have survive, shall survive the termination of this Agreement and any obligations hereunder for any reason.
Last Updated August 2018
