This is a legal agreement between you (“Licensee”) and PT Helper, LLC (hereinafter “Application Provider”), the Licensor, regarding Licensee’s use of the PT-Helper APP and/or PT-Helper CONNECT App (collectively the “Licensed Applications”). By installing or using the Licensed Applications, Licensee agrees to the terms of this PT-Helper App and PT-Helper CONNECT App End User License Agreement (hereinafter “EULA”).
The Licensed Applications and Services provided therein (the “Services”) transacted through the Service are licensed, not sold, to you for use only under the terms of this license (“license”), unless a Product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to your prior acceptance of that separate license agreement. The Application Provider (or sometimes “we”, “our” or “us”) reserves all rights not expressly granted to you.
Please carefully read the terms and conditions of the license and the legal disclaimer that follows. By purchasing and/or using the Licensed Application, you agree that the following terms and conditions, as well as any legal disclaimer herein, apply to and govern your purchase, participation in, use of and all other activities specifically related to the Licensed Application and Services. If you do not agree to the terms and conditions set forth herein, then do not purchase or use the Licensed Application and Services. If you, Licensee, do not agree to the terms of this EULA, Licensee is not entitled to use the Licensed Applications and must uninstall the Licensed Applications from any and all computers, tablets, mobile or smart phones and/or devices on which it is installed.
I. Legal Disclaimer:
All information provided through the Licensed Application is provided for informational purposes only. The Licensed Application is not designed to provide immediate, emergency communication between a patient and physical therapist, doctor, emergency medical services or any other healthcare provider or individual. Although the information contained on the Licensed Application is believed to be reliable, no warranty, express or implied, is made regarding the accuracy, adequacy, completeness, legality, reliability or usefulness of any information, either isolated or in the aggregate. The information provided in the Licensed Application, or through any links to other sites, does not replace physical therapist, physician, medical professional or athletic professional care. You should not use the transmission of information through the Application or any other related Service in place of a visit, call, consultation, or other communication or service to or with any individual. Application Provider, its agents and employees are not liable for any improper or incorrect use of the information on the Licensed Application, assume no responsibility for anyone’s use or reliance on any such information, and are not liable for any damages arising in any way out of the use of the Licensed Application. Application Provider, its agents and employees are not liable or responsible for any advice, course of treatment, diagnosis or any other information obtained from or transmitted through the Licensed Application. Application Provider, its agents and employees are not liable or responsible for any failure, delay or disruption in transmission of any and all communication through the Licensed Application.
Additionally, the Application Provider, its agents and employees, are not responsible or liable for the content of any referenced or linked off-site page from the Licensed Application. Links from the Licensed Application to other sites do not constitute an endorsement from the Application Provider. These links are provided as an information service only. It is your responsibility to evaluate the content and usefulness of the information obtained from other apps or sites.
A. Grant and Scope of License. This license granted to you for the Licensed Application by Application Provider is limited to a non-transferable license to use the Licensed Application on any mobile device or tablet that you own or control and as permitted by the usage rules set forth in the App Store Terms and Conditions (the “Usage Rules”). This license does not allow you to use the Licensed Application on any mobile device or tablet that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
B. Consent to Use of Data. You agree that Application Provider may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Licensed Application. Application Provider may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
C. Termination. The license is effective until terminated by you or Application Provider. Your rights under this license will terminate automatically without notice from the Application Provider if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
D. Services, Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and your acceptance of additional terms of service.
You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk, and the Application Provider shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and the Application Provider is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from a mobile device or tablet are not available in all languages or in all countries. The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
E. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
The terms of this section shall survive any termination of this license.
F. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. The terms of this section shall survive any termination of this license.
G. Export. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these Licensed Applications for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
H. Government End Users. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
I. Governing Law. The laws of the Commonwealth of Pennsylvania, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws. In the event of a dispute arising out of or in any way relating to the Licensed Application, Services or this license, the parties agree that jurisdiction and venue shall lie in the federal or state courts situated in Allegheny County, Pennsylvania. The parties hereby irrevocably waive any objections or defenses based on lack of jurisdiction, improper venue and/or forum non-conveniens. To the extent permitted by law, the parties hereby waive the right to a jury trial in any action arising out of or in connection with the Licensed Application, Services or this license, and agree that any claims, disputes or action of any kind shall be resolved individually, without resort to any form of class action. The terms of this section shall survive any termination of this license.
J. Indemnification. You agree to indemnify and hold harmless the Application Provider, its parents, subsidiaries, members, officers, directors, managers, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to: your purchase and/or use of the Application and/or Services; any violation by you of this license; your violation of any rights of a third party; or any violation of data protection or privacy laws through your misuse of the Application or Services.
K. Enforceability. If any provision of this license shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from this license and shall not affect the validity and enforceability of any remaining provisions.
L. Miscellaneous. This license supersedes any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under this license to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy, nor shall it affect our ability to subsequently exercise that right or remedy. Any waiver of any provision in this license must be agreed by us in writing.
IV. Personal Health Information
A. For Health Care Providers.
(1) Compliance with HIPAA, the HITECH Act and Relevant Federal and State Statutes.
(a) As Application Provider may access, retain, be exposed to, or become aware of confidential health information of patients of the Health Care Provider (for the purposes of this section a “Covered Entity”) in the provision of software and/or other services through the PT-Helper CONNECT and PT-Helper applications (the “Services”), the parties specifically agree to protect the confidentiality of such information in accordance with federal and state laws and regulations, including but not limited to, information protected by the Health Insurance Portability Accountability Act (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act in Public Law 111-5 (the “HITECH Act”), and the regulations promulgated thereto (collectively the “HIPAA Regulations”), which include, as amended from time to time, (i) the privacy standards, requirements and specifications promulgated by the Secretary at 45 C.F.R. Parts 160 and 164 subparts A and E, as amended (the “Privacy Rule”), (ii) the security standards, requirements and specifications promulgated by the Secretary at 45 C.F.R. Parts 160, 162 and 164 subparts A and C, as amended (the “Security Rule”), and (iii) the breach notification standards, requirements and specifications enacted by Subtitle D of the HITECH Act, (collectively hereinafter “HIPAA Rules”).
(2) General Definitions. The following terms used in this Section shall have the same meaning as those terms in the HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information, Required by Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use.
(3) Specific Definitions.
(a) Business Associate. “Application Provider” shall generally have the same meaning as the term “business associate” at 45 CFR 160.103, and in reference to the party to this agreement, shall mean PT Helper
(b) Covered Entity. “Covered Entity” shall generally have the same meaning as the term “covered entity” at 45 CFR 160.103, and in reference to the party to this agreement, shall mean Licensee.
(c) HIPAA Rules. “HIPAA Rules” shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164.
(4) Obligations and Activities of Application Provider. Application Provider agrees to:
(a) Not use or disclose protected health information other than as permitted or required by the Agreement or as required by law;
(b) Use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 with respect to electronic protected health information, to prevent use or disclosure of protected health information other than as provided for by the Agreement;
(c) Report to Covered Entity any use or disclosure of protected health information not provided for by the Agreement of which it becomes aware, including breaches of unsecured protected health information as required at 45 CFR 164.410, and any security incident of which it becomes aware;
(d) In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure that any subcontractors that create, receive, maintain, or transmit protected health information on behalf of the Application Provider agree to the same restrictions, conditions, and requirements that apply to the Application Provider with respect to such information;
(e) Make available protected health information in a designated record set to the Covered Entity as necessary to satisfy Covered Entity’s obligations under 45 CFR 164.524;
(f) Make any amendment(s) to protected health information in a designated record set as directed or agreed to by the Covered Entity pursuant to 45 CFR 164.526, or take other measures as necessary to satisfy Covered Entity’s obligations under 45 CFR 164.526;
(g) Maintain and make available the information required to provide an accounting of disclosures to the Covered Entity or any “individual” as necessary to satisfy Covered Entity’s obligations under 45 CFR 164.528;
(h) To the extent the Application Provider is to carry out one or more of Covered Entity's obligation(s) under Subpart E of 45 CFR Part 164, comply with the requirements of Subpart E that apply to the Covered Entity in the performance of such obligation(s); and,
(i) Make its internal practices, books, and records available to the Secretary for purposes of determining compliance with the HIPAA Rules.
(5) Permitted Uses and Disclosures by Application Provider.
(a) Application Provider may only use or disclose protected health information as is specifically necessary to perform the Services;
(b) Application Provider may use or disclose protected health information as required by law;
(c) Application Provider agrees to make uses and disclosures and requests for protected health information consistent with Covered Entity’s minimum necessary policies and procedures;
(d) Application Provider may not use or disclose protected health information in a manner that would violate Subpart E of 45 CFR Part 164 if done by Covered Entity except for the specific uses and disclosures set forth below;
(e) Application Provider may use protected health information for the proper management and administration of the Application Provider or to carry out the legal responsibilities of the Application Provider;
(f) Application Provider may disclose protected health information for the proper management and administration of Application Provider or to carry out the legal responsibilities of the Application Provider, provided the disclosures are required by law, or Application Provider obtains reasonable assurances from the person to whom the information is disclosed that the information will remain confidential and used or further disclosed only as required by law or for the purposes for which it was disclosed to the person, and the person notifies Application Provider of any instances of which it is aware in which the confidentiality of the information has been breached; and,
(g) Application Provider may provide data aggregation services relating to the health care operations of the Covered Entity.
(6) Provisions for Covered Entity to Inform Application Provider of Privacy Practices and Restrictions.
(a) Covered Entity shall notify Application Provider of any limitation(s) in the notice of privacy practices of Covered Entity under 45 CFR 164.520, to the extent that such limitation may affect Application Provider’s use or disclosure of protected health information;
(b) Covered Entity shall notify Application Provider of any changes in, or revocation of, the permission by an individual to use or disclose his or her protected health information, to the extent that such changes may affect Application Provider’s use or disclosure of protected health information; and,
(c) Covered Entity shall notify Application Provider of any restriction on the use or disclosure of protected health information that Covered Entity has agreed to or is required to abide by under 45 CFR 164.522, to the extent that such restriction may affect Application Provider’s use or disclosure of protected health information.
(7) Permissible Requests by Covered Entity. Covered Entity shall not request Application Provider to use or disclose protected health information in any manner that would not be permissible under Subpart E of 45 CFR Part 164 if done by Covered Entity. Not in conflict with the foregoing, the Application Provider may use or disclose protected health information for data aggregation or management and administration and legal responsibilities of the Application Provider.
(8) Term and Termination.
(a) Term. The Term of this Agreement shall begin on the effective date, and shall continue until termination of the License Agreement.
(b) Obligations of Application Provider Upon Termination. Upon termination of this Agreement for any reason, Application Provider, with respect to protected health information received from Covered Entity, or created, maintained, or received by Application Provider on behalf of Covered Entity, shall:
(i) Retain only that protected health information which is necessary for Application Provider to continue its proper management and administration or to carry out its legal responsibilities;
(ii) Return to Covered Entity or, if agreed to by Covered Entity, destroy the remaining protected health information that the Application Provider still maintains in any form;
(iii) Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic protected health information to prevent use or disclosure of the protected health information, other than as provided for in this Section, for as long as Application Provider retains the protected health information;
(iv) Not use or disclose the protected health information retained by Application Provider other than for the purposes for which such protected health information was retained and subject to the same conditions set forth above under “Permitted Uses and Disclosures By Application Provider” which applied prior to termination; and,
(v) Return to Covered Entity or, if agreed to by Covered Entity, destroy the protected health information retained by Application Provider when it is no longer needed by Application Provider for its proper management and administration or to carry out its legal responsibilities.
(d) Survival. The obligations of Application Provider under this Section shall survive the termination of this Agreement.
(a) Regulatory References. A reference in this Agreement to a section in the HIPAA Rules means the section as in effect or as amended;
(b) Amendment. The Parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for compliance with the requirements of the HIPAA Rules and any other applicable law; and,
(c) Interpretation. Any ambiguity in this Agreement shall be interpreted to permit compliance with the HIPAA, the HTECH Act, and any and all relevant Federal and State statutes, laws, regulations, rules, requirements, standards and/or specifications.
(d) Non-Disclosure of Protected Health Information on Computers and Devices. Application Provider and Covered Entity specifically agree that Covered Entity shall be solely and legally responsible for the non-disclosure of any and all protected health information and/or the preservation of any and all other confidential information that may result from Covered Entity’s use of Application Provider’s Software via a computer or a Device, including but not limited to, Covered Entity’s loss of a computer and/or Device with access to protected health information, Covered Entity’s unilateral extraction of protected health information from Application Provider’s Software and/or Covered Entity’s unilateral disabling and/or bypassing of the Application Provider’s Software’s password protections. In addition to any and all other obligations within this agreement, Covered Entity specifically agrees to immediately, remotely wipe-out, disable and/or eliminate access to any lost or stolen computer or Device containing Application Provider’s Software and/or protected health information.
B. For Patients:
(1) The accuracy, integrity and completeness of any personal health information you enter or allow anyone on behalf of yourself or your healthcare provider to enter into our system is your responsibility, and License Provider assumes no liability for it. The services offered by the License Provider to manage your personal health data are for informational purposes only. You shall not rely on this information or the responses to them from your healthcare provider as a substitute for medical diagnosis or treatment. The use of information on the Licensed Applications is solely at your own risk.
(2) If you believe you have a medical emergency, you should immediately call 911 or your physician. If you believe you are in need of medical attention or have any questions regarding your health or a medical condition, you should promptly consult your physician, physical therapist, or other medical or athletic professional. Never disregard medical or professional advice, or delay seeking proper medical or professional advice, because of something you read or saw on the Licensed Application, or any links contained on the Licensed Application. Never rely on information contained in the Licensed Application in the place of seeking advice from an athletic trainer, your physician, or a medical or athletic professional. You should ask your physical therapist, physician, or medical or physical professional for assistance in interpreting any information contained on the Licensed Application, or to any information contained in any links from the Licensed Application. Any medical information contained in the Licensed Application should be reviewed with your physical therapist, physician, or a medical or athletic professional to determine any and all relevance to your particular condition. You should also seek advice from your physical therapist, your physician, or a medical or athletic professional when and if you apply any advice found in the Licensed Application to your individual case.
(3) Any advice contained on the Licensed Application should not be considered current, complete, or exhaustive, since medical information constantly changes. You should not rely on any information contained on the Licensed Application to recommend a course of treatment for yourself, or for any other individual. Reliance on any information provided on the Licensed Application or any links from it is solely at your own risk. You are put on notice that by use of the Licensed Application, you assume the risk and that any information contained on the Licensed Application may be offensive, inaccurate, incomplete, and/or may not suit your needs and requirements.