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aPTitude

 

End User License Agreement

 

IMPORTANT-PLEASE READ CAREFULLY: This is an agreement between you and the Federation of State Boards of Physical Therapy ("FSBPT"). Please read this agreement carefully before using this Internet site, its database(s), associated software and services (collectively, the "aPTitude Services"). Your use of the aPTitude Services constitutes your acceptance of the terms of this agreement. If you are not willing to be bound by these terms, you should NOT confirm your registration and you may not access or otherwise use the aPTitude Services. By inputting your confirmation code into aPTitude and continuing to use the aPTitude Services, you acknowledge that you have read, understand and accept these terms and conditions.

 

 

This End User License Agreement, as may be modified from time to time, (the "Agreement") constitutes legally binding terms and applies to your use of the aPTitude Services. By accessing and/or using the aPTitude Services, you agree to be bound by this Agreement. You are authorized to use the aPTitude Services only if you agree to abide by all applicable laws, rules and regulations and the terms of this Agreement. In addition, in consideration for becoming a member and/or making use of the aPTitude Services, you must indicate your acceptance of this Agreement during the registration process.

 

 

The FSBPT reserves the right to modify this Agreement at any time, and each such modification shall be effective upon posting on the aPTitude Services website. All material modifications will apply prospectively only. Your continued use of the aPTitude Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement you must discontinue use of the aPTitude Services immediately.

 

 

1. Limited Nonexclusive License. The FSBPT grants to you, and you accept, a nonexclusive, nontransferable license to use the aPTitude Services. You agree that you will not (a) assign, sublicense, transfer, give, disclose, pledge, lease, rent or share any portion of the aPTitude Services or your rights under this Agreement; (b) modify or prepare derivative works of the aPTitude Services; or (c) use the aPTitude Services in a competing business.

 

 

2. FSBPT's Rights. You acknowledge and agree that the aPTitude Services are proprietary to the FSBPT and protected under United States laws and international treaty. You further acknowledge and agree that all right, title and interest in and to the aPTitude Services, including all associated intellectual property rights in the aPTitude Services, are and shall remain with the FSBPT. This Agreement does not convey to you an interest in or to the aPTitude Services, but only a limited right to use, revocable in accordance with the terms of this Agreement.

 

 

3. Term and Termination. This Agreement becomes effective and binding when you input your confirmation code into the system. The Agreement shall then remain in full force and effect while you have an account to use the aPTitude Services. You may terminate your account at any time, for any reason. Likewise, the FSBPT may terminate your account at any time, for any reason, without prior notice or explanation, and without liability. Furthermore, the FSBPT reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to deny, restrict, suspend, or terminate your access to all or any part of the aPTitude Services at any time, for any reason, with or without prior notice or explanation, and without liability.

 

 

4. Eligibility. Use of the aPTitude Services and registration for the aPTitude Services is void where prohibited. By using the aPTitude Services, you represent and warrant that (a) all registration information you submit is truthful and accurate and (b) you will maintain the accuracy of such information. Your account may be deleted and your access terminated without warning, if the FSBPT determines that you have violated this Agreement in any way. When you create an account, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of any account other than your own at any time. Further, you agree to notify the FSBPT immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. FSBPT may periodically review and modify certain user eligibility terms and requirements.

 

 

5. Authorized Use. The aPTitude Services are for the personal use of account holders and may only be used for commercial purposes upon prior specific authorization by the FSBPT. The FSBPT reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of aPTitude Services, including, without limitation, collecting usernames, user id numbers, and/or email addresses of members by electronic or other means for the purposes of sending unsolicited email or unauthorized framing of or linking to the aPTitude Services is prohibited.

  
 

6. The aPTitude services allow for the posting of comments, for others to read, relating to the content, relevance, quality, value and other aspects of the continuing competence and continuing education services, courses and other activities posted by providers of such services, courses and other activities. The FSBPT disclaims any, and shall have no duty or other responsibility (including any duty or other responsibility to monitor, investigate or verify) regarding the content, accuracy or any other aspect of user comments.

 

 

7. Proprietary Rights in content you post on the aPTitude Services. You represent and warrant that: (1) you own the content posted by you on, through or in connection with the aPTitude Services, or otherwise have the right to post such content, and (2) the posting of your content on, through or in connection with the aPTitude Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any content posted by you on or through the aPTitude Services.

 

 

8. The FSBPT has absolute discretion to delete content you post. Please choose carefully the information that you post on, through or in connection with the aPTitude Services and that you provide to other users. The FSBPT may reject, refuse to post or delete any content for any reason, including, without limitation, content that in the sole judgment of the FSBPT violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. The FSBPT, however, assumes no responsibility for monitoring the aPTitude Services for inappropriate content or conduct.

 

 

9. Content/Activity Prohibited. The following are examples of the kind of content that is unacceptable. The FSBPT reserves the right to investigate and take appropriate legal action against anyone who, in the FSBPT's sole discretion, violates this provision, including, without limitation, removing the offending Content from aPTitude Services, terminating the membership of such violators and/or reporting such content or activities to law enforcement authorities. Prohibited content includes, but is not limited to, content that in the sole discretion of the FSBPT:

a) Disparages any person, entity or the aPTitude Services;
b) Is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any groups or individual;
c) Harasses or advocates harassment of another person;
d) Exploits another person in a sexual or violent manner;
e) Contains nudity, excessive violence, or offensive subject matter or contains a link to any website that contains the same;
f) Solicits, or is designed to solicit, personal information from anyone under 18;
g) Poses or creates a privacy or security risk to any person;
h) Constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
i) Constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work;
j) Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
k) Solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
l) Involves commercial activities and/or sales without prior written consent from the FSBPT
m) Includes a photograph or video of another person that you have posted without that person's consent;
n) Modifies, copies, distributes, downloads, scrapes, or transmits in any form or by any means, in whole or in part, any content from the aPTitude Services other than your content which you legally post on, through or in connection with the aPTitude Services;
o) Interfering with, disrupting, or creating an undue burden on the FSBPT or the networks or services connected to the aPTitude Services;
p) Impersonating or attempting to impersonate the FSBPT or a FSBPT employee, administrator or moderator, another member, or person or entity.
 

 

10. Dispute Resolution. This Agreement shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located within the Commonwealth of Virginia to resolve any dispute arising out of the Agreement or the aPTitude Services.

 

 

11. Disclaimer of Warranty. The FSBPT makes no representation that any of the classes listed or otherwise made available on this service meet the licensing requirements of any particular jurisdiction and makes no representation as to the content or quality of any class. The state licensing jurisdictions are the final authority on which classes are eligible for continuing education/continuing competence credit. Furthermore, the aPTitude Services are PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND AND FSBPT DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF ORIGINALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FSBPT DOES NOT WARRANT THAT THE SERVICES OR FUNCTIONS CONTAINED IN THE APTITUDE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT ALL DEFICIENCIES, ERRORS, DEFECTS OR NONCONFORMITIES WILL BE CORRECTED OR THAT THE PRODUCT WILL MEET YOUR SPECIFIC REQUIREMENTS.

 

 

12. Your Warranty and Indemnification. You represent and warrant to the FSBPT that your use of the aPTitude Services will at all times comply with this License Agreement and all applicable law rules and regulations. You hereby agree to indemnify and hold harmless the FSBPT, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, from and against any and all loss, costs, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of the aPTitude Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any content that you post on, through or in connection with the aPTitude Services. You shall cooperate fully in the defense of any claim. The FSBPT reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of the FSBPT.

 

 

13. Limitation of Liability. IN NO EVENT SHALL FSBPT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF FSBPT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

 

14. Other. If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect. If the FSBPT fails to enforce any of this Agreement, it will not be considered a waiver. All of the FSBPT's rights and obligations under this Agreement are freely assignable. This Agreement represents the entire agreement concerning aPTitude between you and FSBPT, and it supersedes any prior proposal, representation or understanding between the parties.

 

 

Please contact FSBPT at competencestaff@fsbpt.org, or 703-299-3100, and press "5", with any questions regarding this Agreement.