Terms & Conditions of Use
Please read the following User Agreement carefully before using the Browning Butler Physical Therapy website.
Browning Butler Physical Therapy (together with any first-person plural pronouns thereof, provides this website (together with any website-related services and/or materials, the “Site”) subject to your compliance with the terms and conditions set forth in this User Agreement (the “Agreement”), which governs the relationship between Browning Butler Physical Therapy and you, the Site visitor, with respect to your use of the Site. It is important that you read carefully and understand the terms and conditions of this Agreement. At any time and at our sole discretion, Browning Butler Physical Therapy may revise, modify or otherwise update this Agreement by posting an amended version hereof on the Site. Any changes that we make to this Agreement will be effective immediately upon posting. It is your responsibility to periodically check this page for any amendments to this Agreement.
BY USING THE SITE, YOU AGREE TO BE BOUND BY TERMS AND CONDITIONS OF THIS AGREEMENT (INCLUDING ANY CHANGES, AMENDMENTS AND/OR MODIFICATIONS THERETO) AS THEY EXIST AT THE TIME OF ANY SUCH USE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE SITE.
Your useage of the Site is subject to and conditioned upon your full compliance with any and all applicable laws, rules and regulations related thereto, including, but not limited to, the following rules of conduct:
- You may not use the Site for any fraudulent or unlawful purpose.
- You may not interfere with or disrupt the operation of the Site.
- You may not transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, or other harmful code.
- You may not restrict or inhibit any other person from using the Site, including by means of hacking or defacing any portion of the Site.
- You may not interfere with or violate any other Site visitor’s or user’s right to privacy or other rights, or harvest or collect personally identifiable information about Site visitors or users, or representatives identified on the Site, without their express consent.
- You may not sell, resell, transfer, license, or exploit for any commercial purposes any use of or access to the Site or its contents.
- You may not modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site or Materials.
- You may not frame or mirror all or any portion of the Site without our prior express written authorization.
- You may not impersonate any person or entity, including, but not limited to, any Site employee, agent, or representative; falsely state or otherwise misrepresent your identity or your affiliation with any person or entity; or express or imply that we endorse any statement you make.
You acknowledge and agree that the Site (including any and all content contained therein) constitutes Browning Butler Physical Therapy intellectual property, and as such, is protected by copyright, trademark and/or other proprietary rights and laws. Except as expressly authorized herein or by separate written agreement with Browning Butler Physical Therapy, you agree not to copy, distribute, transmit, display, perform or create derivative works of the Site or any of its content. Subject to your full compliance with this Agreement and acceptance of the terms and conditions hereof, Browning Butler Physical Therapy grants to you the following limited, personal, revocable, non-transferable license (without the right to sublicense): (i) to access the Site via the Internet solely for purposes of viewing posted content and using any free services contained therein; and (ii) to print out pages of the Site for your personal, non-commercial use.
Browning Butler Physical Therapy’s trademarks, trade names and service marks include, without limitation, “Browning Butler Physical Therapy” and the Browning Butler Physical Therapy logo. All trademarks, trade names and service marks on the Site that are not owned by Browning Butler Physical Therapy are the property of their respective owners. The trademarks, trade names and service marks owned by Browning Butler Physical Therapy or its affiliates, whether registered or unregistered, may not be used in connection with any product or service in any manner that is likely to cause confusion or dilution. Nothing on the Site should be construed as granting (whether by implication, estoppel or otherwise) any right or license to use any of Browning Butler Physical Therapy’s trademarks, trade names or service marks without our express written permission.
You agree to defend, indemnify and hold harmless Browning Butler Physical Therapy, its affiliates and its licensors (and each of their respective partners, employees, representatives and agents) from and against all claims, losses, costs, damages, liabilities, and expenses (including attorney’s fees) relating to or arising from your use of the Site, including, but not limited to: (i) any violation of this Agreement; (iii) any improper or unauthorized use of the Materials by you; and/or (iv) any allegation that anything you transmit through or in connection with the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party.
ANY AND ALL MATERIALS AND/OR SERVICES ON THE SITE ARE PROVIDED TO YOU ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. BROWNING BUTLER PHYSICAL THERAPY, ITS AFFILIATES AND ITS LICENSORS HEREBY DISCLAIM ANY AND ALL WARRANTIES ARISING FROM OR RELATING TO YOUR USE OF THE SITE AND/OR RELIANCE UPON ANY INFORMATION THEREIN (E.G., ANY SEARCH RESULTS, INFORMATION OR THIRD-PARTY CONTENT), INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. Browning Butler Physical Therapy, ITS AFFILIATES AND ITS LICENSORS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, REGARDLESS OF ANY ADVANCE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE MATERIALS IS TO STOP USING THE SITE OR THE MATERIALS.
Browning Butler Physical Therapy reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Site (or any portion thereof) without notice and without liability for any resulting damages (monetary or otherwise) regardless of the foreseeability of any such damages.
Browning Butler Physical Therapy contains links to other sites. Browning Butler Physical Therapy does not control the information collection of sites that can be reached through links from Fitnessvtc.com. If you have questions about the data collection practices of linked sites, please contact those companies directly.
This Agreement is governed by and shall be construed in accordance with the laws of the State of Nevada without regard to its principles of conflicts of law. In the event of a dispute arising under or relating to this Agreement, the Site or the Materials, you agree to the exclusive jurisdiction of the federal and state courts located in the State of Nevada, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
The Site is controlled and operated on behalf of Browning Butler Physical Therapy from its servers in Las Vegas, Nevada and is not intended to subject Browning Butler Physical Therapy to the laws or jurisdiction of any state, country, or territory other than that of Nevada and of the United States of America. Browning Butler Physical Therapy does not represent or warrant that the Site, or any aspect thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site at their own risk, and are responsible for complying with local laws. We may limit the availability of the Site to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion. You agree not to transport, import, export or re-export any Site content to a national or resident of any of the following countries: (i) Balkans, Burma (Myanmar), Cuba, Iran, Liberia, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (ii) any person or entity on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, and you represent, warrant, and covenant to us that you are not located in or under the control of any such country or on any such list.
If any provision of this Agreement is found for any reason to be unlawful, void, or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. A party’s 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. This, together with any of our policies referred to herein, constitutes the entire Agreement between you and Browning Butler Physical Therapy relating to your use of the Site; this Agreement supercedes any and all prior or contemporaneous written or oral Agreements between you and Browning Butler Physical Therapy regarding the same subject matter (except other written, fully-executed contracts between you and us). Neither the course of conduct between you and us, nor trade practice, shall act to modify any provision of this Agreement. This Agreement is not assignable, transferable or sublicensable by you except with our prior written consent.
If you have any questions about this Agreement, please contact us at Browning Butler Physical Therapy.