If you visit or shop at the Physeo.com. domain, or any related sub-domains (collectively the “Site”), or otherwise use services offered by Physeo™ on the Site, which includes, without limitation, both printed content, audio content and audio/video content (collectively, “Digital Content”), and access to all Site pages, code and elements, whether through a paid subscription or free account (collectively, the “Service” or “Services”), you accept this TOU. Please read them carefully. This TOU will also apply to all visitors, users, and others who access the Site and use the Services (collectively referred to as “Users”), whether they order any products, Services or other materials from Physeo™ or its authorized distributors or not.
Access to and use of this Web site are subject to the following conditions. Please do not use this Web site unless you agree with these conditions.
INTERNET TECHNOLOGY AND APPLICABLE LAWS, RULES AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, PHYSEO RESERVES THE RIGHT TO MAKE CHANGES TO THIS TOU AT ANY TIME. YOUR CONTINUED USE OF THE SITE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THIS TOU THAT MAY BE POSTED ON THE SITE. WE WILL POST THE AMENDED TOU ON THIS PAGE AND INDICATE AT THE TOP OF THE PAGE THE DATE THE AGREEMENT WAS LAST REVISED. NEXT TIME YOU VISIT THIS SITE, PLEASE VIEW THE TOU AGAIN AND NOTE ANY CHANGES OR AMENDMENTS THAT MAY HAVE BEEN MADE.
GENERAL RIGHTS AND RESTRICTIONS
Health Information. The Site and Services provides information about the general principles of physiology and its associated disciplines and is not intended as a working guide to patient care, drug administration or treatment. Medicine is a constantly evolving field and changes in practice regularly occur.
You understand and agree that this information is not meant to be a substitute for the advice of a physician or other licensed and qualified medical professional. You should not use any information on the Site and Services to diagnose health problems or to administer treatment, and should always consult a physician prior to taking any action based upon the medical or health-related information found on this Site. Information on the Site and Services may refer to drugs, devices or techniques which are subject to government regulation, and it is the responsibility of the treating practitioner to comply with all applicable laws.
Although care has been taken to ensure the accuracy of information present on the Site and Services, Physeo™ makes no representations or warranties whatsoever, express or implied, with respect to the completeness, accuracy or currency of the information presented.
Physeo™ does not assume any liability for any injury and/or damage to persons or property arising from or related to the material contained on the Site and Services.
Educational Use Only. All Printed and/or Digital Content is for educational and/or learning use only. Physeo™ is not responsible for the use of any knowledge, information or facts gained from the Printed and/or Digital Content in the practice of medicine, medical research or any and all related medical or science applications.
In addition, while materials available on the Site may be useful for medical coursework examinations and qualifying examinations such as the COMLEX™ and USMLE™, you understand that Physeo™ is not affiliated with COMLEX™ and USMLE™, and does not (directly or by implication) make any guarantees that the materials provided by Physeo™ will be tested on these examinations, and does guarantee any results of students who take such examinations.
You must be an adult or have an adult’s permission. The Services and the Site may only be used by individuals who are at least 18 year of age or older. You must be an adult, or have the express permission of an adult, to use the Site. Your use of the Services, access to the Site, making purchases, access or streaming of Digital Content or contacting Physeo™ will be deemed to be a representation that you are 18 years of age or older or otherwise are an entity that can form legally binding contracts under applicable law. Under no circumstances may you use the Services, access the Site or provide any personal information about yourself to us if you are under the age of 13 years old without your parent’s or legal guardian’s supervision and consent. If we learn that we have collected personal information from a child under age 13, we will delete that information.
You must follow all laws. You must comply with all of the terms and conditions of this TOU, any policies referred to below or on the Site, and all applicable laws, regulations and rules when you use the Site.
Right to use the Site. Subject to the terms and conditions of this TOU, you are hereby granted a limited, revocable, non-exclusive right to use the Services and materials on the Site as required in the normal course of your personal use of the Site.
- Particular Restrictions. You also may not, without Physeo’s prior express written permission, “mirror” any part of this Site or any content contained on this Site on any other server You may not download (other than page caching) or modify the Site, or any portion of it, except with express written consent of Physeo™. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be copied, modified, reproduced, duplicated, distributed, transmitted, republished, displayed, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Physeo™. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Physeo™ without express written consent. You may not use any meta tags or any other “hidden text” utilizing Physeo™ name or trademarks without the express written consent of Physeo™.
- General Restrictions Specific to Digital Content. The Services allow you to access and view Digital Content by streaming only. Downloading, attempting to download, sharing or linking, by you or any agent, to any Digital Content is a breach of this Agreement. If you do not follow the TOU, we may issue a warning, temporarily suspend, indefinitely suspend or terminate any of your right to use or access all or any part of the Site.
- Specific Restrictions Specific to Digital Content. The license granted above is further limited by those restrictions with respect to “Authorized Devices” and “Non-Commercial, Private Use” as described under the heading “PURCHASING” below.
- Limited Linking Right. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Physeo.com so long as the link does not portray Physeo™, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not otherwise use any Physeo™ logo or other proprietary graphic or trademark as part of the link without express written permission.
Respect the rights of others. Except in your ordinary use of the Site and as described below, Physeo™ has no right or authority to authorize you to use, download, print, copy, modify, display, distribute, or transmit any content belonging to any third party, including content from any other web site that you access from this Site. If we allow you to post anything on the Site or if you send anything to us, you may not use, post or send any third party intellectual property without the express written permission of the applicable third party, except as permitted by law.
We (and our licensors) hold the rights to the Digital Content and Site. Physeo™ and its licensors will retain ownership of our intellectual property rights, including without limitation rights in the Digital Content, trademarks and other logos, text, graphics, icons, images, audio clips, video clips, digital downloads and the “look and feel” of the Site and all products and services offered by Physeo™. You may not obtain any rights therein by virtue of this TOU, creating content to send to us or otherwise, except as expressly set forth in this TOU. You may not use any of our trademarks or service marks in any way. For example, you may not use any such marks as links to this Site from other web sites, or as machine-readable search terms, unless you have our express permission by separate agreement. Notwithstanding, you may “share” links to the Site by using the third party sharing widgets we may provide on the Site. You may not attempt to reverse engineer any of the technology used to provide the Services.
Software Use Restrictions. Any software that is made available to download from or use within the Site (the “Software”) is the copyrighted work of Physeo™ and/or the manufacturers, authors, developers or vendors of such Software (the “Third Party Providers”). Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (each, a “License Agreement”). An end user will be unable to install and may not otherwise use any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the terms of such License Agreement. Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited. Installation assistance, product support and maintenance, if any, of the Software is available from Physeo™ and/or the Third Party Providers, as the case may be, in accordance with the terms of the License Agreement. SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF ITS LICENSE AGREEMENT. EXCEPT AS SET FORTH IN SUCH LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
Other Users. If you become aware of any conduct that violates this TOU, Physeo™ encourages you to contact us via the contact form at https://physeo.com/contact-us. Physeo™ reserves the right, but will have no obligation, to respond to such communications.
Registration. You do not have to register, create a user account, or otherwise provide us with any information in order to visit the Site. However, if you wish to purchase or access certain Digital Content or otherwise access special features of the Site, including new features that may become available in the future, you will be required to register with us and create a user account (your “Account”), which will require that you provide us with certain contact (including a valid email address) information. If you are younger than 13, you will not be able to create an Account and instead must have your parent or legal guardian who is over the age of 18 create an Account. If you are over the age of 13 but less than 18 years old, you will be able to create an account with the permission of your parent or legal guardian who is over the age of 18. All information that you provide to us or our third party payment processor must be lawful, accurate, current and complete.
Subscriptions. Some Services require that you pay a subscription fee (such Accounts referred to as “Subscription” Accounts). Users who purchase Subscriptions Accounts may be referred to herein as “Subscribers.” Please carefully review the provisions below under the heading “PURCHASING” for Physeo™ policies related to payments and Subscriptions.
Consent to Communications from Physeo. Areas of the Site may request that you provide Physeo™ with your email address. By providing Physeo™ your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may opt-out of such Service-related emails by choosing the option stating you do not wish to receive such emails. We may also use your email address to send you other messages, including changes to features of the Services or news related to Physeo™. If you do not want to receive such email messages, you may opt out. Opting out may prevent you from receiving email messages regarding updates or improvements. Under no circumstances should you respond to a request for any passwords or other personally identifiable information, particularly a request from an individual claiming to be an employee of Physeo™. Physeo’s employees will never ask for passwords or other personally identifiable information. You must notify Physeo™ if you receive such a request.
Passwords. Once you register for your Account, you will be prompted for a valid Username and Password whenever you want to make a purchase or access certain aspects of the site or your Account. When you create your Account, you will be required to create a password. We also recommend that you change your password often, with an interval of no more than 30 days between password changes. You are solely responsible for the activity that occurs on your Account, and you must keep your account password secure. You must notify Physeo™ immediately of any breach of security or unauthorized use of your Account.
Updates. You agree to update your Account with any changes to information you provided to us. You understand that it is important to keep the email address associated with your account current because although you may be able to log into your Account using an old email address, you will not receive messages from Physeo™ about your orders and other inquiries.
Authorized Devices. Subscribers will need to activate each system (computer, phone, electronic device, etc.) they use to access the Service (once activated in accordance with this TOU, such system may be referred to as an “Authorized Device”). Once an Authorized Device is activated, it cannot be transferred or reset. Users agree that the service will only be used on, and the licenses to the Digital Content obtained herein is expressly limited to, a single activated Authorized Device at any given time.
Non-Commercial, Private Use. The Service allows access to view Digital Content, and the license granted herein to any Digital Content is limited to, a limited number of times over a limited period of time. As used herein, “Non-Commercial, Private Use” means a presentation of Digital Content for which no fee or consideration of any kind (other than that which you pay to us to access the Digital Content) is charged or received, which takes place in your private home or apartment or, if outside your private home or apartment (e.g., in a hotel room, dorm room, office, or airport waiting lounge) is limited to a private viewing for you alone. Non-Commercial, Private Use specifically excludes any public presentation (e.g., a presentation in a dorm lounge) and any presentation by a place of public accommodation or other commercial establishment (e.g., a bar or restaurant), even if no fee is charged for viewing or accessing the Digital Content.
Subscription License. Physeo™ grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited right and license to stream and to view and privately display, for Non-Commercial, Private Use, the Digital Content Rented by you, by way of no more than three (3) Authorized Devices connected to the Service over the Internet. Unless otherwise designated on a Detail Page for Digital Content, this license for Digital Content is limited in its term and duration to 12 months (365 days) from the date of Subscription (the “Subscription Term”). Each piece of Digital Content (i.e. each video) is further restricted to no more than eight (8) “views”, each “view” beginning as soon as you commence streaming of the Digital Content, irrespective of the length or time of streaming. After the applicable Subscription Term, you understand and agree that Physeo™ may automatically delete your user account.
Risk of Loss. Once you Subscribe to Digital Content and we make the Digital Content available to you, you bear responsibility for completing viewing during the stipulated Subscription Term. Digital Content will generally continue to be available to you for streaming from the Service, as applicable, but may become unavailable due to conditions or reasons beyond Physeo’s™ control, in which case Physeo™ will not be liable. Such conditions or reasons include, but are not limited to, Acts of God, power outages, system maintenance, programming errors, software issues, actions of third parties such as computer or software hackers, or others acting outside the law or in contradiction to this TOU. The risk of loss and title for all tangible items purchased through the Site passes to you upon delivery of the item to the carrier.
Prices. From time to time, we may make purchase of tangible items (such as physical text books) available on the Site. The price for an item on the Site may differ from the price shown in your shopping cart; this may occur because it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the Site. If the price for the item on the Site is incorrect and is actually higher than the price provided at the time of purchase, then, at our discretion, we may either (i) contact you for instructions before shipping the item or charging you for such item; (ii) cancel the order for such item and notify you of such cancellation; or (iii) ship the item at the incorrect price to your benefit.
Payment. You agree to pay all charges and applicable taxes that you incur at the prices in effect when you place your order. Verification of your billing or shipping information may be required prior to our acceptance of your order. We describe the types of payment we may accept at the time of purchase.
Free Trials. Your Physeo™ membership may start with a free trial. The free trial period of your membership will be specified during sign-up. To view the specific details regarding your free trial, log in to your account at our website and click on the “My Account” link located at the top of the page.
Billing. By starting your Physeo™ Subscription Account, you are expressly agreeing that we are authorized to charge you a membership fee at the then current rate plus any applicable tax for a twelve (12) month subscription to the Services, as well as any other charges you may incur in connection with your use of the Services, to the payment method you provided during registration (or to a different payment method if you change your account information). As used in this TOU, “billing” shall indicate either a charge or debit, as applicable, against your payment method. When your twelve (12) month subscription to the Services expires, you will lose access to the features unique to Subscriptions Accounts unless you choose to purchase an additional subscription. Physeo™ will not automatically bill you for renewal subscriptions. Membership charges are fully earned upon payment. Payments are nonrefundable and THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, bonus disc or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email.
Cancellation. You may cancel your Physeo™ subscription at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNVIEWED DIGITAL CONTENT. To cancel your membership, visit our website, log in to your account and submit a support request indicating you wish to cancel your subscription.
Descriptions. Descriptions, images, specifications, pricing and availability of any Digital Content, products or Services are subject to change without notice. We reserve the right, with or without prior notice, to limit quantities of or to discontinue any piece of Digital Content, product or Service. We also reserve the right to impose conditions on any coupon or promotional code and to refuse any order in our sole discretion. IF A YOU PURCHASE AN ITEM FROM THE WEB SITE THAT IS NOT AS DESCRIBED ON THE WEB SITE, YOU UNDERSTAND AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE.
All Purchases/Subscriptions Are Final. All Subscriptions to Digital Content are final as soon as you complete your purchase.
Security. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will be unable to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Overview. The Site may offer opportunities for interactive activities in the future, which may enable you and other Users to communicate with each other directly, or which enable you and other Users to post information and other material that will be visible to other Users of the Services. To ensure a safe environment for all Users to freely participate and interact with the Site, you agree that all interaction with the Site by you may be used only for lawful purposes in accordance with this TOU.
Postings Become Public. If you are using any Services, and post, publish or communicate any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on or through the Site and Services, such content can be seen by other Users, so please choose carefully the information that you post and/or provide to other Users (“User Created Content“). Physeo™ shall not be liable for any compensation, claims, or damages resulting from any use of any User Created Content, and you agree to defend and hold Physeo™ harmless with respect to any such compensation, claims, or damages, including attorneys’ fees.
- No Harassment. You may not post or transmit through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. You may not post or transmit through the Site anything to otherwise defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the Services, the Site or any web sites linked to the Site.
- Unauthorized Activities. You may not use the Site or Services or submit anything to us in a manner that: (a) involves, directly or indirectly, the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming” or otherwise uses the communication systems provided by the Services for any commercial solicitation purposes; (b) permits unauthorized access to restricted or password only access pages or hidden page or images (those not linked to or from another accessible page); (c) solicits or collects, manually or through an automatic process, passwords or personal identifying information about Users or other information related to the Site or the Services for commercial or unlawful purposes; (d) involves unauthorized commercial activities such as contests, sweepstakes, barter, advertising, or pyramid schemes; (e) includes a photograph or video of another person that you have posted without that person’s consent; (f) circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying any security technology or software that is part of the Site or which protects the Digital Content; (g) involves the use of viruses, bots, worms, Trojan horses, spiders, offline readers, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information, or any other methods or technology to interrupt, destroy or limit the functionality of the Site, Services, or any computer software or hardware; (h) covers or obscures the banner advertisements or removes or obscures and proprietary notices on the Site or Digital Content; (i) interferes with, disrupts, or creates an undue burden on the Site or the networks or services connected to the Services; (j) impersonates or attempts to impersonate another User, person or entity; misrepresents your affiliation with a person or entity, including (without limitation) Physeo™, uses the account, username, or password of another User at any time or discloses your password to any third party or permits any third party to access your Account; (k) sells or otherwise transfers your Account; (l) uses any information obtained from the Site in order to harass, abuse, “cyber bully” or harm another person or entity, or attempt to do the same; (m) uses any meta tags or any other “hidden text” utilizing Physeo’s name, trademarks, or product names; (n) creates a risk of any other loss or damage to any person or property; (o) may constitute or contribute to a crime or tort; or (p) assists any third party in engaging in any activity prohibited by this TOU.
- No Infringing Postings. You may upload to or otherwise submit to Physeo™ for distribution on the Site or as Digital Content only: (i) User Created Content that is owned by you or is in the public domain; or (ii) User Created Content in which the owner or licensor has given express authorization for you and Physeo™ to distribute over the Internet and as Digital Content for commercial purposes. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes, or otherwise use the Site to infringe, misappropriate, or otherwise violate, any copyright, patent, trademark, trade secret, right of publicity or other proprietary rights of any person or entity. Any copyrighted or other proprietary User Created Content distributed with the consent of a copyright owner should contain a phrase such as “Copyright, owned by [name of owner]; used by permission.” Physeo™ is entitled to presume that all User Created Content conforms to the foregoing requirements.
Removal of Content or Accounts.
- By Physeo. Physeo™ may review User Created Content submitted to the Site from time-to-time, but Physeo™ has no obligation to monitor User Created Content and undertakes no duty in this regard. However, Physeo™ reserves the right, in its sole discretion, to reject, refuse to post or remove any posting or other User Created Content (including private messages) by you, or to deny, restrict, suspend, or terminate access to all or any part of the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Physeo™ reserves the right, in its sole discretion, to remove your profile and your Account and/or deny, restrict, suspend, or terminate your access to all or any part of the Services for any reason. Physeo™ takes no responsibility and assumes no liability for any User Created Content that you or any other Users or third parties submits, including without limitation for infringement of copyrights. Any loss or damage of any kind that occurs as a result of the use of any User Created Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Services is solely your responsibility. Physeo™ is not responsible for any public display or misuse of your User Created Content.
- By You. We may allow you to delete certain User Created Content which appears on the Site itself. However, deleted User Created Content may persist in backup copies for a reasonable period of time. If another User obtained access to your User Created Content and copied or shared such content, your deletion of User Created Content will not delete copies of User Created Content shared by others.
Reporting. If you become aware of misuse of the Services, including any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable law, Physeo™ encourages you to inform us via the contact form at https://physeo.com/contact-us. Notwithstanding the foregoing, Physeo™ assumes no responsibility for ongoing monitoring of the Site or for removal or editing of any User Created Content, even after receiving notice. Physeo™ assumes no liability for any action or inaction with respect to conduct, communication, or User Created Content within the Site.
Your Content. By emailing or otherwise transmitting any content to Physeo™, you accept that you will, and you hereby, automatically grant Physeo™, or represent and warrant that the owner or authorized licensor of such content has expressly granted Physeo™, the non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance and distribute such content, in whole or in part worldwide and/or to incorporate such content into other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such content, including without limitation any marketing materials related to the Site or Physeo™ in general. If you are under the age of 18, prior to submitting anything to us, you must provide your parent’s or legal guardian’s contact information, and your parent or legal guardian must agree to grant us the license described in this section of the TOU to your work. Subject to this grant, the licensor of any content you submit to Physeo™ retains any and all rights which may exist in such content. You understand that submitting your content is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization. You hereby irrevocably waive any claims to the content based on moral rights or similar theories, if any. You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in this TOU with regard to your content.
Copyright. All materials on the Site and available through the Services, including without limitation, Digital Content, the logos, design, text, graphics, audio clips, video clips, other files, and the selection, arrangement and organization thereof are owned by Physeo™, its licensors or other entities. Unauthorized use of such materials is strictly prohibited. Copyright © 2016 Physeo LLC and its licensors. All Rights Reserved.
Trademarks. Product names, logos, designs, titles, and words or phrases used on any Physeo™ web site, including, without limitation, Physeo™ are owned by Physeo, its licensors or other entities. All page headers, custom graphics, button icons and scripts are trademarks or trade dress of Physeo™. If you use such trademarks or logos, you must include appropriate attribution. All other trademarks, trade names and the like that appear on the Site or the Services are the property of their respective owners. You may not use any of these trademarks, trade dress, or trade names, or any confusingly similar marks, dress or names, including without limitation as a part of any link, without express permission.
Your Ideas. You may choose to or we may invite you to submit comments, testimonials, feedback, suggestions, ideas, and other submissions about the Services, including without limitation about how to improve the Services (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Physeo™ under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation or credit to you. You acknowledge that, by acceptance of your submission, Physeo™ does not waive any rights to use similar or related ideas previously known to Physeo™, or developed by its employees, or obtained from sources other than you. Such disclosure, submission or offer of any Ideas shall, and hereby does, constitute a perpetual, royalty-free, worldwide, irrevocable license to us of all right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Ideas and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You should not submit any Ideas to us if you do not wish to license such rights to us. We are and will be under no obligation: (i) to maintain any Ideas in confidence; (ii) to pay to you or any third party any compensation for any Ideas; or (iii) to respond to any Ideas. You are and shall remain solely responsible for the content of any Ideas you make.
INTELLECTUAL PROPERTY POLICY
Physeo™ respects the intellectual property rights of others and expects its users to do the same. Physeo™ may remove content that in its sole discretion appears to infringe the intellectual property rights of others. It is also our policy to terminate the accounts of repeat offenders. If we remove or disable access to comply with the Digital Millennium Copyright Act we will make a good-faith attempt to contact the owner, author, or administrator of each affected account so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act.
Infringement Notification. If you believe that content residing on or accessible through our website infringes a copyright for which you own or are a designated agent, please send a notice of infringement by Certified Mail with the information that sets forth the items specified below. Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org. To expedite our ability to process your request, please use the following format:
- Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works at the Site are covered by a single notification, provide a representative list of such works.
- Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit Physeo™ to locate the material. Please provide a url for each item. Include the specific asset(s) or page(s) that you claim to be infringing. Say entire work ONLY if all assets / pages in a collection/document are infringing.
- Include details of your claim to the material, or your relationship to the material’s copyright holder.
- Provide your full name, address, and telephone number should we need to clarify your claim.
- Provide a working email address where we can contact you to confirm your claim.
- If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
- If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
- Sign the document, physically or electronically.
- Send the document to Physeo™ designated Copyright Agent to receive notifications of claimed infringement, using the address below:
Physeo’s (Designated Copyright Agent)
Physeo LLC 2243 Fairway Drive Spanish Fork, Utah 84660
We will review your claim and determine its merit. If, after our review, we believe your claim is sufficient to remove the information from public view, we will do so immediately and provide you with confirmation. If your claim is insufficient to act upon, or, in our consideration the material has been posted with a good faith effort and compliant with the DMCA, we will notify you and provide you opportunity to clarify or seek additional remedy.
How do I file a DMCA counter notice? The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act: http://www.copyright.gov/legislation/dmca.pdf. If you believe that your material has been removed improperly, you may file a counter notification. To file an official counter notification with us, you must provide a written communication that sets forth the items specified below. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
Elements of Counter-Notification. A sample counter notification may be found at: http://www.chillingeffects.org/dmca/counter512.pdf. To expedite our ability to process your counter notification, please use the following format:
- Identify the specific URLs of material that Physeo™ has removed or to which Physeo™ has disabled access.
- Provide your full name, address, telephone number, and email address, and the username of your Physeo™ account.
- Provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or any judicial district in which Physeo™ may be found if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
- Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- Sign the notice.
- Send the written communication via Certified Mail to the following address:
Physeo LLC (Designated Copyright Agent)
Physeo™ LLC 2243 Fairway Drive Spanish Fork, Utah 84660
THIRD PARTY SITES
REPRESENTATIONS AND WARRANTIES
You represent and warrant to Physeo™ that: (i) you have the full power and authority to enter into and perform your obligations under this TOU; (ii) your assent to and performance of your obligations under this TOU does not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, or any applicable laws, regulations or rules; (iii) this TOU constitutes legal, valid and binding obligations on you, enforceable in accordance with its terms and conditions; (iv) you will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of any third party in your use of the Site or the Services; and (v) you will comply with all applicable laws, rules and regulations in your use of the Services and the Site, including this TOU.
You agree to defend, indemnify, and hold Physeo™ and its employees, representatives, agents, attorneys, affiliates, directors, officers, and members (“Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach of any provision of this TOU by you, including violations of law or allegations of violation of privacy, publicity intellectual property rights related to content you submit, (ii) arising from, related to, or connected with your use of the Site or the Services, (iii) any other party’s access and use of the Services with your unique username, password or other appropriate security code (if such codes are required to access Services in the future). If you are obligated to provide indemnification pursuant to this provision, Physeo™ may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without the consent of Physeo™.
DISCLAIMERS, EXCLUSIONS AND LIMITATIONS
DISCLAIMER OF WARRANTIES. PHYSEO PROVIDES THE WEB SITE, DIGITAL CONTENT, SOFTWARE AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. PHYSEO DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE, DIGITAL CONTENT, SOFTWARE OR SERVICES OR THEIR USE (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS OR OTHERWISE CURRENT OR COMPLETE, (III) WILL MEET YOUR REQUIREMENTS, (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE, (V) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR (VI) OR THAT THIS WEB SITE AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PHYSEO MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOU, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR WEB SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. PHYSEO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEB SITE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PHYSEO WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
EXCLUSION OF DAMAGES. To the maximum extent permitted by applicable law, in no event shall Physeo™, its affiliates, directors, associates, partners, agents, employees or representatives be liable for any indirect, exemplary, punitive, special, incidental or consequential damages whatsoever (including but not limited to damages arising from breach of contract, warranty, tort or strict liability for loss of profits, loss of data, loss of goodwill, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever), arising out of or in any way related to the use of or inability to use the web site or services, regardless of the cause of action on which they are based, even if Physeo™ or such other PERSONS OR ENTITIES have been advised of the possibility of such damages.
LIMITATION OF LIABILITY. IN NO EVENT WILL THE LIABILITY OF PHYSEO IN CONNECTION WITH THIS TOU, THE WEB SITE OR SERVICES EXCEED $1,000.
ADDITIONAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS. BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO A USER DEPENDING ON HER, HIS, OR ITS STATE OF RESIDENCE.
International Use. The Site and Services are controlled and operated from facilities in the United States. Physeo™ makes no representations that the Site and Services are appropriate or available for use in other locations. Those who access or use the Site and Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations.
Physeo™ will not be liable for failing to perform under this TOU by the occurrence of any event beyond its reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to Physeo™ to perform, fire, terrorism, natural disaster or war.
In light of Physeo’s substantial contacts with the State of Utah, and your and our interests in ensuring that disputes regarding the interpretation, validity and enforceability of the TOU are resolved on a uniform basis, and Physeo’s execution of, and the making of, the TOU in Utah, you agree that: (i) any claim, cause of action or dispute you have with Physeo™ and any litigation involving any noncompliance with or breach of the TOU, or regarding the interpretation, validity and/or enforceability of the TOU, must be filed and exclusively conducted in the state or federal courts in Salt Lake County, Utah; and (ii) the Agreement shall be interpreted in accordance with and governed by the laws of the State of Utah, without regard for any conflict of law principles. You agree to submit to the personal jurisdiction of the state or federal courts in Salt Lake County, Utah for these purposes. Any claim or dispute between you and Company that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Salt Lake County, Utah, unless submitted to arbitration as set forth in the following paragraph.
For any claim (excluding claims for violations of confidentiality, intellectual property, rights of publicity and privacy, or otherwise claims for injunctive or other equitable relief) under this TOU where the total amount of the award sought is less than $5,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
LIMITATION ON ACTIONS
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Site or Services, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
CHANGES TO THE SITE OR SERVICE
Physeo™ may, in its sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Site or the Services, temporarily or permanently, at any time without notice to you, and Physeo™ will not be liable for doing so. This Site could include inaccuracies or typographical errors.
Physeo™ will have the right in its sole discretion, for any reason or no reason at all, without notice or liability to you or any third party, to terminate your access to the Site or Services, with or without cause. Such reasons may include, without limitation: (i) your breach of any part of this TOU, or (ii) your violation of the rights of any third party.
NOTICES AND ELECTRONIC COMMUNICATIONS
Except as otherwise specifically provided in this TOU, all notices required by or permitted to be given under this TOU will be in writing and delivered to the other party by any of the following methods: (i) hand delivery, (ii) certified U.S. mail, return receipt requested, postage prepaid, (iii) overnight courier, or (iv) electronic mail. If you give notice to Physeo™, you must use the address shown on the Site. If Physeo™ provides notice to you, Physeo™ must use the contact information provided by you to Physeo™. All notices will be deemed received as follows: (i) if by hand-delivery, on the date of delivery, (ii) if delivery by U.S. Mail, on the date of receipt appearing on a return receipt card, (iii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iv) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. Each party agrees that any notice that it receives from the other party electronically satisfies any legal requirement that such communications be in writing.
Software made available on this Site may be subject to United States export control laws, which state that certain software cannot be downloaded from this Site to certain countries or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any software made available on this Site, you represent and warrant that you are not located in, under the control of, or a national, or resident of any such country or on any such list. This TOU contains the entire understanding of you and Physeo™ regarding the use of the Site, and supersedes all prior and contemporaneous agreements and understandings between you and Physeo™ regarding its subject matter. This TOU will be binding upon each party hereto and its successors and permitted assigns. This TOU and all of your rights and obligations under them (including, without limitation, your membership, if any) will not be assignable or transferable by you without the prior written consent of Physeo™. No failure or delay by a party in exercising any right, power or privilege under this TOU will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this TOU. You and Physeo™ are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by this TOU. The invalidity or unenforceability of any provision of this TOU will not affect the validity or enforceability of any other provision of this TOU, all of which will remain in full force and effect.