By using this Application and web site, you signify your assent to these Terms and Conditions.
My Therapy Exercise, LLC ("MTE") may revise and update these Terms and Conditions at any time. Your continued usage of this MTE Application and web site ("MTE Site," or the "Site,") will mean you accept those changes.
The contents of the MTE Application and web site www.mytherapyexercise.com (the “Site”) such as text, graphics, images, information obtained from MTE, its licensors, and other material contained on the MTE Site or its pages or links therein ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. 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 MTE Site!
If you think you may have a medical emergency, call your doctor or 911 immediately. MTE does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by MTE, MTE employees, others appearing on the Site at the invitation of MTE, or other visitors to the Site is solely at your own risk.
MTE authorizes you to view or download a single copy of the material on the MTE Site solely for your personal, noncommercial use. All copyright and proprietary rights notices that are contained in the Content must remain therein. Any special rules for the use of certain software and other items accessible on the MTE Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
The Site and Content are protected by intellectual property rights, including but not limited to patent, copyright, and trademark, all under both United States and foreign laws. Title to the Content remains with MTE or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of MTE. All rights not expressly granted herein are reserved to MTE and its licensors.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
The use of the MTE Application, web site, and the Content is at your own risk.
When using the MTE Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of MTE and its suppliers. Accordingly, MTE 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 MTE Site.
The MTE Site and the content are provided on an "as is" basis. MTE, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, MTE, its licensors, and its suppliers make no representations or warranties about the following:
1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the MTE Site or MTE.
2. 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 MTE Site.
In no event shall MTE, its licensors, its suppliers, or any third parties mentioned on the MTE Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the MTE Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not MTE, its licensors, its suppliers, or any third parties mentioned on the MTE Site are advised of the possibility of such damages. MTE, its licensors, its suppliers, or any third parties mentioned on the MTE Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. MTE, its licensors, its suppliers, or any third parties mentioned on the MTE Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
MTE has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your MTE passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your MTE account and password; (3) promptly inform MTE of any need to deactivate a password. You grant MTE 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. MTE 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 MTE tools and services.
If you choose to purchase and/or download any Content from the MTE Site, the following additional terms and conditions will apply to such download service (“Download Service”). You should be aware that the MTE Download Service is not intended or designed to attract or be used by children under the age of 18.
INFORMATION YOU SUBMIT: You are using the Download Service at your own risk and you, along with your healthcare provider, are personally responsible for verifying its suitability for your needs.
CHARGES AND BILLING: You are responsible for providing a valid credit card number at the time you register for a Download Service. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your Download Service account at the prices then in effect, including any unauthorized charges incurred prior to your notifying MTE of such charges. You agree that MTE may pass your credit card information and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services utilized through your Download Service. All Download Service charges are exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes. MTE reserves the right to modify, change prices, or institute new charges for any Download Service at any time with at least thirty (30) days' notice.
MTE may provide links to third-party web sites. MTE also may select certain sites as priority responses to search terms you enter and MTE may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. MTE does not recommend and does not endorse the content on any third-party websites. MTE is not responsible for the content of linked third-party sites, sites framed within the MTE Site, third-party sites provided as search results, or third-party advertisements, 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. MTE does not endorse any product, service, or treatment advertised on the MTE Site.
You agree to defend, indemnify, and hold MTE, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
MTE is based in Los Angeles, California, in the United States of America with principal offices in Beverly Hills, California. MTE makes no claims that MTE, MTE’s Download Service, or any Site within the MTE Network and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the MTE Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, Download Service, Indemnity, Jurisdiction, and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with MTE, or in any way relating to your use of the MTE Site, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving MTE or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Except as expressly provided in a particular "legal notice" on the MTE Site, these Terms and Conditions and the MTE Privacy Policy constitute the entire agreement between you and MTE with respect to the use of the MTE Application, web site, and Content.
Thank you for your cooperation. We hope you find the My Therapy Exercise Application and web site helpful and convenient to use. Questions or comments regarding this web site, should be submitted using our Contact Us Form. We try to answer every email in a timely manner but due to volume may not always be able to do so.
Last Updated: April 2008