Terms of Service Agreement
Effective Date: July 1, 2018
For the purpose of clarification, the terms used in this document have exclusive meaning as defined here. “TurboPT”, “we” and/or “us” are used to define TurboPT (the company) and its affiliates and subsidiaries.
"TurboPT" is defined as any computer or mobile application, app or software under TurboPT's control, whether partial or otherwise, in connection with providing the services provided by TurboPT. TurboPT provides a platform to store health-related information to make it available to You, your employees and patients.
The terms “Service”, “Services”, “Product”, “Portal” and “Website” are used in this document to describe the “TurboPT Portal”, a website owned and operated by TurboPT.
The terms "post" and "posting" as used in this document shall mean the act of submitting, uploading, publishing, displaying, or similar action on the service.
The term “treatment facility” as used in this document refers to any place where therapy services are rendered.
The terms "You", “user” and "users" shall mean all Physical Therapy service providers (therapists, therapist assistants and office staff) who use TurboPT as practice management software, or patients who use the service as directed by the treatment facility.
"Therapy provider" or“ practitioner ” as used in this document is used to describe an entity that provides health-related services. This includes, but not limited to, therapist or therapist assistant(s) as well as office personnel/employees who use the service under the direction of a therapy provider or business entity working on behalf of a therapy provider.
“log-in credentials” , “log-on credentials” or “credentials” are used in this document to describe the websites account information used to authenticate users. This includes, but is not limited to, your username (screen name, or email address) and password. The act of “signing-in”, “signing-on” or “Logging on” describe the intent to use the service by supplying your user credentials and submitting them to our service for access.
Binding Agreement: These Terms constitute a binding agreement between You and TurboPT and its affiliates and subsidiaries ("TurboPT", "we" and/or "us"). You accept these Terms by clicking the "I agree" checkbox when You download or install TurboPT or when You agree to them using our website at www.turbopt.com (or turbopt.com), and each time You access TurboPT thereafter. You acknowledge that by using the service You effectively agree to these terms whether You are prompted to agree or not. If You do not accept these Terms, You must not use TurboPT or the TurboPT Portal.
Revisions to Terms: We may revise these Terms at any time by posting an updated version to this web page. You should visit this page periodically to review the most current Terms as You are bound by them. Your continued use of TurboPT after a change to these Terms constitutes your binding acceptance of these Terms and future revisions.
"Health-related information": means all individually identifiable health information, including demographic information and information related to an individual's physical, the provision of health care to the individual, the individual's payment for the provision of health care or any other uses that a health care provider may find necessary.
Medical Advice: TurboPT does not give medical advice under any condition. You will be solely responsible for the professional and technical services You provide your patients. In addition, we do not recommend or endorse any provider of health care or health-related products, items, or services.
Third-Party Services: TurboPT may include certain third-party software and services. Your use of such software or services may require that You enter into a separate subscription or licensing agreements with third-party vendors and suppliers. You agree to comply with and, upon request, execute such agreements as may be required for the use of such software or services. You agree to comply with any additional terms required by our third-party vendors and suppliers, as necessary, to use parts of TurboPT.
No Third-Party Access: Except as required by law and described below, You will not permit any third party to have access to TurboPT using your account. You may allow your employees to use TurboPT on your behalf in compliance with these Terms. At a later point in time, You may also allow patients to make payment for your services through TurboPT in compliance with these Terms. You are solely responsible for the use of TurboPT by your employees and patients. We have no liability for the consequences to You or your employees or patients from your or their use of TurboPT.
Responsibility for Misuse by Other Users: You acknowledge that by allowing employees and patients to access TurboPT with your account, You are responsible for ensuring such employees and patients use TurboPT for the purposes for which they are accessing it. While TurboPT has certain technical safeguards against misuse, You acknowledge it will rely to a substantial extent on your responsible use. You agree that we will not be responsible for any unlawful access to or use of TurboPT by any employee or patient to whom You gave access or log-in credentials. You agree that You are responsible for ensuring that health-related information is properly protected under applicable law.
Individuals' Consent for Data Collection and Use: You represent and warrant that You have obtained the proper consents, authorizations, and releases from individuals to the fullest extent required by applicable law before posting their health-related information to TurboPT.
Exporting Information from TurboPT: You are solely responsible for any health-related information exported or extracted from TurboPT by You, your employees or patients that You allow access from your account.
Training and Compliance: You agree to train all employees on the use of TurboPT, HIPAA or health privacy obligations, and the requirements of these Terms and ensure that they comply with such requirements.
Compulsory Information Disclosure: You will promptly notify us of any order or demand for compulsory disclosure of health-related information if the disclosure requires access to or use of TurboPT. You will cooperate fully with us in connection with any such demand.
TurboPT voluntarily complies with the requirements of the "Privacy Rule" and "Security Rule" as defined by Health Insurance Portability and Accountability Act ("HIPAA") of 1996 and the Health Information Technology for Economic and Clinical Health Act ("HITECH Act").
We may use and disclose health-related information to provide our services.
We may use de-identified health-related information as permitted by law.
Use and Disclosure: We may use and process the health-related information posted to TurboPT for the proper management, provision, and administration of TurboPT and our business as required by law. We may also disclose health-related information if required by law or we obtain reasonable assurances from the recipient that such information will be held confidentially and used or further disclosed only as required by law or for the purpose for which we disclosed it. You agree that TurboPT may use and share de-identified health-related information to the fullest extent permitted by law.
Data Transfers at Your Request: We do not transfer health-related information to third parties, other than our vendors, suppliers and as required to process patient billing. We may transfer health-related information to third parties, including health plans, health-care clearinghouse, and others. You authorize us to make such transfers upon the request of You and the users who are acting under your account. You acknowledge that when You consent to transfer the information to third parties, we have no control over how those third parties will use and disclose the information.
We will use appropriate administrative, physical, and technical safeguards to prevent use or disclosure of health-related information other than as provided for by these Terms.
Appropriate Safeguards: We will use appropriate safeguards to prevent the use or disclosure of health-related information other than as provided for by these Terms, including administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the information.
Security Incident: We will report to You any discovered use or disclosure of health-related information not provided for by these Terms, or when we determine that unauthorized access to health-related information has occurred.
Our Agents: We will ensure that any of our agents, suppliers, and vendors to whom we provide health-related information for purposes of assisting us in providing TurboPT, agrees to the same restrictions and conditions that apply to us with respect to such information, including the obligation to implement reasonable and appropriate safeguards.
Access, Amendment, and Accountings: We will facilitate your requirements under the Privacy Rule to give patients access and the ability to amend health-related information You posted to TurboPT. We may also facilitate an accounting of disclosures as required by the Privacy Rule.
Department of Health and Human Services ("HHS") Audits: We will give HHS access to our internal practices, books, and records related to the use and disclosure of health-related information for the purposes of determining your compliance with the Privacy Rule.
Termination of these Terms: At the termination of these Terms, we will provide You with a copy of the health-related information in an electronic form that is accessible through commercially available hardware and/or your TurboPT software. If feasible, we will also return or destroy all health-related information You or your employees or patients post to TurboPT. If such return or destruction is not feasible, we will continue to abide by these Terms with respect to such information and limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible. You acknowledge that segregating health-related information for removal from TurboPT may be infeasible.
Security Rule: We will comply with the provisions of the HIPAA Security Rule that are made applicable to business associates. We will notify You of the discovery of any breach of health-related information that we store and we will cooperate reasonably with You to investigate and mitigate any such breach. We will provide You with the necessary information to make any legally required notification to individuals.
If You create an account on behalf of a therapy provider, You agree You have the authority to do so and that You are binding the therapy provider.
We may take steps to verify You are a therapy provider.
You are responsible for your log-in credentials and for keeping your account information accurate.
You are responsible for any activity resulting from the use of your log-in credentials on TurboPT.
You agree that if You create an account and use TurboPT on behalf of a therapy provider, You have the necessary legal authority and capacity to do so as an authorized agent of the therapy provider such that the therapy provider will be the primary account holder. You agree that You have the authority to bind the therapy provider in legal agreements and contracts. Your agreement to these Terms also binds such therapy provider.
Owner of Account and Health-Related Information: The primary account holder (i.e., “You”) holds the legal rights to the TurboPT account and the information stored on TurboPT by your business entity. If You hold TurboPT under contract with a Therapy provider, in addition to the terms and conditions herein, You agree to provide the therapy provider all information required by law.
Accurate Account Information: You represent and warrant that the information You provide to TurboPT upon registration and at all other times will be true, accurate, current, and complete. You also represent and warrant that You will ensure that this information is kept accurate and up-to-date at all times.
Verification: You agree that we may take steps to verify your identity and credentials as a therapy provider at any time. You agree that we may use and disclose information, including "Confidential Information," about You for such purposes, including making inquiry of third parties concerning your identity and professional and practice credentials. You authorize such third parties to disclose to us such information as we may request for such purposes, and You agree to hold them and us harmless from any claim or liability arising from the request for or disclosure of such information. You agree that we may terminate your access to TurboPT at any time if we are unable at any time to determine or verify your qualifications or credentials.
Protecting Your Log-In Credentials: As a registered user, You will have log-in information, including a username and password. Your account is personal to the primary account holder, and You may not share your account and log-in information with, or allow access to your account by, any third party. As You will be responsible for all activity that occurs under your account and access credentials, You should take care to preserve the confidentiality of your username and password, and any device that You use to access TurboPT.
You agree to notify us immediately of any breach in the secrecy of your log-in information. If You have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, You agree to immediately notify TurboPT by email to support@TurboPT.com. You will be solely responsible for the losses incurred by TurboPT and others (including patients) due to any unauthorized use of your account that takes place prior to notifying TurboPT that your account has been compromised.
Communications: TurboPT may communicate with You by email, if email communications are not acceptable You must request that we provide notice of security breaches in writing. You agree to receive email messages from us at the email address You provided to us for informational and customer service related purposes.
Electronic Notices: By using TurboPT or providing Personal Information to us, You agree that we may communicate with You electronically regarding security, privacy, and administrative issues relating to your use of TurboPT. If we learn of a security system's breach, we may attempt to notify You electronically by sending an email to You. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at support@TurboPT.com.com
TurboPT owns all of the content we create, but You may use it while You use TurboPT. You cannot use our logo without our written permission.
The contents of TurboPT include designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other TurboPT content (collectively, "TurboPT Content"). All TurboPT Content and the compilation (meaning the collection, arrangement, and assembly) of all TurboPT Content are the property of TurboPT or its licensors and are protected under copyright, trademark, and other laws.
License to You: We authorize You, subject to these Terms, to access and use TurboPT and TurboPT Content solely for the use of TurboPT's services, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of TurboPT Content may violate copyright, trademark, service mark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original TurboPT Content on any copy You make of TurboPT Content.
TurboPT Marks: TurboPT, TurboPT logo, and other TurboPT logos and product and service names are or may be trademarks of TurboPT (the "TurboPT Marks"). Without our prior written permission, and except as solely enabled by any link as provided by us, You agree not to display or use in any manner TurboPT Marks.
"Confidential Information" means all confidential information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information shall include the data You post to TurboPT, not including health-related information; TurboPT Confidential Information shall include TurboPT, customer feedback, and information relating to the performance, reliability, or stability of TurboPT, operation of TurboPT, know-how, techniques, processes, ideas, algorithms, and software design and architecture; and Confidential Information of each party shall include business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.
Protection of Confidential Information: The Receiving Party shall (i) use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care), (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of these Terms, and (iii) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its and its affiliates' employees, contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.
Compelled Disclosure: The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party's Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.
You, or the people who allow You to use their content, own all of the content You create using TurboPT. However, we may use it for any purpose, including in our marketing materials. We may also modify your content to make it work better on TurboPT.
It is very important that You have permission to use other people's content or they may be able to sue You for violating their legal rights.
TurboPT Claims No Ownership: TurboPT may provide You with the ability to create, post, or share content ("Your User Content"). TurboPT claims no ownership over Your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content You post on or through TurboPT. You are responsible for protecting those rights. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
You Acquire No Ownership of Others' Content: You understand and agree that You will not obtain, as a result of your use of TurboPT, any right, title, or interest in or to such content delivered via TurboPT or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.
You Must Have Rights to the Content You Post: You represent and warrant that: (i) You own the content posted by You on or through TurboPT or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of Your User Content on or through TurboPT does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your User Content on TurboPT does not result in a breach of contract between You and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content You post on or through TurboPT.
TurboPT contains content from users and other TurboPT licensors. Except as provided within these Terms, You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through TurboPT.
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users ("User Content"). You accept that any reliance on material posted by other users, vendors, or suppliers will be at your own risk.
Prohibition of Certain User-Provided Information: Please act appropriately when You use TurboPT and do not try to sell our users anything other than Your User Content.
You are solely responsible for Your User Content on TurboPT. TurboPT does not endorse any, nor are we responsible for, User Content on TurboPT. You assume all risks associated with Your User Content, including anyone's reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third- party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
We are not liable for anything our users do when using TurboPT. We may also change TurboPT at any time and are not liable for how this may affect You. We don't guarantee the quality or accuracy of any content You view using TurboPT or other websites.
Changes to TurboPT: We may change, suspend, or discontinue any aspect of TurboPT at any time, including hours of operation or availability of TurboPT or any feature, without notice or liability.
User Disputes: We are not responsible for any disputes or disagreements between You and any third party with whom You interact using TurboPT, including payment processors and speech-to-text providers. We are also not responsible for disputes or disagreements between You and any patient with or for whom You or the patient have used TurboPT. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release TurboPT of all claims, demands, and damages in disputes among users of TurboPT. You also agree not to involve us in such disputes. Use caution and common sense when using TurboPT.
Content Accuracy: We make no representations about accuracy, reliability, completeness, or timeliness of any contents of TurboPT, including health-related information. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from third-party vendors or suppliers, such as data resulting from the speech-to-text functionality, or the quality or nature of third-party products or services obtained through TurboPT. Use TurboPT at your own risk.
We make no promises and disclaim all liability of specific results from the use of TurboPT.
Released Parties Defined: "Released Parties" include TurboPT and our affiliates, officers, employees, agents, partners, and licensors.
A. DISCLAIMER OF WARRANTIES
You use TurboPT at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT (A) YOUR USE OF TurboPT IS AT YOUR SOLE RISK, AND TurboPT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON TurboPT, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) TurboPT WILL MEET YOUR REQUIREMENTS, (ii) TurboPT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF TurboPT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON TurboPT WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF TurboPT IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
B. LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not liable for anything that happens to You that somehow may be connected to your use of TurboPT. If You use TurboPT in a way that causes us to be included in litigation, You agree to pay all of our legal fees and costs.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU OR YOUR PATIENTS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TurboPT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE TurboPT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF TurboPT; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON TurboPT; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO TurboPT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH TurboPT OR YOUR USE OF TurboPT CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any TurboPT Content or the use of TurboPT, (iii) any activity on TurboPT under your log-in credentials, or (iv) your breach of these Terms. We shall provide notice to You promptly of any such claim, suit, or proceeding.
These Terms constitute the entire agreement between You and TurboPT concerning your use of TurboPT. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless 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 remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
We are located in California, so all disputes must be resolved there. We will use arbitration to resolve any problems, and You cannot join a class action lawsuit or obtain a jury trial for any disputes You have with us related to your use of TurboPT.
These Terms and the relationship between You and TurboPT shall be governed by the laws of the state of California without regard to its conflict of law provisions. You and TurboPT agree to submit to the personal and exclusive arbitration of any disputes relating to your use of TurboPT under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in Los Angeles County in the state of California. You covenant not to sue TurboPT in any other forum.
You also acknowledge and understand with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or this Agreement: