Last Updated: June 24, 2020
Thank you for visiting www.kidsbowelbladder.com (the “Website”). The Website is owned and operated by DSD PT Consulting PLLC (the “Company,” or referred to as “we,” “us,” or “our,” in this Agreement).
If you are using our Services for an organization, you are agreeing to the Terms on behalf of that organization. When we use the words ”you” or “your” or forms thereof in the context of this Agreement, those words refer to the individual accessing or using our Services, or to any company, or other legal entity on behalf of which such individual is accessing or using our Services, as applicable.
We may alter the Terms without notice, and your continued use of the Website signifies that you agree to be bound by any future changes to the Terms. You are encouraged to review these Terms at regular intervals to look for updates.
Applicability of Terms
The Terms apply to your use of the Website, the products, data, services, and any Content provided to you on, from, or through the Website, any of our software, and applications created by the Company or any of its affiliated companies, whether available through a social networking site or through our subsidiaries or affiliated companies. This collective Content is encompassed by references to the Website in the Terms.
Not Medical Advice.
All text, graphics, video, images, and other materials created by us or obtained from our licensors, and other materials contained on the Website (collectively, “Content”) are for educational and informational purposes only and do not constitute medical advice. Content on the Website is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The Website is offered only for general informational and educational purposes and not for specific individual situations. 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 professional medical advice, because of something you have read on the Website. Our Content may include general recommendations or endorsements of certain tests, methods, products, procedures, opinions, or other information. This type of Content is solely for general educational and informational purposes only and is not presented for you specifically, nor for any particular individual.
If you think you may have a medical emergency, call your doctor or 911 immediately
RELIANCE ON ANY INFORMATION PROVIDED BY THE COMPANY, COMPANY EMPLOYEES, OTHERS REFERENCED OR APPEARING ON THE WEBSITE AT THE INVITATION OF THE COMPANY, IS SOLELY AT YOUR OWN RISK.
No Provider-Patient Relationship
By using this website, you explicitly acknowledge that you understand and agree that your use of the Website does not create a relationship between you and any licensed physical therapist, as either a “patient” or “client” for purposes of the Physical Therapy Practice Act of the State of Colorado, USA (Colorado Revised Statutes, Title 12, Article 41, Section 103(6)(a)(I) or (II), or for purposes of any other applicable statute, code, rule or regulation in any jurisdiction which similarly defines or regulates the practice of physical therapy.
No Protected Health Information
Through our Services, we do not transmit, or hold any protected health information (“PHI”), as defined in the HIPAA Final Privacy Rule under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). See Part V, 45 CFR, part 160 and 164 Privacy of Individually Identifiable Health Information.
Do not use the Website, or any of the Company’s social media platforms for which a link appears on the Website, in any manner, to provide, transmit, store, or disclose any health information that constitutes PHI.
We will not monitor whether you provide, transmit, store, or disclose PHI using the Website or any of the Company’s social media platforms for which a link appears on the Website. However, if we become aware that you are not following this guideline, we may revoke your access to the Website, or to any of the Company’s social media platforms for which a link appears on the Website, in our sole discretion.
If you violate the Terms and provide, transmit, store, or disclose PHI, as described, you agree to indemnify, hold harmless and reimburse us for any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorney fees and costs), which arise from your use, provision, transmission, storage, or disclosure of PHI.
- Access to the Website
- License. Subject to the Terms, the Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Website.
- Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website, whether in whole or in part, or any content displayed on the Website; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website; (c) you shall not access the Website in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, and (e) you may not redeliver or present any of the pages, text, images, or the content using “framing” technology, nor systematically retrieve data, information, or the content to create a collection, compilation, database, or directory. Unless otherwise indicated, any future release, update, or other addition to functionality of the Website shall be subject to these Terms.
- Copyright. The Content posted on the Website is protected by the copyright laws in the United States and in foreign countries. We authorize you to view or download a single copy of the Content solely for your personal, noncommercial use if you include the copyright notice located at the end of the material, for example: “©2020, DSD PT Consulting PLLC. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Website may be included elsewhere within the Website and are incorporated into these Terms by reference.
- Rights Reserved. All rights not expressly granted herein are reserved to the Company and/or the Company’s licensors.
- Modification. The Company reserves the right, at any time, to modify, suspend, or discontinue the Website (in whole or in part) with or without notice to you in our sole discretion. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website or any part thereof.
- No Support or Maintenance. You acknowledge and agree that the Company will have no obligation to provide you with any support or maintenance in connection with the Website.
- Violations. 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. All copyright and other proprietary notices on the Website (or on any content displayed on the Website) must be retained on all copies thereof.
- Ownership of Content.
You acknowledge that all the intellectual property rights, including those rights relating to logos, slogans, names, images, copyrights, trademarks, service marks, and trade secrets, in the Website and its content are owned by the Company or the Company’s suppliers. The collection, arrangement, and assembly of all content on the Website belong exclusively to the Company. Neither these Terms (nor your access to the Website) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in these Terms. The Company and its suppliers reserve all rights not granted in these Terms. No implied licenses are granted under these Terms.
You may need to create your own account with the Company to use certain Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Services provided through the Website are intended only for organizations whose representatives can purchase such Services with a credit card or other permitted payment method. We reserve the right to refuse service, terminate accounts, terminate your rights to use the Services, remove or edit content, or cancel orders in our sole discretion.
You may use the Website only as permitted by applicable law. To access or use the Website, you must be at least 18 years old and have the requisite legal capacity and authority to agree to these Terms.
Copyrights of Others
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported to firstname.lastname@example.org.
If you are a copyright owner or agent thereof and believe that content posted on the Website infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
- a description of the copyrighted work that you claim has been infringed;
- the URL of the location on our Website containing the material that you claim is infringing;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent can be reached by mail at: 7179 South Vine Circle West, Centennial, CO 80122, or by email at email@example.com.
Pursuant to the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 C.F.R Part 255, Sections 255.0 through 255.5, some links on the Website may be affiliated links. This means that the Company may be paid if you purchase products or services through websites that you may access through such links. The Company only places affiliated links on the Website for products or services that the Company has determined meet its guidelines based on business ethics, value and relevance to the Content on the Website.
We make reasonable efforts to keep this Website operational and available for access. We perform scheduled maintenance, unscheduled maintenance, and these activities may cause system outages. We do not provide any assurance or warranty that access to our Service will always be available, that our Service will be uninterrupted, or be error free. We may also discontinue our Service in response to unforeseen circumstances beyond our control, or to comply with a legal requirement. We do not guarantee that any defects will be corrected, or that our servers are free from viruses or other harmful components. You agree to assume the entire risk, cost and expense of servicing, repairing, or correcting your property as might be necessary due to your use of our Service.
Services “AS IS”
We strive to provide great value to our clients, but there are certain things that we cannot guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES ADVERTISED ON OR PROVIDED THROUGH THE WEBSITE. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some states do not allow the disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR THE COMPANY’S FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES ADVERTISED ON OR PROVIDED THROUGH THE WEBSITE. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS ARE NOT ALLOWED, WE ARE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOE NOT AFFECT CONSUMER RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
IN JURISDICTIONS WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, THE COMPANY WON’T BE LIABLE FOR:
- ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR
- ii. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT THE COMPANY HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU USE THE SERVICES ADVERTISED ON OR PROVIDED THROUGH THE WEBSITE FOR ANY COMMERCIAL OR BUSINESS PURPOSE, THE COMPANY WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE.
You agree to be fully responsible for and fully indemnify, reimburse, defend and hold us (including our licensors, licensees, successors, distributors, agents, representatives, and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns, collectively the “Indemnified Parties”) harmless from and against any and all claims, liability, damages, losses, costs and expenses, including legal fees and expenses, suffered by us and arising out of any breach of these Terms by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your password, personal computer or other electronic device, or internet access account, or claims made by third-parties that relate to your use of the Website . You shall use your best efforts to cooperate with us in the defense of any claim including to provide us with assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you as we deem necessary. We reserve the right to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you. You shall not settle any third-party claim or waive any defense without our prior written consent.
Content Linked to the Website
From time to time we may include or provide third-party links on the Website. When you click on links that take you outside of the Website to any other website including those of affiliates, joint-venture partners, content partners or other businesses or service providers who may or may not be affiliated with us or the Services, you assume all of the risk, responsibilities and consequences resulting from your use of or access to third-party websites. Other websites not belonging to the Company may be subject to different terms and conditions of use and privacy policies. You acknowledge that we are not responsible for examining or evaluating the content of other sites, nor are we responsible for the availability of any external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including, without limitation, any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
You and the Company agree that any judicial proceeding to resolve claims relating to these Terms will be brought in the federal or state courts of Arapahoe County, Colorado. Both you and the Company consent to venue and personal jurisdiction in such courts. If you reside in a jurisdiction with laws that give consumers the right to bring disputes in their local courts, this paragraph does not affect those requirements. You agree that any court proceeding shall be limited to the dispute between us and you, individually. To the full extent permitted by law, (i) no legal proceeding to resolve claims relating to these Terms shall be joined with any other proceeding; (ii) you hereby waive any, and hereunder have no right or authority for any dispute to be resolved on a class-action basis or to utilize class action procedures; and (iii) you hereby waive any, and hereunder have no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Compliance with Applicable Law
The Website is based in the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with all applicable laws of your specific jurisdiction.
These Terms will be governed by the laws of the State of Colorado, without application of its conflicts of laws principles. However, some jurisdictions have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.
These Terms constitute the entire agreement between you and the Company with respect to the Services and the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms do not create any third-party beneficiary rights.
Waiver, Severability & Assignment
Without limiting any other provisions of this Agreement, you expressly release the Company, its owners, affiliates, principals, officers, employees, and agents from any responsibility and/or liability relating to your use of the Website, any linked websites, or the Content contained in the Website or the content contained in linked websites. Any failure by us to enforce a provision of these Terms is not a waiver of our right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. The Company may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of the Company.
We may revise these Terms from time to time to better reflect:
(a) changes to the law,
(b) new regulatory requirements, or
(c) improvements or enhancements made to Services provided by the Company.