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DPT, LLC – TERMS OF USE USE v1.7
Effective 09/01/2015

  • Please Read the Terms of Use Carefully Before Using DPT Services;
  • Please Read the Privacy Policy Before Using Our Services;
  • Please Read the Disclaimer Policy Before Using Our Services;
  • If You Do Not Agree to These Terms of Use, Please Do Not Use Our Services.

Thank you for your interest in and use of our products and services, and the content contained therein (the “Services”). DPT®LLC (“DPT”, ʺCompanyʺ “we”, “us”, or “our”) provides these Services to you (ʺMember(s) ʺ,”you” or “your”), subject to the terms contained in this DPT® LLC Terms of Use (this “Agreement”). This Agreement is a binding legal agreement between you and the applicable DPT entity. Please read the terms and conditions of this Agreement carefully before using our Services. The Services and all data, design, text, images, graphics, including all arrangements thereof, contained therein are proprietary, confidential, and are licensed to you under this Agreement, not sold to you. By accessing or otherwise using any portion of the Services, you agree to be bound by the terms of this Agreement, the Privacy Policy and the Disclaimer Policy. If you are not willing to be bound by the terms of this Agreement, you may not access or otherwise use any portion of the Services.

  1. Ability to Use DPT®LLC Services.
    In order to accept this Agreement and to use the Services, you must be at least 18 years of age, referred to as “MINIMUM AGE”. The Services are not intended for users under the Minimum Age. You hereby affirmatively represent that

    • you are at least the Minimum Age;
    • you have all the applicable rights and authority to grant DPT® the rights granted herein; and
    • you have read, understood, and agree to be bound by this Agreement. If you are not at least the Minimum Age, or you do not agree to all the terms and conditions of this Agreement, you may not use the Services.
  2. Privacy.
    DPT®LLC Privacy Policy explains the data we collect, use, store, and process while you use and access our Services. By using our Services, you have read, understood, and agree to the terms of our Privacy Policy, and you agree that we may use such data in accordance with the terms of our privacy policy. If you have any questions regarding our privacy policy, please contact our Member Support Team.
  3. Compliance with Policies.
    While using the Services, you agree that you will comply with all posted policies, including our Privacy Policy and Disclaimer Policy, as we may update from time to time. We may suspend or stop providing you with access to the Services if you fail to comply with our posted policies.
  4. Additional Terms and Conditions.
    Some of the Services we offer may require additional terms and conditions. We will make those additional terms and conditions available to you with the relevant Services. If you use those Services, the terms and conditions that apply will become part of this Agreement between you and us.
  5. Changes in Terms.
    We may modify this Agreement from time to time. If we make material changes to the Agreement, we will notify you by email or through a message posted on the Services. You agree that such modified Agreement will be effective thirty (30) days after our notice to you, except for changes that relate to new features or for legal reasons, which will become effective immediately. Your continued use of the Services after our provision of notice to you will constitute your affirmative acceptance to the modified Agreement. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using the Services.
  6. Your License to Use the Services.
    Subject to the terms and conditions of this Agreement and your payment of any required fees (if applicable), DPT® hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sub licensable license to access the Services and otherwise view and use the Services to the extent permitted by its intended functionality, for your own individual personal, non-commercial purposes and not for the sub-license to or use by third parties. You may only access and/or use the Services through the certified applications or intended methods that DPT® make available to you.Any access or use of our Services through an application, service, or method provided by a party other than DPT®LLC is strictly prohibited, outside the scope of the license granted herein, and may subject your account to termination and other legal action. Any other use not authorized herein, or by us in writing, is strictly prohibited and a violation of this Agreement. DPT® may revoke and/or terminate the foregoing license with respect to any aspect of the Services at any time, for any or no reason.
    Restrictions. Except as otherwise specifically permitted in this Agreement, you shall not:

    • modify, download, intercept, or create any derivative works of the Services, including any translations or localization’s thereof;
    • access or use the Services through an application or means not authorized by DPT
    • copy, store, edit, change, exploit, download, prepare any derivative work of, or alter in any way any of the content made available through the Services;
    • license, sell, rent, lease, encumber, transfer, assign, distribute, disclose, post, make available, permit time sharing or simultaneous use of, or otherwise exploit the Services to or for the benefit of any third party;
    • reverse engineer, de-compile, disassemble, or otherwise attempt to derive the source code, algorithms, underlying ideas, or structure or organization of the Services;
    • remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols, or labels on the Services;
    • publish or provide any results of any Services, in whole or in part, aggregated or otherwise, to a third party without DPT’s prior written consent;
    • provide your username and password used to access the Services to any third party;
    • use any systems or means, automated or otherwise, to access, acquire, copy, scrape, harvest, or monitor any part of the Services;
    • circumvent any technological measures employed by or on behalf of DPT to protect the Services;
    • use any other technologies or initiate any other activities that may harm the Services, or the interests or property of DPT®LLC or other users of the Services; or
    • aid or encourage any third party to engage in any activity that would constitute a breach of this Agreement.
      ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
  7. Communication Preferences and Consent.
    For all users, free or purchased memberships from time to time will receive communications to the email address associated with your account. These communications may include, but are not limited to, tips, recommendations, special offers, and other account-related or transnational messages.
    Additionally, our mobile and tablet applications may, in some circumstances, offer the ability for you to receive push notifications in connection with those applications.
  8. If you would like to modify your ability to receive push notifications from our applications, you can control those settings within the settings or preferences apps of each respective device. By accepting this Agreement and using the Services, you expressly consent to the receipt of all such communications from or on behalf of DPT. You may modify your communication preferences at any time. You may not opt-out of receiving account-related or transactional communications.
    If you have provided us with your phone number, you hereby grant DPT the authorization to contact you at that number through one or more means, including but not limited to text messages (IE., SMS messages) or phone call for a purpose that may include providing you with Member Support Services.
  9. DPT® Corporate Programs
    Use of the Services in a business establishment requires a special license to a separate service. You may only use the Services for business use if you have met all of the following conditions:

    • You must contact Member Support, and agree to all applicable DPT terms and conditions, including without limitation, DPT’s applicable Privacy Policy, Disclaimer Policy and Terms of Use Agreement;
      Your right to use the DPT®LLC service may be terminated if you fail to comply with any applicable Terms or this Agreement.

    ANY BUSINESS USE OF THE SERVICES NOT SPECIFICALLY PERMITTED IN THIS SECTION IS STRICTLY PROHIBITED AND MAY RESULT IN IMMEDIATE TERMINATION OF YOUR RIGHT TO USE THE SERVICES.

  10. Content Selection and Functionality of the Service.
    We rely primarily on your selection and interaction with our Services. There are many factors that influence our ability to provide certain content and services, such as licensing restrictions and service changes. DPT reserves the right in its discretion to select, display, and perform content based on a number of different factors, including but not limited to licensing and contract restrictions and requirements, industry trends, and content cost and availability. We strive to provide you with the best possible user interface experience, providing an extensive question database for the user. However, in order to provide the Services, DPT must reserve the right to alter, change, modify, or terminate any services, content or application functionality at any time, with or without notice to you.
  11. Advertising Content.
    DPT® Services may present advertisements for or links to third party websites, products, and/or services (“Third Party Ads”). We are not responsible for the availability of these Third Party Ads, or the images, messages, or other materials contained therein. Neither DPT nor any of its affiliates will be liable for any errors in content or omissions in any Third Party Ads, nor responsible for any losses or damages of any sort incurred as a result of your participation with, use of, or reliance on the Third Party Ads, including any goods, products, or services offered by such Third Party Ads.
  12. Product Support; Feature Availability; Fraud & Abuse.
    DPT®LLC is not obligated to provide technical support under the terms of this Agreement, and provides no assurance that any specific errors or discrepancies in the Services will be corrected. DPT may alter the availability of any feature of the Services, or impose new limitations on your use of the Services, at any time with or without notice, liability, or obligation with respect to such feature or limitation. In certain circumstances, such as in the case of a security problem, we may require you to install an update in order to continue using the Services. In order to provide the best quality Services to all of our users, we monitor the Services to detect and prevent fraud and abuse. We may, in our sole discretion, terminate your account and your access to the Services should we determine it is associated with fraudulent or abusive activities as it relates to DPT. Further, we reserve the right to pursue legal action in connection with fraudulent or abusive activities.
  13. Payment, Fees, and Other Charges.
    If you elect to access any paid component of the Services, such as becoming a member, you agree to pay all fees and charges associated with that paid component on a timely basis. All such fees and charges (including any taxes as applicable) will be charged to the payment method you provided when you elected to access that paid component of the Services.
    Use of the Services may involve transmission of data through your carrier or service provider’s network. You are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or service provider in connection with, or related to your use of the our Services. DPT assumes no liability or responsibility for the payment of any charges you may incur.
  14. Intellectual Property.
    As between you and DPT, you acknowledge that DPT retains all rights, title, and interest in and to all copyrights, trademarks, trade secrets, patents, and any other proprietary rights in the Services, the software and application programming interfaces (API’s) comprising the Services, and all content therein, DPT and its logo and materials. The Services may also contain third-party trademarks, service marks, graphics, and logos. The Services are owned and/or licensed by DPT and are protected by the laws of the United States of America and its territories. You agree to prevent any unauthorized copying, use, or distribution of our Services. Except as expressly provided herein, DPT does not grant any express or implied right to you under any DPT-owned or licensed copyrights, trademarks, trade secrets, patents, or other proprietary rights.
  15. Submissions & Feedback; Your Content.
    DPT® is fortunate to have a vibrant and active user community that shares our passion for innovation, and our drive to constantly improve our Services. While our employees continually strive to develop and evaluate our own ideas, we pride ourselves on paying close attention to the feedback, comments, and suggestions we receive from our members. By submitting any ideas, feedback and/or proposals to DPT regarding the Services (“Feedback”), you expressly acknowledge and agree that:

    • DPT is not under any obligation to you, including any obligation of payment of compensation or confidentiality, with respect to the Feedback; and
    • DPT may freely use, assign, transfer, distribute, exploit, and further develop and modify the Feedback for any purpose.

    To the extent any copyright or other intellectual property ownership interest vests in you with respect to the Feedback, you hereby grant DPT a worldwide, non-exclusive, royalty-free, fully paid up, irrevocable, sub licensable, and perpetual right and license to make, use, copy, sell, distribute, otherwise exploit, and create derivative works of the Feedback. Further, you irrevocably release DPT from any and all liability and claims that may result from or are related to the rights to the Feedback.
    You hereby irrevocably waive any and all rights to seek or obtain any injunctive or other equitable or compensatory relief against DPT for its use or exploitation of Content as licensed herein, as well as any claims under “moral rights” or similar theories.

  16. Export Control and Legal Compliance.
    You represent and warrant that you are not

    • located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
    • listed on any U.S. Government list of prohibited or restricted parties.
  17. Disclaimers; Limitations of Liability.
    SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT APPLICABLE LOCAL LAW SPECIFICALLY AND EXPRESSLY PROHIBITS SUCH EXCLUSIONS OR LIMITATIONS, THOSE SUCH EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
    DPT® (INCLUDING ANY SOFTWARE AND CONTENT CONTAINED THEREIN) ARE LICENSED AND PROVIDED “AS IS” AND “AS AVAILABLE”.ANY USE OF THE SERVICES WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DPT DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.DPT MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, OR WILL NOT CONTAIN CONTENT YOU DEEM OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE, AND DPT DISCLAIMS ANY LIABILITY RELATING THERETO. DPT MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT THE USE OF OR THE RESULTS OF THE USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, BE ACCURATE, RELIABLE, CURRENT, OR THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
    SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT APPLICABLE LOCAL LAW SPECIFICALLY AND EXPRESSLY PROHIBITS SUCH EXCLUSIONS OR LIMITATIONS, THOSE SUCH EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
    DPT’s CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR USE OF THE SERVICES WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE APPLICABLE PORTION OF THE SERVICES AT ISSUE WITHIN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM.THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IN NO EVENT SHALL DPT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF DPT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
  18. Indemnification.
    You agree to defend (at our option), hold harmless, and indemnify us from and against all third party claims and all liabilities, assessments, losses, costs, or damages resulting from or arising out of (a) your alleged or actual breach of this Agreement, including your express representations and warranties; (b) your use or misuse of the Services; and (c) your alleged or actual infringement or violation of the rights of a third party, including without limitation any intellectual property rights, rights of publicity, and rights of privacy.
  19. Term and Termination.
    Subject to the terms of this section, this Agreement will remain in effect for as long as you use the Services. You may cancel your account and terminate this Agreement at any time and for any reason by following the instructions outlined in the DPT Disclaimer Policy. We may terminate this Agreement and your access to the Services at any time and for any reason by providing notice to the email address you provided us. Upon any termination of this Agreement, the rights and licenses granted to you here-under, including your ability to access and use the Services, will immediately terminate, and you shall immediately cease using any and all materials and other similar content in your possession or control that are proprietary to DPT®LLC. You agree that we will have no liability to you for any costs, losses, damages, or liabilities arising out of or related to the termination of this Agreement. Any provision of this Agreement that should, by its nature, survive termination of this Agreement will survive its termination. Such provisions include, but are not limited to the DPT Disclaimer Policy.
  20. Notices.
    We may post notices to you within the Services. We may also send you notices about products and services to the email address you provided us. You hereby consent to receive notice from us through the foregoing means, and you are deemed to have received such notices at the latest within two (2) business days from us posting or sending a notice. You are responsible for keeping your account information, including your email address, up to date. DPT assumes no liability nor any responsibility for any consequences resulting from your provision or use of outdated, incomplete, or inaccurate information in connection with the Services.
  21. Governing Law and Disputes.
    • Governing Law. This Agreement, including all claims relating to or arising hereof or breach thereof, whether sounding in contract, tort, or otherwise, will be governed and construed in accordance with the laws of the state of Virginia, excluding its choice-of-law principles.
  22. Entire Agreement.
    This Agreement constitutes the complete and exclusive agreement between you and DPT with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein.
  23. Questions Regarding this Agreement.
    If you have any questions regarding this Agreement please contact Support@dialysis-practice-test.ladesk.com before using our service.
    If you have questions concerning your account, please contact Support@dialysis-practice-test.ladesk.com.
    If you have questions concerning the Privacy Policy, including the treatment of your personal information and/or our use of cookies and other technologies, please contact us at: privacy.team@dialysis-practice-test.com .

DPT®LLC
1-888-258-5164
@dialysis-practice-test.com
http://dialysis-practice-test.com
Mailing Address:
DPT, LLC
P.O Box 4272
Midlothian, VA 23112-9998

Terms of Use

Updated on 2015-09-02T15:11:51+00:00, by DTP Admin.