TERMS OF USE

(Updated as of April 2020)

General Information

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ENTERING THE WEBSITE AND/OR MOBILE APPLICATION. EACH TIME YOU ENTER THE WEBSITE AND/OR MOBILE APPLICATION, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THE TERMS OF USE IN ITS THEN-CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED IN THESE TERMS OF USE, PLEASE EXIT THE WEBSITE AND/OR MOBILE APPLICATION.

PTX Therapy, LLC and its affiliates (collectively, “PTX”) own and operate this Internet-based health information and communication service websites and mobile applications (the “Sites and Mobile Apps”). The Sites and Mobile Apps are intended to provide you with educational information only. If you have any need for personal advice or have any questions or concerns about your health, please consult your personal physician.

By using or browsing the Sites and Mobile Apps, you acknowledge that you have read, understood and agree to be bound by these Terms of Use and all applicable laws and regulations. If you do not agree to be bound by these Terms of Use, please do not use or access the Sites and Mobile Apps or provide information to us. We may change these Terms of Use at any time and without any notice to you, so we recommend that you periodically visit this page to review the current Terms of Use. By using the Sites and Mobile Apps after we post any changes, you agree to accept those changes regardless of whether you actually reviewed them. Please also review our Privacy Policy, which governs your visit to the Sites and Mobile Apps and which is incorporated into these Terms of Use.

Site Contents

The materials and content located on the Sites and Mobile Apps (collectively, the “Contents”), including all information and content as well as any software programs available on or through the Sites and Mobile Apps, are owned exclusively by PTX, its affiliates and/or its content providers. The Contents, including without limitation the trademarks and service marks “PTX Therapy™,” “PTX Therapist™,” “PTX,” are protected by copyrights, trademarks, service marks, trade dress and other intellectual or ownership rights owned by PTX and its affiliates. Any rights not expressly granted in the Terms of Use are reserved for PTX. All trademarks and service marks appearing on the Sites and Mobile Apps that are not owned by PTX are the property of their respective owners.

Use of Sites and Mobile Apps; Restrictions

The Sites and Mobile Apps and their Contents are intended to be used solely for your personal and non-commercial informational use. Any other use of the Sites and Mobile Apps or the Contents is strictly prohibited, including but not limited to modification, removal, deletion, uploading, posting, redistribution, re-licensing, selling, duplicating, republication, transmission, publication, distribution, proxy caching, or any other dissemination without the express written permission of PTX. You may not use any framing techniques to enclose any PTX trademarks or logos nor use any metatags or other hidden text without PTX’s prior written consent. You may not link to the Sites and Mobile Apps without our prior written consent. Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited. You may not impersonate another person when using the Sites and Mobile Apps.

You may view and print a copy of the Contents displayed on the Sites and Mobile Apps, and download a copy of any Contents that is designated for downloading, for your personal and non-commercial informational use only. You may not alter the Contents in any way, including, without limitation, removing or modifying any copyright or other ownership notices or legends. The rights, title and interest in the Contents are not transferred to you by copying or downloading the material.

PTX may monitor your use of the Sites and Mobile Apps, and any data that you transmit to the Sites and Mobile Apps (including without limitation personally identifiable information) becomes the property of PTX and may be used by PTX for any lawful purpose without restriction, subject to the Privacy Policy set forth on the Sites and Mobile Apps.

All materials at the Sites and Mobile Apps are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions or disclosures apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.

Your continuing right to use the Sites and Mobile Apps is subject to your agreement to abide by these Terms of Use in their entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Sites and Mobile Apps. At any time and for any reason we may revoke your right to use all or any portion of the Sites and Mobile Apps.

Registration and Passwords

We reserve the right to restrict certain areas of information on the Sites and Mobile Apps to our authorized registered users (collectively, “Members”). If any area of the Sites and Mobile Apps require you to register with us prior to our granting you access to such areas of the Sites and Mobile Apps, you agree to provide truthful information, including but not limited to a member name and password as well as your name, address, telephone number and a valid email address (collectively, the “account information”). You agree to provide accurate account information and to update your account information as necessary to keep it accurate. PTX will use your account information in accordance with the Privacy Policy. By completing the registration process, you establish an account with PTX (“Account”).

You are solely responsible for maintaining the confidentiality of your member name and password. You agree to notify us immediately of any actual or suspected loss, theft or unauthorized use of your member name, password or Account. Without limiting the generality of any other disclaimers in these Terms of Use, PTX will not be responsible for any losses arising out of the unauthorized use of your Account. PTX may terminate your Account for any reason and at any time without notice to you.

Subscriptions

To become a Member, you may be required to purchase from PTX any one or more subscription services offered by PTX from time to time. All subscription payments must be made in advance. If payment is not received by PTX on or prior to the first day of the subscription period, PTX may cancel your subscription immediately and without notice. Except as otherwise indicated by PTX, all purchased subscriptions are renewed automatically on a month-to-month basis until formally cancelled by you as per the specific instructions on the Sites and Mobile Apps. No refunds or credits for partial monthly subscriptions will ever be provided. By becoming a member you are agreeing to all of these policies including agreeing that you will never dispute any charges by PTX either through your bank or via any payment gateway or e-commerce system, but instead if you wish to ever cancel your membership you will simply follow the procedures to cancel per the Sites and Mobile Apps.

If you choose to exercise the money back guarantee such must be exercised by you within 30-days of initial date of your Membership by performing both of the following within that 30-day period: 1) cancel your membership per the Sites and Mobile Apps’ instructions, and 2) send a written email request to info@ptxtherapy.com with the Subject heading “money back guarantee”. A maximum refund given is equivalent to one subscription month. The amount of time to receive said refund varies by banks. The money back guarantee only applies for the initial month of Membership and does not apply after the 30th day from your initial date of Membership at any time in the future, for any other month, and therefore any requests received after the 30th day from initial date of Membership would be denied, and by becoming a Member you agree to never dispute this or any of the charges by PTX either through your bank or via any payment gateway or e-commerce system.

PTX may from time to time, offer a free trial subscription (“Trial”). PTX reserves the right, in its sole and absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability to PTX. For certain Trials, PTX may require you to provide your payment details prior to the start of the Trial. At the end of such Trial, PTX may automatically begin charging you for the subscription service being promoted by the Trial on the first day following the end of the Trial. By providing your payment details in conjunction with the Trial, you agree to this charge. If you do not want this charge, you must cancel the Trial before the end of the Trial period. If you become a Member via a Trial, by not cancelling before the end of the Trial period, then the money back guarantee does not apply—you have forfeited this option since you had the opportunity to cancel with no charge during the Trial period.

Posting Member Content

Notwithstanding the foregoing provisions of these Terms of Use, PTX may, in its sole discretion, authorize one, all, or certain of its Members to post files, images, photos, works of authorship or other materials (collectively, “Member Content”) on the Sites and Mobile Apps. Each Member is responsible for all Member Content that is posted by such Member. Each Member represents and warrants that (i) such Member owns any Member Content or otherwise has the right to post such Member Content on the Sites and Mobile Apps and grant the license set forth in this section, (ii) such Member has obtained the consent of any individual or such individuals legal guardian before posting any information about such individual, and (iii) the posting of such Member Content by such Member on the Sites and Mobile Apps does not violate the privacy rights, publicity rights, copyrights, contract rights or other rights of any person. Each Member agrees to pay for all royalties, fees and any other amounts due to any person by reason of any Member Content posted by such Member to the Sites and Mobile Apps. By posting Member Content to the Sites and Mobile Apps, the posting Member thereby grants PTX a perpetual, royalty-free, worldwide, fully paid up and irrevocable right and license to use, reproduce, modify, publicly display, transmit and sublicense, such Member Content. Without this limited license, PTX would not be able to include Member Content in the Sites and Mobile Apps. This license is non-exclusive.

PTX does not assume any responsibility to monitor the Member Content on the Sites and Mobile Apps for accuracy or unacceptable use, nor will any Member Content be authenticated or endorsed by PTX. PTX assumes no responsibility for monitoring Member Content. PTX does not and cannot review all Member Content posted or uploaded to the Sites and Mobile Apps and is not responsible for such Member Content, regardless of whether at any time PTX chooses in its sole discretion, to monitor or remove Member Content on the Sites and Mobile Apps. [PTX encourages you to report offensive or illegal content by using the Report Abuse link on the Sites and Mobile Apps] and we reserve the right to block transmission of and/or remove any Member Content posted to the Sites and Mobile Apps, at any time, for any reason, and without prior notice. Without limiting the generality of the foregoing, each Member expressly acknowledges and agrees that the following rules shall apply to such Member’s use of the Sites and Mobile Apps:

  • The Member is responsible for any Contents posted to the Sites and Mobile Apps through the Member’s Account. Nothing the Member posts to the Sites and Mobile Apps is confidential.
  • The Member shall not post or transmit any Member Content which is illegal, libelous or defamatory. The Member shall not post or transmit any Member Content which discloses private or personal matters concerning any person other than the Member itself without the consent of such person or his or her legal guardian. The Member shall not post or transmit any Member Content which is indecent, obscene or pornographic.
  • The Member shall not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
  • The Member shall not post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features.
  • The Member shall not post or transmit any Member Content which is harmful, threatening, abusive or hateful. It is not our intent to discourage users from taking controversial positions or expressing vigorously what may be unpopular views; however, we reserve the right to take such action as we deem appropriate in cases where the Member Content is being used to disseminate statements which are deeply and widely offensive and/or harmful. However, we are not obligated to take any action.
  • The Member shall not post or transmit spam, petitions for signatures, chain letters or letters relating to pyramid schemes. The Member shall not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services.

Accuracy of Information

The Contents of the Sites and Mobile Apps are for your personal and informational purposes only. PTX uses reasonable efforts to furnish accurate and up-to-date information, but at times we may not promptly update or correct the Sites and Mobile Apps even if we are aware that it is inaccurate, outdated or otherwise inappropriate. We do not guarantee that any information contained in the Sites and Mobile Apps is accurate, complete, reliable, current or error-free or that the Sites and Mobile Apps will be free from viruses. We are not responsible for any errors or omissions in the Sites and Mobile Apps. In addition, we do not endorse the opinions of, or warrant the accuracy of facts or other content contributed by, any third party, including but not limited to any Member.

Dated content speaks only as of the date indicated. Although we may modify the Contents, make improvements to the Sites and Mobile Apps or correct any error or omission at any time and without notice to you, we are not obligated to do so. Any use you make of the information provided on the Sites and Mobile Apps is entirely at your own risk and you agree that PTX will not be liable for any loss of data or any other damages or losses resulting from your use of the Sites and Mobile Apps, including without limitation any action you take or decision you make in reliance on any content on the Sites and Mobile Apps.

Health Information Disclaimers

THE SITES AND MOBILE APPS DO NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE CONTENTS IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. Your use of the Sites and Mobile Apps does not create a doctor-patient relationship between you and PTX or ANY OF its affiliates.

The Sites and Mobile Apps and their Contents ARE not intended to be and should not be interpreted as a recommendation for a specific treatment plan, product, course of action or medical or healthcare provider. You should not use the Sites and Mobile Apps to diagnose a health or fitness problem or disease. Use of the Sites and Mobile Apps does not replace medical consultations with a qualified health or medical professional to meet the health and medical needs of you or any other party.

PTX disclaims all responsibility for the professional qualifications and licensing of, and services provided by, any physician or other health provider referred to on the Sites and Mobile Apps and/or any Third Party Site (as defined below). Never disregard the medical advice of a physician or health professional, or delay in seeking such advice, because of something you read on the Sites and Mobile Apps. Although we strive to ensure that the information we provide on the Sites and Mobile Apps is correct, we cannot guarantee that it is always accurate and up-to-date. We offer the Sites and Mobile Apps AS IS and without any warranties.

Online Conduct

You agree to use the Sites and Mobile Apps only for lawful purposes. You agree that you will not use the Sites and Mobile Apps in any manner that could damage, disable, overburden, or impair the Sites and Mobile Apps or interfere with any other party’s use and enjoyment of the Sites and Mobile Apps. You are prohibited from posting or transmitting to or through the Sites and Mobile Apps any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane or hateful material, or any other material that could give rise to civil or criminal liability under any applicable law. We may disclose any content or electronic communication of any kind (including your profile, e-mail address and other information): (1) to satisfy any legal, regulatory or governmental request; (2) if the disclosure is necessary or appropriate to operate the Sites and Mobile Apps; or (3) to protect the rights or property of PTX, its affiliates, and you. We reserve the right to block access from a particular Internet address to the Sites and Mobile Apps at any time and for any reason.

DMCA Notice

We respect the intellectual property rights of others, and ask that you do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act, please provide the following information to our agent: (a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material you claim is infringing is located on the Sites and Mobile Apps; (d) your address, telephone number and email address; (e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf. Our agent may be contacted as follows:

PTX Therapy, LLC
Attn: Legal Dept. Re: Terms of Use
2802 Flintrock Trace
Suite #379
Austin, Texas, USA 78738

Disclaimer of Warranties; Limitations of Liability

THE SITES AND MOBILE APPS AND THEIR CONTENTS ARE PROVIDED BY PTX “AS-IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. PTX EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WITHOUT LIMITING OUR GENERAL DISCLAIMER, WE DO NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITES AND MOBILE APPS OR ANY PART OF THE CONTENT.

PTX’S LIABILITY WITH RESPECT TO THE SITES AND MOBILE APPS IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN NO EVENT WILL PTX, ITS AFFILIATES, OR THEIR MEMBERS, MANAGERS, SHAREHOLDERS, OFFICERS, DIRECTORS, PRINCIPLES, AGENTS AND EMPLOYEES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, COMPENSATORY, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE REGARDLESS OF THE REASON, OR FOR ANY LOSS OF DATA OR PROGRAMS, LOSS OF OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE SITES AND MOBILE APPS, ANY WEBSITE OR SERVICES LINKED THROUGH THE SITES AND MOBILE APPS, OR ANY COPYING, DISPLAY OR USE THEREOF, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, EVEN IF PTX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PTX WILL NOT BE LIABLE FOR LOSSES OR DAMAGES ARISING OUT OF OR ANY WAY RELATED TO ANY THIRD PARTY WEBSITES OR THEIR CONTENT ACCESSED THROUGH LINKS IN THE SITES AND MOBILE APPS, YOUR USE OF THE SITES AND MOBILE APPS, OR YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITES AND MOBILE APPS.

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 but liability shall be limited to the fullest extent permitted by law.

Indemnification Obligations

You agree to indemnify, defend and hold harmless PTX and its affiliates, agents, employees and third party sources from and against any third party claim, action, demand, loss or damages (including attorneys’ fees and costs) arising out of or relating to your violation of these Terms of Use, your use of the Sites and Mobile Apps or your violation of any rights of any third party.

Remedies for Violations

PTX reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular IP address.

Links to Third Party Sites

Links on the Sites and Mobile Apps may lead to services or sites not controlled or operated by PTX (collectively, “Third Party Sites”). We provide these links for your convenience and information. Links are not an endorsement of the site or service. We assume no responsibility or liability for other sites or services. Any use you make of any site or service linked to by the Sites and Mobile Apps is entirely at your own risk.

Sites and Mobile Apps Updates and Modifications of Terms of Use

You acknowledge that PTX may update the Sites and Mobile Apps and their contents, and may modify these Terms of Use at any time and without notice to you. Modifications will be effective immediately upon posting unless we indicate otherwise. You agree to review periodically these Terms of Use. By entering the Sites and Mobile Apps you agree to and fully accept these Terms of Use in its then-current form each time you enter the Sites and Mobile Apps.

Feedback and Suggestions

All feedback, suggestions and other ideas submitted by you through the Sites and Mobile Apps will be treated as non-confidential and non-proprietary and may be used or disclosed by PTX for any purpose, without any obligation to compensate you. All personal data provided to PTX will be handled in accordance with our Privacy Policy.

Applicable Laws; Exclusive Jurisdiction

The Sites and Mobile Apps and the Contents are displayed solely for the purpose of promoting PTX’s services available in the United States of America. The Sites and Mobile Apps are controlled and operated by PTX from its offices in Travis County, Texas, USA. You are responsible for complying with the laws of the jurisdiction from which you are accessing the Sites and Mobile Apps, and you agree that you will not access or use the information on the Sites and Mobile Apps in violation of such laws. These Terms of Use and your use of the Sites and Mobile Apps will be governed by the laws of the State of Texas, without regard to any conflict of law provision. You agree to submit to personal jurisdiction in Travis County, Texas, USA. Subject to the arbitration provisions contained in these Terms of Use, you agree that any cause of action arising under these Terms of Use will be tried and litigated exclusively in the state and/or federal courts located in Travis County, Texas, USA. Our failure to enforce any rights under these Terms of Use will not constitute a waiver of any terms or conditions of these Terms of Use.

Arbitration

Any claim or controversy related to these Terms of Use or relating to the Sites and Mobile Apps (with the exception of injunctive relief sought by PTX), will be settled by binding arbitration conducted in Travis County, before one (1) arbitrator, and shall be administered by Judicial Arbitration & Mediation Services, Inc. (“JAMS”) pursuant to its Comprehensive Arbitration Rules and Procedures. The location of arbitration will be in Travis County, Texas. The decision of the arbitrator will be binding upon the parties. To the fullest extent permitted by applicable law, no arbitration will be joined with an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

Other Terms and Conditions

If there is a determination that any of these Terms of Use are invalid or unenforceable, that determination will not affect the remainder of these Terms of Use. If any provision of these Terms of Use is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and these Terms of Use shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity or unenforceability shall be strictly limited both to such provision and to such jurisdiction.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites and Mobile Apps or under these Terms of Use must be filed within one (1) year after such claim or cause of action arose or will be forever barred. The section titles in these Terms of Use are for convenience only and have no legal effect.

Contact Us

In the event of any question relating to the Sites and Mobile Apps or these Terms of Use, please Contact Us.