TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
Welcome to Rehab Software Pro (“RSP”), the site of Back2Form T/a Rehab Software Pro. This provides you with access and use of Rehab Software Proís website (“the Site”) and patient handout creation application software (the "Software") subject to your compliance with the terms and conditions set out below. All policies and guidelines appearing on the Site and Software are hereby incorporated into the agreement by this reference and jointly referred to as this "Agreement". When accessing, browsing, using the Site and Software or any of our on-line services, you agree to be bound by the terms and conditions of this Agreement.
Licence and Site Access
Under this Agreement you are granted a limited, non-exclusive license to access the Software and to use the Software for the purpose of creating customised patient rehabilitation programmes and educational and instructional handouts (“Materials”) according to these Terms and Conditions and subject to payment of the applicable subscription fees.
The Software is licensed only for use by properly qualified professionals ("healthcare professionals"). Use by individual clients who are not healthcare professionals or by any person who is not properly supervised by a healthcare professional is strictly unauthorised.
If you use any part of the Site or Software that requires a user name or password, then you are responsible for maintaining the confidentiality of that user name and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In the event that the confidentiality of your account details or password are compromised in any manner, you should notify RSP immediately. RSP reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and Software and your account including, without limitation, terminating your account, changing your password or requesting additional information to authorize transactions on your account.
Notwithstanding the above, RSP may rely on the authority of anyone accessing your account or using your password and under no circumstances shall RSP be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of RSP under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password.
Access to and use of the Site or the Software by children under the age of 18 years is strictly prohibited.
Any unauthorized use of this Site or Software will terminate the license granted under this Agreement.
Use and operating policies
You may use the Site only for the purposes set out in the License and Site Access clause. These programs do not provide medical or therapeutic advice and are designed for use solely by healthcare professionals, who have the full and sole responsibility for the accuracy, completeness and appropriate use of any exercise and must use their own clinical judgment as to the information and advice provided to the recipients of the handouts. RSPís Site and Software is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Uses of the Site or Software do so at their own risk and are responsible for their medical decisions about exercise rehabilitation programmes, medications and other treatments.
All access to and use of the services and Materials available on the Site and Software, including online data communication services, is governed by and subject to the following operating and acceptable use policies. RSP has the right, but not the obligation, to suspend or terminate your access and use of the Site and Software and related services and Materials at any time, and block or remove any communications and materials that RSP believes in its sole discretion may violate applicable law, these operating and acceptable use policies or a third party's rights. By using the Site or Software, you agree not to do any of the following:
Use the Software on more than one computer simultaneously;
Save the Software or the Materials to your hard disk or other storage medium;
Permit people other than you (the user or subscriber of the Site and/or the Software) to use the Software or the Materials or enable others to use your registration codes;
Give copies of the Software or the Materials to persons who have not purchased an appropriate license from RSP;
Install the Software on computers used by individuals who have not purchased an appropriate license from RSP;
Duplicate the Software or the Materials by any means, including by electronic transmission;
Reproduce the Materials in advertising or other publications;
Except as required for compliance with medical record keeping requirements, scan and store the or the Materials to electronic storage devices without the prior written permission of RSP;
Copy, print, edit, distribute or display any information, in any way, that has been created using the Software after your subscription period has expired;
Publish or otherwise disseminate the username and/or password provided to you by RSP;
Copy, modify, reverse engineer, disassemble, redistribute, republish or adapt the Software or the Materials except as authorised by RSP;
Make derivative works based on the Software;
Publish the Software or the Materials;
Delete any author attributions, legal notices, or proprietary designations or labels from the Materials;
Manipulate or otherwise display the Site or any of its content by "deep linking" or "framing" or similar navigational technology;
Violate RSPís security mechanisms, access any data or server you are not authorized to access or otherwise breach the security of the Site or corrupt the Site in any way;
Use the Site in any manner that adversely affects the availability of its resources to other users;
Transmit any material that contains a virus or corrupted data;
Upload to, distribute or otherwise publish through this Site or Software any message, data, information, text or other material ("Content") that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, discriminatory or otherwise injurious to third parties;
Upload or transmit any Content that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of RSP or any third party;
Without RSP's prior written permission, publish or upload any unsolicited promotions, goods or services, commercial solicitation or post or transmit any advertising, promotional materials or any other solicitation of other users of the Site or Software for goods or services;
Disseminate or host harmful content including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information; and/or send unsolicited email messages.
RSP will use its reasonable endeavours to ensure the Site and Software is free from unauthorised Content or Content that infringes this Agreement. However, RSP takes no responsibility and assumes no liability for any Content uploaded by you or any third party.
While RSP has no obligation to monitor the Site or Software and is not responsible for the accuracy of the Materials or any content uploaded onto the Site or Software, RSP reserves the right to delete, move, edit, refuse or take other appropriate action with respect to such Materials, content or data which RSP in its sole discretion deems objectionable or otherwise in violation of this Agreement, including denying access to the Site and Software to anyone at anytime. All persons are hereby notified that use of the Site and Software constitutes consent to such actions, monitoring and auditing.
Any copying, redistribution, retransmission or publication of the Materials or any downloaded material from the Site is strictly prohibited without the express written consent of RSP. You are not conveyed any rights or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright or proprietary right of RSP or any third party.
You may not use, frame or utilize framing techniques to enclose any trade mark of RSP, logo or other proprietary information (including the images found at the Site or in the Software or on the Materials, the content of any text or the layout/design of any page or form contained on a page) without RSPís express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing RSPís name, trade mark or product name without RSPís express written consent.
All content on this Site and Software, including, without limitation, RSP's logos, trade marks, inventions, ideas, trade secrets, the "look and feel" of the Site and Software, its colour combinations, layout, designs, text, pictures, and all other graphical elements, sound files and other files, and the selection and arrangement thereof and all proprietary rights thereof are the sole and exclusive property of RSP. Except as expressly stated in this Agreement or in any other agreement you may have with RSP, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including (but not limited to) electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of RSP.
Fees The rights granted under this Agreement are effective only upon payment of the subscription fees, which are strictly non-refundable. If you pay the subscription fees on a monthly basis, the initial subscription minimum period is three months. If you pay the subscription fees on a yearly basis, this will be renewed automatically at the conclusion of each 365-period. Cancellation of the subscription will result in your authorisation to use the Site and the Software to be immediately withdrawn. For those who pay for a 'life time' subscription, RSP undertakes to provide a service for eight years. Thereafter, the 'life time' subscriber may continue to use RSP's services but with no guarantee that RSP will continue to provide the service indefinitely.
This Agreement will endure for a minimum initial fixed term of three months following which period you may terminate this agreement on one monthís notice.
This Agreement may be terminated by RSP immediately and without notice if you fail to comply with any term or condition of this Agreement.
Upon termination you must immediately destroy all complete and partial copies of the Software and the Materials, including all backup copies. You may no longer access or use the Site or Software or use the Materials after this Agreement has been terminated.
Your obligations to pay outstanding subscription fees shall survive any termination of this Agreement.
The provisions of the paragraphs entitled Copyright, Disclaimer, Responsibility and Risk, Third Parties, Termination, Enforcement and Miscellaneous shall survive any termination of this Agreement.
Except for RSP branded information, products or services that are specifically identified as being supplied by RSP, RSP does not control or endorse any information, products or services appearing on or accessible through the Site or the Software in any way. RSP is not responsible for examining or evaluating, and makes no warranties with respect to the offerings of any of these businesses or individuals or the content of their Web sites. RSP does not assume any responsibility or liability for damage to your computer software or hardware as a result of downloading or installing any third party product or for the actions, product, and content (including pop ups, hyperlinks and downloadable plug-ins) of any other third party website. You should carefully review the privacy statements and other conditions of use of each such third party website.
Responsibility and Risk
It is your sole responsibility to evaluate the accuracy, completeness and usefulness of all the materials, diagrams, opinions, advice, services, merchandise and other information provided on or through the Site and Software.
You expressly agree that use of this Site and Software, including all content, data or software distributed by, downloaded or accessed from or through this Site and Software, is at your sole risk and responsibility. Any reliance upon any advice, opinion, statement or other information displayed or distributed through the Site and Software is at your sole risk. RSP reserves the right, in its sole discretion, at any time and without notice, to change any and all content contained on this Site and Software, correct any errors or omissions in any portion of the Site and Software or to deny access to the Site and Software to anyone at anytime. RSP shall have no liability arising from your reliance upon the information provided on the Site and Software.
RSP is not responsible for any health problems or injuries that may result from use of any of the materials, diagrams, training programs, information or products provided through the Site or Software and you expressly acknowledge and agree that RSP shall not be responsible for any damage, loss, or injury to persons or property caused, or alleged to have been caused, directly or indirectly, by any Materials, exercise, exercise programme, instruction, information, product, or ideas provided, suggested or referenced on the Site or Software. No advice or information, whether oral or written, obtained by you from the Site or Software shall create any warranty not expressly made in the Agreement.
RSP shall have no liability to you for usage charges related to any device that you use to access the Site and Software or use RSP services, including, without limitation, usage charges for mobile telephones, Palm OS devices, Windows CE devices, car navigation systems, pagers, Smartphones and other devices, whether wireless, wireline, requiring cradle synchronization or otherwise.
You agree to indemnify and hold harmless RSP from any claim, action, demand, loss, or damages (including legal fees) made or incurred by any third party arising out of or relating to your conduct, your violation of this Agreement, or your violation of any rights of a third party or the infringement by you, or any other user of your member name or password, of any intellectual property or other right of any person or entity.
RSP will protect your privacy consistent with the Data Protection Act 1998.
Our site's registration form requires users to give us personal data such as personal and contact information. We use customer contact information from the registration form to send the user information about our company. The customer's contact information is also used to contact the user when necessary. Users may opt-out of receiving future mailings.
This site contains links to other sites. RSP is not responsible for the privacy practices or the content of such Web sites.
This Site and Software and the Materials on it are provided by RSP on an "as is" and "as available" basis. RSP disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the Materials, information, content, services and products on the Site and Software. RSP does not represent or warrant that the operation of this Site and Software or the Materials are accurate, complete, reliable, current, error-free, subject to correction or that any such materials available for download from the site are free of infection or viruses, worms, trojan horses or other code that manifests contaminating or destructive properties. RSP is not responsible for typographical errors or omissions relating to pricing, text, or photography. While RSP attempts to ensure your access and use of the site is safe, RSP cannot and does not represent or warrant that this Site and Software or its server(s) will be error-free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks) or otherwise meets your requirements.
To the maximum extent permitted by law, RSP is not liable for any indirect, special, incidental or consequential damages (including but not limited to: damages or loss of business, loss of profits and the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise. RSPís total liability to you for actual damages for any cause whatsoever will be limited to the amount you paid for the software.
Amendment or variation
RSP reserves the right to change or modify any of the terms and conditions or any policy or guideline comprising this Agreement at any time and in its sole discretion. If this Agreement is changed, we will post the new terms on the Site. Any changes or modifications will be effective upon posting of the revised Agreement on the Site, and your access to and use of the Site and Software following the posting of the revised Agreement will constitute your acceptance of it. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
RSP reserves the right but does not assume the obligation to strictly enforce this Agreement including, without limitation, by issuing warnings, suspension or termination of service, and/or removal, screening or editing of uploaded data, self help and active investigation, litigation and prosecution in any court or appropriate venue. Any indirect or attempted violations of this Agreement by you, and actual or attempted violations by a third party on your behalf, shall be considered violations of this agreement by you.
Validity: This Agreement will be: (a) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing; (b) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (c) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
Non Waiver: RSPís failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right and shall not prevent RSP from subsequently requiring strict compliance with this Agreement.
Assignment: RSP may assign its rights and duties under this Agreement to any party at any time without notice to you.
Severability: If any provision of this Agreement shall be deemed unlawful, void, or unenforceable for any reason, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Governing Law: This Agreement is governed by the laws of England and Wales.
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