Welcome to our Legal Page
This page contains all the links for the legal information you may need as you interact with MyPTCare.com and our team of Health & Wellness experts.
Last Updated: April 2024
PRIVACY POLICY
Online Privacy Policy
Last Update: February 2024
This privacy policy outlines what information (“PERSONAL DATA”) is collected from you (“SUBSCRIBER”) and how that information is handled by My PT Care, LLC (the “COMPANY”).
SUMMARY
The COMPANY provides various ways for you to add your personal information to their database. By clicking on “Submit” “Sign-up” “Buy now” “Purchase” and or any other button (or functionality) that has a similar meaning you are providing your explicit consent to be added to the COMPANY’s communication system. The COMPANY outlines below the methods of communicating with you based on the information you provide.
You may opt-out of this at any time by clicking on the “unsubscribe” button included on all email, messenger, and or currently available means communication that the COMPANY has described below it may use to communicate with you.
My PT Care, LLC (the “COMPANY”) respects the privacy concerns of the users of its website, www.MyPTCare.com and the services and or goods provided there (the “SITE”). The COMPANY provides this privacy statement to explain what information is gathered during a visit to the SITE and how such information may be used.
Please also review the Site Terms section on the legal page of www.MyPTCare.com which also governs your use of this SITE.
USE OF INFORMATION
As a general policy, no personally identifiable information (“PERSONAL DATA”), such as your name, address, or email address, is automatically collected from your visit to the SITE. ANY PERSONAL DATA COLLECTED BY THE SITE MUST BE VOLUNTARILY ENTERED BY THE SUBSCRIBER.
Non-personal data is recorded by the COMPANY’S use of Google Analytics. The COMPANY uses the information collected and provided by Google Analytics to help understand where its internet searches and traffic originates from.
PERSONAL DATA is information that specifically identifies you (name, email address, ship to/bill to address, phone number) and can be used to specifically locate you from within the COMPANY’S database and or filing system.
The SITE’S various mailing lists, downloads, special offers, contests, registration forms, and surveys may request that you give the COMPANY contact information such as your
- Name,
- Email,
- Mailing Address, etc.
Information submitted at the time of submission will be used by the COMPANY to:
- Email SUBSCRIBER the requested information from the COMPANY;
- Email SUBSCRIBER a (daily/weekly or monthly) newsletter from the COMPANY; the COMPANY believes in only sending communications when it has something of importance to send
- Provide SUBSCRIBER access to the requested content from the COMPANY;
PERSONAL DATA submitted voluntarily by the SUBSCRIBER is held:
- Within the COMPANY’S Kajabi SITE and database
- Until the SUBSCRIBER requests to be unsubscribed and or up to two years from the time of submitting, whichever comes sooner. Before removal the COMPANY will ask SUBSCRIBER to confirm that he or she wants to remain within the database.
- Based on the contractual relationship between the COMPANY and SUBSCRIBER, the COMPANY will delete and destroy the SUBSCRIBER information following the end or termination of the contractual period.
- The COMPANY will maintain any and all legal records for the time period required by law. For example: transactions required by tax laws must be kept for 7 years.
LEGAL BASIS FOR USE OF INFORMATION
The COMPANY is legally processing SUBSCRIBER’S PERSONAL DATA based on the following:
- The SUBSCRIBER has given his or her explicit and voluntary consent to the COMPANY;
- The SUBSCRIBER has a contract with the COMPANY that necessitates the COMPANY having his or her PERSONAL DATA;
- The COMPANY has a legitimate interest to process SUBSCRIBER’S PERSONAL DATA;
USE TO THIRD PARTIES
PERSONAL DATA is never sold, leased, or shared with any third parties. A third party is a COMPANY outside of the SUBSCRIBER - COMPANY relationship.
USE TO CREDIT CARD INFORMATION
The COMPANY does not store any credit card information it may receive in regard to a specific transaction and/or billing arrangement except as necessary to complete and satisfy its rights and obligations with regard to such transaction, billing arrangement, and/or as otherwise authorized by a user.
All credit card information is handled by Stripe and PayPal.
USE LEGAL OBLIGATIONS
The COMPANY may disclose SUBSCRIBER information in special cases when required by legal and or law enforcement and only when required by law.
If the COMPANY has reasonable reason(s) to believe that disclosing PERSONAL DATA held by the COMPANY is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference (either intentionally or unintentionally) with the COMPANY’S rights or property, other users of the SITE, and or anyone else that could be harmed by such activities, then the COMPANY will work with the appropriate and legitimate law enforcement and or legal authorities to make sure that the PERSONAL DATA is handled in accordance with the applicable laws.
SUBSCRIBERS RIGHTS - Your Rights
As a SUBSCRIBER and or user of the SITE, you have the following rights:
- Transparent information from the COMPANY regarding how they communicate and interact with the SUBSCRIBER;
- The right to hear back from the COMPANY regarding any inquiry into SUBSCRIBER’S PERSONAL DATA;
- To request correction of PERSONAL DATA from the COMPANY;
- Access to SUBSCRIBER’S PERSONAL DATA including knowing the purposes that the data is used for;
- To request erasure from the COMPANY’S records provided that there are not overriding legal, public interest, or legitimate interests;
- To a restriction on the processing of the PERSONAL DATA;
- Data portability of PERSONAL DATA (having a record provided to you that is readable and commonly used that outlines the PERSONAL DATA the COMPANY has on you)
- To object to processing of PERSONAL DATA - the COMPANY shall no longer process the SUBSCRIBER’S PERSONAL DATA unless the COMPANY demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the SUBSCRIBER or for the establishment, exercise or defense of legal claims.
- To file a complaint with the supervisory authority;
- The right to unsubscribe at any time (withdraw consent)
PROFILING PERSONAL DATA
Profiling means any form of automated processing of PERSONAL DATA consisting of the use of PERSONAL DATA to evaluate certain personal aspects relating to a SUBSCRIBER, in particular to analyze or predict aspects concerning that SUBSCRIBER’S performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements;
The COMPANY DOES NOT ENGAGE IN ANY SORT OF PROFILING OF ITS SUBSCRIBERS BASED ON PERSONAL DATA.
For automated processing of personal data related to cookies, please review the Cookie Policy section on the legal page of www.MyPTCare.com.
CHILDREN UNDER AGE 13
The COMPANY recognizes the special obligation to protect PERSONAL DATA obtained from children age 13 and under.
IF YOU ARE 13 YEARS OLD OR YOUNGER, THE COMPANY REQUESTS THAT YOU NOT SUBMIT ANY PERSONAL INFORMATION TO THE SITE OR TO THE COMPANY.
If the COMPANY discovers that a child age 13 or younger has signed up on the SITE and or provided the COMPANY with PERSONAL DATA, the COMPANY will delete that child’s PERSONAL DATA from our records.
The COMPANY nonetheless encourages parents to go online with their kids. Here are a few tips to help make a child’s online experience safer:
- Teach kids never to give personal information, unless supervised by a parent or responsible adult. Includes name, address, phone, school, etc.
- Know the sites your kids are visiting and which sites are appropriate.
- Look for Website privacy policies. Know how your child’s information is treated.
- Check out the Federal Trade Commission’s (FTC) site for more tips on protecting children's privacy online.
USE OF COOKIES
Cookies are pieces of information that a website transfers to an individual’s computer hard drive for record keeping purposes. Cookies make using the COMPANY’S SITE easier by saving your passwords and preferences for you.
These cookies are restricted for use only on COMPANY’S SITE, and do not transfer any PERSONAL DATA to any other party. Most browsers are initially set up to accept cookies. You can, however, reset your browser to refuse all cookies or indicate when a cookie is being sent. Please consult the technical information relevant to your browser for instructions.
If you choose to disable your cookies setting or refuse to accept a cookie, some parts of the SITE may not function properly or may be considerably slower.
The COMPANY uses the following cookies (below) on the SITE. Please also review the Cookie Policy section on the legal page of www.MyPTCare.com.
MALWARE/SPYWARE/VIRUSES
Neither the COMPANY nor the SITE knowingly permit the use of malware, spyware, viruses, and/or other similar types of software.
LINKS TO EXTERNAL SITES
The COMPANY is not responsible for the content or practices of third party websites that may be linked to the SITE.
The COMPANY is also not responsible for any information that you might share with such linked websites.
You should refer to each website’s respective privacy policy and practices prior to disclosing any information.
BULLETIN BOARDS AND CHAT AREAS
Guests of the SITE are solely responsible for the content of messages they post on the COMPANY’s forums, such as chat rooms and bulletin boards. Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, phone number) on the bulletin boards or in the chat areas, that information can be collected and used by others and may result in unsolicited messages from other people. You are responsible for the personal information you choose to submit in these instances. Please take care when using these features.
OPT OUT OR REMOVAL OF YOUR INFORMATION
The SITE provides the SUBSCRIBER the opportunity to opt-in to receive communications from the COMPANY at the point(s) where PERSONAL DATA information is required to be voluntarily entered by the SUBSCRIBER.
The SUBSCRIBER always has the option of removing their PERSONAL DATA from any communications list in order to discontinue any such future communications.
In order to ensure immediate removal from any list, please follow the specific instructions set forth within the communications you receive from the COMPANY, which you no longer wish to receive.
If you are unsuccessful in completing the instructions specified in any such communication, please email the COMPANY at [email protected] and simply request to unsubscribe.
- Unsubscribe from all communications from the COMPANY
- Unsubscribe from a specific set of communications from the COMPANY
CONTACT INFORMATION
If you have any complaints or concerns about the COMPANY or about this privacy statement, please contact:
Via email: [email protected]
Information provided by you via general email inquiries to the COMPANY such as your email address is used only to respond to your inquiries in the ordinary course of business, and is never shared with third parties.
SECURITY
Security for all PERSONAL DATA is extremely important to the COMPANY.
Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure.
As a result, while the COMPANY strives to protect SUBSCRIBER’S PERSONAL DATA, the COMPANY cannot ensure or warrant the security of any PERSONAL DATA the SUBSCRIBER transmits via the internet. By transmitting any such information to the COMPANY, SUBSCRIBER accepts that he or she does so at their own risk.
TRANSFER OF CUSTOMER INFORMATION
Customer lists and information are properly considered assets of a business. If COMPANY merges with another entity, or if it sells its assets to another entity, the COMPANY’S customer list and information would be included among the assets transferred.
- SUBSCRIBER would be given the opportunity to unsubscribe both before and after the sale.
YOUR ACCEPTANCE OF THESE TERMS
By using the SITE, the SUBSCRIBER accepts the policies and restrictions set forth in this Online Privacy Policy. If you do not agree to this policy, please do not use the SITE. This Online Privacy Policy may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Online Privacy Policy to which you are bound.
SITE TERMS
Site Terms
Last Updated: February 2024
My PT Care, LLC (the “Company”) WELCOMES YOU TO www.MyPTCare.com (the “Site”). WE ASK THAT YOU READ THE FOLLOWING TERMS OF USE, WHICH CONSTITUTE A LICENSE, THAT COVER YOUR USE OF THIS SITE AND ANY TRANSACTIONS THAT YOU ENGAGE IN THROUGH THIS SITE (the “AGREEMENT”).
BY ACCESSING, VIEWING, OR USING THIS SITE, AS WELL AS ALL RELATED WEBSITES OPERATED BY THE COMPANY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.
When you register and or voluntarily provide your personally identifiable information to the Company, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, and communications concerning new products or services, or other records of correspondence from the Company. This consent is to receive notices electronically by way of email.
USE OF SITE
This Site is provided solely for the use of current and future customers of the Company to provide you with information about the Company, to permit you to place orders for our products and services, and to enable you to contact us with any questions or comments that you may have. Any other use of this site is prohibited. By way of example, you should not use any features of this site that permit communications or postings to post, transmit, display, or otherwise communicate:
i. any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
ii. any advertisement, solicitation, spam, chain letter, or other similar type of information;
iii. any encouragement of illegal activity;
iv. unauthorized use or disclosure of private, personally identifiable information of others; or
v. any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
SITE CONTENTS AND OWNERSHIP
The information contained on this site, including all images, designs, photographs, writings, graphs, data, and other materials (the “Materials”) are the property of the Company and are protected by copyrights, trademarks, trade secrets, or other proprietary rights.
Company makes no claim in regards to its use of graphics; voice and sound recordings, artwork, photos, documents and or text that it may display that are properly licensed and attributed to others’ intellectual property rights. Company has made every reasonable effort to give proper attribution where required. If you believe that your content on this Site is in violation of your ownership rights, please review the DMCA Notice section on the legal page of www.MyPTCare.com.
Permission is granted to display, copy, distribute, download, and print portions of this site solely for the purposes of using this site for the authorized uses described above. You must provide accurate links back to the Company’s Materials if you want to display or distribute Company’s Materials.
We are glad to have you share our content, but you must retain all copyright and other proprietary notices on all copies of the Contents. You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the Contents. Except as provided in this Notice, the Company does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
Modification of the Company’s content and or materials provided for any other purpose is a violation of copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties.
INTELLECTUAL PROPERTY
All trade names, trademarks, and images and biographical information of people used in the Company content and or Materials contained in the Site, including without limitation are either the property of, or used with permission by, the Company.
The use of Materials by you is strictly prohibited unless specifically permitted by these Terms of Use.
Any unauthorized use of Materials may violate the copyright, trademark, and other proprietary rights of the Company and or third parties, as well as the laws of privacy and publicity, and other regulations and statutes.
Nothing contained in this Agreement or in the Site shall be interpreted as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner.
The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, please review the DMCA Notice section on the legal page of www.MyPTCare.com.
DISCLAIMER OF WARRANTY
You expressly agree that use of this Site is at your sole risk. Neither the Company, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.
The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, the Company does not warrant reliability of any statement or other information displayed or distributed through the site. The Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. The Company may make any other changes to this site, the Materials and the products, programs, services, or prices (if any) described in this site at any time without notice.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS.
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
LIMITATION OF LIABILITIES
YOU AGREE THAT THE COMPANY AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE.
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL THE COMPANY OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER THE COMPANY OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify and hold the Company and each of its directors, officers, employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to:
(i) your breach of this Agreement,
(ii) any violation by you of law or the rights of any third party,
(iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site,
(iv) your use of the Site or any services that the Company may provide via the Site, and
(v) your conduct in connection with the Site or the services or with other users of the Site or the services.
The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
PRIVACY POLICY
To access the Company’s Privacy Policy governing the use of information that the Company obtains from you through your use of this website, please review the Privacy Policy section on the legal page of www.MyPTCare.com.
The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use.
By using the Site, you signify your acceptance of the Company’s Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of this site must be commenced within one year after the claim or cause of action arises.
TERM AND TERMINATION
Without limiting its other remedies, the Company may immediately discontinue, suspend, terminate, or block your and any user’s access to this site at any time in our sole discretion.
HYPERLINK DISCLAIMERS
As a convenience to you, we may provide on this Site links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this site.
If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form are not maintained, controlled, or otherwise governed by the Company.
The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by the Company. The Company does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by the Company.
Links do not imply that the Company or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of the Company or any of its affiliates or subsidiaries.
Except for links to information authored by the Company, the Company is neither responsible for nor will it be liable under any theory based on
(i) any Linked Site;
(ii) any information and/or content found on any Linked Site; or
(iii) any site(s) linked to or from any Linked Site.
If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. The Company reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.
CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance with the laws of the State of Virginia, U.S.A., without reference to its conflict-of-law provisions. The Company makes no representation that the materials are appropriate or available for use outside the United States.
If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located in Fairfax County, Virginia for any disputes with the Company arising out of your use of this site.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Company and you with respect to this Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company with respect to this Site.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
MODIFICATIONS TO AGREEMENT
We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. The Company does not and will not assume any obligation to notify you of changes to this Agreement.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this Site, including but not limited to any consent you give to receive communications from the Company solely through electronic transmission.
When you register and or voluntarily provide your personally identifiable information to the Company, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, and communications concerning new products or services, or other records of correspondence from the Company. This consent is to receive notices electronically by way of email.
GIFT CARD PURCHASES
Cannot be redeemed for cash unless required by law. Cards expire one year from the purchase date. The COMPANY does not charge fees. All amounts on the COMPANY gift card are denominated in the currency of the country in which it was sold.
DISCLAIMERS & DISCLOSURES
Disclaimers & Disclosures
Last Update: February 2024
MEDICAL DISCLAIMER
This website does not provide medical advice or health advice
This website, including any text, images, graphics, and other materials (collectively referred to as "CONTENT"), is for informational purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment. If you have any questions about a medical condition, you should always consult with a qualified health provider, such as your physician. Do not disregard professional medical advice or delay seeking it because of something you read on this website.
Please note that using this website does not create a practitioner-client relationship between you and the COMPANY, or its licensors. This website does not provide medical diagnosis or treatment for any condition. You must consult with your own doctors to determine if the methods suggested on this website are appropriate for your individual situation and conditions.
FITNESS & HEALTH DISCLAIMER
The information contained on the SITE, including text, graphics, images, and other materials (referred to as "CONTENT"), is provided for informational purposes only. This CONTENT is not intended to replace professional [fitness or health] advice, diagnosis, or treatment. You should always consult with your physician or another qualified health provider for advice on any questions you may have about a [fitness or health] condition. Please do not disregard professional advice or delay seeking it because of something you have read on the SITE.
Please be advised that using the SITE does not establish a professional-client relationship between you and the COMPANY or its licensors. This SITE does not provide diagnosis or treatment for [fitness or health] conditions. You should consult your own healthcare provider to determine if the methodologies recommended on the SITE are appropriate for you and your specific condition.
AFFILIATE DISCLAIMER
Disclosure of material connection: Some of the links included in Site posts or pages are affiliate links. An affiliate link means that if you click on the link and purchase the item, I will receive an affiliate commission, paid by the company you purchased from. I only recommend products or services I use personally and believe will add value to my readers, customers, and Site visitors. This is disclosed in accordance with the Federal Trade Commission’s 16 CFR, Part 255 – Guides Concerning the Use of Endorsements and Testimonials in Advertising.
OUTCOMES DISCLAIMER
Any information shared regarding physical or therapeutic results that are published on COMPANY SITE are true and accurate; however there is NO GUARANTEE and NO WARRANTY that by using the COMPANY techniques, ideas, strategies, products or services that are presented on SITE that you will have similar or identical results. The examples that the COMPANY provides are just that – examples, and are not to be interpreted as a guarantee or promise of outcome.
Any information shared on the SITE is not to be interpreted as medical advice in any way. THE LEVEL OF SUCCESS THAT YOU OBTAIN IS DEPENDENT ON YOUR IMPLEMENTATION OF THE INFORMATION PRESENTED, PRE-EXISTING CONDITIONS, AND GUIDANCE FROM YOUR PHYSICIAN OR OTHER QUALIFIED MEDICAL and/or HEALTHCARE PRACTITIONER.
LIVE STREAM DISCLAIMER
If you participate in any live streaming activities with the COMPANY through third party providers, you are providing your consent for COMPANY to record and reuse the live streaming material in COMPANY'S sole discretion, including but not limited to, educational and marketing purposes, recorded videos (paid and unpaid), blog posts, and any other form of audio visual currently in operation (or yet to reach the market).
COMPANY in no way is obligated to compensate you for any portion of a comment, image, social proof, that you provide as part of your voluntary participation in live streaming platforms.
FORWARD-LOOKING STATEMENTS DISCLAIMER
COMPANY may provide forward-looking statements that fall within the Private Securities Litigation Reform Act of 1955. You can identify these statements by the words “anticipate,” estimate,” expect”, “project”, “intend”, “plan”, “believe”, and other words and terms of similar meaning used in connection with a description of potential earnings or financial performance.
ANY AND ALL FORWARD-LOOKING STATEMENTS ON SITE OR IN ANY OF COMPANY’S PROMOTIONAL MATERIALS ARE INTENDED TO EXPRESS COMPANY’S OPINION AND ARE CONSIDERED TO BE ACCURATE AT THE TIME THEY ARE WRITTEN. THE ACCURACY MAY CHANGE OVER TIME AND WITH THE CHANGING OF CIRCUMSTANCES.
FEDERAL TRADE COMMISSION (FTC) DISCLOSURE
Disclosure of Material Connection: Some of the links in the post above are “affiliate links.” This means if you click on the link and purchase the item, I will receive an affiliate commission. Regardless, I only recommend products or services I use personally and believe will add value to my customers. I am disclosing this in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”
MEMBERSHIP TERMS & RECURRING PAYMENT GUIDELINES
MyPTCare Membership Terms & Recurring Payment Guidelines
Last Updated: March 2024
PARTIES
This writing outlines the intended legal relationship between MyPTCare, LLC (the “COMPANY”) and you (the “MEMBER”). The writing (the “AGREEMENT”) is intended to govern and control your purchase of the MyPTCare Exclusive Membership product (the “MEMBERSHIP”) from the COMPANY.
The COMPANY and the MEMBER are the intended parties (the “PARTIES”) to this AGREEMENT.
ACCEPTING THESE TERMS
As the MEMBER, you are entering into a legally binding agreement with the COMPANY, a Virginia Limited Liability Company according to the following terms and conditions, when you do any of the following:
- COMPLETING INITIAL PAYMENT FOR THE MEMBERSHIP
- Exchange of monetary means not required for payment in the case that a gift card and or coupon is used at time of initial payment
With this acceptance, the PARTIES agree that any individual, associate, and or assign are bound by the terms of this AGREEMENT.
COMPANY’S SERVICES
This AGREEMENT is executed and valid, when MEMBER accepts these terms.
The terms of this AGREEMENT are binding on any additional goods and or services supplied by COMPANY to MEMBER.
The scope of services provided by COMPANY according to this AGREEMENT are limited to those listed as part of the MEMBERSHIP. COMPANY reserves the right to substitute services equal to or comparable to the MEMBERSHIP for the MEMBER if the need arises, without prior notice.
CONFIDENTIALITY
The term “Confidential Information” means INFORMATION WHICH IS NOT GENERALLY KNOWN TO THE PUBLIC RELATING TO THE MEMBER’S BUSINESS OR PERSONAL AFFAIRS.
COMPANY agrees not to disclose, reveal, or make use of any Confidential Information learned of through its transactions with MEMBER during discussions and interactions with MEMBER, or otherwise, without the written consent of MEMBER..
COMPANY shall keep the Confidential Information of the MEMBER in strictest confidence and shall use its best efforts to safeguard the MEMBER’S Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft.
The COMPANY’S privacy policy, terms of use, disclaimers, and disclosures also apply to how COMPANY collects, uses, stores, and who has access to any personally identifiable information supplied by the MEMBER due to enrollment in the MEMBERSHIP.
NO TRANSFER OF INTELLECTUAL PROPERTY
COMPANY’S copyrighted and original materials are provided to the MEMBER for his, her, or their INDIVIDUAL USE ONLY and under a limited single-user license.
MEMBER is not authorized to use any of COMPANY’S intellectual property, trademarks and or copyrights, for any purpose. MEMBER is not authorized to share, copy, distribute, or otherwise disseminate any materials received from COMPANY electronically, or otherwise without the prior written consent of the COMPANY.
ALL INTELLECTUAL PROPERTY, INCLUDING COMPANY’S COPYRIGHTED COURSE MATERIALS SHALL REMAIN THE SOLE PROPERTY OF THE COMPANY. NO LICENSE TO SELL OR DISTRIBUTE COMPANY’S MATERIALS IS GRANTED OR IMPLIED.
PROFESSIONAL EXPECTATIONS
To the extent that MEMBER interacts with COMPANY staff and or other members, MEMBER agrees to behave professionally, courteously, and respectfully with staff and members at all times. MEMBER agrees that failing to follow course rules is cause for termination of this AGREEMENT. In the event of such a termination, MEMBER is not entitled to recoup any amounts paid and remains responsible for all outstanding amounts of the FEE.
USE OF MEMBERSHIP MATERIALS
- With acceptance of this AGREEMENT, MEMBER gives consent to recordings being made of the MEMBERSHIP.
- COMPANY reserves the right to use, at its sole discretion, the following: MEMBERSHIP materials, videos, audio recordings, and materials submitted by MEMBER (in the context of the MEMBERSHIP); for future lecture, teaching, and marketing materials, and further other goods/services provided by COMPANY, without compensation to the MEMBER.
- MEMBER consents to its name, voice, and likeness being used by COMPANY for future lecture, teaching, and marketing materials, and further other goods/services provided by COMPANY, without compensation to the MEMBER.
MEMBERSHIP + COMMUNITY
LIVE CALLS & CALL RECORDINGS
As part of the MEMBERSHIP, the COMPANY may provide live calls, webinars, web casts, or any other audio or visual interaction known or yet unknown.
The COMPANY reserves the right to record any and all of its offered calls, webinars, web casts, and or any other method of hosting and recording an interaction with you and to reuse, redistribute, repurpose, or any other method that COMPANY decides to use as part of its business.
As a MEMBER, when you access and or participate on a call, webinar, online video conferencing, web casts, or any other method known or not yet known with the COMPANY as part of the MEMBERSHIP, you grant the COMPANY a non-exclusive, limited use, worldwide license to your voice, likeness, and or words without compensation to you now or at any time in the future.
EMAIL SUPPORT
The COMPANY provides email support as part of the MEMBERSHIP as outlined here:
- Members may send up to 4 emails per month for support and guidance
- More than 4 emails per month, may trigger feedback from management via email
- We will do our best to reply to emails within 48 hours
- Please ask general physical therapy and health & wellness related questions
- Please DO NOT ASK specific medical questions, for this Membership does not indicate a Practitioner-Patient relationship
COMMUNITY
As part of the MEMBERSHIP, the COMPANY provides access to the MyPTCare Private Community. Access and responsibilities are outlined in the group terms available within the MEMBERSHIP.
MEMBER CONTRIBUTED CONTENT
The COMPANY values the engagement and contribution of the MEMBER in the MEMBERSHIP.
When the MEMBER contributes, participates, or engages in any way with the MEMBERSHIP:
- By submitting or posting any materials or content as part of the MEMBERSHIP, the MEMBER grants the COMPANY a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials.
- MEMBER represents, warrants and covenants that any content, including but not limited to text, images, videos, music is not committing copyright infringement.
- MEMBER represents, warrants and covenants that any content provided does not contain libelous or otherwise unlawful, abusive or obscene material.
- The COMPANY has MEMBER’S permission to use any MEMBER submitted content without incurring obligations of confidentiality, attribution or compensation to MEMBER.
- All MEMBER contributed content is subject to the terms set forth below and in our standard Terms and Conditions, which include our policy regarding copyright infringement;
The COMPANY reserves the right not to post MEMBER content if it contains any of the following types of content or violates other guidelines.
By way of example, and not as a limitation, MEMBER agrees that when contributing content, MEMBER will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of other MEMBERS; ;
- Use obscenities, discriminatory language, or other language not suitable for a public forum;
- Post advertisements, “spam” content, or references to other products, offers, or websites;
- Post email addresses, URLs, phone numbers, physical addresses or other forms of contact information;
- Post unduly critical or spiteful comments of other content posted on the page or its authors;
- Post files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights or have expressly received all necessary consents;
- Post files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;
NO RESALE OF SERVICES PERMITTED
MEMBER agrees not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purpose, any portion of the MEMBERSHIP including materials, use of the MEMBERSHIP, or access to the MEMBERSHIP. This AGREEMENT is not transferable or assignable without the COMPANY’S prior written consent.
PAYMENT SCHEDULE
MEMBER agrees to pay COMPANY the stated fee (the “FEE”) according to the payment terms:
- According to the Payment Schedule and the payment plan selected by MEMBER (the “FEE”) at time of purchase, or
- As otherwise noted in this AGREEMENT.
PAYMENT FEE
Upon reasonable notice (no less than forty-five (45) calendar days, the COMPANY may raise or lower the FEE that the MEMBER is responsible for. The COMPANY will provide the means for the MEMBER to cancel the MEMBERSHIP, if the MEMBER does not agree to the change in FEE.
PAYMENT MONTHLY SUBSCRIPTION
By purchasing a Monthly Subscription, MEMBER agrees that the MEMBERSHIP has an initial and automatic recurring monthly payment. MEMBER may cancel at any time.
To cancel the MEMBERSHIP, the MEMBER is required to:
- Email MyPTCare Support at: [email protected]
After MEMBER cancels MEMBERSHIP, the MEMBER has access to the MEMBERSHIP until the end of the currently paid for payment period.
PAYMENT ANNUAL SUBSCRIPTION
By purchasing an Annual Subscription, MEMBER agrees that the MEMBERSHIP has an initial payment and recurring annual payments.
To cancel the MEMBERSHIP, the MEMBER is required to:
- Email MyPTCare Support at: [email protected]
After MEMBER cancels MEMBERSHIP, the MEMBER has access to the MEMBERSHIP until the end of the currently paid for payment period.
REFUNDS
At acceptance of this AGREEMENT, MEMBER is responsible for the full FEE. If MEMBER decides to cancel or otherwise not participate and or use the materials available to the MEMBER, the COMPANY DOES NOT PROVIDE ANY REFUND FOR ANY REASON TO THE MEMBER.
CHARGEBACKS & PAYMENT SECURITY
COMPANY is authorized to charge MEMBER’S payment method(s)for any unpaid charges on the dates agreed to in the Payment Schedule above.
MEMBER shall not make any chargebacks to COMPANY’s account or cancel the payment method(s) provided as security without COMPANY’s prior written consent. MEMBER is responsible for any fees associated with recouping payment and collection fees associated with the chargeback. MEMBER may change payment method(s) using methods provided by the COMPANY.
CONTROLLING AGREEMENT
In the event of any conflict between the provisions contained in this AGREEMENT, any marketing materials used by COMPANY, COMPANY’S representatives, or employees, the provisions in this AGREEMENT control.
ENTIRE AGREEMENT
This AGREEMENT is the entire AGREEMENT between the PARTIES and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. Modification to this AGREEMENT is only accomplished in a writing signed by both PARTIES.
LIMITATION OF LIABILITY
By using COMPANY’S services and enrolling in the MEMBERSHIP, MEMBER releases COMPANY, its officers, employees, directors, and related entities from any and all damages that may result from participation in the MEMBERSHIP.
The MEMBERSHIP provides general information for the purpose of wellness, fitness, health screenings, health promotion and education, and for the prevention of impairments, functional limitations, and disabilities. MEMBER accepts any and all risks, foreseeable or unforeseeable arising from the MEMBERSHIP.
Regardless of the previous paragraph, if COMPANY is found to be liable, COMPANY’s liability to MEMBER or to any third party is limited to the lessor of:
(a) The total amount of money MEMBER paid to COMPANY in the one month prior to the action giving rise to the liability, or
(b) 60% of the purchase price
All claims against the COMPANY must be filed with the entity having jurisdiction within 90 calendar days of the date of the first claim or otherwise be forfeited forever. MEMBER agrees that COMPANY will not be held liable for any damages of any kind resulting or arising from, including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of COMPANY’s services or enrollment in the MEMBERSHIP.
MEMBER agrees that use of COMPANY’S MEMBERSHIP is at MEMBER’S own risk.
FORCE MAJEURE
In the event, either party is unable to perform its obligations under the terms of this AGREEMENT because of acts of god, epidemics, pandemics, shutdowns (local, state, or federal), strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
TERMINATION
The COMPANY may cancel or terminate the MEMBER’S MEMBERSHIP if the MEMBER is
(1) behind in payment, or
(2) otherwise in default of this AGREEMENT.
After reasonable attempts to collect the FEE or update payment information, the COMPANY may cancel or terminate the MEMBER’S MEMBERSHIP.
MEMBER understands that reactivation is not guaranteed at any previous payment plans with the COMPANY.
After cancellation or termination, the MEMBER will not have access to the MEMBERSHIP beyond any time already paid for.
DISCLAIMER OF GUARANTEE
MEMBER ACCEPTS AND AGREES THAT HE, SHE, OR THEY ARE FULLY RESPONSIBLE FOR PROGRESS AND OR RESULTS FROM THE MEMBERSHIP. COMPANY makes no representations or guarantees verbally or in writing regarding performance of this AGREEMENT other than those specifically stated. COMPANY and its affiliates disclaim the implied warranties of titles, merchantability and fitness for a particular purpose. COMPANY makes no guarantee or warranty that the MEMBERSHIP will meet MEMBER’S requirements or that all MEMBERS will achieve the same results.
MEDICAL DISCLAIMER
THE COMPANY DOES NOT PROVIDE MEDICAL ADVICE OR HEALTH ADVICE
The COMPANY’S website (www.MyPTCare.com) and its contents, including any text, images, graphics, and other materials (collectively referred to as "CONTENT"), is for educational and informational purposes only. The CONTENT is not a substitute for professional medical advice, diagnosis, or treatment. If you have any questions about a medical condition, you should always consult with a qualified health provider, such as your physician. Do not disregard professional medical advice or delay seeking it because of something you read on this website.
Please note that using this website does not create a practitioner-patient relationship between you and the COMPANY, or its licensors. This website does not provide medical diagnosis or treatment for any condition. You must consult with your own doctors to determine if the methods suggested on this website are appropriate for your individual situation and conditions.
The scope of the SERVICE provided by the COMPANY to you is as follows:
Although the principal of COMPANY is a licensed physical therapist, health and wellness services are NOT physical therapy or any licensed service. These health and wellness services are provided to the public (defined as a community or group of people as a whole) for the purpose of:
(i) wellness, fitness, and health screenings;
(ii) health promotion and education;
(iii) prevention of impairments, functional limitations, and disabilities;
(iv) sports performance improvement; and
(v) evaluation and consultation related to workplace or home ergonomics
CHOICE OF LAW/VENUE
This AGREEMENT is governed and interpreted in accordance with the laws of the State of Virginia without giving effect to any principles of conflicts of law.
The PARTIES agree to submit any dispute or controversy arising out of, or relating to this AGREEMENT to arbitration in the State of Virginia, Fairfax County according to the rules of the American Arbitration Association. The arbitration is binding upon the PARTIES and their successors in interest. The prevailing party may collect all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this AGREEMENT.
SURVIVABILITY
The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of Fees owed set forth in this AGREEMENT, and any other provisions that by their sense and context the PARTIES intend to have survive, shall survive the termination of this AGREEMENT for any reason.
SEVERABILITY
If any of the parts or provisions contained in this AGREEMENT are interpreted as invalid or unenforceable only that part or provision is affected. The invalidity or unenforceability does not affect the other parts or provisions of the AGREEMENT.
COMMUNITY GUIDELINES
MyPTCare Community Guidelines
Last Updated: March 2024
Joining the Community
By joining the COMMUNITY (also referred to as “us”), you're agreeing to follow the COMPANY’S (also referred to as “our”) guidelines, which are designed to foster a respectful, inclusive environment.
[if you are testing out whether you’d like to even offer a community group, then use this verbiage to give yourself an easy out should you need it] The COMPANY makes no promises or guarantees as to the duration that this COMMUNITY is available. If the COMPANY decides to end access to the COMMUNITY, it is not required to provide notice to you and may do so at its sole discretion.
Guidelines on Sharing and Promotions
Feel free to share content that adds value, including promotions relevant to our interests. However, all promotions must be shared responsibly and transparently, especially when it involves affiliate marketing.
Only share promotions if they're allowed. Follow any specific rules we have for them [insert rules here]
Promotions in our community refer to sharing information about products, services, events, or activities, typically with the intent of gaining visibility or driving engagement. This can include advertising your own business, sharing affiliate links, or highlighting an event you're passionate about. Self-promotion specifically refers to actions taken by individuals to promote their own endeavors, skills, or creations. While we welcome the sharing of resources and opportunities that may benefit the group, it's important that such promotions are done thoughtfully, in line with community guidelines, and without overwhelming the conversation. Our aim is to maintain a balance where members can discover useful products or services without feeling bombarded by advertisements.
Privacy and Confidentiality
What is shared here, stays here. Confidentiality is extremely important to us. Please do not disclose personal or sensitive information shared within the community without explicit permission. This includes discussions, AI-generated insights, and any shared resources. Please refrain from using any information you may access through the community to exploit or infringe upon the legal rights of others.
Respectful Interaction
Treat each other with kindness and respect. Bullying, harassment, or any form of disrespect will not be tolerated.
In our community, respectful behavior means treating each other with kindness, empathy, and understanding. It involves listening to others, offering support, and being constructive in your feedback. It's about celebrating our differences and learning from each other. Bullying or mean behavior, on the other hand, includes any actions or words intended to hurt, humiliate, or ostracize someone. This could be through insults, spreading rumors, aggressive behavior, or excluding others. Our community is a no-tolerance zone for such actions, and we are committed to maintaining a safe, inclusive space where everyone feels valued and respected.
Intellectual Property and Creativity
Honor the creativity and rights of others. Always credit original creators, and be mindful of sharing copyrighted material.
In our community, while we encourage the sharing of ideas and creativity, it's important to remember that this is a public space. Sharing your evolving ideas is fine, but be aware that once shared publicly, they can't be legally protected in the same way as keeping them private. It's crucial to respect the boundary between being inspired by others' ideas and outright taking them. If you've been privy to someone's unique idea or project in this space, honor their intellectual effort by not claiming it as your own. This principle ensures our community remains a safe and respectful environment for creative exchange.
Engagement and Feedback
Your contributions and feedback are welcome, provided they are constructive and aimed at enriching our community.
Use of Affiliate Links
Affiliate marketing is a type of performance-based marketing where an individual (the affiliate) earns a commission for marketing another person's or company's products or services. It's done by sharing a unique affiliate link that tracks sales or referrals.
In our community, affiliate links are allowed under the following conditions:
- They must be relevant to the conversation and provide value to the members.
- Full disclosure is required. You must clearly state that your post contains affiliate links.
- Excessive posting of affiliate links is discouraged. Focus on contributing to the community rather than just promoting.
Affiliate links are not allowed when:
- They promote irrelevant or inappropriate products or services.
- They are shared without clear disclosure that they are affiliate links.
- The primary intent is self-promotion without offering genuine value to the community members.
This approach ensures transparency, maintains trust within our community, and allows members to support each other while being informed about affiliate relationships.
Breaking the Rules
Failure to follow these guidelines may lead to removal from the community. We are dedicated to maintaining a safe, supportive, and enriching environment for all members. The COMPANY reserves the right to promptly and without prior notice remove any individual from the COMMUNITY if it determines that the person has violated one or more terms of the AGREEMENT.
PRIVATE CLIENT: 1-1 CONSULTATION
Private Client: 1-1 Consultation
Terms of Agreement
Last Update: APRIL 2024
PARTIES
This writing (the “AGREEMENT”) outlines the intended legal relationship between My PT Care, LLC (the “COMPANY”, “COMPANY’S”) and you (the “BUYER”, “you”, “your”, “his”, “her”, “their”) and is intended to govern and control your purchase of services (the “SERVICE”, “SERVICES”) including but not limited to appointments and work in the nature of:
- individual: COMPANY and you,
- group: COMPANY, you, and other buyers of the same or similar offer,
- synchronous: COMPANY and you are working with each other synchronized,
- asynchronous: COMPANY and you are working with each other unsynchronized,
- coaching or consulting
The COMPANY and the BUYER are the intended parties (the “PARTIES” referring to COMPANY and BUYER, “PARTY” referring to either COMPANY or BUYER) to this AGREEMENT.
ACCEPTING THESE TERMS
As the BUYER, you are entering into a legally binding agreement with the COMPANY, a Virginia based Limited Liability Company (LLC) according to the following terms and conditions, when you do any of the following:
- completed purchase of any of the COMPANY’S offers
With this acceptance, the PARTIES agree that any individual, associate, and or assign are bound by the terms of this AGREEMENT.
COMPANY’S SERVICES
This AGREEMENT is executed and effective, when BUYER accepts the terms of this AGREEMENT. The COMPANY agrees to provide the work related to the SERVICE.
- Details are decided and determined by the PARTIES and listed in SCHEDULE A to this AGREEMENT
The terms of this AGREEMENT are binding on any additional goods and or services supplied by COMPANY to BUYER.
The scope of work provided by COMPANY according to this AGREEMENT is limited to those listed on SCHEDULE A. COMPANY reserves the right to substitute work equal to or comparable to the SERVICE for the BUYER if the need arises, without prior notice.
If COMPANY needs to outsource work related to the SERVICE, and or provide substitute individuals for work related to the SERVICE, the COMPANY will notify the BUYER about the change or modification.
CANCELLATIONS
BUYER agrees to COMPANY’S cancellation policy as follows:
- BUYER may cancel scheduled SERVICE appointments within 24 hours of the appointment,
- BUYER must reschedule all cancellations within eight (8) weeks from date of original purchase,
- All cancellations are handled through the scheduling provider provided by the COMPANY to the BUYER,
- the COMPANY does not cancel and or reschedule for the BUYER,
- the COMPANY may cancel at any time any scheduled SERVICE appointments,
- the COMPANY notifies BUYER of any cancellations via the scheduling provider provided by the COMPANY,
- any cancellations initiated by the COMPANY may be rescheduled within eight (8) weeks from the date of cancellation.
CONFIDENTIALITY
All content discussed during the SERVICE will remain confidential between the parties. Both the COMPANY and the BUYER agree not to disclose any information shared between PARTIES to any third parties, except as required by law or as authorized in writing by both parties.
INTELLECTUAL PROPERTY
COMPANY’S copyrighted and original materials are provided to the BUYER for your INDIVIDUAL USE ONLY and under a limited single-user license.
BUYER is not authorized to use any of COMPANY’S intellectual property, trademarks and or copyrights, for any purpose. BUYER is not authorized to share, copy, distribute, or otherwise disseminate any materials received from COMPANY electronically, or otherwise without the prior written consent of the COMPANY.
INTELLECTUAL PROPERTY WITHIN A WORK-FOR-HIRE CONTEXT
In the event that the AGREEMENT includes any work-for-hire SERVICE, the PARTIES agree that the SERVICE provided is a work-for-hire arrangement.
As such, the BUYER owns any and all intellectual property resulting from the SERVICE provided by COMPANY to BUYER. Under no circumstances will the COMPANY attempt to legally register any intellectual property developed and or created as a result of this AGREEMENT.
PROFESSIONAL EXPECTATIONS
To the extent that BUYER interacts with COMPANY staff and or other COMPANY clients, BUYER agrees to behave professionally, courteously, and respectfully with staff and clients at all times.
BUYER agrees that failing to follow the terms of this AGREEMENT, and or any additional instructions provided by COMPANY in relation to the SERVICE, is cause for termination of this AGREEMENT.
In the event of such a termination, BUYER is not entitled to recoup any amounts paid and remains responsible for all outstanding amounts of the FEE.
PAYMENT
Full payment must be made before the SERVICE. Pricing and duration of appointments may vary and is chosen by BUYER at the time of purchase. BUYER is responsible for ensuring payment is made using the accepted payment methods provided by the COMPANY. Failure to provide payment may result in the appointment being canceled or rescheduled.
BUYER agrees to pay COMPANY for the SERVICE according to the option chosen at time of purchase (the “FEE”).
REFUNDS
All payments are non-refundable.
Once payment is made, BUYER waives the right to request a refund. In the case of cancellations and or reschedules, BUYER may reschedule without any penalty payment. Refunds will not be provided for any reason, including dissatisfaction with the consultation or any results obtained from the consultation.
CHARGEBACKS & PAYMENT SECURITY
When you provide the COMPANY with credit card details to cover the FEE, COMPANY is permitted to charge the card for unpaid amounts according to the payment terms in this AGREEMENT.
You must not initiate chargebacks or modify your card details without the COMPANY'S prior written approval. Any fees incurred in retrieving payment and chargeback collection fees are your responsibility.
TERMINATION
If BUYER is (1) behind in payment, or (2) otherwise in default of this AGREEMENT, then full payment is immediately due and BUYER is barred from using any of COMPANY’S services.
COMPANY is allowed to immediately collect the full FEE from BUYER and stop providing further services to BUYER.
CONTROLLING AGREEMENT
In the event of any conflict between the provisions contained in this AGREEMENT, any marketing materials used by COMPANY, COMPANY’S representatives, or employees, the AGREEMENT controls.
ENTIRE AGREEMENT
This AGREEMENT is the entire AGREEMENT between the PARTIES and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. Modification to this AGREEMENT is by a written instrument executed by both PARTIES.
LIMITATION OF LIABILITY
By purchasing the SERVICE, you release the COMPANY, its officers, employees, directors, and related entities from any and all damages that may result from your participation in the SERVICE.
You accept any and all risks, foreseeable or unforeseeable arising from this AGREEMENT.
Regardless of the previous paragraph, if COMPANY is found to be liable, COMPANY’S liability to you or to any third party is limited to the lessor of:
(a) The total FEE you paid to COMPANY in the one month prior to the action giving rise to the liability, or
(b) Thirty (30) percent of FEE paid on the purchase triggering the claim.
All claims against the COMPANY must be filed with the entity having jurisdiction within 90 days of the date of the first claim or otherwise be forfeited forever.
You agree that the COMPANY will not be held liable for any damages of any kind resulting or arising from, including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse or enrollment in the SERVICE.
You agree that use of the SERVICE is at your own risk.
FORCE MAJEURE
In the event, either PARTY is unable to perform its obligations under the terms of this AGREEMENT due to acts of god, epidemics, pandemics, shutdowns (local, state, or federal), strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such PARTY shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
DISCLAIMER OF GUARANTEE
YOU ACCEPT AND AGREE THAT YOU ARE RESPONSIBLE FOR PROGRESS AND RESULTS FROM THE SERVICE.
YOU ACCEPT AND AGREE THAT YOU ARE A VITAL ELEMENT TO THE SUCCESS ACHIEVED FROM THE SERVICE AND THAT COMPANY CANNOT CONTROL THE OUTCOME OR RESULTS ACHIEVED.
COMPANY makes no representations or guarantees verbally or in writing regarding performance of this AGREEMENT other than those specifically stated. COMPANY and its affiliates disclaim the implied warranties of titles, merchantability and fitness for a particular purpose. COMPANY makes no guarantee or warranty that the SERVICE will meet your requirements or that all buyers will achieve the same results.
CHOICE OF LAW
This AGREEMENT is governed and interpreted in accordance with the laws of the State of Virginia without giving effect to any principles of conflicts of law.
The PARTIES agree to submit any dispute or controversy arising out of, or relating to this AGREEMENT to arbitration according to the rules of the AGREEMENT’S jurisdiction’s arbitration association. The arbitration is binding upon the PARTIES and their successors in interest. The prevailing PARTY may collect all reasonable legal fees from the non-prevailing PARTY in order to enforce the provisions of this AGREEMENT.
SURVIVABILITY
The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of FEE owed set forth in this AGREEMENT, and any other provisions that by their sense and context the Parties intend to have survive, shall survive the termination of this AGREEMENT for any reason.
SEVERABILITY
If any portion of this AGREEMENT is interpreted as invalid or unenforceable only that portion is affected. The invalidity or unenforceability does not affect the other parts or provisions of the AGREEMENT.
SCHEDULE A
The scope of the SERVICE provided by the COMPANY to you is as follows:
Although the principal of COMPANY is a licensed physical therapist, health and wellness services are NOT physical therapy or any licensed service. These health and wellness services are provided to the public (defined as a community or group of people as a whole) for the purpose of:
(i) wellness, fitness, and health screenings;
(ii) health promotion and education;
(iii) prevention of impairments, functional limitations, and disabilities;
(iv) sports performance improvement; and
(v) evaluation and consultation related to workplace or home ergonomics
MEDICAL DISCLAIMER
THE COMPANY DOES NOT PROVIDE MEDICAL ADVICE OR HEALTH ADVICE
The COMPANY’S website (www.MyPTCare.com) and its contents, including any text, images, graphics, and other materials (collectively referred to as "CONTENT"), is for educational and informational purposes only. The CONTENT is not a substitute for professional medical advice, diagnosis, or treatment. If you have any questions about a medical condition, you should always consult with a qualified health provider, such as your physician. Do not disregard professional medical advice or delay seeking it because of something you read on this website.
Please note that using this website does not create a practitioner-patient relationship between you and the COMPANY, or its licensors. This website does not provide medical diagnosis or treatment for any condition. You must consult with your own doctors to determine if the methods suggested on this website are appropriate for your individual situation and conditions.
NOTICE & RELEASE OF ONLINE EXERCISE CLASSES
Notice & Release of Online Exercise Classes
Last Update: February 2024
Safety First: Your safety is our top priority. Always listen to your body and exercise within your limits. If you feel any discomfort or pain, please stop immediately and seek medical advice if necessary
Participant Responsibility: You are responsible for ensuring that you are physically fit and able to participate in this class. We recommend consulting with a healthcare professional before starting any new exercise program, especially if you have any pre-existing health conditions or concerns.
General Nature of Exercises: The exercises provided in this class are general and may not be suitable for everyone. Our class is designed to cater to a broad audience and may not take into account your individual health needs or fitness level.
Environment and Equipment: Please ensure that you have a safe, clear space to exercise and any necessary equipment is in good condition and suitable for use.
RECORDING NOT ALLOWED
Prohibition of Unauthorized Recordings: As a participant in this event, you acknowledge and agree that the recording, in whole or in part, of any aspect of the event through any means whatsoever, is strictly prohibited. This prohibition extends to all forms of recording, including but not limited to, audio, video, photographic, and digital recordings. The company hosting this event reserves the exclusive right to produce, distribute, or otherwise make available any recordings of the event. Any recordings made available to participants will be at the sole discretion of the company and distributed through channels expressly authorized by the company. Violation of this policy will result in immediate removal from the event and may lead to further legal action, including but not limited to, claims for damages and injunctive relief.
By participating in this class, you acknowledge and agree to these terms, in addition to any other terms provided as part of your purchase. Enjoy your workout!
TELEHEALTH & REMOTE WELLNESS POLICIES
Telehealth & Remote Wellness Policies
Last Update: February 2024
Patient Consent Section
Understanding Telehealth: Telehealth involves the use of electronic communications and technology to provide and receive Physical Therapy services remotely. This method enables patients to receive care from the comfort of their own home or another chosen location, rather than in a traditional, in-person clinical setting.It is important to understand that telehealth services are conducted online, utilizing digital communication tools such as video conferencing, telephone calls, or other electronic means. While offering convenience and flexibility, telehealth does not replicate a physical, in-person therapy session.
Consent to Receive Telehealth Services: By signing this form, I acknowledge that I have read and understood the nature of telehealth services as described above. I am aware that these services are provided remotely, using digital communication technology, and are not conducted in person. I voluntarily consent to participate in Physical Therapy services via telehealth. I understand that while telehealth offers certain advantages, it also carries some inherent limitations compared to traditional in-person sessions. I agree to engage in telehealth sessions and understand the responsibilities and protocols associated with receiving care in this manner. I have had the opportunity to ask questions about the nature and benefits of telehealth, and all my questions have been answered to my satisfaction. I hereby provide my informed consent to participate in telehealth physical therapy sessions as part of my treatment plan.
Privacy Policy
Compliance with Privacy Laws: We are committed to protecting the privacy and confidentiality of your health information. Our telehealth services are fully compliant with all applicable privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA) in the United States. We adhere strictly to these regulations to ensure that your personal and medical information is safeguarded throughout your telehealth experience.
Storage, Use, and Protection of Patient Data:
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Data Storage: All personal health information provided by you, including but not limited to medical history, treatment plans, and session notes, is stored securely in compliance with legal standards. Our digital records are protected with industry-standard encryption and security measures to prevent unauthorized access.
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Use of Information: Your health information will only be used to provide you with high-quality care and to manage our healthcare operations. This may include, but is not limited to, diagnosis, treatment planning, and follow-up care. Your information will not be shared with any third party without your explicit consent, except as required by law or as necessary to provide you with healthcare services.
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Protection During Telehealth Sessions: To ensure privacy during telehealth sessions, we use secure, encrypted video conferencing and communication tools. We also implement administrative, physical, and technical safeguards to protect your information from unauthorized access, alteration, or improper disclosure during these sessions.
By consenting to receive telehealth services, you acknowledge and agree to the terms of this privacy policy. You understand that while we employ robust measures to protect your privacy, the nature of electronic communication inherently carries some level of risk, and we cannot guarantee absolute security.
Telehealth Service Specifics
Telehealth technology is an integral part of providing remote Physical Therapy services. Our platform includes secure, user-friendly video conferencing tools that allow for real-time interaction between you and your Physical Therapist. To participate in telehealth sessions, you will need access to a reliable internet connection, a computer or mobile device with a camera and microphone, and a private, quiet space. Detailed instructions on accessing and using our telehealth platform will be provided upon scheduling your session. Please be aware that while telehealth can be highly effective, it may not be equivalent to direct, in-person treatment in every aspect.
Emergency Procedures
In the event of a technological failure or interruption during a telehealth session, please immediately contact us at [email protected] . We have established protocols to swiftly address and resolve technical issues to minimize disruption to your session. Additionally, in case of a medical emergency during a session, it is crucial to contact local emergency services immediately by calling 911. As telehealth does not allow for direct physical intervention, we recommend having an emergency contact nearby during your sessions.
Liabilities and Disclaim
By participating in telehealth services, you acknowledge the inherent risks associated with electronic communication, including but not limited to privacy concerns and potential for technical difficulties. While we strive to maintain the highest standards of care and security, we cannot guarantee that telehealth services will be uninterrupted or error-free. Additionally, you understand that telehealth may not be as complete as face-to-face services and may not be appropriate for all types of conditions. You agree to hold harmless our practice and staff for issues arising from the use of telehealth technology that are beyond our control.
COOKIE POLICY
Cookie Policy
Last Updated: February 2024
This Cookie Policy and Data Privacy Practices (“Policy”) applies to the website www.MyPTCare.com (“Website”) owned and operated by My PT Care, LLC (“Company”). By accessing or using our Website, you agree to the terms of this Policy.
TYPES OF COOKIES
Cookies are small text files that are placed on your device (computer, smartphone, tablet) when you visit a website. Cookies help us to improve your user experience and to analyze how our Website is used.
We use the following types of cookies:
Functional cookies: These cookies are necessary for the website to function properly and to provide you with the services you requested, such as remembering your preferences or login details.
Analytical cookies: These cookies collect information about how visitors use our Website, such as which pages they visit most often or which links they click on. This information is used to improve the website's functionality and to optimize our services.
Marketing cookies: These cookies are used to deliver relevant advertisements to you based on your interests. They may also be used to limit the number of times you see an ad and to measure the effectiveness of an advertising campaign.
Third-party cookies: These cookies are placed by third-party services on our Website, such as social media plugins or advertising networks. These cookies may collect information about your online activities over time and across different websites.
PURPOSE AND BENEFITS OF COOKIES
We use cookies to:
- Provide you with a personalized experience on our Website.
- Remember your preferences and settings.
- Improve our Website's functionality and performance.
- Analyze how our Website is used.
- Deliver relevant advertisements to you.
- Measure the effectiveness of our advertising campaigns.
HOW TO OPT OUT OF CERTAIN TYPES OF COOKIES
You can opt-out of certain types of cookies by changing your browser settings. You can also use opt-out tools provided by some third-party advertising networks. Please note that disabling cookies may affect the functionality of our Website.
To learn more about how to manage cookies, please visit www.cookie-script.com
COLLECTION, USE, AND STORAGE OF USER DATA
We collect and use your personal data to provide you with the services you requested and to improve our Website's functionality and performance. We may also use your data for marketing purposes with your consent.
We collect the following types of data:
- Contact information, such as your name and email address.
- Demographic information, such as your age and gender.
- Usage data, such as which pages you visited and how long you stayed on our Website.
We store your data for as long as necessary to provide you with the services you requested or as required by law. We may share your data with third-party vendors or services that help us to provide our services, such as hosting providers or email marketing services.
YOUR RIGHTS
You have the right to access, correct, or delete your personal data. You also have the right to object to the processing of your data for marketing purposes or to withdraw your consent at any time.
To exercise your rights, please contact us at: [email protected]. We will respond to your request as soon as possible and in compliance with applicable data protection laws.
CHANGES TO THIS POLICY
We may update this Policy from time to time to reflect changes in our data privacy practices. We encourage you to review this Policy periodically for any updates. Your continued use of our Website after we post any modifications to the Policy will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Policy.
COOKIE DECLARATION REPORT
CONTACT US
If you have any questions or concerns about this Policy or our data privacy practices, please contact us at: [email protected]
DIGITAL MILLENNIUM COPYRIGHT ACT (DCMA) NOTICE
Digital Millennium Copyright Act (DMCA) Notice
Last Updated: February 2024
My PT Care, LLC respects the intellectual property rights of others just as it expects third parties to respect its rights. Pursuant to Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), a copyright owner or their agent may submit a takedown notice to us via our DMCA Agent listed below. As an online service provider, we are entitled to claim immunity from said infringement claims pursuant to the “safe harbor” provisions of the DMCA. To submit a good faith infringement claim to us, you must submit notice to us that sets forth the following information:
NOTICE OF INFRINGMENT - CLAIM
- A physical or electronic signature of the copyright owner (or someone authorized to act on behalf of the owner);
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the infringing material to be removed, and information reasonably sufficient to permit the service provider to locate the material. [Please submit the URL of the page in question to assist us in identifying the allegedly offending work];
- Information reasonably sufficient to permit the service provider to contact the complaining party including your name, physical address, email address, phone number and fax number;
- A statement that the complaining party has a good faith belief that the use of the material is unauthorized by the copyright agent; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
Title 17 USC §512(f) provides civil damage penalties, including costs and attorney fees, against any person who knowingly and materially misrepresents certain information in a notification of infringement under 17 USC §512(c)(3).
Send all takedown notices to the following. Please send by email for prompt attention to: DMCA Manager at [email protected]
COUNTER-NOTIFICATION - RESTORATION OF MATERIALS
If you have received a notice of material being takedown because of a copyright infringement claim, you may provide us with a counter-notification in an effort to have the material in question restored to the site. Said notification must be given in writing to our DMCA Agent and must contain substantially the following elements pursuant to 17 USC Section 512(g)(3):
- Your physical or electronic signature.
- A description of the material that has been taken down and the original location of the material before it was taken down.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to jurisdiction of any judicial district in which the service provider may be found), and that you will accept service of process from the person or company who provided the original infringement notification.
- Email your counter notice to: [email protected]
REPEAT INFRINGER POLICY
My PT Care, LLC takes copyright infringement very seriously. Pursuant to the repeat infringer policy requirements of the Digital Millennium Copyright Act, My PT Care, LLC maintains a list of DMCA notices from its copyright holders and makes a good faith effort to identify any repeat infringers on this list pursuant to the safe harbor requirements of the DMCA.
MODIFICATIONS
My PT Care, LLC reserves the right to modify the contents of this page and its policy for handling DMCA claims at any time for any reason. You are encouraged to check back to review this policy frequently for any changes.