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TERMS OF USE YOUR USE OF THIS SITE, INCLUDING ANY USE OF THE SERVICES, IS CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS IN THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THIS SITE. PLEASE READ THESE TERMS OF USE CAREFULLY.
These Terms of Use (this “Agreement”) should be read carefully before using the services offered by PPR Associates, Inc., its subsidiaries and affiliates (collectively “PPR, Inc.”, “we,” “us,” and/or “our”), or accessing the websites of PPR, Inc. This Agreement sets forth the terms and conditions of the website at www.PelvicPainRelief.com/Pelivic-coaching, including any subdomain thereof (the “Site”) and governs your access and use of the Site and any publicly available content, services or products offered or provided by PPR, Inc. through the Site (collectively, “Services”). By using the Site or Services in any manner, including but not limited to visiting or browsing the Site, or participating in any programs, you agree to be bound by this Agreement, and all other operating rules, policies and procedures that may be published by PPR, Inc. from time to time on the Site, each of which is incorporated by reference and each of which may be updated by PPR, Inc. from time to time without notice to you.
CHANGES TO THESE TERMS
PPR, Inc. reserves the right, at its sole discretion, to modify or replace any of the terms of this Agreement, or change, suspend, or discontinue Services (including without limitation, the availability of any feature, database, or content) at any time and without prior notice. Such modification shall become part of this Agreement and are automatically effective once posted on the Site. You understand and agree that your continued use of the Site and Services constitutes your acknowledgement of, and agreement to, the then current Terms of Use. It is your responsibility to check the terms of this Agreement periodically for changes. This Agreement may not be orally amended. PPR, Inc. may also impose limits on certain features and the Services or restrict your access to parts or all of the Services without notice or liability. If you do not agree to all the terms of this Agreement, you are not eligible to participate in the Services or otherwise use this Site. This Agreement applies to all users of the Site or Services (in each case, a “User”).
PPR, Inc. reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, delete, improve or correct any program offers, information, content, materials and descriptions on the Site. The information, content, materials and descriptions on the Site may contain typographical errors or inaccuracies. Any dated information is published strictly as of such date of publication, and PPR, Inc. does not undertake any obligation or responsibility to update or amend any such information. PPR, Inc. may discontinue or change any product or service described in or offered on the Site at any time. PPR, Inc. further reserves the right, in its sole discretion, to suspend, block, deny or otherwise discontinue your access and use of the Site and/or Services at any time, including but not limited to, for scheduled or unscheduled maintenance, upgrades, improvements or corrections. You agree that PPR, Inc. will not be liable to you or to any third party for any such modification, suspension or discontinuance.
INFORMATION REGARDING SERVICES, PROGRAMS AND PRODUCTS PPR, Inc. offers services, programs and products to:
USER ACCOUNTS AND ELIGIBILITY In order to access the Site and the Services, you represent and warrant that you are at least eighteen (18) years of age and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to agree to this Agreement, register for the Services under your own name and to use the Services in accordance with this Agreement and abide by the obligations hereunder. PPR, Inc. may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You agree to fully, accurately and truthfully create your account, including but not limited to your name, mailing address, phone number, email and password, which become your account credentials. Your account credentials are personal to you and you are solely responsible for maintaining the confidentiality of such account credentials, and for all activities that occur under such account credentials. You agree to prohibit anyone else from using your account and account credentials and you agree to immediately notify PPR, Inc. of any actual or suspected unauthorized or fraudulent use of your account or account credentials or other security concerns of which you become aware.
To permit you to access the Services on behalf of a minor child of whom you are a parent or legal guardian, you may establish a subaccount under your name. Any such subaccount is subject to this Agreement.
In order to determine your compliance with this Agreement, we reserve the right, but not the obligation, to monitor your access to and the use of the Site and the Services. PPR, Inc. may, in its sole discretion, refuse to provide access to or use of the Site or the Services if there is any actual or potential misuse of the Site or Services, or for noncompliance with this Agreement.
Purchasers of PPR, Inc.’s continuing education and training programs offered to health and wellness practitioners may be limited to practitioners with specific credentials and /or licenses. Accordingly, PPR, Inc. reserves the right to decline to make certain of its programs and services available in its discretion. Practitioners warrant that any information provided to PPR, Inc. as part of their enrollment in a PPR, Inc. program is true and accurate at the time of enrollment and further agree to advise PPR, Inc. in the event of any material change in such information.
Once a professional registrant logs in and is given access to any pre-recorded videos, digital files, power points, mastery sheets, and or has taken and passed any (2) quizzes they are no longer eligible for a refund.
In other words, once a registrant is given access to any pre-recorded videos or digital files that are integral to the course, and passed (2) of the quizzes, they are “committed” to the remote-online course and are not eligible for refund or transfer of credit.
Individual users who purchase annual subscriptions, like The Pelvic Wellness Collective, are entitled to a refund within 7 days of the annual charge. There are no pro-rated refunds on annual subscriptions after 7 days of the charge.
USER DATA AND ACCURACY OF DATA As part of the signing up process, you are required to provide us with certain personal information, including responses to a health questionnaire or a professional experience questionnaire (the “Questionnaire”), which is intended to be used in conjunction with the Services as a method of tracking an individual User’s progress or a practitioner’s qualifications, credentials and/or licensure.. In addition, you acknowledge and agree that you are obliged to provide us with the following information:
ACCOUNT SECURITY
PPR, Inc. reserves the right at its discretion to suspend or cancel your account and password, even without receiving such notice from you, if we suspect that it is being used in an unauthorized or fraudulent manner, including but not limited to permitting another person or entity to use your account, username or password to access or use the Site or Services or post or view comments. You acknowledge and agree that you will not attempt to undermine the security or integrity of the computing systems or networks of
PPR, Inc.. Notwithstanding the above, you are responsible for monitoring your account and should promptly report any unauthorized or suspicious activity in your account to us at support@pelvicpainrelief.com.
PPR, Inc. may contact you by telephone, mail or email to verify your account information. PPR, Inc. may request further information from you and you agree to provide such further information to ensure you have not fraudulently created your account. If you do not provide this information in the manner requested within 30 days of the request, PPR, Inc. reserves the right to suspend, discontinue or deny your access to and use of the Site and the Services, until you provide the information to PPR, Inc. as requested.
ACCOUNT UPGRADES AND SELF-CARE SERVICES PROVIDED
Individual users may enroll in a variety of programs offered by PPR, Inc. from time to time and the User’s access, program elements, duration, etc. will be dependent on the terms of the program being specifically purchased.
In addition, you acknowledge and agree that any and all Services are provided in accordance with the following:
PPR, Inc. makes available self-care informational services that provide general medical and health information. These communications and resources are not comprehensive medical text and do not include all the potential information regarding the subject matter. These communications and resources are for general educational and informational purposes only, and should not be relied upon as a substitute for patient-specific advice, medical diagnosis and treatment or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by PPR, Inc. Such information is not a substitute for seeing an appropriate healthcare professional for medical treatment, emergency medical services, or urgent care. The information contained in these communications and resources is compiled from a variety of sources and may or may not be considered authored by PPR, Inc. PPR, Inc. makes no warranty as to the content of these materials or the information contained therein, or represents or warrants that any particular type of treatment is safe, appropriate or effective for you. Please use your own discretion when using the Services and we strongly recommend that you consult with a medical professional before commencing the use of the Site and Services.
THIS SITE AND OUR PROGRAMS/PRODUCTS MAY OFFER HEALTH, WELLNESS, FITNESS, AND NUTRITIONAL INFORMATION AND ARE DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE-PROFESSIONAL.
DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS, OR ADVICE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK. WE CANNOT PREDICT HOW YOU MAY REACT TO ANY PARTICULAR PRODUCT OR THERAPY, AS EVERY PERSON’S REACTION TO A PRODUCT OR THERAPY MAY BE SIGNIFICANTLY DIFFERENT FROM ANOTHER. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
HEALTH, WELLNESS, AND MEDICAL PRACTITIONERS WHO ENROLL IN PPR, INC. CONTINUING EDUCATION PROGRAMS ACKNOWLEDGE AND AGREE THAT USE OF THE METHODOLOGIES DESCRIBED AND DEMONSTRATED IN PPR, Inc. PROGRAMS ARE DONE SO WITHIN THE PRACTITIONERS’ SOLE AND EXCLUSIVE DISCRETION IN THE EXERCISE OF REASONABLE PROFESSIONAL JUDGMENT IN A CLINICAL SETTING WITH DUE REGARD TO THE SPECIFIC CONDITION AND NEEDS OF PRACTITIONERS’ PATIENT(S.).
TESTIMONIALS: You acknowledge that all testimonials as found on our Website are strictly the opinion of that person and any results such person may have achieved are solely individual in nature; your results may vary. You understand that such information is based upon personal experience and is not a substitute for obtaining professional medical advice. You should always consult your physician or another healthcare provider before changing your diet or starting an exercise program. In light of the foregoing, you understand and agree that we are not liable nor do we assume any liability for any information contained within our Website as well as your reliance on it. In no event, shall we be liable for direct, indirect, consequential, special, exemplary, or other damages related to your use of the information contained within our Website.
PROHIBITED CONDUCT: You agree that you are responsible for your own conduct while using the Services and for any consequences thereof. You agree to use the Services only for purposes that are legal, proper and in accordance with this Agreement and any applicable law, rules or regulations (including without limitation any applicable United States federal or state laws, regulations and rules, and any applicable foreign laws). Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. By way of example, and not as a limitation, you agree that you may not:
PPR OWNERSHIP OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS: PPR, Inc. retains all right, title, and interest in and to the Site, the Services and any information, content, products, documentation, software, or other information or materials available on or through the Site, including but not limited to graphics, pictures, videos, music, sounds, and underlying source files, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing, except for information on the Site licensed by PPR, Inc., and in that case, the license provider retains all right, title and interest therein (the “Content”). The information available through the Site and the Services is the property of PPR, Inc., or if licensed by PPR, Inc., the license provider.
USER RESTRICTIONS: You agree that you will not store, copy, alter, modify, publish, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any Content, any programming code or any source code used in or with the Site and the Services. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (which includes its software and documentation), create derivative works based on or in any manner commercially exploit the Services, in whole or in part. You agree that violations by you, any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections, or the terms of this Agreement will be prosecuted to the fullest extent of the law in the federal and state courts located in New York. The final decision of whether a customer is in violation of any of these policies is at the sole discretion of PPR, Inc.. Nothing contained on the Site should be construed as granting, by implication, estoppels, waiver or otherwise, any license or right to use any trademarks, service marks or logos displayed on the Site without the written grant thereof by PPR, Inc. or the third party owner of such trademarks, service marks and logos. The Site may contain other proprietary notices and copyright information, the terms of which you must and agree to follow.
PPR USE OF ACCOUNT INFORMATION
PPR, Inc. may, at its sole discretion and to the extent permitted by law, access, read, preserve and disclose your account information, usage history and submitted Content in order to: (a) comply with any applicable law, regulation, legal process, or governmental request; (b) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (c) enforce this Agreement and investigate potential violations thereof; (d) detect, prevent, or otherwise address fraud, security, or technical issues; (e) respond to your requests for customer service; or (f) protect the rights, property, or personal safety of PPR, Inc., its users, or the public.
INTELLECTUAL PROPERTY RIGHTS: Our Limited License to You.
This Site and all the materials and program offerings available on the Site, including our trademarks, names, logos, and all related names, designs, marks and slogans, are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.
The Site and our programs are provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Use or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non- commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos, videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to PPR, Inc. from their creation. Thus, PPR, Inc. shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as PPR, Inc. determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to AR all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that PPR, Inc. has the right but not the obligation to use and display any postings or contributions of any kind and that PPR, Inc. may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
USE OF LINKS AND THIRD-PARTY CONTENT AND PIXELS: Notwithstanding anything else in this policy, we and/or our partners may use pixels and pixel tags, and place, read or use cookies the collected information from your device and/or Internet browser. These cookies do not contain personally identifiable information, however, it may be possible for our third-party business partners to combine it with other information in order to identify your email address or other personally identifiable information about you. For example, the cookies may reflect de-identified demographic or other data linked to data you voluntarily have submitted to us, e.g., your email address, which we may share with a data provider solely in a hashed, encrypted, non-human readable form. By using our Service, you agree that we and our third-party partners may store, sell, port, combine with other data, monetize, utilize, and otherwise use either (i) the personally indefinable information about you that we share with them, or (ii) the personally identifiable information they discover and/or identify as described above. Visitors can also express their choices for display advertising, through the following platforms: Digital Advertising Alliance opt-out platform or the Network Advertising Initiative opt-out platform. We and/or our partners may also use cookies for delivering personalized advertising emails. These cookies are used to identify the visitors of our advertisers’ websites and send personalized emails based on the visitors’ browsing experience. We and/or our partners use cookies, pixels, and other tracking technology to associate certain Internet-related information about you, such as your Internet Protocol address and what Web browser you are using, with certain of your online behaviors, such as opening emails or browsing websites. Such information is used to customize ads or content and may be shared with our partners.
Other websites may contain links leading back to the Site and certain portions of the Site may contain third party content and may provide links to websites, resources on the Internet, and content of third parties (collectively “Third Party Content”). When you access third-party websites, you do so at your own risk. These other websites and their content are not under PPR, Inc.’s control, and you acknowledge and agree that PPR, Inc. is not responsible or liable, directly or indirectly, in any way whatsoever, for (i) any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any information, goods or services available on or through any such website or resource, and (ii) your use or reliance upon any Third Party Content, or any related functions, accuracy, legality, appropriateness or any other aspect of such websites or resources.
The inclusion of any such link does not imply an affiliation, sponsorship, or endorsement by PPR, Inc. or any association with its operators. PPR, Inc. does not control, endorse, investigate, or adopt any Third Party Content, and makes no representations or warranties of any kind regarding the Third Party Content, including with respect to its accuracy or completeness. PPR, Inc. does not warrant that such third-party websites shall be free of any viruses, Trojans, or other harmful code. You should also be aware that the terms and conditions and privacy policy of such sites may be different from those applicable to your use of the Site and Services.
ELECTRONIC TRANSACTIONS AND DISCLOSURES: Because PPR, Inc. operates only on the Internet, it is necessary for you to consent to transact business with us online and electronically. By registering as a User on the Site, you consent to transact business with us online and electronically, provided that such transactions are permitted under applicable law in the jurisdiction where you reside. Your consent will remain in effect for so long as you are a User.
USER DISPUTES: You are solely responsible for your interactions with other Users, whether through the use of the Site, the Services or a third-party website. PPR, Inc. reserves the right, but has no obligation, to monitor any comments, posts or disputes between you and other Users as it relates to the Site and Services.
TERMINATION: PPR, Inc. prefers to advise you if it feels that you are not complying with these Terms of Use or if we think that you are creating problems or acting inconsistently with the letter or spirit of our policies. However, certain violations of these Terms, as determined by PPR, Inc. may result in immediate termination of your access to all or any part of the Site and Service. If you wish to terminate your account, you may do so by following the instructions on the Site. All provisions of this Agreement shall survive termination, including, without limitation, ownership provisions, disclaimers, confidentiality, indemnity, and limitations of liability.
DISCLAIMERS MEDICAL DISCLAIMERS: PPR, Inc. does not guarantee that the Services are an appropriate course of treatment for your particular health care problem. Furthermore, PPR, Inc.’s Site and Services are not a substitute for your primary care and are solely designed to be an informative and educational method of supplementing any such care you may be receiving. If you require urgent care, you should contact your local emergency services immediately.
CONTENT DISCLAIMERS: No information found on the Site should be relied on as professional medical advice. Nothing contained on the Site should be construed, directly or indirectly, as the practice of medicine or providing medical services by PPR, Inc.. The information and the Services provided on or through the Site are intended solely as general educational material. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition, and before starting, stopping or modifying any treatment or medication. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on the Site. PPR, Inc. makes no representations or warranties as to the accuracy of the information provided on the Site and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on the Site. You assume the entire risk of loss in using the Site and Services and information contained in the Site.
GENERAL DISCLAIMERS: The site, including any content or information contained within it or any services or advice provided in connection with the services, is provided on an “as is” and “as available” basis and your use of the site and services is at your own risk. we make no representations or warranties of any kind, and we disclaim all representations and warranties, whether express or implied, statutory or otherwise, with respect to the site and the services, including, but not limited to, any warranties of merchantability, good title, fitness for a particular purpose, non-infringement and any warranties implied by any course of performance or usage of trade. we make no representations or warranties that the site or services will meet your requirements, be suitable for your use, or be uninterrupted, secure, complete, accurate, virus-free or free from error or defect. some or all of the above exclusions of implied warranties may not apply to you since some jurisdictions do not allow them to be excluded. nonetheless, you assume total responsibility and risk for your use of this site and the services.
Without limiting the generality of the foregoing, PPR, Inc. has no special relationship with or fiduciary duty to you. You acknowledge that PPR, Inc. has no control over, and no duty to take any action regarding: (i) which Users gain access to the Site; (ii) what Content you access via the Site; (iii) what effects the Content may have on you; (iv) how you may interpret or use the Content; or (v) what actions you may take as a result of having been exposed to the Content.
To the extent permitted by law, PPR, Inc. assumes no liability or responsibility for (i) your acquisition or lack thereof of Content through the Site; (ii) for any errors or omissions in the Content of the Site; (iii) any loss or damage, including any loss or damage to any User Content, financial damages or lost profits, loss of business, or personal injury or death, resulting from anyone’s use of the Site or the Services; (iv) any User Content or Third Party Content posted on or through the Site or the Services or transmitted to Users; or (v) any interactions between Users of the Site, whether online or offline. PPR, Inc. makes no representations or warranties concerning any Content contained in or accessed through the Site, and PPR, Inc. will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services.
Electronic Communication Privacy Act Notice (18 U.S.C. Sections 2701-2711): PPR, Inc. makes no guarantee of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. PPR, Inc. will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on PPR, Inc.’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Services.
SERVICE RELIABILITY AND WARRANTIES: PPR, Inc. makes no warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, 100% secure, or error-free, or that defects, if any, will be corrected. This includes loss of data resulting from delays and any service interruption caused by PPR, Inc. employees. PPR, Inc. is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers. PPR, Inc. will take all reasonable precautions to protect against the failure of its equipment and software. The User acknowledges and agrees that temporary interruptions in service may occur and that PPR, Inc. shall have no liability for any claim, cost, charge, loss, or expense arising from or relating to the use of the Services. The User acknowledges and agrees that data may be lost or corrupted in connection with the use of the Services. PPR, Inc. may perform regular back-ups of all data stored, but shall have no liability to the User in the event all data is lost or destroyed. The User acknowledges and agrees that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the Services.
INDEMNIFICATION: You shall defend, indemnify, and hold harmless PPR, Inc., its affiliates and each of its, and its affiliates employees, agents, contractors, directors, officers and representatives from any and all losses, liabilities, claims, rights, causes of action, actions and suits (no matter whether in law or in equity), demands, damages, costs, and expenses, including reasonable attorneys’ fees, that arise out of or relate to, whether directly or indirectly, (i) your use or misuse of, or access to, the Site, the Services, the Content, (ii) violation of the Agreement or of any law, (iii) infringement by you, or any third party using your account, of any intellectual property or other rights of any person or entity, (iv) any negligent or wrongful action or omission by you in the use or misuse of the Site or the Services or any information posted on the Site, including, but not limited to, privacy rights, or negligent or wrongful conduct.. PPR, Inc. reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with PPR, Inc. in asserting any available defenses. If and when PPR, Inc. is threatened with suit by a third party, PPR, Inc. may seek written assurances from you concerning your promise to indemnify it; your failure to provide those assurances may be considered by us to be a breach of the Agreement and may result in deactivation of your PPR, Inc. account.
LIMITATION OF LIABILITY EXCEPT AS PROHIBITED BY LAW, AND WITHOUT LIMITATION:
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO PPR, Inc., THE SITE AND THE SERVICES OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICES CAUSED BY YOU OR ANY PERSON USING YOUR USER NAME OR PASSWORD. PPR, Inc. DOES NOT ASSUME ANY LIABILITY ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR MISUSE OF ANY OF THE ADVICE, IDEAS, INFORMATION, INSTRUCTIONS, OR GUIDELINES ACCESSED THROUGH THE SERVICES.
IN NO EVENT SHALL PPR, Inc. NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, REPRESENTATIVES, CONTENT PROVIDERS OR THE LIKE, BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (I) THE SUBSCRIPTION RATE PAID UNDER YOUR PLAN, OR (II) IN THE EVENT NO PURCHASE PRICE WAS PAID OR REQUIRED, THE LIQUIDATED SUM OF $50.00.
IN ADDITION, IN NO EVENT SHALL PPR, Inc., NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, REPRESENTATIVES, CONTENT PROVIDERS OR THE LIKE, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SITE OR THE SERVICES OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF PPR, Inc. IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, THAT RESULT FROM (I) ANY PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS, LOSS OF USE, INTERRUPTION OF SERVICE, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) ANY MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATON OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, OR (III) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION).
YOU ACKNOWLEDGE AND AGREE THAT PPR, Inc.’S AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES, AND IN CIRCUMSTANCES WHERE THE FOREGOING LIMITATION IS FINALLY DETERMINED TO BE UNAVAILABLE, SHALL NOT EXCEED THE SUBSCRIPTION PRICE PAID BY YOU PRIOR TO THE FIRST OCCURRENCE OF THE SUBJECT DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
GOVERNING LAW & ARBITRATION: This Agreement (and any further rules, policies or guidelines incorporated by reference herein) shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. By agreeing to this Agreement and using the Site and the Services, you agree to submit to personal jurisdiction in New York for all purposes, and you agree to waive, to the maximum extent permitted by law, any right to a trial by jury for any matter. Unless otherwise agreed in writing by User and PPR, Inc., any dispute arising out of or relating to the Agreement, or the breach hereof, shall be finally resolved by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. If parties are unable to select an arbitrator then AAA shall select the arbitrator. Judgment on any award entered by the arbitrator may be entered in any court having jurisdiction thereof. The user agrees that it may bring claims against PPR, Inc. only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
U.S. JURISDICTION: If you are located outside of the United States, you use or access the Site and Services solely at your own risk and initiative. The Services are controlled and operated from facilities within the United States. PPR, Inc. makes no representations that the Services are appropriate or available for use in any other jurisdictions. Accessing the Services is prohibited from territories where the Content is prohibited. You acknowledge and agree that it is solely your responsibility to be aware of the applicable laws and regulations of your country of residence.
ASSIGNMENT; NO THIRD PARTY RIGHTS: This Agreement is binding upon the parties’ respective successors and assigns. The Agreement may be assigned by PPR, Inc. at any time. You shall not transfer or assign this Agreement without PPR, Inc.’s prior written consent.
Unless expressly stated in the Agreement (such as those third parties mentioned in the Indemnification and Disclaimer sections hereof), nothing herein is intended to confer any rights or remedies under this Agreement on any other persons other than you, PPR, Inc. and any of its affiliates, employees, agents, contractors, directors, officers and representatives (the “PPR, Inc. Affiliates”). Nothing in this Agreement is intended to relieve or discharge the obligation or liability of any third persons to any of you, PPR, Inc. or any PPR, Inc. Affiliates, nor shall any provision give any third persons any right of subrogation or action over or against you, PPR, Inc. or any PPR, Inc. Affiliates.
FORCE MAJEURE: Neither party will be responsible for failure to perform any obligation under this Agreement due to causes beyond the reasonable control of such party, including but not limited to strikes, lockouts, riots, epidemics, war, government regulation, fire, flood, natural disasters, Acts of God, or inadequacies of equipment, or other cause beyond the reasonable control of such party.
NOTICE: PPR, Inc. may provide notice by e-mail to the e-mail address you provided during the registration, by a general notice on the Site, or by written communication delivered by first class U. S. mail or express courier to your address on record in your account. You may give notice to PPR, Inc. at any time via electronic mail to support@pelvicpainrelief.com, by telephone at our toll-free number (877) RENEWPT, or by letter delivered by first-class postage prepaid U. S. mail or overnight courier to PPR Associates, Inc., 226 Prospect Park Ave west #161, Brooklyn, NY 11215, Attn: Customer Service.
INTEGRATION AND SEVERABILITY: This Agreement constitutes the entire agreement between you and PPR, Inc. with respect to the Services and use of the Site, and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and PPR, Inc. with respect to the Services and Site. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
