DISCLAIMER
This site supports freedom of speech, both on and
off the Internet. To ensure a safe, unobjectionable environment
for all of our users, we have established our Terms of Use and
Service. It spells out what you can expect from us and what we
expect from you. By accessing any areas of this site, users ("Users")
agree to be legally bound and to abide by the terms, conditions
and notices relating to its use. This site is owned and operated
by Pediatric Therapeutic Services, Inc. ("Company").
Any references herein to this site shall be deemed to refer to
Pediatric Therapeutic Services, Inc. (PTS) and/or Company, as applicable
under the circumstances.
I. TRADEMARKS
PTS is a trademark of Company, or its affiliates. All rights reserved.
These and other PTS graphics, logos and service marks are trademarks
of Company and its affiliates and may not be used without prior
written consent of Company or its affiliates, as the case may
be. All other trademarks, product names, and company names and
logos appearing on this site are the property of their respective
owners.
II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of this site is at User's sole risk.
Neither Company nor its affiliates nor any of their officers,
directors, or employees, agents, third-party content providers,
merchants, sponsors, licensors (collectively, Providers), or
the like, warrant that this site will be uninterrupted or error
free, nor do they make any warranty as to the results that may
be obtained from the use of this site, or as to the accuracy,
reliability, or currency of any information content, service,
or merchandise provided through this site.
THIS SITE IS PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS
AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION
OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED
ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,
COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT
LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL
DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY COMPANY
NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL
USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstance shall Company or any other party involved
in creating, producing, or distributing this site be liable for
any direct, indirect, incidental, special or consequential damages
that result from the use of or inability to use this site, including
but not limited to reliance by User on any information obtained
from this site or that result from mistakes, omissions, interruptions,
deletion of files or email, errors, defects, viruses, delays in
operation or transmission, or any failure of performance, whether
or not resulting from acts of God, communications failure, theft,
destruction, or unauthorized access to this site's records, programs
or services. User hereby acknowledges that this paragraph shall
apply to all content, merchandise, and services available through
this site. Because some states do not allow the exclusion or limitation
of liability for consequential or incidental damages, in such states
liability is limited to the fullest extent permitted by law.
III. CONTENT
A. PROPRIETARY RIGHTS
User acknowledges that this site contains information, data, software,
photographs, graphs, videos, typefaces, graphics, music, sounds
and other material (collectively referred to as "Content")
that are protected by copyrights, trademarks, trade secrets,
or other proprietary rights, and that these rights are valid
and protected in all forms, media and technologies existing now
or hereinafter developed. All Content is copyrighted as a collective
work under the U.S. copyright laws, and Company owns a copyright
in the selection, coordination, arrangement, and enhancement
of such Content. User may not modify, remove, delete, augment,
add to, publish, transmit, participate in the transfer or sale
of, create derivative works from, or in any way exploit any of
the Content, in whole or in part. If no specific restrictions
are displayed, User may make copies of select portions of the
Content, provided that the copies are made only for User's personal
use and that User maintains any notices contained in the Content,
such as all copyright notices, trademark legends, or other proprietary
rights notices. Except as provided in the preceding sentence
or as permitted by the fair use privilege under the U.S. copyright
laws (see, e.g., 17 U.S.C. Section 107), User may not upload,
post, reproduce, or distribute in any way Content protected by
copyright, or other proprietary right, without obtaining permission
of the owner of the copyright or other proprietary right. In
addition to the foregoing, use of any software Content shall
be governed by the software license agreement accompanying such
software.
B. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section III(A) above, User may upload to
or otherwise distribute only Content that is not subject to any
copyright or other proprietary rights protection (collectively,
Public Content), or Content in which the author has given express
authorization for distribution on the World Wide Web. Any copyrighted
or other proprietary Content distributed with the consent of
a copyright owner should contain a phase such as "Copyright
owned by [name of owner]; used by permission." User will
be liable for any damage resulting from any infringement of copyrights
or proprietary rights, or from any other harm arising from such
submission. Neither Company, nor its affiliates, nor any of their
officers, directors, employees, agents, Providers, or the like,
will be liable for any damage resulting from any infringement
of copyrights or proprietary rights, or from any other harm arising
from such User submission. In compliance with the Digital Millennium
Copyright Act, Users and other persons can report an infringement
to Company at the following email address: info@pts-inc.net.
By submitting Content to any areas on the site, including without
limitation any product reviews or participation in any chat rooms,
User automatically grants, or warrants, that the owner of such
Content has expressly granted Company the royalty-free, perpetual,
irrevocable, nonexclusive right and license to use, reproduce,
publish, translate, sublicense, copy and distribute the Content
in whole or in part worldwide and/or to incorporate it in other
works in any form, media or technology now known or hereafter
developed for the full term of any copyright that may exist in
such Content. User also permits any other User to access, store,
or reproduce the Content for that User's personal use. Subject
to this grant, the owner of Content placed on this site retains
any and all rights which may exist in such Content. User agrees
not to upload files that contain viruses, corrupted files, or
any other similar software or programs that may damage or in
any way detrimentally impact the operation of any computer, software
or web site. User further agrees not to: (a) conduct or forward
chain letters or pyramid schemes; (b) defame, abuse, harass,
stalk, threaten or otherwise violate the legal rights of others;
(c) falsify or delete any Content or any information or material
contained in a file that is uploaded; or (d) do anything or omit
to do anything which would restrict or inhibit any other User
from using and enjoying any of the services, chat areas, news
groups, forums, communities and/or other message or communication
facilities on this site.
C. THIRD-PARTY CONTENT
Company is a distributor and not a publisher of Content supplied
by third parties and Users. Company has no more editorial control
over such Content than does a public library or newsstand. Any
opinions, advice, statements, services, offers, or other information
that constitutes part of Content expressed or made available
by third parties, including Providers or any other User of this
site, are those of the respective authors or distributors and
not of Company or its affiliates or any of their officers, directors,
employees or agents. Neither Company nor its affiliates, nor
any of their officers, directors, employees or agents, nor any
third party, including any Provider, or any other User of this
site, guarantees the accuracy, completeness or usefulness of
any Content, nor its merchantability or fitness for any particular
purpose. In many instances, the Content available through this
site represents the opinions and judgments of the respective
Provider, or User not under contract with Company. Company neither
endorses nor is responsible for the accuracy or reliability of
any opinion, advice, or statement made on this site by anyone
other than authorized Company employees. Under no circumstances
shall Company, or its affiliates, or any of their officers, directors,
employees or agents be liable for any loss, damage or harm caused
by User's reliance on information obtained through this site.
It is the responsibility of User to evaluate the information,
opinion, advice, or other Content available through this site.
Advice received from this web site should not be relied upon
for personal, medical, legal or financial decisions and User
should consult an appropriate professional for specific advice
tailored to the specific situation.
COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, AND SERVICES
CONTAINED ON THIS SITE FOR ANY PURPOSE.
D. EXPORT
The United States export control laws regulate the export and re-export
of technology originating in the United States. This includes
the electronic transmission of information and software to foreign
countries and to certain foreign nationals. User agrees to abide
by these laws and their regulations, including but not limited
to, the Export Administration Act and the Arms Export Control
Act, and not to transfer, by electronic transmission or otherwise,
any Content derived from this site to either a foreign national
or a foreign destination in violation of such laws.
IV. ONLINE CONDUCT
User agrees to use this site only for lawful purposes. User is
prohibited from posting on or transmitting through this site
any unlawful, harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, sexually explicit, profane, hateful, racially,
ethnically or otherwise objectionable material of any kind,
including but not limited to any material that encourages conduct
that
would constitute a criminal offense, give rise to civil liability,
or otherwise violate any applicable local, state, national
or international law.
If Company is notified of allegedly infringing, defamatory, damaging,
illegal or offensive content provided by User (e.g., through
an online review or chat room), Company may investigate the allegation
and determine in its sole discretion whether to remove or request
the removal of such Content from this site. Company may disclose
any Content or electronic communication of any kind: (I) to satisfy
any law, regulation or government request; (ii) if such disclosure
is necessary or appropriate to operate this site; or (iii) to
protect the rights or property of Company, its Users or Providers.
Company reserves the right to prohibit conduct, communication,
or Content that it deems in its sole discretion to be harmful
to Users, Company, or any rights of Company or any third party,
or to violate any applicable law. Company reserves the right
in its sole discretion to deny any User access to this site,
any interactive service herein, or any portion of this site without
notice. Notwithstanding the foregoing, neither Company nor its
Providers can ensure prompt removal of questionable Content after
online posting. Accordingly, neither Company, nor its affiliates,
nor any of their officers, directors, employees or agents, nor
Providers shall assume liability for any action or inaction with
respect to conduct, communication, or Content on this site.
V. PRIVACY POLICY
In accordance with the terms of Company's Privacy Policy, Company
respects the privacy of its Users.
VI. TERMINATION OF USAGE
Company may terminate User's access, or suspend any User's access
to all or part of this site, without notice, for any conduct
that Company, in its sole discretion, believes is in violation
of any applicable law or is harmful to the interests of another
User, a third-party Provider, a service provider, or Company.
IX. SEVERABILITY
The provisions of these Terms of Use and Service are intended to
be severable. If for any reason any provision of this disclaimer
shall be held invalid or unenforceable in whole or in part in
any jurisdiction, such provision shall, as to such jurisdiction,
be ineffective to the extent of such invalidity or unenforceability
without in any manner affecting the validity or enforceability
thereof in any other jurisdiction or the remaining provisions
hereof in any jurisdiction.
ACKNOWLEDGMENT
The Terms of Use and Service, including all documents referenced
herein, represent the entire understanding between you and Company
and supersede any prior statements or representations. BY USING
THIS SITE YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND SERVICE.
The aforementioned Terms of Use and Service are subject to change.
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