Terms of Use
HAND THERAPY RESOURCE CENTER USER AGREEMENT
Welcome to the Hand Therapy Resource Center (the “Site”). The Site is operated by the Hand Therapy Certification Commission (“HTCC”).
Please read this legal agreement carefully before using the Site. This User Agreement states the terms and conditions that govern access to and use of the Site. References to “you” mean the user and subscriber of this Site. If you do not agree with the terms and conditions contained in this User Agreement, you cannot access or use the Site. You will be legally bound to this User Agreement by __[CLICKING “I ACCEPT” or REGISTERING FOR SITE SUBSCRIPTION]__. Further, you consent to the use of electronic means to accept this User Agreement and to receive by electronic means any notices given pursuant to this User Agreement.
HTCC reserves the right to change this User Agreement at any time. Subscribers should check this page frequently for any changes that may have been made.
1. Personal Use Only. HTCC grants you a limited, revocable, non-exclusive, and nontransferable license to access and use the Site solely for your personal non-commercial use, and conditioned on your continued compliance with this User Agreement. Subscription to the Site solely belongs to you, and you are responsible for ensuring that only you access the materials contained on the Site. You are responsible for maintaining the confidentiality of your password and accounts.
2. No Guarantee of Passage of CHT Examination. A subscription to the Hand Therapy Resource Center in no way guarantees passage of the CHT examination. HTCC does not endorse, promote, or warrant the accuracy of any information provided on the Site, nor by providing this information does HTCC suggest, directly or indirectly, what study methods should be used, nor does HTCC imply that following the suggested methods will result in successful passage of the CHT examination. YOU ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, FUNCTIONALITY, AND MATERIALS AVAILABLE ON OR THROUGH OR CREATED USING THE SITE.
The Site is intended to serve as an online community with social networking capabilities for therapists studying for the CHT exam or therapists who want to increase their knowledge about hand therapy. The Site is intended to provide a forum for CHT exam candidates and therapists to interact and learn from each other. HTCC provides the Site as a service to the community for informational and educational purposes only.
Purchase of a subscription to the Hand Therapy Resource Center is not required in order to apply to sit for the CHT exam; and registration for the CHT exam is not required in order to purchase a subscription to the Hand Therapy Resource Center. You are free to purchase either item separately, and you are free to purchase an examination study product from any other supplier.
3. Content of the Site. The Site content, while representative of the type of knowledge and skills tested on the CHT exam, does not necessarily mirror the content of the CHT exam. HTCC takes no responsibility for any third party content posted on or available through the Site, including, but not limited to, content on blogs, sample exam questions, or flash cards, nor does HTCC have any obligation to monitor such third party content. HTCC reserves the right at all times to discontinue the Site, or remove or refuse to distribute any content on the Site, such as content which violates this User Agreement. HTCC also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce this User Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to subscriber support requests, or (e) protect the rights, property, or safety of the Site, its subscribers, and the public. HTCC will not be responsible or liable for the exercise or non-exercise of its rights under this User Agreement.
4. Subscription Fees and Term. You agree to pay the subscription fees set forth in this User Agreement. If you are not currently a Certified Hand Therapist, you will be charged $99 (ninety-nine U.S. dollars) for a six-month subscription. If you are a Certified Hand Therapist, you will be charged $99 (ninety-nine U.S. dollars) for a one-year subscription. If a non-CHT knowingly subscribes to the reduced priced CHT subscription level, their subscription will be revoked and their subscription fee will NOT be refunded. An automatic email will be sent to the email address on file reminding you to renew your subscription. This email will contain the date by which you may renew the subscription to avoid any interruption in accessability to the site.
5. Permitted Uses. You may use this Site only for lawful purposes within HTCC’s intended and acceptable uses of the Site, of which HTCC is the sole interpretor. Such uses include, but are not limited to, creating practice questions, reviewing practice questions posted by others, creating flash cards, reviewing flash cards posted by others, creating a study plan, reviewing study tips and blog posts, and accessing other listed sources. Your use of the Site is limited to the length of your paid subscription.
You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and disclosing personal information to other Site subscribers. You agree to take reasonable precautions in all interactions with other Site subscribers, particularly if you decide to meet a subscriber offline or in person.
6. Restricted Uses. Notwithstanding the foregoing, you shall not:
A. Share information on the Site regarding the content of the CHT exam administration after you have taken the exam;
B. Share your Site password with others or in any other way use your password as a means to circumvent the need for others to become authorized subscribers in their own name;
C. Modify, decompile, create derivative work(s) of, disassemble, retransmit, resell, distribute, compile, broadcast, sublicense, mirror, frame, rent, or otherwise use in any manner not expressly permitted herein, the Site or any of its subscriber submissions or content;
D. Create course books or educational materials using any of the Site content;
E. Use the Site to upload, transmit or otherwise distribute any content that is unlawful, infringing of intellectual property rights, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by HTCC;
F. Intentionally distribute harmful code including "spyware" or "malware" through or from the Site, or use robots or spiders or other automated device or manual process to monitor or gather any data from the Site or its users;
G. Generate or facilitate unsolicited commercial e-mail ("spam"), in violation of the CAN-SPAM Act or any other applicable anti-spam law; or create false accounts for the purpose of sending spam;
H. Interfere with the use and enjoyment of this Site by other users;
I. Impersonate any other person or entity; or
J. Use the Site in violation of applicable local, state, national, and international laws, rules, and regulations.
HTCC reserves the right, in its sole discretion and at any time, to terminate use of the Site to a subscriber that violates this User Agreement. In the event that HTCC terminates your use of the Site based on a violation of this User Agreement, you are not entitled to a refund of your subscription fee. In addition, violations of any of the foregoing may subject you to civil and criminal penalties or damages, and you may be subject to disciplinary action in accordance with the HTCC Disciplinary Policy. A violation of the Disciplinary Policy may result in denial of eligibility, revocation or suspension of certification, or refusal to renew certification. HTCC reserves the right to investigate your use of the Site in order to determine whether a violation of the User Agreement has occurred, or to comply with any applicable law, regulation, legal process, or governmental request.
7. User Representations. By accessing and using the Site, you represent that you are the authorized user and that you will, at all times, provide true, accurate, current, and complete information when submitting information or materials on this Site, including, but not limited to, when you provide information via the Site subscription registration or in connection with uploaded sample exam questions or flash cards. You further represent that you are at least eighteen (18) years old, and may be legally bound by this User Agreement. In addition, you represent that you have all necessary rights to possess and provide to HTCC the information submitted through the Site.
8. Ownership. The Site contains copyrighted material and/or other proprietary information and thus is protected by copyright laws and regulations worldwide. You shall not alter or remove any copyright symbol or other identification concerning authorship of any of the materials contained on or otherwise made available to you through the Site.
Any information submitted to the Site becomes the sole and exclusive property of HTCC. You hereby assign all rights to HTCC in the content that you submit to the Site, including, without limitation, copyrights and other proprietary rights.
This User Agreement does not grant you any right or license in any HTCC trademark, trade name, service mark, or logo.
9. Disclaimer of Warranty. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY AND ALL USE OF THE SITE IS AT YOUR SOLE RISK. HTCC MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE. HTCC DOES NOT WARRANT THAT ACCESS TO AND USE OF THE SITE WILL BE FREE FROM INTERRUPTIONS, ERRORS, INACCURACIES, OR INTERCEPTION BY HACKERS. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. HTCC, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
10. Limitations on Liability. In no event shall HTCC be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of this Site, or with the delay or inability to use this Site, or for any information, services, programs, products, functionality, and materials available through or created or uploaded by using this Site, whether based in contract, tort, strict liability, or otherwise, including business interruption, loss of opportunity, loss of data, or loss of profit, even if HTCC has been advised of the possibility of damages. You agree that the total liability of HTCC for any reason whatsoever related to your use and the availability or unavailability of this Site shall not exceed the total amount paid by you to HTCC for a subscription to the Site.
11. Indemnification. You agree to defend, indemnify, and hold harmless HTCC and its directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of or in connection with your breach of this User Agreement.
12. Links to Third Party Sites. The Site contains hyperlinks to websites operated by persons other than HTCC. Such hyperlinks are provided for your reference and convenience only. You agree not to hold HTCC responsible for the content or operation of such third party websites. A hyperlink from any part of the Site to a third party website does not imply or mean that HTCC endorses the content on that website or the operator or operations of that other site. You are solely responsible for determining the extent to which you may use any content at any other websites to which you might link from any portion of this Site.
13. General. Any notice which either party is required or may desire to serve upon the other party must be in writing. All provisions of the User Agreement will survive termination except those granting access to or use of the Site. This User Agreement is governed exclusively by laws of the state of California, without reference to its choice of law doctrine. The parties agree that any dispute arising from this User Agreement must be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. Arbitration must be held in Sacramento, California. This User Agreement contains the entire agreement of the parties and supersedes any prior written or oral agreements between you and HTCC regarding the Site. A party’s waiver of a breach is not to be deemed a waiver of any subsequent breach of the same term or of any other term. If any provision of this Agreement is held to be invalid, the remaining provisions of this Agreement are not to be affected and will continue in effect. The invalid provision is to be deemed modified to the least degree necessary to remedy the invalidity. Certain portions of the Site may also have additional terms posted that apply specifically to it in addition to this User Agreement or, if expressly so stated, instead of this User Agreement.
