Welcome to Plyogenix!
These terms and conditions outline the rules and regulations for the use of Plyogenix, LLC's Website, located at plyogenix.com.
These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Plyogenix, LLC (“Plyogenix,” “we,” “us,” and “our”), including the https://plyogenix.com website and any mobile application(s) (our website and mobile application(s) are referred to herein collectively as the “Site”), as well as any online movement therapy services (“Services”) available to users through the Site. The terms “you” and “your” means you, your dependents if any, and any other person accessing your Plyogenix Account.
Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the Site and Services. By using our website, you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms of Use and our Privacy Policy. If you do not agree to be bound by these terms, you are not authorized to access or use this Site or Services; promptly exit this Site.
These Terms of Use are governed by and construed in accordance with the laws of the State of Florida without giving effect to any principles of conflicts of law. Any legal action or proceeding relating to your access to, or use of, the Site or Services will be instituted in a state or federal court in Florida, and you hereby consent to the personal jurisdiction of such courts.
Binding Arbitration. These Terms of Use provide that all disputes between you and Plyogenix that in any way relate to these Terms of Use or your use of the Site will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Plyogenix.
PRIVACY PRACTICES
You agree that information provided by you in connection with the Services and Site shall be governed by the Plyogenix Privacy Policy which is hereby incorporated and made a part of this Agreement.
SERVICES PROVIDED – NO MEDICAL CARE OR ADVICE BY PLYOGENIX
The content of the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, electronic communications (as defined in Section 5.) and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Plyogenix. Plyogenix provides movement therapy information and instructive videos for general information purposes only. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Plyogenix, or in connection with any communications supported by Plyogenix, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law.
Your interactions with the Site are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither Plyogenix, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service or provide a link to the Service, shall be liable for any information or advice obtained from the Site or Service, nor any information obtained on the Site. Plyogenix does not recommend or endorse any specific tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any information received through the Site or Service is solely at your own risk and you assume full responsibility for all risks associated herewith.
Not for Emergencies
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
Plyogenix’s Site and Services are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 9-1-1 immediately.
You should seek emergency help or follow-up care when recommended by a physician or qualified healthcare provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.
AVAILABILITY OF SERVICES
You represent that you are not a person barred from enrolling for or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Accessing the Site or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.
ELIGIBILITY; SITE ACCESS, SECURITY AND RESTRICTIONS; PASSWORDS
You agree to fully, accurately, and truthfully create your Plyogenix Account (“Account”), including but not limited to your name, mailing address, phone number, email address, and password, which become your Plyogenix ID and credentials. The Plyogenix ID or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your Plyogenix ID or credentials, and for all activities that occur under such Plyogenix ID or credentials. You agree to prohibit anyone else from using your Plyogenix ID or credentials other than your eligible dependents and agree to immediately notify Plyogenix of any actual or suspected unauthorized use of your Plyogenix ID or credentials or other security concerns of which you become aware. Your access to the Site may be revoked by Plyogenix at any time with or without cause.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. Plyogenix may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
ELECTRONIC COMMUNICATIONS
When you use the Site or Services, or send e-mails, messages, text marketing, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) if any data rates apply they’re at your expense not Plyogenix, LLC (Plyogenix). (c) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Plyogenix may contact you by telephone, text marketing, mail, or email to verify your Account information. Plyogenix may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested.
MINORS
Plyogenix.com is intended for users who are at least 18 years of age. Minors under the age of 18 are not permitted to use or access our Site. We do not knowingly collect personal information from minors. If we become aware that we have collected personal information from a minor without parental consent, we will promptly take steps to delete that information. If you believe that we may have collected personal information from a minor, please contact us immediately.
ACCURACY OF INFORMATION; FUNCTIONALITY
Although Plyogenix attempts to ensure the integrity and accuracy of the Site and Service descriptions, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site, Service descriptions and other content on the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Plyogenix so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Plyogenix shall have no responsibility or liability for information or content posted to the Site from any non-Plyogenix affiliated third party.Plyogenix reserves complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Site or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention or destruction policies.
LINKS TO OTHER SITES
Plyogenix makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Plyogenix site, please understand that it is independent from Plyogenix, and that Plyogenix has no control over the content on that website. In addition, a link to a non-Plyogenix website does not mean that Plyogenix endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
USER INFORMATION
If you submit, upload, post, or transmit any health information*, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, text marketing, mailings, or any other method of communication. You represent and warrant to Plyogenix, LLC that you have the legal right and authorization to provide all User Information to Plyogenix, LLC for use as set forth herein and required by Plyogenix, LLC.
Without limiting the generality of the foregoing, if you are a Provider (as defined below), you may not include medical history, conditions, problems, symptoms, or other personal information that would constitute “protected health information” under HIPAA, or any other health-related information regulated under any applicable state or federal laws, in or on any of the following: (a) the name of any programs or templates on the Site or Product; or (b) any custom notes or descriptions sections of a program on the Site or Product. For the avoidance of doubt, Providers are prohibited from using the names of individuals as identifiers or filenames for programs.
Plyogenix may de-identify your information such that it is no longer considered personally identifiable information. Plyogenix may disclose, aggregate, sell, or otherwise use such de-identified information to third parties for analytics, research, or other purposes.
You agree not to: (i) access the Site or use the Services in any unlawful way or for any unlawful purpose under Florida state laws and regulations; (ii) post or transmit (1) a message under a false name, or (2) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (A) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (B) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services; (v) use robots or scripts with the Site; (vi) attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to Plyogenix; (ix) alter the attribution or origin of electronic mail, messages, or postings; (x) harvest or collect personal information about any other individual who uses the Site or the Services; and (xi) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including but not limited to, such rights of third parties.
You agree to defend, indemnify, and hold harmless Plyogenix from and against all third-party claims, damages, and expenses (including, but not limited to, reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Site or any breach of this Section 9 in compliance with Florida state laws and regulations.
SUPPLEMENTAL TERMS APPLICABLE TO PROVIDERS
These supplemental terms are in addition to the other provisions of these Terms of Use and apply to Providers. In case of any conflict between these supplemental terms and any other terms, these supplemental terms shall prevail.
IF YOU ARE A LICENSED HEALTHCARE PROVIDER USING THE PLYOGENIX SITE OR PRODUCT (REFERRED TO AS "PROVIDER" OR "YOU" IN THIS SECTION), YOUR RELATIONSHIP WITH THE PATIENTS USING THE SITE OR PRODUCT IS DIRECTLY BETWEEN YOU AND THE PATIENT. THE PATIENT WILL NEVER HAVE A PHYSICIAN-PATIENT RELATIONSHIP WITH PLYOGENIX. PLYOGENIX DOES NOT PRACTICE MEDICINE OR OFFER MEDICAL SERVICES. AS STATED BELOW, PROVIDER IS SOLELY RESPONSIBLE FOR ALL AGREEMENTS, CONSENTS, NOTICES, AND OTHER INTERACTIONS WITH PATIENTS AND OTHER CONSUMERS. PROVIDER IS ALSO RESPONSIBLE FOR ALL BILLINGS AND COLLECTIONS FROM PATIENTS AND OTHER CONSUMERS, AND PLYOGENIX SHALL HAVE NO LIABILITY WHATSOEVER TO PROVIDER WITH RESPECT TO ANY AMOUNTS OWED BY ANY PATIENT OR OTHER CONSUMER TO PROVIDER.
Plyogenix does not offer any medical or legal advice or make any representations regarding any legal or medical issues associated with Provider, goods, or services offered by Provider, including compliance obligations or steps necessary to comply with any state or federal laws and regulations. Provider should seek legal counsel regarding any legal and compliance issues and should not rely on any materials or content associated with the Product, Site, or Services in determining Provider’s compliance obligations under law. THE PLYOGENIX PRODUCT, SITE, AND THE SERVICES ARE NOT INTENDED TO SUBSTITUTE OR MODIFY YOUR PROFESSIONAL JUDGMENT IN ANY WAY.
Provider is solely responsible for its use of the Product, Site, and Services, and for providing medical services to Provider’s patients. In this regard, Provider releases Plyogenix and waives any and all potential claims against Plyogenix as a result of Provider’s use of the Product, Site, and Services, and the provision of services to Provider’s patients.
INTELLECTUAL PROPERTY
Plyogenix, LLC retains all right, title, and interest in and to the Site, the Services and any information, products, documentation, software, or other materials on the Site, 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 Plyogenix, LLC (in that case, the license provider retains all right, title, and interest therein). The information available through the Site and the Services is the property of Plyogenix, LLC. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Plyogenix, LLC's trademarks, service marks, and logos are strictly prohibited without the prior written permission of Plyogenix, LLC. The immediately foregoing sentence also applies to any third party trademarks, service marks, and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, 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 Plyogenix, LLC or the third party owner of such trademarks, service marks, or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.
Plyogenix, LLC may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.
CAN-SPAM ACT COMPLIANCE
Plyogenix, LLC is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM ACT”). Emails, text marketing, and newsletters received from us are intended to fully comply with the CAN-SPAM ACT. In the event you receive an email, voicemail and (or) text message from us which you do not believe is fully compliant with the CAN-SPAM ACT, please contact us immediately.
You shall not use or permit any of your employees, agents, or affiliates to market, promote, or solicit Plyogenix, LLC products or services in ways that would violate the CAN-SPAM ACT or any other laws. You shall not: (a) infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (“spamming”); (b) propagate computer worms or viruses; (c) use a false identity; (d) attempt to gain unauthorized entry to any site or network; or (e) infringe copyrights, trademarks, or other intellectual property rights.
DISCLAIMER OF WARRANTIES
Plyogenix does not warrant that access to or use of the Site will be uninterrupted or error-free, or that defects in the Site will be corrected. This Site, including any content or information contained within it or any site-related service, is provided “as is,” with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, and title/non-infringement. Plyogenix does not warrant the accuracy, completeness, or timeliness of the information obtained through the Site.
You assume total responsibility and risk for your use of this Site, site-related services, and linked websites. Plyogenix does not warrant that files available for download will be free of viruses, worms, Trojan horses, or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data backup and security.
Warranties relating to services offered, sold, and distributed by Plyogenix are subject to separate warranty terms and conditions, if any, provided by Plyogenix or third parties with or in connection with the applicable services. You acknowledge and understand that the use or misuse of the services obtained through our Site may result in undesirable or unexpected consequences. Plyogenix does not accept any liability for the consequences arising from the application, use, or misuse of any services contained on or made available through the Site, including any injury or damage to any person or property as a matter of negligence or otherwise.
LIMITATION OF LIABILITY REGARDING USE OF SITE
Except as provided by law, and without limitation:
Plyogenix and any third parties mentioned on this Site are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the Site, site-related services, content or information contained within the Site, or any linked website, whether based on warranty, contract, tort, or any other legal theory, and whether or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Site, site-related services, or linked websites is to stop using the Site or those services. To the extent any aspects of the foregoing limitations of liability are not enforceable, the maximum liability of Plyogenix to you with respect to your use of this Site is $500 (five hundred dollars). You hereby agree to waive, to the fullest extent permitted by law, all laws that limit the efficacy of such indemnifications or releases.
NO THIRD PARTY RIGHTS
Unless expressly stated in the Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Plyogenix and its affiliates. Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, Plyogenix and its affiliates, nor shall any provision give any third parties any right of subrogation or action over against you, Plyogenix and its affiliates.
ASSIGNMENT
You may not assign, transfer, or delegate the Terms of Use or any part thereof without Plyogenix’s prior written consent. Plyogenix may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.
FORCE MAJEURE
We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Plyogenix and any affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Site, Services or any information posted on the Site; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to Plyogenix or customer service agent; or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Site, Services, or any information on the Site, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
REVISIONS; GENERAL
Plyogenix reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. Plyogenix reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of this website after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this website so that you may be aware of any changes to these Terms. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Plyogenix and you pertaining to the subject matter hereof. In its sole discretion, Plyogenix may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site. For purposes of these Terms of Use, (a) the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; and (c) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to these Terms of Use as a whole.
PRODUCTS, CONTENTS, AND SPECIFICATIONS
All features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. “Plyogenix, LLC” is not responsible for any damage associated with products purchased.
Copyright ©2024 Plyogenix, LLC. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.