The Tru-T.org web site (FPT Site) by Function Promoting Therapies, LLC (FPT) is operated by FPT, a Delaware limited liability company. By using and accessing information on this web site, you agree to accept the Terms of Use.
These Terms of Use set out the legally binding terms of your use of Tru-T.org and may be modified by FPT at any time and without prior notice. These modifications will be effective upon posting by FPT on the Site. The Terms of Use also assumes that you have read and agree to the Privacy Notice and any other notices regarding the Site.
By using the Site, you represent and warrant tht you have the right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. These Terms of Use will remain in full force and effect while you use the Site. Function Promoting Therapies may terminate your privileges to use the Site for any reason, at any time. Even after such privileges are terminated, these Terms of Use will remain binding on you. You must be at least age 18 to register as a Function Promoting Therapies user or to use the FPT Site in any way without the involvement of a parent or guardian. Subject to the foregoing, Function Promoting Therapies grants you, individually, a limited license to access and make use of the FPT Site; if the FPT Site is provided to you by your Employer, the license grant is made to your Employer and may be subject to additional terms which have been agreed to by Function Promoting Therapies and your Employer. This license does not include any resale or commercial use of the FPT Site or its contents (other than internal use by employees of a company which has contracted with Function Promoting Therapies); any posting of product or service listings, prices or descriptions; any use of this FPT Site or its contents to create derivative works; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. The FPT Site or any portion of this FPT Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Function Promoting Therapies. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Function Promoting Therapies without express written consent. You may not use any meta tags or any other "hidden text" utilizing Function Promoting Therapies’ name or trademarks without the express written consent of Function Promoting Therapies. Any unauthorized use terminates the permission or license granted by Function Promoting Therapies.
As a user of the Tru-T.org Free Testosterone calculator by FPT, you are responsible to protect your access from unauthorized third-party use by protecting your login details. You must notify FPT if you believe your login security has been compromised and we will immediately block access to your data until this can be resolved.
Function Promoting Therapies owns and retains all proprietary rights in the FPT Site and in any information, graphics, photographs, data or communications (collectively, "Content") of the FPT Site, other than the data added or transmitted by users. The FPT Site contains the copyrighted material, trademarks, and other proprietary information of Function Promoting Therapies, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. You agree to indemnify Function Promoting Therapies (including its officers, members, employees, advisors, contractors and agents) for all claims resulting from Content you supply or that is supplied by the FPT Site or other users of the FPT Site. To the extent that you provide Function Promoting Therapies with any feedback or input on the FPT Site, Function Promoting Therapies shall have the right to utilize all such feedback or input in developing the FPT Site and shall own all products thereof. You hereby grant to Function Promoting Therapies a non-exclusive, royalty-free, worldwide license to use Content that you submit through the FPT Site or through External Interactions for the limited purpose of (i) developing, inventing or improving algorithms, analyses or other intellectual property, and (ii) conducing meta-analysis of de-identified data. In any case in which Function Promoting Therapies uses Content you submit through the FPT Site or External Interactions, Function Promoting Therapies agrees that it will only do so after such Content has been anonymized such that it has no personally identifying information and will hold such Content in confidence. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our designated copyright agent. INQUIRIES NOT CONFORMING TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
Use of this Site is also governed by the FPT Privacy Policy, which together with any other policies or notices set forth on the Site, forms a part of these Terms of Use.
THE FPT SITE IS PROVIDED BY FUNCTION PROMOTING THERAPIES ON AN "AS IS" AND "AS AVAILABLE" BASIS. FUNCTION PROMOTING THERAPIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE FPT SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE FPT SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE FPT SITE IS AT YOUR SOLE RISK. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, FUNCTION PROMOTING THERAPIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FUNCTION PROMOTING THERAPIES DOES NOT WARRANT THAT THE FPT SITE, ITS SERVERS, OR E-MAIL SENT FROM FUNCTION PROMOTING THERAPIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FUNCTION PROMOTING THERAPIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE FPT SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. ALL CLINICAL AND MEDICAL TREATMENT AND DIAGNOSTIC DECISIONS ARE YOUR REPONSIBILITY AND YOUR RELATED PROFESSIONAL HEALTHCARE PROVIDERS. YOU EXPRESSLY ACKNOWLEDGE THAT FUNCTION PROMOTING THERAPIES IS NOT RESPONSIBLE FOR DETERMINING THE TYPE AND QUALITY OF THE DIAGNOSTIC TESTS AND/OR CLINICAL GUIDELINES NECESSARY FOR YOU TO MAKE MEDICAL OR DIAGNOSTIC DECISIONS OR DETERMIANTIONS, AS WELL AS FOR COMPLYING WITH ALL LAWS, REGULATIONS AND LICENSING REQUIREMENTS APPLICABLE TO THE DELIVERY OF HEALTHCARE SERVICES. FUNCTION PROMOTING THERAPIES DOES NOT MAKE ANY MEDICAL OR DIAGNOSTIC DECISIONS OR DETERMINATIONS, OPR OTHERWISE ACT UPON THE PAITENT DATA IN ANY PROFESSIONAL CAPACITY OR DETERMINE THE TYPES OF PROCEDURES YOU NEED TO MAKE SUCH DETERMINATIONS OR DECISIONS. DEPENDING ON YOUR SELECTION OF PRODUCTS OFFERED BY FUNCTION PROMOTING THERAPIES, THE FPT SITE MIGHT PROVIDE INFORMATION THAT CAN BE HELPFUL IN THE DIAGNOSTIC DECISIONS OR DETERMINATIONS.
If there is any dispute about or involving the FPT Site, by using the FPT Site, you agree that the dispute will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You agree to that any such dispute shall be resolved through binding arbitration in accordance with the Commercial Rules of the American Arbitration Association by a single arbitrator nominated by Function Promoting Therapies and mutually acceptable to you. The venue for such arbitration shall be Washington, D.C.
You agree to defend, indemnify, and hold harmless Function Promoting Therapies, its officers, members, employees, advisors, contractors and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any Content you provide to the FPT Site or through External Interactions, (ii) any Content that you use; (iii) your use of the FPT Site or (iv) your breach of the terms of these Terms of Use. Function Promoting Therapies will provide notice to you promptly of any such claim, suit, or proceeding and will assist you, at your expense, in defending any such claim, suit or proceeding.
These Terms of Use, accepted upon use of the FPT Site, constitute the entire agreement between you and Function Promoting Therapies regarding the use of the FPT Site, except that if this FPT Site is provided to you in conjunction with an agreement between Function Promoting Therapies and your employer, the terms of any such agreement shall govern and supplement these terms; to the extent there is any conflict between this Agreement and the terms of an agreement between Function Promoting Therapies and your employer, the agreement between Function Promoting Therapies and your employer shall govern. The failure of Function Promoting Therapies to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.