PANACEA SPORTS MEDICINE
TERMS AND CONDITIONS
THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF PANACEASPORTSMEDICINE.COM SERVICES. TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICES.
Consult your physician for medical advice before trying a new exercise program including the programs on the Panacea Sports Medicine (PSM) website, its exercises, and instructions. PSM is not responsible for any injuries or outcomes of using this site.
This website is intended for use by the public and rehabilitation professionals such as Athletic Trainers, Occupational Therapists, Physical Therapists, PTA's, and MD's.
PSM's Statement of Rights and Responsibilities. By using or accessing www.panaceasportsmedicine.com you agree to the above paragraphs and the following statements.
PRIVACY / SHARING YOUR CONTENT AND INFORMATION
Your privacy is very important to us. You understand that the information you provide on your profile pages can be deleted or changed by you (the user) and thus if there is information you do not want public, that you can delete or change such information by simply clicking "Edit Profile" on your profile page and making any changes you feel are needed. You hold full responsibility to the information you include in your account.
On initial membership completion, your name, email, password, and any other information you enter, will not be publicly displayed and no other user of the site may have the ability to view such info. This information will not be sold to a third party for any reason.
You do not own any of the content and information on PSM. You have the ability to edit and change your information on your own and you can create your own programs from the materials provided. In addition:
· We always appreciate your feedback or other suggestions about PSM, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
· PSM has the right to remove any exercises, photos, or content for any reason. Deletion may occur immediately without warning.
We do our best to keep PSM safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
· You will not send or otherwise post unauthorized commercial communications (such as spam) on PSM.
· You will not collect users' content or information, or otherwise access PSM, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
· You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on PSM.
· You will not upload viruses or other malicious code.
· You will not solicit login information or access an account belonging to someone else.
· You will not bully, intimidate, or harass any user.
· You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
· You will not use PSM to do anything unlawful, misleading, malicious, or discriminatory.
· You will not do anything that could disable, overburden, or impair the proper working of PSM, such as a denial of service attack.
· You will not facilitate or encourage any violations of this User Agreement.
· This Site is intended for the public and rehabilitation professionals such as athletic trainers, occupational therapists, physical therapists, PTA's, and MD's.
· Please seek additional Medical advice before attempting any exercises or instructions on this site. PSM is not responsible for any outcomes of using this site or any exercises or information within.
REGISTRATION AND ACCOUNT SECURITY
PSM users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
· You will not provide any false personal information on PSM, or create an account for anyone other than yourself without permission.
· You will not use PSM if you are not in proper health to do so and you will seek the advice of a physician prior to using this website.
· You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
· You will not transfer your account to anyone without first getting our written permission.
· If you select a user name for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a user name that does not closely relate to a user's actual name).
PROTECTING OTHER PEOPLE’S RIGHTS
We respect other people's rights, and expect you to do the same.
· You will not take any action on PSM that infringes or violates someone else's rights or otherwise violates the law.
· We can remove any content or information on PSM without warning or infringement on your account.
· You will not use our copyrights or trademarks or any confusingly similar marks, without our written permission. You will not replicate our content without our written permission and proper attribution.
· Be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
· In the event you change or deactivate your mobile telephone number, you will update your account information on PSM within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
· We can change this User Agreement if and when needed. Please check from time to time for updates as we will post the date at the top of this document of when those changes are made.
· For changes to sections relating to payments, application developers, website operators, and advertisers, we will give you a minimum of three days notice. For all other changes we will give you a minimum of seven days notice. All such changes will be made on this page.
· We can make changes for legal or administrative reasons upon notice without opportunity to comment.
If you violate the letter or spirit of this User Agreement, or otherwise create possible legal exposure for us, we can stop providing all or part of PSM to you. We will notify you by e-mail or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.
· You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this User Agreement or PSM exclusively in a state or federal court within the County of San Diego, State of California.
· If anyone brings a claim against us related to your actions, content or information on PSM, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) related to such claim.
· WE TRY TO KEEP PSM UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING PSM "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT PSM WILL BE SAFE OR SECURE. PSM IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS USER AGREEMENT OR PSM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS USER AGREEMENT OR PSM WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, PSM'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
SPECIAL PROVISIONS APPLICABLE TO USERS OUTSIDE THE UNITED STATES
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
· You consent to having your personal data transferred to and processed in the United States.
· If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on PSM (such as advertising or payments) or operate a Platform application or website.
· By "PSM" we mean the features and services we make available, including through (a) our website at www.panaceasportsmedicine.com and any other PSM branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; and (c) other media, software, devices, or networks now existing or later developed. Also included domain is panaceasportsmed.com which directs users to panaceasportsmedicine.com. Panaceasportsmedicine.com typed in the address bar is understood by the user to mean PSM and also follows the terms listed herein.
· By "us," "we" and "our" we mean Panacea Sports Medicine (PSM).
· By "Platform" we mean a set of APIs and services that enable applications, developers, operators or services, including Connect and RSS feeds, to retrieve data from PSM or provide data to us.
· By "information" we mean facts and other information about you, including actions you take.
· By "content" we mean anything you post on PSM that would not be included in the definition of "information."
· By "data" we mean content and information that third parties can retrieve from PSM or provide to PSM through Platform.
· By "post" we mean post on panaceasportsmedicine.com or otherwise make available to us.
· By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
· By "active registered user" we mean a user who has logged into panaceasportsmedicine.com at least once in the previous 30 days.
· This User Agreement makes up the entire agreement between the parties regarding PSM, and supersedes any prior agreements.
· If any portion of this User Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
· If we fail to enforce any of this User Agreement, it will not be considered a waiver.
· Any amendment to or waiver of this User Agreement must be made in writing and signed by us.
· You will not transfer any of your rights or obligations under this User Agreement to anyone else without our consent.
· All of our rights and obligations under this User Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
· Nothing in this User Agreement shall prevent us from complying with the law.
· This User Agreement does not confer any third party beneficiary rights.
PAYMENTS, TAXES, AND REFUND POLICY
The Panaceasportsmedicine.com services (“Services”) accept these forms of payment: credit cards issued by U.S. banks, Panaceasportsmedicine.com Gift Certificates, and Content Codes. If a credit card is being used for a transaction, Panacea Sports Medicine may obtain preapproval for an amount up to the amount of the order. Billing occurs at the time of or shortly after your transaction. If a Panaceasportsmedicine.com Gift Certificate is used for a transaction, the amount is deducted at the time of your transaction. When making purchases, Gift Certificate is used first, followed by, your credit card is then charged for any remaining balance.
You agree that you will pay for all products you purchase through the Services, and that Panacea Sports Medicine may charge your credit card for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING PANACEA SPORTS MEDICINE WITH A VALID CREDIT CARD DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card status, you must change your information online in the Account Information section of panaceasportsmedicine.com; this may temporarily disrupt your access to the Services while Panacea Sports Medicine verifies your new payment information.
Your total price will include the price of the product plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you download the product. We will charge tax only in states where digital goods are taxable.
All sales and rentals of products are final.
Prices for products offered via the Services may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
If a product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Panacea Sports Medicine.
GIFT CERTIFICATES AND CONTENT CODES
Gift Certificates and Content Codes are issued and managed by Panacea Sports Medicine.
Gift Certificates and Content Codes are not redeemable for cash and cannot be returned for a cash refund (except as required by law); exchanged; resold; used to purchase Gifts, or Gift Certificates; used for purchases on the PanaceaSportsMedicine.com. Unused balances are not transferable.
Gift Certificates and Content Codes purchased in the United States may be redeemed through the Services only in the United States, its territories, and possessions.
The Gift Certificate cash value is 1/10 of one cent.
Neither Issuer nor Panacea Sports Medicine is responsible for lost or stolen Gift Certificates or Content Codes. Risk of loss and title for Gift Certificates and Cards transmitted electronically pass to the purchaser in Virginia upon electronic transmission to the recipient. Risk of loss and title for Content Codes transmitted electronically pass in California upon electronic transmission from Panacea Sports Medicine; for avoidance of doubt, such recipient may not always be you.
Panacea Sports Medicine reserves the right to close accounts and request alternative forms of payment if a Gift Certificate, Card, or Content Code is fraudulently obtained or used on the Service.
PANACEA SPORTS MEDICINE, ISSUER, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, CARDS, CONTENT CODES, OR PANACEASPORTSMEDICINE.COM, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A GIFT CERTIFICATE, CARD, OR CONTENT CODE IS NONFUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE, CARD, OR CONTENT CODE. THESE LIMITATIONS MAY NOT APPLY TO YOU. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.
Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
Panacea Sports Medicine is not responsible for typographic errors.
THIS LEGAL AGREEMENT BETWEEN YOU AND PANACEA SPORTS MEDICINE GOVERNS YOUR USE OF THE PANACEASPORTSMEDICINE.COM SERVICE.
THE PANACEASPORTSMEDICINE.COM SERVICE
Panacea Sports Medicine is the provider of this Service, which permits you to purchase or rent digital content for end user use only under the terms and conditions set forth in this Agreement.
REQUIREMENTS FOR USE OF THE PANACEASPORTSMEDICINE.COM SERVICE
This panaceasportsmedicine.com Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
Use of the panaceasportsmedicine.com Service requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video. You agree that meeting these requirements, which may change from time to time, is your responsibility. The panaceasportsmedicine.com Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the panaceasportsmedicine.com Service.
As a registered user of the panaceasportsmedicine.com Service, you may establish an account ("Account"). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Panacea Sports Medicine of any security breach of your Account. Panacea Sports Medicine shall not be responsible for any losses arising out of the unauthorized use of your Account.
In order to purchase and download panaceasportsmedicine.com Products from the panaceasportsmedicine.com Service, you must enter your Panacea Sports Medicine ID and password to authenticate your Account. Once you have authenticated your Account, you will not need to authenticate again for fifteen minutes. During this time, you will be able to purchase and download panaceasportsmedicine.com Products without re-entering your password.
You agree to provide accurate and complete information when you register with, and as you use, the panaceasportsmedicine.com Service, and you agree to update your panaceasportsmedicine.com Registration Data to keep it accurate and complete. You agree that Panacea Sports Medicine may store and use the panaceasportsmedicine.com Registration Data you provide for use in maintaining and billing fees to your Account.
Panacea Sports Medicine reserves the right to change content options (including eligibility for particular features) without notice.
USE OF PURCHASED OR RENTED CONTENT
You agree that the panaceasportsmedicine.com Service and certain panaceasportsmedicine.com Products include security technology that limits your use of panaceasportsmedicine.com Products and that, whether or not panaceasportsmedicine.com Products are limited by security technology, you shall use panaceasportsmedicine.com Products in compliance with the applicable usage rules established by Panacea Sports Medicine and its licensors (“Usage Rules”), and that any other use of the panaceasportsmedicine.com Products may constitute a copyright infringement. Any security technology is an inseparable part of the panaceasportsmedicine.com Products. Panacea Sports Medicine reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by Panacea Sports Medicine for compliance purposes, and Panacea Sports Medicine reserves the right to enforce the Usage Rules without notice to you. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the panaceasportsmedicine.com Service. Violations of system or network security may result in civil or criminal liability.
(i) You shall be authorized to use panaceasportsmedicine.com Products only for personal, use.
(ii) You shall not be entitled to burn video panaceasportsmedicine.com Products.
(iii) Treatment Rentals
a. All treatment rentals are set for the given time indicated at purchase. There are no refunds for this purchase. Panacea Sports Medicine reserves the right to modify these time frames at any given time.
The delivery of panaceasportsmedicine.com Products does not transfer to you any commercial or promotional use rights in the panaceasportsmedicine.com Products. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant, waiver, or other limitation of any rights of the copyright owners in any content embodied in any panaceasportsmedicine.com Product.
You acknowledge that, because some aspects of the panaceasportsmedicine.com Service, panaceasportsmedicine.com Products, and administration of the Usage Rules entails the ongoing involvement of Panacea Sports Medicine, if Panacea Sports Medicine changes any part of or discontinues the panaceasportsmedicine.com Service, which Panacea Sports Medicine may do at its election, you may not be able to use panaceasportsmedicine.com Products to the same extent as prior to such change or discontinuation, and that Panacea Sports Medicine shall have no liability to you in such case.
HIGH-DEFINITION (HD) PANACEASPORTSMEDICINE.COM PRODUCTS
HD panaceasportsmedicine.com Products are viewable only on HD capable devices.
SUBMISSIONS TO THE PANACEASPORTSMEDICINE.COM SERVICE
The panaceasportsmedicine.com Service may offer interactive features that allow you to submit materials (including links to third-party content) on areas of the panaceasportsmedicine.com Service accessible and viewable by the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses. You agree to provide accurate and complete information in connection with your submission of any materials on the panaceasportsmedicine.com Service. You hereby grant Panacea Sports Medicine a worldwide, royalty-free, nonexclusive license to use such materials as part of the panaceasportsmedicine.com Service, and in relation to panaceasportsmedicine.com Products, without any compensation or obligation to you. Panacea Sports Medicine reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability.
Panacea Sports Medicine has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the panaceasportsmedicine.com Service, to investigate any reported or apparent violation of this Agreement, and to take any action that Panacea Sports Medicine in its sole discretion deems appropriate, including, without limitation, termination hereunder.
Certain content, panaceasportsmedicine.com Products, and services available via the panaceasportsmedicine.com Service may include materials from third parties. Panacea Sports Medicine may provide links to third-party websites as a convenience to you. You agree that Panacea Sports Medicine is not responsible for examining or evaluating the content or accuracy and Panacea Sports Medicine does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Panacea Sports Medicine is not in any way responsible for any such use by you.
You understand that by using the panaceasportsmedicine.com Service, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the panaceasportsmedicine.com Service at your sole risk and Panacea Sports Medicine shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. Panaceasportsmedicine.com Product types and descriptions are provided for convenience, and you agree that Panacea Sports Medicine does not guarantee their accuracy.
IMPORTANT SAFETY INFORMATION
To avoid muscle, joint, or eye strain during your use of the products offered through the panaceasportsmedicine.com Service, you should always take frequent breaks, and take a longer rest if you experience any soreness, fatigue, or discomfort. A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including but not limited to while playing video games or watching videos. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts. Consult a doctor before using the products offered through the panaceasportsmedicine.com Service if you have ever suffered these or similar symptoms, and stop using such products immediately and see a doctor if they occur during your use of such products. Parents should monitor their children’s use of the products offered through the panaceasportsmedicine.com Service for signs of symptoms.
You agree that the panaceasportsmedicine.com Service, including but not limited to panaceasportsmedicine.com Products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the panaceasportsmedicine.com Service, contains proprietary information and material that is owned by Panacea Sports Medicine and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the panaceasportsmedicine.com Service in compliance with this Agreement. No portion of the panaceasportsmedicine.com Service may be reproduced in any form or by any means, except as exp