Terms of Use

Please read these Terms of Use (the “Terms”) carefully before using this website. These Terms apply to all visitors or users of the website located at PTHomework.com and any mobile version of the websites or any other websites operated by My PT Goal, LLC or any of its providers that link to or adopt these Terms (collectively, the “Websites”). These Terms also apply to software applications created by or for My PT Goal, LLC that are available for various mobile devices that link to or adopt these Terms (our “Mobile Applications”). The term “Online Channels” is used in these Terms to refer to all our Websites and Mobile Applications. By using any of these Online Channels or downloading a Mobile Application, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Online Channels or download a Mobile Application.

My PT Goal, LLC (referred to as “PT Goal Entities” “we,” “us,” and “our”) reserves the right to change these Terms, in whole or in part, at our sole discretion, and to provide you with notice of such change by any reasonable means, including without limitation posting revised Terms on the Online Channels. You should always check these Terms prior to using our Online Channels. Your continued use of an Online Channel following the posting of changes to these Terms will mean that you accept those changes.

If you are a User you agree that your use of the Online Channels is subject to these Terms. A “User” is an individual or business:

a. who is 18 years of age or older; and

b. who uses the Online Channels to register and submit form "emails;"

c. that remains an active User in good standing; and

d. whose status as a User has not been terminated

1. Using The Online Channels

We own and operate the Online Channels. The contents of the Online Channels are copyrighted under United States copyright laws. We grant you limited license to access and make use of the Online Channels consistent with these Terms. No right, title or interest in our Information (defined below) is conveyed to you.

Except as stated in these Terms, none of the material on the Online Channels, including each and every web page and related images, videos, HTML code, scripts, forms, software to provide Mobile Applications or other digital assets (collectively, the “Information”) may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way. You may not:

-decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, copy, or create derivative works from the Online Channels or the Information;

-use any robot, spider, other automatic device, search engine, or manual process to monitor or copy the Online Channels or the Information without our prior written consent; use any network monitoring or discovery software to determine any of the Online Channels’ architecture, or extract information about its usage or users;

-copy, modify, reproduce, republish, distribute, display, or transmit for commercial, nonprofit, or public purposes all or any portion of the Online Channels, except to the extent authorized by us;

-use or otherwise export or re-export the Online Channels or any portion of the Online Channels, the Information or any software available on or through the Online Channels in violation of the export control laws and regulations of the United States of America.

Any unauthorized use of any of the Online Channels or the Information is prohibited.

The Work Pays Off™ and our other trademarks, trade names, service marks, logos and trade dress appearing on the Online Channels are our proprietary trademarks, are registered and/or common law trademarks, and are protected by U.S. and international laws and treaties. The use of any of our trademarks, trade names, service marks, logos or trade markings is strictly prohibited, except as expressly provided by these Terms.

Special Notice: We have a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. You may not, without our express written consent, do any of the following:

-link to any web page on any of our Online Channels for the purpose of appearing to be affiliated with or endorsed by us or to gain higher rankings in search engines;

-use any metatags or any “hidden text” utilizing our name or trademarks; or

-frame, inline link or utilize other techniques to associate or juxtapose any of our trademarks, logos, or other information with advertisements and/or other information not originating from our Online Channels.

Any unauthorized use is a violation of these Terms and terminates your limited license. In the event of a violation of these Terms, we reserve the right to seek all remedies available by law and in equity. We retain the right at our sole discretion to deny access to any one to our Online Channels at any time and for any or no reason, including, but not limited to, for violation of these Terms. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

2. Personal Information

Your submission of personal information through the Online Channels is governed by our Privacy Policy, located at www.PTHomework.com/privacy-policy and these Terms incorporated by reference. You represent and warrant that any information you provide in connection with your use of the Online Channels is true, accurate and complete, and that you maintain personally, all information submitted.

3. Your Behavior

We expect users of the Online Channels to respect the law as well as the rights and dignity of others. While using the Online Channels, you agree to comply with all applicable laws, rules, and regulations. Your use of the Online Channels is conditioned on your compliance with the rules of conduct below. Your failure to comply with these rules of conduct may result in termination of the limited license and your access to the Online Channels. You agree that you will not send, post, transmit, redistribute, upload, or promote any communications, content, or materials that:

-contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer;

-are unlawfully threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethically derogatory, or otherwise objectionable;

-contain chain letters or pyramid schemes;

-contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals, or entities;

-impersonate any person, business or entity, including our company and our employees, consultants, and agents;

-encourage conduct that would constitute a criminal offense;

-give rise to civil liability;

-otherwise violate any law; or

-in doing so, amounts to any conduct that, in our judgment, restricts, impairs, interferes, or inhibits any other user from using or enjoying the Online Channels or our related services and products.

Additionally, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use our Online Channels, and for paying all charges related to using our Online Channels.

4. Donating Through Our Online Channels

If you wish to donate through our Online Channels (each donation or other exchange is a “Transaction”), all Transactions are processed through PayPal.com and subject to the terms and conditions of PayPal, Inc. Submitting payment through PayPal, you may be asked to supply certain information about your Transaction, including without limitation your credit card number, your credit card verification or other security code, the expiration date of your credit card, and your billing address. We will treat any Transaction information you provide through our Online Channels in accordance with their Terms and Privacy Policy. You may need to verify the information you provide before your Transaction can be acknowledged or completed. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any Transaction.

We reserve the right, with or without prior notice, to:

-change product or service descriptions, images and references;

-limit the quantity or form submissions available on any product or service;

-refuse to provide any User with any product or service.

The price and availability of any product or service offered through our Online Channels are subject to change without notice, and we will not be responsible for errors, inaccuracies, or omissions in the prices or descriptions of any products or services. We have made every effort to display as accurately as possible the features of our products or services that appear on our Online Channels. The inclusion of any products or services on our Online Channels does not imply or warrant that these products or services will be available over the Internet at any particular time

5. We Serve U.S. Customers Only

We control and operate the Online Channels from our offices located in the State of Utah, United States of America. The Online Channels are not intended to subject us to the laws or jurisdiction of any state, country, or territory other than those of the United States. Unless otherwise specified, the materials made available through the Online Channels are presented solely for the purpose of providing services available in the United States. We make no representation or warranty that the Online Channels, or any products, services, or materials made available through the Online Channels, are appropriate or available for use in other locations. Those who choose to access the Online Channels from other locations do so on their own initiative, and at their own risk and are responsible for compliance with local laws, rules, and regulations, if and to the extent local laws, rules, and regulations are applicable.

6. Physical Therapy Businesses and Third Party Operations

Physical Therapy Businesses are independent third party service providers and not otherwise affiliated with us. We are not responsible or liable for the statements, acts, or omissions of any Physical Therapy Business, whether through or in connection with the Online Channels, “offline,” or otherwise. Without limiting the foregoing, we enable Physical Therapy Businesses license to operate as independent agents only. You acknowledge and agree that we have no control over, and are not responsible or liable for, any claim, statement, or other act of any kind by Physical Therapy Businesses across any and all online and offline mediums, including but not limited to personal statements, internet postings, public message boards, radio and televised transmissions, all customizable print and promotional materials, paid and non-paid advertising, and any claims that may have been communicated by a Physical Therapy Business in any way. We have not taken any steps to confirm the accuracy or reliability of any such information or other materials communicated by Physical Therapy Businesses, and we make no representations or warranties as to the accuracy or security of any communications by any Third Party or Physical Therapy Business.

7. User Submitted Emails

The Online Channels permit the submission of user-submitted emails, which may include text, comments, opinions, and links to other materials containing others’ (not shared or held) opinions, beliefs, statements, warranties, and other communications and materials (“User Emails”). You understand that such User Emails may be accessed and viewed by others, including by the general public, and, whether or not such User Emails are received, My PT Goal, LLC does not guarantee any confidentiality with respect to any User Emails. You are solely responsible for your own user submitted e-mails and the consequences of transmitting them through the Online Channels.

8. User Submitted Materials

The Online Channels permit the submission of user-submitted text, comments, suggestions, notes, links, images, and other information and materials (“User Materials”). You understand that such User Materials may be accessed and viewed by others, including by the general public, and, whether or not such User Materials are viewed, My PT Goal, LLC does not guarantee any confidentiality with respect to any User Materials. You are solely responsible for your own User Materials and the consequences of submitting them on the Online Channels.

9. Linking & Third Party Websites

Linking may be established by us to Online Channels to one or more external websites or resources operated by third parties (the “Third Party Sites”). None of these links should be deemed to imply that we endorse the Third Party Sites or their content. Unless the link is to another My PT Goal, LLC operated Website, we do not control and are not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and we will have no liability arising out of or related to Third Party Sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.

10. Disclaimer

ONLINE CHANNELS: THE ONLINE CHANNELS, THE MATERIALS, THE CONTENT, AND THE RELATED SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ANY REPRESENTATIONS OR WARRANTIES REGARDING THE ONLINE CHANNELS, THE MATERIALS, THE CONTENT AND THE RELATED SERVICES AND PRODUCTS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THOSE OF THIRD PARTY PHYSICAL THERAPY BUSINESSES OR THEIR EMPLOYEES OR AGENTS. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE ONLINE CHANNELS. ANY RELIANCE ON OR USE OF THESE MATERIALS IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATION OR WARRANTY:

-REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY THIRD PARTY PHYSICAL THERAPY BUSINESS;

-THAT THE ONLINE CHANNELS WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE ONLINE CHANNELS WILL BE UNINTERRUPTED, ERROR FREE OR SECURE;

-THAT DEFECTS OR ERRORS WILL BE CORRECTED;

-THAT USE OF THE ONLINE CHANNELS WILL PROVIDE SPECIFIC RESULTS; OR

-THE ONLINE CHANNELS OR THE SERVERS OR NETWORKS THROUGH WHICH THE ONLINE CHANNELS ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

While we try to maintain the integrity and security of the Online Channels and the servers from which the Online Channels are operated, the Online Channels may include inaccuracies, errors, or materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Online Channels. If you become aware of any unauthorized third party alteration to the Online Channels, contact us with a description of the materials at issue and the URL or location on the applicable Online Channels where these materials appear.

11. Limitation of Liability

IN NO EVENT SHALL MY PT GOAL, LLC ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, MEMBERS, MANAGERS, DIRECTORS, AGENTS OR REPRESENTATIVES (THE FOREGOING ENTITIES, COLLECTIVELY, THE “PT GOAL ENTITIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF:

-THESE TERMS;

-THE ONLINE CHANNELS;

-YOUR PARTICIPATION IN ANY REHAB OR RECOVERY PROGRAM or

-YOUR PARTICIPATION IN ANY FITNESS, EXERCISE, WORKOUT, OR PT PROGRAM;

-YOUR USE OF OR INABILITY TO USE THE ONLINE CHANNELS;

-YOUR HIRING OF SERVICES WITH ANY PHYSICAL THERAPY BUSINESS OR ANY PT OR FITNESS PROFESSIONAL; OR

-THE ACTS OR OMISSIONS OF THIRD PARTY PHYSICAL THERAPY BUSINESSES OR THEIR EMPLOYEES, IN EACH EVENT, EVEN IF THE USER, OR SUCH PARTY HAS BEEN, OR HAS NOT BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS, OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT OR CONDUCT OF ANY USER OR OTHER PARTY (INCLUDING WITHOUT LIMITATION ANY PT GOAL THIRD PARTY PHYSICAL THERAPY BUSINESS, REPRESENTATIVE, OR OTHERWISE ACTING AGENTS), OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER’S INTELLECTUAL PROPERTY, PRIVACY, OR OTHER RIGHTS. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN AGREEMENT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO THESE TERMS, THE ONLINE CHANNELS, OR YOUR USE OF OR INABILITY TO USE THE ONLINE CHANNELS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE ONLINE CHANNELS.

12. Indemnification

You will indemnify and hold the PT Goal Entities harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following (the “Claims”):

-your use of, inability to use, or activities in connection with the Online Channels;

-any violation of these Terms or any other My PT Goal, LLC terms, conditions, or policies by you or through any Account you may have with the Online Channels;

-any Transaction;

-any allegation that any submission or other materials that you make available through the Online Channels infringe or otherwise violate the intellectual property, privacy, or rights of any third party; or

-your violation of any rights of any Individual, Physical Therapy Business, or any other third party.

You agree to reimburse the PT Goal Entities on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys’ fees and court costs) as a result of any Claims.

13. Termination and Enforcement

These Terms are effective until we terminate them. You agree that we, at our sole discretion, may terminate your access and use of the Online Channels at any time and for any reason. Upon any such termination, your right to use any Form, Form Link, or complete submission of certain Forms will immediately cease. You agree that any termination of your ability to use, or otherwise submit forms through the Online Channels may be effected without prior notice, and that we may immediately deactivate or delete any Form, Form Link, and all related information and files associated therewith, and/or bar any further access or usage. You agree that we will not be liable to you or any third party for any termination of your access to the Account and Online Channels or to any such information or usage, and will not be required to make such information or usage available to you after any such termination. We reserve the right to take steps that we believe are necessary or appropriate to enforce and/or verify compliance with these Terms (including without limitation in connection with any legal process relating to your use of the Online Channels and/or a third party claim that your use of the Online Channels is unlawful or violates such third party’s rights). We reserve the full right to terminate and/or restrict any User from accessing and/or submitting forms through the Online Channels at anytime and for any reason.

14. Information or Complaints

We are located at 929 W Sunset Blvd. #21-210 St. George, UT 84770. Please feel free to contact us to resolve a complaint regarding any aspect of our service by writing to this address or sending an email to: support at daily goal setter dot com

15. Governing Law

These Terms are governed by the laws of the State of Utah, without giving effect to its conflict of laws provisions. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in St. George, Utah for any action, suit or proceeding arising out of or relating to these Terms or your use of the Online Channels, including related services or products.

16. General Information

These Terms, along with the website Privacy Policy constitute the full agreement between you and us and govern your use of the Online Channels. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, then you agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Online Channels or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

17. Miscellaneous

No agency, partnership, joint venture, or employment is created as a result of these Terms. You do not have any authority of any kind to bind us in any respect whatsoever. The failure of either party to exercise in any respect any right provided for in these Terms will not be deemed a waiver of any other rights under these Terms. We will not be liable for any failure to perform our obligations under these Terms if the failure results from any cause beyond our reasonable control, including without limitation, electronic, or communications failure or degradation. You may not assign, transfer, or sublicense these Terms without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Last Updated: June 2, 2024