Terms of Use Agreement
		This WebExercises®, Inc. Terms of Use Agreement provides important information about your WebExercises.com account, so you should take the time to read and understand it. You may review, save or print any part of this Agreement. We encourage you to print out a copy of this entire document and refer to it as you use WebExercises®. As used herein, “WebExercises” shall mean and include WebExercises®, WebExercises®, Inc., WebExercises.com and, where applicable, WebExercises® Rehabilitation System. WebExercises®, Inc. reserves the right to modify, change, add or remove any part of this Agreement, or any part of the WebExecises.com services and features, including price, at any time. If it does so, WebExercises®, Inc. will post such changes on the WebExercise.com site. Please review the Terms of Use Agreement from time to time so you will be apprised of any changes. IMPORTANT: If you choose to accept this Agreement, you must do so as it is presented to you – no changes (additions or deletions) will be accepted by WebExercises®, Inc. If any future changes are unacceptable to you, you should discontinue using WebExercises.com. Your continued use of WebExercises.com now, or following the posting of any such changes, will indicate your acceptance of this Agreement, and of any such changes. TERMS OF USE DEFINED TERMS The following are defined terms as used herein: 1. “Services” include access to WebExercises Content for the purpose of guidance and clarification for rehabilitative prescriptions. 2. “Fee Based Service” refers to fees paid by healthcare providers of subscribing organizations in order to access WebExercises Content. 3. “Printed Materials” includes and is not limited to subscribing organization exercise prescription handouts and copies of exercise lists provided to subscribing organizations. 4. “Content” includes and is not limited to information, programming code, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials. ACCESS In order to use the Services, users must have access to the World Wide Web and must navigate the Internet to http://www.webexercises.com or any other URLs associated with WebExercises. ACCOUNT USER AND PASSWORD If you are a registered user or subscriber of this Website, you are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password. You are entirely responsible for any and all activities that occur under your user account. You agree to be financially responsible for all usage or activity of Fee-Based Services subscribed to by you. You also agree to immediately notify us of any other unauthorized use of your user account or any other breach of security known to you. You agree not to assign, transfer or sublicense your rights as a registered user of, or subscriber to, the Fee-Based Services of this Website. USE OF AND/OR ACCESS TO OUR FEE-BASED SERVICES OF THIS SITE By using or accessing the Fee-Based Services of this Website, you agree to be legally bound and to abide by this Agreement, just as if you had signed this Agreement. If you do not comply with this Agreement at any time, WebExercises reserves the right to cancel or terminate your password, user account, and/or access to the Fee-Based Services of this Website (or any part thereof). In its sole discretion and without prior notice or liability, WebExercises may discontinue, modify or alter any aspect of the Fee-Based Services or the Website, including, but not limited to, (a) restricting the time a Fee-Based Service of the Website is available, (b) restricting the amount of use and/or access permitted, and (c) restricting or terminating any user's right to use and/or access any of the Fee-Based Services of the Website. You agree that any termination or cancellation of your access to or use of, the Fee-Based Services of the Website may be effected without prior notice. If you do not abide by the terms of this Agreement, except as WebExercises may otherwise provide from time to time, you agree that WebExercises may immediately deactivate your user account and bar any further access to such information and/or files, the Fee-Based Services of the Website (or part thereof). RESTRICTIONS ON USE OF MATERIALS You acknowledge that the Printed Materials and this Website may contain information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials (collectively, "Content") that are protected by © copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and WebExercises®, Inc. owns a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing in the Printed Materials and on this Website are trademarks of their respective owners. WebExercises® is the tradename and the registered trademark and servicemark of WebExercises®, Inc. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is received by you in printed form or downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive WebExercises prior written consent. Failure to abide by these terms is a breach of copyright and legal remedy may be sought under copyright, trademark, patent and intellectual property law. AGREEMENT EFFECTIVE DATE The effective date of this Agreement shall be the date of acceptance by you of this Agreement as evidence by you clicking the "Agree" button herein, or the date you actually use the Services, whichever occurs first. TERMINATION You acknowledge and agree that WebExercises may terminate your access to WebExercises.com or to any Services should you fail to comply with the Terms of Use or any other guidelines and rules published by WebExercises. Any such termination shall be in WebExercises sole discretion and may occur without prior notice, or any notice. DISCLAIMER WebExercises makes no warranties or guarantees that the information contained herein is accurate or complete, and is not responsible for any errors or omissions therein, or for the results obtained from the use of such information. The information contained herein is not intended in any way to be used as medical advice or to replace medical advice offered by physicians or other health care professionals familiar with user’s condition. Use of this information is to be used solely in conjunction with your physician, chiropractor or physical therapist’s physical rehabilitation prescription. Any use of this information without the express authorization of your physician, chiropractor or physical therapist is prohibited. WebExercises will not be liable for any direct, indirect, consequential, special, exemplary, or other damages arising therefrom. The methods of treatment may change as new information is available, and the information in this Website does not necessarily represent the most current practices or methods in physical rehabilitation. HEALTH DISCLAIMER This Website and our Services provide guidance and clarification for rehabilitation prescriptions over the Internet and are intended only to assist users in their physical rehabilitation efforts. WebExercises.com is not a medical organization and cannot give you medical advice or diagnosis your condition. The information and reports generated by us are generated and provided to you on behalf of your personal physician or healthcare provider. If you experience any pain or exacerbation or have a change in medical condition, you should immediately seek appropriate medical attention. LIMITATION OF LIABILITY You expressly understand and agree that WebExercises, Inc. shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from, (a) the use or the inability to use this website (including, without limitation, the fee-based products); (b) the use of any content or other material (including, without limitation, the fee-based products) on this website or any website or websites linked to this website, (c) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this website (including, without limitation, the fee-based products); (d) unauthorized access to or alteration of your transmissions or data; (e) statements or conduct of any third party on our website (including, without limitation, the fee-based products); or (f) any other matter relating to this website. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this website. If you are dissatisfied with any portion of our website, or with any provision of this agreement, your sole and exclusive remedy is the discontinuation of your use of this website. PRIVACY Your privacy is important to us. All personal information that we have about you (including email addresses and credit card details) is kept on a secure database that is not accessible directly from the Internet. Your personal details will NEVER be supplied to any third party, unless required by law, without your prior, written consent. INDEMNIFICATION You agree to indemnify, hold harmless and, at our option, defend us and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this Website or our products or offerings (including, without limitation, the Fee-Based Products), your violation of this Agreement, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity. FORCE MAJEURE WebExercises shall not be liable for delay or failure in performance of any of the acts required by this Agreement when such delay or failure arises from circumstances beyond the reasonable control and without the gross negligence or willful misconduct of you or WebExercises, respectively. Such causes may include, without limitation, acts of God, acts of government in its sovereign or contractual capacity, acts of public enemy, acts of civil or military authority, war, riots, civil strife, terrorism, blockades, sabotage, rationing, embargoes, epidemics, earthquakes, fire, flood, quarantine restrictions, power shortages or failures, utility or communication failure or delays, labor disputes, strikes, or shortages, supply shortages, equipment failures, or software malfunctions. The time for performance of any act delayed by such events may be postponed for a period equal to the period of the delay. COPYRIGHT COMPLAINTS We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our sole discretion, terminate the rights of any user to use our Website (or any part thereof) who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact us for notice of claims of copyright infringement: WebExercises®, Inc., 336 Bon Air Center, Box 464, Greenbrae, CA 94904. LICENSURE Access to WebExercises is provided to you under non-exclusive license. Your use of WebExercises Content, database or other information or data downloaded in connection here with WebExercises is subject to and limited by the license terms set forth herein. You may not use, or permit others to use, the WebExercises Content except under the terms expressly listed above. Without limiting the previous sentence, you shall not, and shall not permit anyone else to: (a) use the WebExercises Content for service bureau, time-sharing or other similar purposes; (b) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the WebExercises Content; (c) copy the WebExercises Content (except as permitted above); (d) rent, lease, sell, offer to sell, distribute, or otherwise transfer rights to the WebExercises Content; (e) develop, sell or distribute applications that integrate with the WebExercises Content or otherwise make use of the data; or (f) remove any proprietary notices or labels on or relating to the WebExercises Content. In addition, you must satisfy such computer and device requirements as we may specify to operate the database. We reserve the right to change those requirements, and the method by which you may obtain the WebExercises Content, from time to time. All right, title and interest in and to the WebExercises Content (including without limitation all intellectual property rights) shall remain in us and/or our licensors. Without limiting the foregoing, the WebExercises Content is protected by the copyright law of the United States and international copyright treaties, as well as other proprietary rights.