Physiopedia:Terms of Service
These are the terms of service for Physiopedia.
In these Terms of Service, “Physiopedia” refers to the company, Physiopedia, the Web site located at www.physio-pedia.com (the “Site”), the Physiopedia wiki and the related Physiopedia services (collectively, the “Physiopedia Service”). By using the Physiopedia Service, you (the “User”) signify that you have read, understand and agree to be bound by these agree to be bound by these Terms whether or not you are a registered Editor of Physiopedia. If you do not agree to these Terms, please do not view, access, contribute to, use, or download content from Physiopedia. Different parts of the Site may have different terms posted. If there is a disagreement between these Terms and the terms posted for a specific area of the Site, the terms for the specific area of the Site will have priority for your use of that area of the Site. You must be at least 13 years old to use the Physiopedia Service. You must be at least 18 years old to be an Editor (as defined below).
The Information on Physiopedia is not Medical Advice
PHYSIOPEDIA DOES NOT PROVIDE MEDICAL ADVICE.
The information on Physiopedia including text, images, video, graphics, and other information, whether provided by Physiopedia or by its Editors(all such information, collectively, the “Content”), does not constitute medical advice of any kind, and is not intended to be, and should not be, used to diagnose or identify treatment for a medical condition. The Content should never be used in place of the advice of your physician or other medical professional, and your use of Physiopedia indicates your agreement not to do so. Nothing on the Site or included as part of any project of the Physiopedia Service, should be construed as an attempt to offer or render a medical opinion or otherwise engage in the practice of medicine. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
Physiopedia is intended as an educational resource for you to learn about issues relating to physiotherapy. There is absolutely no assurance that any statement contained or cited in the Content touching on medical matters is true, correct, precise, or up-to-date. Even if a statement made about medicine is accurate, it may not apply to you or your symptoms. If you are a patient or suspect that you are suffering from a medical condition, see your doctor for medical advice and diagnosis. If you are affected by any potential health or medical emergency, call your local emergency service immediately.
Physiopedia does not recommend or endorse any treatment, institution, product, professional, physician, procedure, test, opinion or other information that may be mentioned on Physiopedia. By using the Physiopedia Service, you understand and agree that the Content is written and monitored in a collaborative effort by a large community of people that are neither employees of Physiopedia nor controlled by Physiopedia and the Content is constantly changing. Physiopedia does not validate or otherwise endorse the Content, nor does it validate the credentials of the people contributing to the Site. The Content and the use of the Content by you DOES NOT create a doctor-patient relationship between you and any of the Members of Physiopedia. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.
PHYSIOPEDIA MAKES NO GUARANTEE OF VALIDITY
The “Physiopedia Wiki” is an online open-content collaborative encyclopedia, that is, a voluntary association of individuals and groups working to develop a common resource of physiotherapy knowledge. The structure of the project allows anyone with an Internet connection to alter its content. Please be advised that nothing found here has necessarily been reviewed by people with the expertise required to provide you with complete, accurate or reliable information.
That is not to say that you will not find valuable and accurate information in Physiopedia; much of the time you will. However, Physiopedia cannot guarantee the validity of the information found here. The content of any given article may recently have been changed, vandalized or altered by someone whose opinion does not correspond with the state of knowledge in the relevant fields.
No formal peer review
Physiopedia is not uniformly peer reviewed; while Editors may correct errors or engage in casual peer review, they have no legal duty to do so and thus all information read here is without any implied warranty of fitness for any purpose or use whatsoever. Even articles that have been vetted by informal peer review or featured article processes may later have been edited inappropriately, just before you view them.
None of the Editors, sponsors, administrators, or anyone else connected with Physiopedia in any way whatsoever can be responsible for the appearance of any inaccurate or libelous information or for your use of the information contained in or linked from these web pages.
Physiopedia is not responsible should someone change, edit, modify or remove any information that you may post on Physiopedia or any of its associated projects.
No contract; limited license
Please make sure that you understand that the information provided here is being provided freely, and that no kind of agreement or contract is created between you and the owners or users of this site, the owners of the servers upon which it is housed, the individual Physiopedia contributors, administrators, or anyone else who is in any way connected with this project subject to your claims against them directly. You are being granted a limited license to copy anything from this site; it does not create or imply any contractual or extracontractual liability on the part of Physiopedia or any of its agents, members, organisers or other users.
There is no agreement or understanding between you and Physiopedia regarding your use or modification of this information beyond the Creative Commons Attribution/Non-Commercial Share-Alike License; neither is anyone at Physiopedia responsible should someone change, edit, modify or remove any information that you may post on Physiopedia or any of its associated projects.
Any of the trademarks, service marks, collective marks, design rights or similar rights that are mentioned, used or cited in the articles on Physiopedia are the property of their respective owners. Their use here does not imply that you may use them for any other purpose other than for the same or a similar informational use as contemplated by the original authors of these Physiopedia articles under the Creative Commons Attribution/Non-Commercial Share-Alike License. Unless otherwise stated the Site and Physiopedia are neither endorsed nor affiliated with any of the holders of any such rights and as such Physiopedia cannot grant any rights to use any otherwise protected materials. Your use of any such or similar incorporeal property is at your own risk.
Physiopedia may contain material which may portray an identifiable person who is alive or deceased recently. The use of images of living or recently deceased individuals is, in some jurisdictions, restricted by laws pertaining to personality rights, independent from their copyright status. Before using these types of content, please ensure that you have the right to use it under the laws which apply in the circumstances of your intended use. You are solely responsible for ensuring that you do not infringe someone else's personality rights.
Jurisdiction and legality of content
Publication of information found in Physiopedia may be in violation of the laws of the country or jurisdiction from where you are viewing this information. The Physiopedia database is stored on a server in the United Kingdom, and is maintained in reference to the protections afforded under local law. Laws in your country or jurisdiction may not protect or allow the same kinds of speech or distribution. Physiopedia does not encourage the violation of any laws; and cannot be responsible for any violations of such laws, should you link to this domain or use, reproduce, or republish the information contained herein.
Not professional advice
If you need specific advice (for example, medical, legal, financial, or risk management) please seek a professional who is licensed or knowledgeable in that area.
To Contribute to the Physiopedia Wiki You Will Need to Register
In order to contribute to Physiopedia, you must be a physiotherapist or physical therapist, or other health professional, who has applied and been approved by the Physiopedia administrators to contribute to the Physiopedia Wiki (an “Editor”). In order to become an Editor, you must follow the registration instructions on the Site and create a profile with a unique username and password (your “Editor Profile”), so that users will know who you are. You are fully responsible for all activities conducted using your username and password, including your interactions with other Members, whether within the Physiopedia Service or independently, and for any Content contributed to the Site using your Editor Profile. Once created, you may not delete your Editor Profile, however, in certain circumstances you may be permitted to change your username. Thus it is important to think carefully about your choice of username.
You are also responsible for maintaining the confidentiality of your password and are responsible for any harm resulting from your disclosure, or authorising the disclosure of, your password or from use by any person of your password to gain access to the Site or your Editor Profile. You are prohibited from disclosing your password to another person, and from using the password or username of another Member at any time. We encourage you to choose a strong password for your account and never share it. Your reputation as an Editor to the Site depends in large part upon the history of your edits and contributions to the Site, a history of which is publicly available, and your password is the only security that your edit history remains exclusively yours and uncorrupted. It is your sole responsibility to promptly inform Physiopedia of any need to deactivate a password. You grant Physiopedia and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Physiopedia cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Physiopedia tools and services.
Content You Contribute to Any Area of the Site
Physiopedia reserves the right to remove any of Your Content at any time, without notice and for any reason or no reason, and to terminate any accounts containing or contributing Prohibited Content (as defined below). You understand and agree that Physiopedia is under no obligation to display, reproduce, or distribute the Content that you post.
Submissions to Physiopedia
You agree that you will not upload or transmit any communications or content of any type to Physiopedia that infringe or violate any rights of any party. By submitting communications or content to Physiopedia, you agree that such submission is non-confidential for all purposes.
If you make any such submission, you agree that you will not send or transmit to Physiopedia by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Physiopedia by email, you agree such submission is non-confidential for all purposes.
If you make any submission to Physiopedia or if you submit any business information, idea, concept or invention to Physiopedia by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-Physiopedia a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Physiopedia may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to Physiopedia or to Physiopedia by email. We try to answer every email in a timely manner, but are not always able to do so.
Please Respect the Copyrights of Others
You represent and warrant that: (a) you own the content posted by you on the Site or otherwise have the right to grant the license set forth in these Terms, and (b) Your Content does not violate the privacy rights, publicity rights, Intellectual Property Rights (as defined below) or other rights of any person and (c) the Content you contribute is not used for the primary purpose of promoting your business.
Note that copyright protection covers the expression of ideas, not the ideas or information themselves. That means you are allowed to read a magazine article, encyclopedia or other work, recast the ideas in your own words, and submit it to Physiopedia. In those cases, however, you should still cite the original source as a reference. Note that content on Physiopedia must be both verifiable and previously published so source references are welcome and highly encouraged.
Communications with Others
As an Editor you may post Content and communicate with other Editors on the Site. You are solely responsible for such communications and other Content and your use of any communications or other Content provided by other Editors is at your own risk. You agree not to impersonate any other person, or to communicate with other Editors in a manner which may imply that you are anyone other than yourself. If any communication or other Content causes you to feel threatened or believe that someone else is in danger, you should contact your local law enforcement agency immediately. Physiopedia has no obligation to mediate any disputes between you and any other party, including any parties you communicate with on the Site.
Your License to Physiopedia
While Physiopedia makes no claim of ownership with respect to Content you contribute to Physiopedia (“Your Content”), by providing Your Content you grant to Physiopedia a worldwide, perpetual, royalty free and non-exclusive license to use, distribute, reproduce, modify, publicly perform and publicly display Your Content on the Physiopedia Service.
User Submissions – image, video, audio files
You agree to only post or upload media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.
To protect your privacy, you may not wish to submit Personal Information. Uploading media like images or video of other people without their permission is strictly prohibited.
By uploading any media on the Site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.
By uploading any media like a photo or video, (a) you grant to Physiopedia a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorises Physiopedia to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify Physiopedia and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.
Physiopedia reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
The Content, the Site and any associated software, and all Intellectual Property Rights (as defined below) related thereto, are the exclusive property of Physiopedia and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Content except as expressly provided herein.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction, relating to the Content.
Physiopedia’s License to You
Subject to your compliance with these Terms, Physiopedia grants free access to the Content of Physiopedia, which is licensed to you and the public under the Creative Commons Attribution/Non-Commercial Share-Alike License. The Content may be copied, modified and redistributed so long as the new version grants the same freedoms to others and acknowledges the Physiopedia Editor community as the author of the article. A prominent direct link back to the article satisfies this requirement.
If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Links to Physiopedia Content
Subject to your compliance with these Terms, Physiopedia hereby grants you a restricted, non-exclusive, and revocable license to use hyperlinks or otherwise refer to the Content (collectively, a “Link”), provided that (a) Links may not suggest or imply in any way that Physiopedia promotes, sanctions or otherwise approves any Web site, organization, individual, product, service or information; (b) you do not misrepresent the Physiopedia Service or your relationship with Physiopedia; and (c) you may not include a Link on any Web site that that could be construed as, or that a reasonable person may consider obscene, offensive, or inappropriate. Physiopedia reserves the right to require you to remove any Link at any time in Physiopedia’s sole discretion.
In consideration of being allowed to use the Site, you agree that the following actions shall constitute a material breach of these Terms:
- Using the Site for any purpose in violation of local, state, national, or international laws;
- Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Physiopedia in its sole discretion;
- Posting advertisements or solicitations of business;
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
- Allowing any other person or entity to use your identification for posting or viewing comments
- Posting the same note more than once or "spamming"; or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying any of the Physiopedia Service and/or the Site, or which, in the judgment of Physiopedia, exposes Physiopedia or any of its customers or suppliers to any liability or detriment of any type.
Physiopedia reserves the right (but is not obligated) to do any or all of the following:
- Record the dialogue in public chat rooms.
- Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
- Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
- Terminate a user's access to any of the Physiopedia Service and/or the Site upon any breach of these Terms, including the above restrictions.
Physiopedia or its licensors have no liability or responsibility to users of the Physiopedia Service or any other person or entity for performance or nonperformance of the aforementioned activities.
Publication of information found in Physiopedia may be in violation of the laws of the country or jurisdiction from where you are viewing this information.
The Physiopedia database is stored on a server in the United Kingdom, and is maintained in reference to the protections afforded under local law. Laws in your country or jurisdiction may not protect or allow the same kinds of speech or distribution. Physiopedia does not encourage the violation of any laws; and cannot be responsible for any violations of such laws, should you link to this domain or use, reproduce, or republish the information contained herein.
Access to the Site and content may not be legal for some persons or in some countries outside the United Kingdom. If you access and use Physiopedia and the Content from outside of the United Kingdom, you do so at your own risk and are solely responsible for obeying the applicable laws and regulations in your location.
Third Party Web Sites
The Site may contain links or other references to third party Web sites that are not owned or controlled by Physiopedia. Physiopedia also may select certain sites as priority responses to search terms you enter and Physiopedia may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Physiopedia does not endorse any product, service, or treatment advertised on the Site. Physiopedia does not recommend and does not endorse the content on any third-party websites. Physiopedia assumes no responsibility for the content or privacy policies of any such Web sites and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. By using the Site, you expressly relieve Physiopedia from any and all liability arising from your use of any third-party website.
Prohibited Content on Physiopedia
Prohibited Content includes content that: (i) is offensive or promotes racism, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses or advocates stalking, bullying, or harassment of another person; (iii) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, or “spamming,” (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) infringes another person's content without a license to do so, whether or not the intellectual property is registered (or filed for registration) in any country; (vi) promotes, copies, performs or distributes an illegal or unauthorized copy of another person's work, whether it is protected by copyright or trade secret law, or not, such as, without limitation, presenting the work of a third party as your own (plagiarism), providing stolen or illegally obtained content, providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies; (vii) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18); (viii) provides instructional information about illegal activities such as, without limitation, making or buying illegal weapons or substances, violating someone's privacy, or providing or creating computer viruses and other harmful code; (ix) solicits passwords or personally identifying information for commercial or unlawful purposes from Users; (x) except as expressly approved in writing by Physiopedia, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (xi) contains viruses, Trojan horses, worms, time bombs, corrupted files, or similar software; (xii) constitutes, promotes, or is used primarily for the purpose of dealing in: counterfeit goods, items subject to embargo, illegal drugs and paraphernalia, stolen products and items used for theft, unlicensed trade or dealing in stocks or securities, gambling items, professional services regulated by state licensing regimes or non-transferable items; or (xiii) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of Physiopedia, exposes or may expose Physiopedia, any of its licensors, Members or suppliers, or any visitors to the Site to any liability or detriment of any type.
Violations of these Terms
Any use of the Physiopedia Service in violation of these Terms may result in, among other things, termination of your rights to use the Site and the licenses granted in these Terms. To cooperate with legitimate legal requests, subpoenas or court orders, Physiopedia may access and disclose any information and content Physiopedia considers necessary, including any and all information such as full names, e-mail addresses, content, IP address, use history, etc.
Physiopedia has the right (but not the obligation) to review any content and delete or change content that violates this Agreement or which is Prohibited Content, or may otherwise violate the rights, harm, or threaten the safety of any other person, or create liability for Physiopedia, as determined by Physiopedia in its sole discretion. Physiopedia reserves the right (but has no obligation) to investigate and take appropriate action if you violate these Terms, including without limitation removing or modifying Content, terminating your account, reporting you to law enforcement authorities or taking legal action against you.
Physiopedia will respond to notices of alleged copyright infringement that comply with the requirements of the Copyright, Designs and Patent Act. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated by any Physiopedia Content and you want Physiopedia to remove such Content from the Site, you must provide Physiopedia with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
- Identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
- Information reasonably sufficient to permit Physiopedia to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For this notification to be effective, you must provide it to Physiopedia's designated agent at: Physiopedia, 7 The Maltings, Cerne Abbas, Dorchester, DT2 7JE, UK; or in digital format to firstname.lastname@example.org
In an effort to protect the rights of copyright owners, Physiopedia maintains a policy for the termination, in appropriate circumstances, of Editors of the Site who are repeat infringers.
USE PHYSIOPEDIA AT YOUR OWN RISK
PLEASE BE AWARE THAT ANY INFORMATION YOU MAY FIND IN PHYSIOPEDIA MAY BE INACCURATE, MISLEADING, DANGEROUS OR ILLEGAL.
Some information on Physiopedia may create an unreasonable risk for those users who choose to apply or use the information in their own activities or to promote the information for use by third parties.
None of the Editors, sponsors, administrators, vandals, or anyone else connected with Physiopedia, in any way whatsoever, can be responsible for your use of the information contained in or linked from these web pages.
Please take all steps necessary to ascertain that any information you receive from Physiopedia is correct and has been verified. Check the references at the end of the article. Read the article's talk page and revision history to see if there are any outstanding disputes over the contents of the article. Double-check information with independent sources.
If an article contains suggestions regarding dangerous, illegal or unethical activities, remember that anyone can post this information on Physiopedia. The authors may not be qualified to provide you with complete information or to inform you about adequate safety precautions or steps you can take to prevent injury, bodily damage, or other damages to your person, property or reputation. If you need specific advice (for example, medical, legal, risk management) please seek a professional licensed or knowledgeable in that area.
Physiopedia is not uniformly peer reviewed; while users may correct errors or remove erroneous suggestions, they have no legal duty to do so, and thus all information read here is without any implied warranty of fitness for any purpose or use whatsoever.
DO NOT RELY UPON ANY INFORMATION FOUND IN PHYSIOPEDIA WITHOUT INDEPENDENT VERIFICATION.
Release; Indemnification; Disclaimer of Warranties; Limitation of Liabilities and Sole Remedy
As a condition of access to the Service, you release Physiopedia (and Physiopedia’s stockholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensors and distributors) from claims, demands and damages (actual and consequential) of every kind and nature (including but not limited to those arising out of bodily injury or death), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with (i) any communication with any third party on the Site, (ii) your use of any Content, including any incorrect, misleading or inaccurate Content, or (ii) the conduct of any Editor or visitor to the Site.
You agree to indemnify and hold Physiopedia and its parent, subsidiaries, affiliates, suppliers, partners and licensors, and their employees, officers, directors and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Physiopedia Service, any content you submit or otherwise make available through the Physiopedia Service, your use or distribution of any Physiopedia Content, or your violation of these Terms or of any rights of a third party.
Disclaimer of Warranties
When using the Physiopedia Service, information will be transmitted over a medium that may be beyond the control and jurisdiction of Physiopedia and its suppliers. Accordingly, Physiopedia assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Physiopedia Service.
USE of the Physiopedia service is at your discretion and at your own risk. the Physiopedia service, content, other information and software ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, and without representation or warranties of any kind, whether express, implied or statutory, INCLUDING without limitation any IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Physiopedia and its licensors do not warrant that the Physiopedia service will meet your requirements; that the quality of any content will be acceptable; that the results from the use of the Physiopedia service will be accurate or reliable; or that the site will be available on a regular ongoing basis. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
PHYSIOPEDIA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, INFORMATION OR ADVICE RECEIVED THROUGH, ADVERTISED OR OFFERED BY ANY PARTY THROUGH THE PHYSIOPEDIA SERVICE OR ANY LINKS INCLUDED IN THE PHYSIOPEDIA SERVICE.
Without limiting the foregoing, Physiopedia, its licensors, and its suppliers make no representations or warranties about the following: The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Physiopedia Service or Physiopedia.
The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Site.
Limitation of Liability
IN NO EVENT SHALL PHYSIOPEDIA, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM YOUR USE, MISUSE OR RELIANCE UPON ANY PHYSIOPEDIA SERVICE OR DAMAGES RELATED TO OTHER SERVICES, GOODS, INFORMATION OR ADVICE RECEIVED THROUGH THE PHYSIOPEDIA SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF PHYSIOPEDIA, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF THE PHYSIOPEDIA SERVICE OR THESE TERMS OF SERVICE, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE PHYSIOPEDIA SERVICE.
You acknowledge and agree that Physiopedia may, without notice and for any reason, including but not limited to any violation of these Terms, terminate your Physiopedia account, any related email address, and your access to the Physiopedia Service.
You agree that:
- all matters regarding to your access to and use of Physiopedia and these Terms are governed by English law;
- you expressly agree that exclusive jurisdiction for any dispute with Physiopedia, or in any way relating to your use of the Physiopedia Service, resides in the courts located within England and you further agree and expressly consent to the exercise of personal jurisdiction in the courts located within the England in connection with any such dispute including any claim involving Physiopedia or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
- these Terms constitute the entire agreement between you and Physiopedia with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter;
- the Site shall be deemed a passive Web site that is solely based in England and that your use thereof does not give rise to personal jurisdiction over Physiopedia, either specific or general, in jurisdictions other than England;
- if any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect; and
- no waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and Physiopedia’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Changes to these Terms or the Physiopedia Service
Physiopedia may modify these Terms at any time and without notice, so please review them periodically so that you are aware of any such modification. Your continued use of the Physiopedia Service will mean you accept those changes.
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