Vigor Workouts, LLC PDF of Below Legal Information


Date of Last Revision: February 8th, 2016

Terms Of Use

This Site is intended for Rehabilitation Professionals such as Physical Therapists, Occupational Therapists, PTA’s, COTA’s, Speech Therapists, Athletic Trainers, and MD’s.

Please seek additional Medical advise before attempting any exercises or instructions on this site. VigorWorkouts.com is not responsible for any outcomes of using this site.

Vigorworkouts.com’s Statement of Rights and Responsibilities. By using or accessing vigorworkouts.com, you agree to the above paragraphs and the following statements.

Use your real name

Please use your real name with any credentials you hold. The name you list at sign up will be the name placed on the home exercise programs for your clients. Names will be reviewed and approved for use. Do not share VigorWorkout accounts with others.

You will be allowed 5 free name changes and thereafter a small fee will apply to further name changes to help prevent the misuse of the site.

Do not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.

Do not create a single account that multiple users will use.

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” on your profile page or go to your account settings page and change your privacy options. You hold full responsibility to the information you post on our site.

Public and Private – Profile information, except your email address, will be publicly displayed and users of the site may have the ability to view such info. Your email address will be available only to the recipient of any home exercise program (HEP) that you create. This allows your client or other recipient a means to communicating with you.

Content – You control all of the content and information you post on VigorWorkouts, and you can control how it is shared through your profile pages and ability to edit or remove your information on your own. In addition:

For content that is covered by intellectual property rights, like photos (“IP content”), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with VigorWorkouts (“IP License”). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

We always appreciate your feedback or other suggestions about VigorWorkouts, 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).

The Web site URL which can be entered on profile pages as a clickable link to another web site, is subject to review and your profile can be removed if deemed a threat of any kind to VigorWorkouts.com and/or its users/members.

Google Translate is available as a clickable link to make it easier for users to access its functions. Google translate is good but not perfect. Use at your own risk.

Safety

We do our best to keep VigorWorkouts 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 VigorWorkouts.com.

You will not collect users’ content or information, or otherwise access VigorWorkouts.com, 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 VigorWorkouts.com.

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 post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.

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 offer any contest, giveaway, or sweepstakes (“promotion”) on VigorWorkouts.com without our prior written consent. If we consent, you take full responsibility for the promotion.

You will not use VigorWorkouts.com to do anything unlawful, misleading, malicious, or discriminatory.

You will not do anything that could disable, overburden, or impair the proper working of VigorWorkouts, such as a denial of service attack.

You will not facilitate or encourage any violations of this Statement.

This Site is intended for Rehabilitation Professionals such as Physical Therapists, Occupational Therapists, PTA’s, COTA’s, Speech Therapists, Athletic Trainers , and clients.

Please seek additional Medical advise before attempting any exercises or instructions on this site. VigorWorkouts.com is not responsible for any outcomes of using this site or any exercises or information within.

Registration and Account Security

VigorWorkouts.com 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 use your personal profile for your own commercial gain (such as selling your status update to an advertiser).

You will not use VigorWorkouts.com if you are not a health or fitness professional that works in the professional field with appropriate skills to give such advise exercise advise to others.

You will keep your contact information accurate and up-to-date if you want such info listed. Otherwise leave blank the information that you are not comfortable making public.

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 post content or take any action on VigorWorkouts that infringes or violates someone else’s rights or otherwise violates the law.

We can remove any content or information you post on VigorWorkouts.com if we believe that it violates this Statement.

You will not use our copyrights or trademarks or any confusingly similar marks, without our written permission.

If you collect information from users, you will: obtain their consent, make it clear you (and not VigorWorkouts.com) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

You will not post anyone’s identification documents or sensitive financial information on VigorWorkouts.com.

You will not violate HIPPA or any other patient privacy laws in your country, state or province.

Payment For Services:

1. If you elect to access any paid component of the VigorWorkouts.com Service, such as becoming a paid member, you agree to pay all fees and charges associated with your subscription on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card. You agree to maintain valid credit card information in your account information.

2. Cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service.

3. VigorWorkouts.com may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the VigorWorkouts.com service after the price change takes effect, you accept the new price.

Technology limitations and modifications: VigorWorkouts will make reasonable efforts to keep the VigorWorkouts Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. VigorWorkouts.com reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the VigorWorkouts Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the VigorWorkouts Service or any function or feature thereof. You understand and agree that VigorWorkouts has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.

Warranty: We endeavor to provide the best service we can, but you understand and agree that THE VigorWorkouts SERVICE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE VigorWorkouts SERVICE AT YOUR OWN RISK. VigorWorkouts DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

Amendments

We can change this Statement if 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.

Termination

If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of VigorWorkouts 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. In all such cases, this Statement shall terminate.

Disputes

You will resolve any claim, cause of action or dispute (“claim”) you have with us arising out of or relating to this Statement or VigorWorkouts exclusively in a state or federal court.

If anyone brings a claim against us related to your actions, content or information on VigorWorkouts.com, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

WE TRY TO KEEP VigorWorkouts UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING VigorWorkouts “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 VigorWorkouts WILL BE SAFE OR SECURE. VigorWorkouts 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 STATEMENT OR VigorWorkouts, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR VigorWorkouts 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, VigorWorkouts ‘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 VigorWorkouts (such as advertising or payments) or operate a Platform application or web site.

Definitions

By ” VigorWorkouts ” we mean the features and services we make available, including through (a) our web site at www.VigorWorkouts.com and any other VigorWorkouts branded or co-branded web sites (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.

By “us,” “we” and “our” we mean VigorWorkouts, LLC.

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 VigorWorkouts 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 VigorWorkouts that would not be included in the definition of “information.”

By “data” we mean content and information that third parties can retrieve from VigorWorkouts or provide to VigorWorkouts through Platform.

By “post” we mean post on VigorWorkouts or otherwise make available to us (such as by creating a custom exercise).

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 VigorWorkouts at least once in the previous 30 days.

Other

This Statement makes up the entire agreement between the parties regarding VigorWorkouts, and supersedes any prior agreements.

If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.

If we fail to enforce any of this Statement, it will not be considered a waiver.

Any amendment to or waiver of this Statement must be made in writing and signed by us.

You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.

All of our rights and obligations under this Statement 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 Statement shall prevent us from complying with the law.

This Statement does not confer any third party beneficiary rights.