TERMS OF USE
Fresh Tracks Pediatric Physical Therapy LLC Website Customer Service Terms of Use
Welcome to the Fresh Tracks Pediatric Physical Therapy, LLC (“Fresh Tracks PT”, “we”, “us”, and “our”) Website (the “Site”). (Note: “Site” as used herein shall include www.freshtrackspt.com and all associated pages contained thereon.) Please review the following basic terms that govern your use of this Site (this “Agreement” or “Terms of Use”). This Site is operated and controlled by Fresh Tracks Pediatric Physical Therapy, LLC. All uses of the Fresh Tracks PT’s Website are subject to the following terms and conditions. Fresh Tracks PT grants you permission to view this Site and to download and print individual pages from this Site and, if applicable, schedule appointments, communicate with Fresh Tracks PT, or order products and/or services from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this Agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site. No right title or interest in any downloaded materials is transferred to you as a result of any such downloading, copying or printing.
Your access or other use of this Site shall constitute your agreement and acceptance without modification of the notices, terms and conditions set forth herein (“Terms & Conditions”). Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site. In addition, as a condition of your use of this Site, you represent and warrant to Fresh Tracks PT that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept (or cannot comply) without modification to the notices, terms and conditions set forth herein, do not use this Site. If at any time you cease to agree with these terms and conditions, you must immediately cease using the Site. Certain areas within this Site may be governed by additional terms and conditions (“Additional Terms”) with such Additional Terms identified herein or on the Site. Other than this Agreement, including any Additional Terms, Fresh Tracks PT will not enter into any agreement with you or have any obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.
Use of this Site
By accepting these Terms of Use through your use of the Site, you certify that you are eighteen (18) years of age or older. If you are under eighteen (18), you may use the Site only with involvement of a parent or guardian. Fresh Tracks PT reserves the right to refuse service, remove or edit content in their sole discretion.
All content or materials on this Site, including, but not limited to, images, text, illustrations, designs, icons, photographs, graphics, logos, programs, downloads, video clips, audio clips, data, software, and all other materials that are part of this Site (collectively, the “Contents”) is owned, licensed, or used with permission by Fresh Tracks PT. Fresh Tracks PT grants to you a limited license to access and make use of the Site and its Contents. You may download, order, or copy the Contents and other downloadable materials displayed on the Site for your personal, noncommercial use only and only in any manner permitted in the normal use and operation of the Site. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading, ordering or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Fresh Tracks PT or its suppliers and protected by U.S. and international copyright laws.
Unlawful or Prohibited Uses of Site
Your use of this Site must comply with any and all applicable laws and shall not be for any unlawful purpose. You agree that your use or access of this Site shall be in accordance with the limited license granted to you in these Terms & Conditions. You warrant to Fresh Tracks PT that you shall not use this Site for any purpose that is unlawful or prohibited by these Terms & Conditions. You hereby agree to indemnify Fresh Tracks PT for any liability which may ensue as a consequence of your unlawful or prohibited use of this Site. The following are examples of prohibited or unlawful use of the Site or its contents: use or attempted commercial use of the Site or any content on the Site; conducting fraudulent activities on the Site; use of the Site to send any unauthorized communications to any third-party; attempting to access the Site and obtain personal information from any other users of the Site; attempts to restrict use or limit access to the Site; downloading or use of any content on the Site for any commercial nonpersonal purpose; use or attempt to use any software, engine, tool, data, agent, or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Fresh Tracks PT or generally publicly available browsers; any duplication of the Site or its contents for any commercial use; any data mining or extraction; any download or storage of Site content, except pursuant to the limited license granted by these Terms & Conditions; use of any meta tags or hidden text using any of Fresh Tracks PT’s intellectual property; any attempts to tamper with the Site’s use or functionality; any attempts to place any unauthorized advertisement on the Site; any attempt to alter, modify, reverse engineer, disassemble, or otherwise change any portion of the Site; use of the Site to harass, threaten, abuse, defame, stalk or otherwise infringe upon the legal rights of other; any breach or attempted breach of the privacy rights of others; and, the tampering or attempted tampering of these Terms & Conditions or the removal of any copyright, trademark, servicemark, or other proprietary rights notice from the Site.
Intellectual Property
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, “Content”) are owned by Fresh Tracks PT, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
All trademarks, service marks and logos or copyrights displayed and used on these Sites are the property of their respective owners. Nothing on the Sites should be construed as granting any right or license to use any trademark without the written permission of its owner. Any other use of the materials is strictly prohibited without the prior written permission of Fresh Tracks PT and the permission of the applicable rights holder(s). The content and design of the Site is protected by U.S. and international copyright laws. You may not copy, reproduce, republish, upload, post, display, transmit or frame any of these materials without prior written consent from the copyright owners, except that you may view, download, display and print a single copy of these materials on a single computer for personal, noncommercial use only, so long as: you do not alter or modify the materials in any way; you include all applicable notices and disclaimers (including copyright notices); and you do not use the materials in a way that suggests an association with Fresh Tracks PT.
User Reviews, Feedback, Submissions
For all reviews, comments, feedback, postcards, suggestions, ideas, forum posts, and other submissions disclosed, submitted or offered to Fresh Tracks PT on or through this Site, by e-mail, social media, telephone, or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) you grant Fresh Tracks PT a royalty-free, irrevocable, transferable right and license to use the Comments however Fresh Tracks PT desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world.
Fresh Tracks PT will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Fresh Tracks PT is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate the terms in this Agreement or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
Fresh Tracks PT does not regularly review posted Comments but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Fresh Tracks PT the right to use the name that you submit in connection with any Comments. You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make, and you agree to indemnify Fresh Tracks PT and its affiliates for all claims resulting from any Comments you submit. Fresh Tracks PT and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.