Terms and Conditions of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY GOVERN YOUR USE OF THIS WEB SITE AND SERVICE. BY USING THIS WEB SITE AND SERVICE, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS. PLEASE RECOGNIZE THAT THESE TERMS AND CONDITIONS MAY BE UPDATED BY PERFECT FIT HEALTH, LLC FROM TIME-TO-TIME.
Each user of this website and service agrees to the following:
PERFECT FIT PRO - Terms and Conditions of Use for Free Account
PERFECT FIT HEALTH, LLC reserves the right to cancel your free account at any time.
During the term of use, users may access and use available features and functions within PERFECT FIT PRO for their intended use only. Those features and functions can be modified and enhanced at the sole discretion of PERFECT FIT HEALTH, LLC.
Except for the right to access and use the available features and functions for their intended use only, no license or other right to use our sites and Content are granted to the user. Without limiting the foregoing, the user may not use any portion of PERFECT FIT PRO and Content as part of any Company web site or any Mobile application unless authorized in writing by PERFECT FIT HEALTH, LLC. The user may use these sites and system software and Content in only the forms made available by PERFECT FIT HEALTH, LLC. No license or other right are granted to use, access or disclose any software and Content or other component of source code, XML or any other form. Title to PERFECT FIT PRO and all Content (and all related intellectual property rights) will remain in PERFECT FIT HEALTH, LLC and its suppliers.
User is solely responsible for acquiring the computer system and operating system software products necessary to access PERFECT FIT PRO. PERFECT FIT HEALTH, LLC has no responsibility or liability for any defect, error or other problem with any such computer system and operating system software products.
Warranty
PERFECT FIT PRO AND CONTENT AND ALL OTHER PRODUCTS AND SERVICES ARE PROVIDED TO USER “AS IS.” PERFECT FIT HEALTH, LLC DISCLAIMS ALL WARRANTIES WITH RESPECT TO THERETO, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED AND EXCLUDED BY PERFECT FIT HEALTH, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, FREEDOM FROM INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, OR ARISING FROM USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
PERFECT FIT HEALTH will make commercially reasonable efforts to ensure that access to PERFECT FIT PRO will generally be available, but cannot guarantee uninterrupted or error free access. Interruptions of service may also result from maintenance to these sites and Content. PERFECT FIT HEALTH will not be responsible for any delay or down time.
Limitations of Liability
PERFECT FIT HEALTH, LLC WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DELAY IN FURNISHING PRODUCTS OR SERVICES.
USERS ARE SOLELY RESPONSIBLE TO THEIR PATIENTS/CLIENTS FOR SELECTING EXERCISE PROGRAMS, SUPERVISING PATIENTS/CLIENTS REGARDING PROPER USE OF THE PROGRAMS AND OBTAINING INFORMED CONSENT FROM AND ADVISING PATIENTS/CLIENTS ABOUT WHEN TO CONTACT THEIR TREATING PROVIDER REGARDING THE EXERCISE PROGRAMS.
PERFECT FIT PRO - Terms and Conditions of Use & License Agreement for Paid Account
During the term of use, Users may access and use available features and functions within PERFECT FIT PRO for their intended use only. Those features and functions can be modified and enhanced at the sole discretion of PERFECT FIT HEALTH, LLC.
User access to PERFECT FIT PRO is limited to the number of Users that have paid the applicable Subscription Fees.
(Note: Any Company may at its sole discretion increase or decrease the number of its Company Users at any time during the term of use; provided that, Company will not receive a refund of any Company User Subscription Fees terminated by Company. Additional Company Users may be established and registered at any time and shall pay the appropriate monthly or annual Subscription Fee.)
User access to PERFECT FIT PRO will be subject to compliance with the security and the user processes and procedures implemented by PERFECT FIT HEALTH, LLC from time to time during the term of use, including but not limited to PERFECT FIT HEALTH’S User Terms and conditions as PERFECT FIT HEALTH, LLC may modify from time to time. Users may not share access to PERFECT FIT PRO with any other party.
Users are solely responsible to their patients/clients for selecting exercise programs, supervising patients/clients regarding proper use of the programs and obtaining informed consent from and advising patients/clients about when to contact their treating provider regarding the exercise programs.
License Grants
Subject to the terms and conditions set forth in this Agreement, PERFECT FIT HEALTH, LLC hereby grants to each User a nonexclusive and nontransferable license to use PERFECT FIT PRO and Content in the form made available through PERFECT FIT PRO, for User internal business purposes as provided in this Agreement. No license to PERFECT FIT PRO and Content is granted to User except that expressly set forth in this Agreement. Without limiting the foregoing, the User may not use any portion of PERFECT FIT PRO and Content as part of any Company web site or any Mobile application unless authorized in writing by PERFECT FIT HEALTH, LLC. The User may use the PERFECT FIT PRO site and system software and Content in only the forms made available by PERFECT FIT HEALTH, LLC. No license or other rights are granted to use, access or disclose any PERFECT FIT PRO software and Content or other component of PERFECT FIT PRO in source code, XML or any other form. Title to PERFECT FIT PRO and all Content (and all related intellectual property rights) will remain in PERFECT FIT HEALTH, LLC and its suppliers.
User is solely responsible for acquiring the computer system and operating system software products necessary to access PERFECT FIT PRO. PERFECT FIT HEALTH, LLC has no responsibility or liability for any defect, error or other problem with any such computer system and operating system software products.
Fees and Payment
User will incur Subscription Fees (monthly or annual) during the term of this Agreement for access to PERFECT FIT PRO.
(Note: If User terminates affiliation with a facility of Company or otherwise no longer continues as a Company User, Company will notify PERFECT FIT HEALTH, LLC of the terminated Company User. Company will not receive a refund of any Company User Subscription Fees terminated by Company.)
If, and for so long as any payment from User to PERFECT FIT HEALTH, LLC hereunder will be overdue, PERFECT FIT HEALTH, LLC reserves the right to suspend or terminate service.
Warranty
PERFECT FIT PRO AND CONTENT AND ALL OTHER PRODUCTS AND SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED TO USER “AS IS.” PERFECT FIT HEALTH, LLC DISCLAIMS ALL WARRANTIES WITH RESPECT TO THERETO, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED AND EXCLUDED BY PERFECT FIT HEALTH, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, FREEDOM FROM INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, OR ARISING FROM USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
PERFECT FIT HEALTH, LLC will make commercially reasonable efforts to ensure that access to PERFECT FIT PRO will generally be available, but cannot guarantee uninterrupted or error free access. Interruptions of service may also result from maintenance to PERFECT FIT PRO and changes or enhancements to PERFECT FIT PRO and Content. PERFECT FIT HEALTH, LLC will not be responsible for any PERFECT FIT PRO delay or down time. If access to PERFECT FIT PRO is interrupted for five (5) consecutive days, User (or Company paying for User) will be entitled to a pro rata reduction in annual Subscription Fees for the period of the interruption.
Limitations of Liability
PERFECT FIT HEALTH, LLC WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DELAY IN FURNISHING PRODUCTS OR SERVICES.
Term
This License Agreement will take effect as of the Effective Date and will continue monthly or annually, as determined by billing frequency selected. User’s paid account will renew automatically unless User or the Company notifies Customer Service by email (support@perfectfithealth.com) of the decision to terminate User’s paid account, which notice must be provided at least 30 days in advance of the next renewal period.
General
This License Agreement does not make User an employee, agent or legal representative of PERFECT FIT HEALTH, LLC for any purpose whatsoever. No User is granted any right or authority to assume or to create any obligation or responsibility, express or implied, on behalf of or in the name of PERFECT FIT HEALTH, LLC.
This Agreement will be governed by, and interpreted and construed in accordance with, the laws of the State of Minnesota, excluding the United Nations Convention of the International Sale of Goods.
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, will be settled by arbitration in Minneapolis, Minnesota administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
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