1. Terms of Use. Please read these Terms and Conditions of Use ("Terms and Conditions") carefully. These Terms and Conditions, including all documents referenced herein, represent the entire understanding between PTA and you regarding your use of this Site and supersede any prior statements or representations. The Site's Privacy Policy is incorporated into these Terms and Conditions by reference and is made a part hereof. Access to and use of this Site is subject to all applicable laws and regulations. To the extent that access, or use of this Site would be deemed illegal by governing law, such access or use is prohibited. BY VISITING ANY AREA ON THE SITE, OR IF YOU ARE SIGNING UP FOR AN ACCOUNT THEN BY CLICKING "I HAVE READ, UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS OF USE," YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, DO NOT CLICK ON THE BUTTON, OPEN AN ACCOUNT WITH PTA.
2. Liability Release. I recognize that each class may require some physical exertion, which may be strenuous and may cause physical injury, and I am fully aware of the risks and hazards involved. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the classes. I represent and warrant that I am physically fit and I have no medical condition that would prevent my full participation in any class. In consideration of being permitted to participate any class, I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of participating in the program. In further consideration of being permitted to participate in the a class, I knowingly, voluntarily and expressly waive any claim I may have against Physical Therapy Associates and its instructors for any injury or damages that I may sustain as a result of participating in the program. I, my heirs or legal representatives forever release, waive, discharge and covenant negligence or other acts. I have read the above release and waiver of liability and fully understand its contents. Participate at your own risk. I voluntarily agree to the terms and conditions stated above.
3. Your Account; Registration. Before you make any purchases or subscribe to any classes on the Site, you must first establish a customer account ("Account"). You are responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your Account. You agree to notify PTA immediately of any unauthorized use of your Account or password, or any other breach of security. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distribute instructions, software or tools for that purpose, then your Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the My Account button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Material, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Material, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a back up of all of your data and/or equipment, and to restrict access to your computer to avoid disclosure of such items.You also agree that PTA may, in its sole discretion and without prior notice to you, terminate your access to the Site and your Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any Material, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of the Terms and Conditions, (5) failure to pay for subscriptions or purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that PTA will not be liable to you or to any third party for termination of your access to the Site. Class credits are available for use for one year. At the one year mark (from date of sale) credits expire.
4. Cancellation Policy. Once registered for a class, a user may cancel up to 23 hours prior to the class. After this time they will be billed for the class in the form of a class “credit”. The credit/payment at this time is non-refundable.
5. Privacy; Personal Information. While PTA takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL PTA BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER PTA WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
6. Conditions of Sale and Payment Terms; Methods of Payment, Credit Card Terms and Taxes. To purchase any goods and/or services on our Site, you must be a natural person (no corporations, partnerships or other legal entities). Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience. Unless otherwise set forth on the applicable portion of the Site for particular products or services, all sales of products and services are final and all charges from those sales are nonrefundable.
7. Membership Billing:Subscription memberships are billed monthly and are renewed automatically. There is no minimum obligation, no refunds, and members may cancel anytime. Membership must be canceled prior to the renewal date in order to end membership charges.For any form of payment we offer or accept, you hereby agree to all restrictions, terms and conditions associated with such form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms and Conditions to determine your rights and liabilities as a cardholder. YOU, AND NOT PTA, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify PTA of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If PTA does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by PTA or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
8. Modifications to Prices or Billing Terms. PTA RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.