1. The Terms
1.1 Acceptance of Terms
1.2 Right to Modify Terms
The California Physical Therapy Association reserves the right to modify the terms of this Agreement at any time at its sole discretion, and may post a notice of such changes. If and when the Agreement is modified, You will be subject to the terms of the modified Agreement, and by accessing the California Physical Therapy Association Website, You agree to the terms of modified Agreement, without further notice.
1.3 Term Definitions
1.“CPTA Website” means the California Physical Therapy Association Website accessible through the URL www.ccapta.org , among other websites owned and operated by the California Physical Therapy Association.
2. “CPTA” means California Physical Therapy Association
3. “Parties” means CPTA and You, collectively.
4. “Party” means either CPTA or You.
5. “User Profile” means a profile posted by You on the CPTA Website.
6. “You,” “Your,” and/or “User” means any individuals and/or entities visiting and/or otherwise accessing the CPTA Website for any reason; said terms may be used interchangeably.
7. “Content” means all information, data, text, software, music, sound, photographs, graphics, videos, messages, tags, or other materials posted and/or otherwise displayed on, to, or at the CPTA Website.
8. “Personal Information” means, without limitation, any information that identifies or describes an individual, including his or her name, professional licensing information, physical description, age, gender, home address, home telephone number, or education. Personal Information also includes statements made by, or attributed to, a User.
9. “Licensor” or “Licensors” means the individuals who have licensed their online lecture content exclusively to CPTA.
2.1 Content Ownership
CPTA is the owner of all CPTA Content posted on or otherwise accessible at or via the CPTA Website including logos, all designs, text, graphics, pictures, and information. You will have a limited one (1) time license (without the right to sublicense) to view the Content for Your educational, non-commercial use only. Any copying, reproduction, retransmission, or republication of all, or part, of any Content found on the CPTA Website is expressly prohibited, unless CPTA has expressly granted its prior written consent to so reproduce, retransmit, or republish the Content. CPTA reserves all applicable rights in regard to the Content.
CPTA may publish or transmit via the CPTA Website any Content that is owned by third parties. CPTA’s Licensors are the owners of their respective Intellectual Property found on the CPTA Website. Any reproduction, retransmission, or republication of all or part of any document found on the CPTA Website is expressly prohibited, unless the owner of the Content has expressly granted its prior written consent to reproduce, retransmit, or republish the material.
You agree to grant to CPTA a nonexclusive, nontransferable, revocable right to use and distribute Your logos and such additional or replacement buttons, logos, characters, or designs (the "Trademarks") as CPTA may request. You further agree to provide the Trademarks in a format required by CPTA for any online or print promotions. CPTA agrees to use the Trademarks solely in conjunction with the permitted forms of use under this Agreement. Use of the Trademarks does not give CPTA any right, title, or interest in the Trademarks, other than the license rights granted herein. CPTA may not assign, transfer, or sublicense any Trademark right granted herein without Your prior written consent.
2.3 Copyright Complaints
If You believe that any Content on the CPTA Website infringes upon any copyright which You own or control, You or Your designee, acting as a “Complaining Party,” may send a notification of such claimed infringement to CPTA to firstname.lastname@example.org. Please include a description of the work that is allegedly being infringed, and where on the CPTA Website the work may be found.
2.4 Content Availability
2.4.1 Individual Course After purchasing a Course, you will have access to the Course for one (1) use. After one (1) use, Your access to the Course will end. To regain access to the Course, You will have to repurchase the Course.
2.5 Termination CPTA reserves the right to terminate, block, or restrict Your access to or use of the CPTA Website for any breach or violation of any term(s) of this Agreement, solely at the discretion of CPTA.
You are responsible for obtaining and maintaining all computer hardware and software needed to access and use the CPTA Website.
The CPTA Website is best viewed by using of one of the following browsers:
· Google Chrome 5.0 or higher
· Internet Explorer 8 or higher
· Firefox 3.5 or higher
· Safari 5.0 or higher
Screen Resolution Requirements:
The CPTA Website is best viewed with a screen resolution of 1024 x 768 pixels or higher.
To change a computer’s screen resolution on a Windows operating system:
1. Right click on the Desktop.
2. When the “Display Properties” box appears, choose “Settings.” This is where the screen resolution settings are located.
3. Change Your setting and click “OK.”
2.7 Internet Speed
We recommend Cable, Broadband Internet, or a company LAN on a T1 or higher to take full advantage of the high-quality video and multimedia that the CPTA Courses offer.
2.8 Software Requirements
In order to provide an engaging and interactive experience, our Courses use Flash technology. To watch our Courses, we require our Users to have Flash. Please visit www.adobe.com/products/flashplayer/ to download the newest version of Flash.
3. User Accounts
3.1 User Responsibility
The CPTA Website includes the option of allowing a User to create a “User Profile.” Users are wholly responsible for User Content posted, displayed, transmitted, or otherwise made available on or via User Profiles.
3.2 Accounts and Passwords
In consideration of Your use of the CPTA Website, You acknowledge that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You agree to provide accurate, current, and complete information concerning You when providing information to, signing up with, registering for use of, or otherwise providing information to the CPTA Website and maintain and promptly update the Registration Data to keep it true, current, and complete. If You provide any information that is untrue, inaccurate, not current, or incomplete, or if CPTA has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, CPTA has the right to suspend or terminate Your access to the CPTA Website and to refuse any and all current or future use of the CPTA Website, or any portion thereof.
You must have Your own password to access the CPTA Website. You are not permitted to provide others access to CPTA Courses using Your User Name and Password or another authorized User Name and Password. In the event that CPTA discovers Password sharing, we reserve the right to terminate or block Your access to the CPTA Website. You are responsible for all use of Your password(s).
3.3 Linking to CPTA
1. CPTA invites Users to link to our site. Linking to CPTA must not improperly connote an affiliation with or an endorsement by CPTA, or otherwise interfere with the operation of the CPTA Website. Any links should open in a new browser window.
2. You must not place CPTA Website pages in a “frame” within Your own website without explicit prior written permission from CPTA.
3. Although the CPTA Website may include links providing direct access to other Internet sites, CPTA assumes no responsibility for the Content or information contained on such other sites, and does not exert any editorial or other control over those other sites. CPTA provides no warranties and explicitly disclaims any liability for any Content or other information provided on other sites.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE CONTENT OF THE CPTA WEBSITE (INCLUDING ALL CPTA INTELLECTUAL PROPERTY, TEXT, MATERIALS, SOFTWARE, FUNCTIONS, SERVICES, AND INFORMATION MADE AVAILABLE HEREIN OR ACCESSED BY MEANS HEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF SUITABILITY FOR A PARTICULAR PURPOSE. CPTA DOES NOT WARRANT OR GUARANTEE UNINTERRUPTED ACCESS TO THE CPTA WEBSITE, OR ANY SITE LINKED TO THE CPTA WEBSITE, OR ANY SITE LINKED TO THE CPTA WEBSITE, AND RESERVES THE RIGHT TO DISCONTINUE COURSES OR TO CHANGE THE EXPIRATION DATE AT ANY TIME.
UNDER NO CIRCUMSTANCES WILL CPTA BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CPTA WEBSITE, AND CPTA MAKES NO GUARANTEES THAT THE CONTENT WILL BE ACCURATE, CURRENT, OR ERROR-FREE.
YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM USE OF THE CPTA WEBSITE AND ANY INFORMATION ON THE CPTA WEBSITE. CPTA MAKES NO GUARANTEES ABOUT THE SUITABILITY OF ANY INFORMATION AND ITS SERVICES FOR ANY PURPOSE WHATSOEVER.
THE INFORMATION AND CONTENT PROVIDED IN THIS COURSE ARE FOR INFORMATIONAL PURPOSES ONLY. CPTA MAKES NO WARRANTIES REGARDING, AND BEARS NO LIABILITY FOR, YOUR USE OF THE INFORMATION AND CONTENT. NEITHER CPTA NOR THE INSTRUCTOR ASSUMES ANY RESPONSIBILITY FOR ANY LOSS OR INJURY AND/OR DAMAGE TO PERSONS OR PROPERTY ARISING OUT OF THE USE OF THE MATERIAL CONTAINED IN OR RELATED TO THE ONLINE COURSE. IT IS THE RESPONSIBILITY OF THE TREATING PRACTITIONER, RELYING ON INDEPENDENT EXPERTISE AND KNOWLEDGE OF THE PATIENT, TO DETERMINE THE BEST TREATMENT AND METHOD OF APPLICATION FOR THE PATIENT.
The Information and content provided in this reference library are for informational purposes only. CPTA makes no warranties regarding, and bears no liability for, your use of the information and content. CPTA does not assume any responsibility for any loss or injury and/or damage to persons or property arising out of the use of the material contained in or related to the content. It is the responsibility of the treating practitioner, relying on independent expertise and knowledge of the patient, to determine the best treatment and method of application for the patient.
5. Limitation of Liability
IN NO EVENT SHALL CPTA, ITS MEMBERS, OFFICERS, AFFILIATES, AGENTS, LICENSORS, EMPLOYEES, OR INTERNET SERVICE PROVIDER(S) (COLLECTIVELY, “REPRESENTATIVES”) BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION LOST REVENUE, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATION SHALL APPLY EVEN IF CPTAOR ITS REPRESENTATIVES HAVE BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE. CPTA’S TOTAL LIABILITY IN ANY EVENT IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID FOR USE OF THE CPTA WEBSITE, AND YOU HEREBY RELEASE MEDBRIDGE AND ITS REPRESENTATIVES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION.
6.1 Payment Method
You may purchase an individual course from CPTA. Should You choose to buy an individual Course, You expressly agree that CPTA is authorized to charge You for each specific Course You purchase. You are not required to pay a membership fee to purchase an individual Course. A valid credit card is required to subscribe to the Service or to purchase an individual Course. CPTA bills You through a secure online account for use of the Service. Your complete billing information is not stored on CPTA's servers. For Your protection, our secure payment gateway partner, Authorize.net, stores Your complete billing information.
You may purchase an individual course by check. Checks should be made payable to California Physical Therapy Association and mailed to California Physical Therapy Association, 1990 Del Paso Road, Sacramento, CA 95834.
6.2 Payment Amounts
6.2.1 Individual Course Fees Each Course is priced individually. Please refer to Course descriptions for Course fees.
6.3 Fee Changes
CPTA may change the fees and charges in effect, or add new fees and charges from time to time, but CPTA will give You advance notice of these changes by email. If You would like to use a different Payment Method, or if there is a change in a Payment Method, such as Your credit card validity or expiration date, please contact CPTA at (800) 743-2782.
7. Course Credit Policy
7.1 Individual Course Sales
CPTA is committed to providing the highest quality online education for our Users. In the event that CPTA experiences circumstances which render the coursework or learning assessments unavailable to You for a significant period of time, You may choose one (1) of the following:
1. Extending the amount of time the Course is available to You for the amount of time the Course was unavailable.
2. Receiving a replacement Course of equal value to the unavailable Course at no extra cost to You.
You agree to indemnify and hold CPTA and its Representatives harmless from any and all losses (including without limitation attorneys’ fees) resulting from any claims that may be asserted against You, You assert, or may assert, based on or relating to Your use, or the use of any individual using Your password, of the CPTA Website. You further agree to indemnify and hold CPTA and its Representatives harmless from any and all losses resulting from claims of third parties, including without limitation attorneys’ fees, that result in whole or in part from violations by You, or any individual using Your password, of any of the terms of this Agreement.
This Agreement shall be governed by the laws of the State of California. In the event that litigation results from or arises out of this Agreement or the performance thereof, both Parties agree to settle with a single arbitrator qualified by the American Arbitration Association. The Parties agree to reimburse the prevailing Party’s reasonable attorneys’ fees, arbitration costs, and all other expenses, whether or not taxable by the arbitrator as costs, in addition to any other relief to which the prevailing Party may be entitled.
10.1 Assignability This agreement is personal to You, and You may not assign this Agreement or the rights and obligations thereunder to any third party or person.
10.2 Agreement Binding on Successors The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their permitted heirs, administrators, successors, and assigns.
10.3 Waiver No waiver by either Party of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement.
10.4 Severability If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision, and such invalid term, clause, or provision shall be deemed to be severed from the Agreement.
10.5 Survivability The ownership and intellectual property rights and license provisions set forth in this Agreement, and any other provisions that by their sense and context the Parties intend to have survive, shall survive the termination of this Agreement and any obligations hereunder for any reason.