© 2019 The PT Hustle, LLC - All Rights Reserved

NPTE® and NPTAE® are Registered Trademarks of the FSBPT who hold no affiliation with The PT Hustle, LLC

TERMS & CONDITIONS

TERMS OF USE

 

Welcome and thank you for visiting The PT Hustle. When you use our site and service you agree to these terms, so please take a few minutes to read over the Terms of Use below.

 

EFFECTIVE

 

These Terms of Use were last modified on July 19th, 2018.

 

Your Acceptance of these Terms of Use

 

By using www.thepthustle.com (the “Site”), you agree to comply with and be bound by all terms, conditions, and notices contained or referenced in these Terms of Use and the Privacy Policy, which we also urge you to read. If you do not agree to these terms, you are prohibited from using the Site. Additional terms and conditions of use applicable to specific areas of the Site may also be posted in such areas and, together with these Terms of Use and the Privacy Policy, govern your use of those areas.

 

Note: You are entering into a legally binding agreement.

 

Copyrights

 

You acknowledge that all materials, information, images, products, and services (the “Content”) available on this Site, including the selection, coordination, arrangement, and enhancement of such Content, as well as Content original to it, are protected by national and international copyright, trademark, service mark, patent, patent registration, trade secret, know-how, or other proprietary rights and laws. In many cases, The PT Hustle owns the Content. In other cases, The PT Hustle has obtained permission from the licensor of the intellectual property to use the Content on this Site. The PT Hustle and its licensors retain exclusive ownership and/or rights over all Content viewed or accessed on the Site. You may only use the Site or its Content as expressly permitted in these Terms of Use and for no other purpose.

 

Trademarks

 

Unless otherwise indicated, all logos, names, package designs, and marks on the Site are trademarks or service marks of The PT Hustle or used under license by The PT Hustle. Other product and company names mentioned on the Site may be trademarks or service marks of their respective owners. The unauthorized use of any of these materials is strictly prohibited.

 

A Limited Right to Use

 

You agree to use the Site or its content for lawful purposes and only as expressly permitted in these Terms of Use. You represent and warrant that you are using the Site for your personal exam preparation and not at the direction of or for the benefit of a competitor. Except where otherwise noted, the viewing, downloading, or printing of individual pages, graphics, forms, documents, or other Content from the Site grants you a limited, nonexclusive license for use solely by you for your own personal, non-commercial purpose and not for sale, license, rent, distribution, republication, reproduction, transmission, public display or performance, preparation of derivative works, or any other exploitation of the Site’s Content, in whole or in part. You may not retrieve data or other Content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without The PT Hustle prior, written authorization. We post copyright, legal, and other proprietary notices on the Site’s web pages. The notices or credits must remain intact and must not be removed. The PT Hustle may revoke this license at any time.

 

Communications

 

Any communications or material of any kind that you e-mail, post, or otherwise transmit through the Site, including data, content, questions, comments, or suggestions (your “Communications”) will be treated as non-confidential and non-proprietary. You hereby grant a license to The PT Hustle to reproduce, disclose, transmit, publish, broadcast or post your Communications either on the Site or elsewhere with no liability or obligation to you. The PT Hustle and its affiliates, licensors, and agents are free to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose including without limitation developing and marketing products using such information, with no additional consideration provided to you.

 

Code of Conduct

 

In making Communications via the Site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any Content that:

is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates any of The PT Hustle rules or policies; victimizes, harasses, degrades, or intimidates an individual or group of persons on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; infringes on any patent, trademark, trade secret, copyright, the right of publicity, or another proprietary right of any party; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or impersonates any person or entity, including any employee or representative of The PT Hustle.

 

You agree that you will not harvest or collect information about the members or users of the Site or use such information to transmit or to facilitate transmission of unsolicited bulk electronic e-mail or communications. Any use of the Content contained on the Site in any manner that may express or imply endorsement, sponsorship, affiliation, or association of the visitor by The PT Hustle also is strictly prohibited.

 

The PT Hustle does not pre-screen, monitor, or edit the Content uploaded or posted by users or third parties. However, The PT Hustle and its agents have the right, at their sole discretion, to remove any Content that, in The PT Hustle judgment, does not comply with these Terms of Use or is otherwise harmful, objectionable, or inaccurate. The PT Hustle is not responsible for any failure or delay in removing such Content.

 

Links to Third Party Sites

 

The Site contains links to websites operated by third parties (“Third Party Sites”) that are not under The PT Hustle influence or control. As such, The PT Hustle is not responsible for the Content of Third Party Sites. We provide links to Third Party Sites only as a courtesy to our visitors, and such links do not imply our endorsement or support of any linked Third Party Site, the Content on the Third Party Site, any organization sponsoring or participating on the Third Party Site, or any product or service offered through the Third Party Site. Any mention on this Site of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation.

 

The PT Hustle makes no representations and assumes no responsibility whatsoever for any third party Content, any Content that you may access from a Third Party Site through subsequent links or any Content from any website from which you may access this Site. A link to a Third Party Site is not intended as an endorsement of any views that might be expressed or referenced in the Third Party Site. These Terms of Use and the Privacy Policy are only applicable to this Site and do not apply to linked Third Party Sites.

Please review the linked Third Party Site’s terms of use and privacy policies, and if you do not agree to be bound by the terms or policies governing the linked site, we recommend that you terminate your visit to the Third Party Site.

 

Links to the Site

 

The PT Hustle has no objection to links made from Third Party Sites to the Site, provided that such links may only be to the homepage of the Site. You also agree to comply with the following requirements: you may not frame or alter the appearance of the Site; you may not state or imply that The PT Hustle endorses, sponsors or otherwise approves of your Third Party Site or any other website; and you may not use any The PT Hustle trademarks or logos without the prior written consent of The PT Hustle. Given the dynamic nature of the Internet and the possibility of updates and changes, we request that your link enter our Site at the home page. You must abide by all of the other Terms of Use set forth above. For example, you may not reproduce or host The PT Hustle Content on your Third Party Site.

 

Disclaimer of Warranties

 

ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND YOU USE THIS SITE AND ANY CONTENT YOU CHOOSE TO DOWNLOAD AT YOUR SOLE RISK. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSLY OR BY IMPLICATION, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. NEITHER The PT Hustle NOR ITS EMPLOYEES, OFFICERS, TRUSTEES, MEMBERS, AGENTS, CONSULTANTS, CONTRACTORS, OR LICENSORS, MAKE ANY WARRANTY THAT THE CONTENT OF THE SITE, OR ANY SERVICE PROVIDED THROUGH IT, IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE, OR ANY LINKED THIRD PARTY SITE, WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS, OR RECOMMENDATIONS ON THE SITE.

 

Limitation of Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL The PT Hustle, OR ITS EMPLOYEES, OFFICERS, TRUSTEES, MEMBERS, AGENTS, CONSULTANTS, CONTRACTORS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR FROM THE CONTENT AVAILABLE ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

Indemnification

 

You agree to defend, indemnify, and hold The PT Hustle and its employees, officers, trustees, members, agents, consultants, contractors, and licensors harmless from and against any and all liabilities, claims, and expenses, including attorneys’ fees that arise from your use of the Site or its Content, including without limitation, your violation of these Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses.

 

Pricing Policies

 

The cost of any The PT Hustle subscription grants you individual use of the Site for the duration of the chosen term. The price paid does not include the cost of additional materials such as study guide books or reference textbooks that may be used in your preparation.

 

Refund Policy

 

The PT Hustle products are offered with a 30-day money back guarantee unless specified in the service agreement for a specific product at the time of purchase. In order to get a full refund, the purchaser must communicate dissatisfaction with the product via a written email to kyle.rice@thepthustle within 30 days of original purchase. If a payment plan is used the 30 days will begin on the date of the first payment.

 

Termination of Service

 

You agree that The PT Hustle, in its sole discretion, may terminate your use of the Site, and remove and discard any Content within the Site, for any reason, including, without limitation, for lack of use or if The PT Hustle believes that you have violated or acted inconsistently with these Terms of Use. The PT Hustle reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time for any reason without prior notice or liability. The PT Hustle may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.

 

International Use

 

By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. The PT Hustle makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where such activity is illegal is strictly prohibited.

 

Security Precautions

 

The Content provided through the Site is protected using industry standard security precautions. It is up to you to fully understand the risks and threats of using the public Internet and to be sufficiently aware of those risks to protect your confidential information adequately. The PT Hustle provides some information regarding security and privacy in our Privacy Policy. This document is provided as a guideline, but it is up to you to remain current and exercise care when using the Internet.

 

Choice of Law and Remedies   

The Terms of Use shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the Miami-Dade County, Miami, U.S.A., without regard to its conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms of Use or your use of the Site shall be filed only in the state or federal courts located in the State of Florida, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any claim or action between you and The PT Hustle with respect to the Terms of Use, the Privacy Policy, or the Site, you agree that The PT Hustle will be entitled to recover its costs and expenses (including attorneys’ fees), in addition to any other remedy available at law, in equity, or otherwise, if The PT Hustle is successful in the prosecution or defense of such claim or action.

 

Entire Agreement

 

These Terms of Use and the Privacy Policy, along with other terms and conditions governing the use of specific areas of the Site, constitute the entire agreement between you and The PT Hustle with respect to the Site and supersede all prior or contemporaneous communications and proposals between us concerning the Site. If any provision of these Terms of Use is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect. The section headings used in the Terms of Use are for convenience only and shall not be given any legal import. No waiver of any provision of this Agreement may be implied from any failure by The PT Hustle to assert its rights under these Terms of Use on any occasion or series of occasions.

 

Changes to the Terms of Use

 

The PT Hustle reserves the right to alter the Terms of Use from time to time. We will post the date of the most recent revisions to the Terms of Use on this page. We urge you to review the Terms of Use from time to time, as your continued use of the Site indicates your agreement to the revised terms. Any changes to the Terms of Use will become effective immediately upon being posted on the Site unless otherwise specified.

 

End of Terms of Use Agreement