Terms of use

Terms of Use

Physical Therapy Boards.Com is a test preparation company that prepares students for the National Physical Therapy Examination (NPTE). Your use of this site constitutes your agreement to the terms, conditions and notices below ("Terms of Use"). If you do not agree with these Terms of Use, please do not use this site. Physical Therapy Boards.Com reserves the right to amend, modify, add or remove portions of these Terms of Use at any time. Please check this page periodically for any modifications. Your continued use of this site following the posting of any changes will constitute your acceptance of the changes.

Copyright and Trademark Protection All materials in this site (including site layout, design, text, images, and graphics) are the property of Physical Therapy Boards.Com and are subject to national and international copyright and trademark laws. The names of actual companies and products mentioned throughout the Physical Therapy Boards.Com website may be the trademarks of their respective owners.

You may not publish, copy, display, distribute, transmit, perform, modify, create derivative works from, or sell any information, products or services obtained from this site, except as otherwise expressly permitted under applicable law or as described in these Terms of Use.

If you believe that any material on the Physical Therapy Boards.Com website infringe your copyright or trademark rights, please report it to Physical Therapy Boards.Com by following our Copyright Notice for making claims of copyright and/or trademark infringement.

Copyright Notice Notice and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the Physical Therapy Boards.Com Website should be sent ONLY to our Designated Agent.

NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEY’S FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Written notification must be submitted to the following Designated Agent:

Physical Therapy Boards.Com admin@physicaltherapyboards.com

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following: An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest; Identification of the copyrighted work (or works) that you claim has been infringed; A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the web site where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.); A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material; Your address, telephone number, and e-mail address; A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Downloading Materials You may print or download content and materials on the site for your personal, non- commercial use, provided you keep intact all copyright and other proprietary notices. You may not engage in systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without express written permission from the Physical Therapy Boards.Com. Such permission must be obtained from an attorney at Physical Therapy Boards.Com. You may not mirror on your own site the homepage or results pages of this site. Use of the content and materials on this site for any purpose not expressly permitted in these Terms of Use is prohibited.

Your Communications You may not post information or materials to this site that violate the rights of any third party or contain a virus or other harmful component. You may not use language or engage in any activity that is threatening, abusive, vulgar, discourteous or unlawful. Physical Therapy Boards.Com reserves the right to remove or edit messages or material submitted by users. You may not use this site for sale, trade or other commercial purposes.

Links To Third Party Websites Physical Therapy Boards.Com provides links to third party websites for your convenience and use. Because Physical Therapy Boards.Com has no control or dominion over such sites and resources, you acknowledge and agree that Physical Therapy Boards.Com is not responsible for the availability of such external sites or resources and does not endorse, nor is responsible or liable for, any content, advertising, products or other materials on or available from such sites or resources. Physical Therapy Boards.Com will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Disclaimer of Warranties Neither Physical Therapy Boards.Com, its affiliates, nor any third-party content providers or licensors makes any warranty whatsoever, including without limitation: that the operation of the Physical Therapy Boards.Com website will be uninterrupted or error- free; that defects will be corrected; that this site, including the server that makes it available, is free of viruses or other harmful components; as to the results that may be obtained from use of the materials on the site; or as to the accuracy, reliability, availability, suitability, quality or operation of any information, software or service provided on or accessible from the site.

THE USER WILL BE SOLELY RESPONSIBLE FOR, AND ASSUMES THE ENTIRE COST OF, ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY DAMAGE OR LOSS DUE TO CONTENT, DOWNLOADS OR ANY OTHER MATERIAL OR INFORMATION THE USER OBTAINS FROM THE PHYSICAL THERAPY BOARDS.COM WEBSITE. THE PHYSICAL THERAPY BOARDS.COM WEBSITE AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND (EXPRESS, IMPLIED AND STATUTORY), INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH PHYSICAL THERAPY BOARDS.COM DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF THE PHYSICAL THERAPY BOARDS.COM WEBSITE IS AT YOUR SOLE RISK.

Limitation of Liability UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL PHYSICAL THERAPY BOARDS.COM, ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS, OR THEIR RESPECTIVE EMPLOYEES, REPRESENTATIVES, AGENTS OR LICENSORS BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR ABSENCE OF AUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE PHYSICAL THERAPY BOARDS.COM WEBSITE, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL PHYSICAL THERAPY BOARDS.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR USE OF, OR INABILITY TO USE, THE PHYSICAL THERAPY BOARDS.COM WEBSITE, OR THE CLAIMS OF THIRD PARTIES, INCLUDING USERS, HOWEVER CAUSED, UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), EVEN IF PHYSICAL THERAPY BOARDS.COM HAS BEEN ADVISED OF (OR IF ANY PHYSICAL THERAPY BOARDS.COM EMPLOYEE OR AGENT IS AWARE OF OR SHOULD HAVE BEEN AWARE OF) THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, UNDER NO CIRCUMSTANCES AND IN NO EVENT WILL THE AGGREGATE LIABILITY OF PHYSICAL THERAPY BOARDS.COM, ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR RELATING TO USE OF, OR INABILITY TO USE, THE PHYSICAL THERAPY BOARDS.COM WEBSITE, UNDER ANY LEGAL THEORY, EXCEED THE AMOUNT PAID BY THE USER, IF ANY, TO ACCESS THE PHYSICAL THERAPY BOARDS.COM WEBSITE.

Indemnification User agrees to indemnify and hold harmless, and at Physical Therapy Boards.Com request, defend Physical Therapy Boards.Com and their respective affiliates, agents and employees from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, penalties, settlements, costs and expenses (including reasonable attorney's fees and costs - hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of, are based on, or relate to: (i) your use of the Physical Therapy Boards.Com website; or (ii) any misrepresentation of any information, representation or warranty, or breach of this Terms of Use or any other covenant or agreement.

If any third party brings a claim, lawsuit or other proceeding(s) against Physical Therapy Boards.Com based on User's conduct or use of the Physical Therapy Boards.Com website or services, User agrees to compensate Physical Therapy Boards.Com for any and all Losses in connection with any such claim, lawsuit or proceeding. Independent Investigation Physical Therapy Boards.Com reserves the right to investigate suspected violations of the terms and conditions of this Agreement whenever Physical Therapy Boards.Com becomes aware of possible violations. Such an investigation may include gathering information from User and the complaining party and reviewing materials on Physical Therapy Boards.Com' servers. During an investigation, Physical Therapy Boards.Com may remove any and all disputed material from Physical Therapy Boards.Com' servers.

Governing Law The formation, construction and interpretation of this Agreement shall in all respects be governed by and construed in accordance with the laws of the United States and the Commonwealth of Massachusetts, as such law applies to agreements between Massachusetts residents entered into and wholly performed within Massachusetts, without giving effect to any principles of conflicts of laws. This Agreement shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of this Agreement. By using this site, you hereby consent to the exclusive personal jurisdiction and venue of the State and Federal Court of the Commonwealth of Massachusetts, U.S.A. It is hereby agreed that any action at law or inequity arising under this Agreement and/or your use of the Physical Therapy Boards.Com website, shall be finally adjudicated or determined in Middlesex County, Massachusetts and the parties hereto hereby submit generally and unconditionally to the personal and exclusive jurisdiction and venue of these courts with respect to any such matter and consent to service of process by any means authorized by Massachusetts law.

Acceptance Your use of the Physical Therapy Boards.Com website constitutes acceptance of this Agreement. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and lack of signing or other form of electronic execution by the parties hereto. You agree to abide by the terms and conditions of this Agreement and any additional terms, conditions, rules or procedures imposed by Physical Therapy Boards.Com or by third party content providers in connection with third party content, software or services available on, through or in connection with Physical Therapy Boards.Com.

Amendments Physical Therapy Boards.Com reserves the right to automatically amend this Agreement at any time by posting the amended terms and conditions to this "Terms of Use" section of the Physical Therapy Boards.Com website. Such amendments will be effective when posted.

Acts of God Physical Therapy Boards.Com shall be excused from its obligations for any period to the extent that Physical Therapy Boards.Com is prevented from performing, in whole or in part, its obligations under this Agreement, as a result of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), Internet failure, equipment failure, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, foreign or domestic court order, third party non- performance (including the acts or omissions of any suppliers, agents, or subcontractors) or any other cause beyond Physical Therapy Boards.Com' reasonable control affecting production or delivery in any manner, including failure or fluctuations in electrical power, heat, light, air conditioning or telecommunications equipment or lines or other equipment, whether electronic or otherwise.

Waiver Physical Therapy Boards.Com' failure to enforce strict performance of any provision of this Terms of Use will not constitute a waiver of Physical Therapy Boards.Com' right to subsequently enforce such a provision or any other provision of this Agreement, nor will any delay or omission on the part of Physical Therapy Boards.Com to exercise or take advantage of any right or remedy that Physical Therapy Boards.Com has or may have hereunder, operate as a waiver of any right or remedy.

Severability In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such a provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.

Headings The division of this Agreement into sections and the use of headings are for convenience of reference only and shall not modify or affect the interpretation or construction of this Agreement or any provision hereof.

Merger Clause This Agreement constitutes the entire agreement between you and Physical Therapy Boards.Com concerning the subject matter contained herein and supersedes all prior or contemporaneous representations, proposals, conditions, communications and agreements, whether oral or written, between the parties relating to the subject matter herein and all past courses of dealing or industry custom. The subject matter herein may not be modified except by Physical Therapy Boards.Com.

PHYSICAL THERAPY BOARDS.COM RESERVES THE RIGHT TO CHANGE OR AMEND THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. SUCH CHANGES SHALL TAKE EFFECT UPON POSTING ON THE PHYSICAL THERAPY BOARDS.COM WEBSITE. BY USING THE PHYSICAL THERAPY BOARDS.COM WEBSITE, YOU SIGNIFY YOUR EXPLICIT CONSENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.