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Terms & Conditions

Website Terms of Use

These are the terms of use (“Terms of Use”) that govern your use of services or features on the websites owned or operated by KTPStudio.com (formerly known as Keep Thinking Productions, LLC.), including our subsidiary Clickgenee.com, (“KTPStudio.com,” “we,” or “us”), including the websites located at KTPStudio.com, renotahoelocals, reviewgenee.com, ktpstudio.com, and related websites provided by KTP Studio on which these Terms of Use are posted or referenced (collectively, the “Site”). You may access our Site by computer or mobile device. These Terms of Use apply to your access to and use of our Site, regardless of your means of access.

KTP Studio’s collection and use of personal information in connection with the Site is described in KTP Studio’s Website Privacy Policy.

BY USING OUR SITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE AND OUR WEBSITE PRIVACY POLICY. IF YOU DO NOT AGREE WITH EITHER OF THESE, YOU SHOULD NOT USE OUR SITE.

IMPORTANT: PLEASE BE ADVISED THAT THESE TERMS OF USE CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND KTP STUDIO CAN BE BROUGHT. PLEASE REVIEW SECTION 12 OF THIS AGREEMENT CAREFULLY, AS IT REQUIRES YOU TO RESOLVE ALL DISPUTES BETWEEN YOU AND KTP STUDIO BY BINDING, INDIVIDUAL ARBITRATION.

1. Changes to Terms and Site

You may use the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (the “Content”) solely for your non-commercial, personal purposes and/or to learn about KTP Studio products and services, and solely in compliance with these Terms of Use.

You may only use the Site for lawful purposes and in accordance with these Terms of Use. You agree not to:

Use the Site in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). Use the Site to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm KTP Studio or users of the Site, or expose them to liability. Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site. Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Site, or otherwise attempt to discover any source code, or allow any third party to do so. Accumulate or index, directly or indirectly, any content or portion of the Site for any purpose whatsoever. Data-mining, scraping, crawling, or using any robot, other automatic device, script, technology or processes that send automated queries to the Site, or from using other similar methods and tools to monitor, gather, extract or copy data, Content, or other information from the Site. Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent. Use any device, software, or routine that interferes with the proper working of the Site. Circumvent, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any content or enforce limitations on use of the Site or the content thereon. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site. Attack the Site via a denial-of-service attack or a distributed denial-of-service attack. Otherwise attempt to interfere with the proper working of the Site.

In addition to our rights in these Terms of Use, we may take any legal action and implement any technological measures to prevent violations of the restrictions hereunder and to enforce these Terms of Use.

2. Your Use of the Site

You may use the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (the “Content”) solely for your non-commercial, personal purposes and/or to learn about KTP Studio products and services, and solely in compliance with these Terms of Use.

  • You may only use the Site for lawful purposes and in accordance with these Terms of Use. You agree not to:
  • Use the Site in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • Use the Site to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm KTP Studio or users of the Site, or expose them to liability.
  • Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
  • Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Site, or otherwise attempt to discover any source code, or allow any third party to do so.
  • Accumulate or index, directly or indirectly, any content or portion of the Site for any purpose whatsoever.
  • Data-mine, scrape, crawl, or use any robot, other automatic device, script, technology or processes that send automated queries to the Site, or use other similar methods and tools to monitor, gather, extract or copy data, Content, or other information from the Site.
  • Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Site.
  • Circumvent, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any content or enforce limitations on use of the Site or the content thereon.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.

In addition to our rights in these Terms of Use, we may take any legal action and implement any technological measures to prevent violations of the restrictions hereunder and to enforce these Terms of Use.

All content provided on the Site is the copyright of KTP Studio or its content suppliers. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of KTP Studio and is protected by U.S. and international copyright laws. All software used on the Site is the property of KTP Studio or its software suppliers and is protected by U.S. and international copyright laws. We give you permission to use the Site content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Site. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, modify, display, reproduce, distribute, republish, prepare derivative works of, sell, or exploit any of the content, or exploit the Site in whole or in part, for any commercial gain or purpose whatsoever. Except as expressly provided herein, neither KTP Studio nor its content suppliers grant you any express or implied rights, and all rights in the Site not expressly granted by KTP Studio to you are retained by KTP Studio.

The KTP Studio, Kareo, Inc., and PatientPop, Inc. names and logos are trademarks or registered trademarks of KTP Studio (collectively, the “KTP Studio Trademarks”). You may not use our trademarks in connection with any product or service that is not the property of KTP Studio, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits KTP Studio or its affiliates.

Nothing in these Terms of Use or the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any KTP Studio Trademarks displayed on the Site, without our prior written permission in each instance. All goodwill generated from the use of KTP Studio Trademarks will inure to our exclusive benefit. Other company products and service names and logos used and displayed via the Site may be trademarks or registered trademarks of their respective owners and are used herein solely for descriptive purposes. Mention on this Site of trademarks held by other parties should not be construed as a challenge to said trademarks’ status or ownership.

4. User Content You Post or Provide

You represent that you have all right, title, and interest to materials you post on the Site or provide to KTP Studio (“User Content”), including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the User Content, and that posting such User Content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity.

You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted User Content is true and your own work or work you are authorized to submit, and that the posted User Content do not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the User Content you supply does not violate these Terms of Use.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement on the Site or the Service should be sent to KTP Studio’s designated Copyright Agent. See the Claims of Copyright Infringement instructions below.

5. Disclaimers

You acknowledge that KTP Studio has no control over, and no duty to take any action regarding what content you access, what effect that content may have on you, how you may interpret or use that content, or what actions you may take as a result of having been exposed to that content. You agree that you must evaluate and bear all risks associated with the use of any content on the Site, including any reliance on the accuracy, completeness, or usefulness of such content. You release us from all liability for your use of or inability to use the Site. We and our licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, employees, consultants, contract employees, representatives, and agents, and each of their respective successors and assigns make no representations or warranties regarding suggestions or recommendations of services listed on the Site and will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Site.

THE SITE AND ALL CONTENT THEREON ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, KTP STUDIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO THE OPERATION OF THE SITE OR THE CONTENT, THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KTP STUDIO DOES NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE EFFECTIVE, RELIABLE, OR ACCURATE OR WILL MEET YOUR REQUIREMENTS.

WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE CONTENT, WE MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY CONTENT (INCLUDING BUT NOT LIMITED TO DESCRIPTIONS OF PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, INSURANCE COVERAGE, OR BENEFIT INFORMATION). IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT.

6. Third-Party Material

While using the Site, you may encounter content of third parties or links to third-party websites, which are provided for your convenience only. We do not endorse such third-party websites or the products and services they provide, and the inclusion of such content or links does not imply any association or relationship between KTP Studio and such third party. We have no control over such sites and resources and are not responsible for and do not endorse such sites and resources. You further acknowledge and agree that KTP Studio will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods, or services available on or through any such site or resource. Any dealings you have with third parties found while using the Site are between you and the third party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Third-party content, including reviews and ratings from third-party users, do not necessarily reflect the views of KTP Studio.

 

7. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT KTP STUDIO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ANY SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY UTILIZED THROUGH USE OF THE SITE, OR ANY MATTER BEYOND OUR REASONABLE CONTROL (EVEN IF KTP STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OF OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE.

 

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.  IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, KTP STUDIO IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF KTP STUDIO AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS.

 

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 SET FORTH ABOVE MAY NOT APPLY TO YOU.

 

8. Indemnity

To the extent allowed by applicable law, you agree to indemnify, defend (at KTP Studio’s option) and hold harmless KTP Studio against all third-party claims (including, without limitation, by governmental agencies), demands, damages, costs, penalties, fines, and expenses (including reasonable attorney’s fees and costs) arising out of or related to your use of the Site or your breach of these Terms of Use.

 

9. Reservation of Rights

KTP Studio reserves the right, at any time, without notice and in its sole discretion, to terminate your right to use the Site and to block or prevent your future access to and use of the Site. All terms survive termination of these Terms of Use that by their nature survive for a party to assert its rights and receive the protections of these Terms of Use. KTP Studio reserves the right to investigate and, at our discretion, take appropriate legal action against anyone who violates these Terms of Use.

10. Governing Law and Arbitration

While we hope that we can work through any disagreements you might have with KTP Studio, if a dispute needs to be further resolved, such resolution must be sought in accordance with this Section 12. PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, AS IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

 

a. Governing Law

These Terms of Use and any action related thereto are governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Nevada (without regard to conflicts of law principles).

b. General Arbitration Process

Any dispute or claim that may arise between the parties relating in any way to or arising out of these Terms of Use, your use of or access to the Site (“Claim”), must be resolved exclusively through final and binding arbitration (rather than in court) under the then-current Consumer Arbitration Rules of the American Arbitration Association. For more information, visit www.adr.org. Any judgment on the award rendered by the arbitrator is final and may be entered in any court of competent jurisdiction. Nothing in these Terms of Use prevents you or us from seeking injunctive or equitable relief in any court of competent jurisdiction or from asserting an individual claim in small claims court if a claim qualifies. The prevailing party in any arbitration or litigation is entitled to recover its attorneys’ fees and costs from the other party. The arbitration will be held in either: (i) in Washoe County, Nevada or (ii) at your election, via videoconference.

You can opt out of this agreement to arbitrate by emailing support@ktpstudio.com within 30 days of the date you first accept the Terms of Use by using the Site. Your email opt-out must include your name, the URL of the Terms of Use, your address, your phone number, and a clear statement that you wish to opt out of this arbitration provision in the Terms of Use.

c. Enforcement

Notwithstanding Section 12(b), KTP Studio may bring an action to enforce its intellectual property or other proprietary rights in any court of competent jurisdiction.

d. Equitable Relief

Notwithstanding anything above, KTP Studio may seek and obtain injunctive and equitable relief in any court of competent jurisdiction without restriction or required process in these Terms of Use.

e. PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS

EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL PARTY BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, CLASS OR REPRESENTATIVE PROCEEDING. IF THIS CLASS ACTION AND REPRESENTATIVE ACTION WAIVER PROVISION IS HELD TO BE UNENFORCEABLE, THEN SECTION 12(b) SHALL ALSO BE UNENFORCEABLE.

f. Disputes Between Users

If there is a dispute between users of this Site, or between users and any third party (including but not limited to healthcare providers), you agree that KTP Studio is under no obligation to become involved. In the event that you have a dispute with one or more other users or healthcare providers, you release KTP Studio, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Site.

 

11. Miscellaneous

a. Entire Agreement; Waiver

These Terms of Use and any supplemental terms, policies, rules, and guidelines posted through the Site, each of which are incorporated herein by reference, including the Website Privacy Policy, constitute the entire agreement between you and us and supersede all prior or contemporaneous agreements, whether written or oral, related to this subject matter. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

b. Assignment

KTP Studio may assign or transfer these Terms of Use to any third party without consent. You may not assign or transfer these Terms of Use to a third party without the prior written consent of KTP Studio. Any assignment in violation of this section shall be null and void.

c. Severability

In the event any one or more of the provisions of these Terms of Use shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions of these Terms of Use shall be unimpaired. Further, the invalid, illegal or unenforceable provision shall be replaced by a provision that comes closest to the intention of the parties that underlie the invalid, illegal or unenforceable provision, except to the extent no such provision is valid, legal and enforceable, in which case such invalid, illegal or unenforceable provision shall be limited or eliminated to the minimum extent necessary so that the other provisions of these Terms of Use remain in full force and effect and enforceable.

d. Feedback

You may provide us with feedback, comments, or suggestions about the Site (“Feedback”) by emailing us, on our social media accounts, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. If you provide us with Feedback, then we may use such information without obligation to you.

e. Beta Features

If you access or are invited to access any beta features on the Site (“Beta Features”), you acknowledge that: (a) Beta Features have not been made commercially available by KTP Studio; (b) Beta Features may not operate properly, be in final form, or be fully functional; (c) Beta Features may contain errors, design flaws, or other problems; (d) it may not be possible to make Beta Features fully functional; (e) use of Beta Features may result in unexpected results, corruption or loss of data, or other unpredictable damage or loss; (f) Beta Features may change and may not become generally available; and (g) KTP Studio is not obligated in any way to continue to provide or maintain Beta Features. Beta Features are provided AS IS, with all faults, and you assume all risk arising from use of Beta Features, including, without limitation, the risk of damage to your computer system or the corruption or loss of data.

f. Consent to Electronic Communications

When using our Site, including the scheduling feature, you may be prompted to provide a cell phone number and email address. By voluntarily providing your cell phone number or email address to KTP Studio, you agree that KTP Studio may contact you by telephone, SMS or MMS message, or email to send you appointment confirmations, reminders, or information that we think may be of interest to you at that phone number or email address.

You hereby consent to receiving such communications for transactional, operational, or informational purposes. Message and data rates from your mobile telephone service provider may apply and are subject to the terms and conditions imposed by your provider. You can opt out of receiving text messages at any time by following the given instructions for doing so. Note that opting out of receiving all texts may impact your use of the Site.

 

Last Updated: March 1, 2024.

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