This website (“Site”) is owned by Define Physical Therapy, LLC, doing business as Dr. Peppers Physical Therapy (“Company”).

By accessing, using and browsing the Site, you accept, without limitation or qualification, this Terms of Use Agreement each time you use our Site.  In addition, you are agreeing to the terms in our Privacy Policy available at [insert the URL for your privacy policy page after you set it up].  Some of the content and/or services on our Site are hosted by Kajabi, a third-party platform (hereinafter “Kajabi”).  Therefore, please also review the Kajabi Terms of Service at https://kajabi.com/policies/terms and Privacy Policy at https://kajabi.com/policies/privacy which also governs the pages of this Site that are connected to that platform.

This Terms of Use Policy requires the use of arbitration on an individual basis to resolve disputes instead of a jury trial, which limits the remedies available to you in the event of a dispute.  By using our Site, you understand that you are waiving certain legal rights and are voluntarily agreeing to do so.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.

“Company”, “We”, “Our”, or “Us” means Define Physical Therapy, LLC, doing business as Dr. Peppers Physical Therapy.   

“Content” or “Program” means any and all written, visual, video, or audio information contained on the Site or provided as a link to our Content on other platforms/sites, including, but not limited to, blog posts,  graphics, newsletters, designs, documents, information, templates, coaching guides, e-books, forms, membership materials, webinars and other instructional videos, photographs and exercise instructions/programs regardless of whether they are in a viewable, downloadable or access to a streaming form.  Content includes Content for specific Member categories or programs, if any.

“You” or “Your” means a Visitor, User, or Customer, or Member of the Site.

“Visitor” or “User” means any individual, including Members, who accesses any Content on the Site, whether the Content is free or paid.

“Customer” means any individual who has purchased Content from us on the Site, including Members.

“Member” means a User or Customer who has signed up for a package of “Member Benefits” offered through our site under specific terms and conditions of the Member category or program. 

“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, address, email address, telephone number, credit card information, site behavior, etc.

Member or User License Granted.  A “Member” or “User” of our Site is someone who has been granted access through a non­exclusive, non­transferable, revocable license to access and use our Site and Content strictly in accordance with this Agreement. 

Our Services.  Company has developed proprietary educational products and services (hereinafter “Content”) offered through our Site.  We also provide physical therapy services to VA and D.C. residents. 

Program Description.  Company has developed proprietary educational programs (hereinafter “Content” or “Program”) on core strengthening, exercise and fitness programs for kids.  The educational Program consists of educational videos and associated resources.  When you purchase the Program/Content, you will be granted access to the Program/Content on our Teachables site.  You will have access to the program for 2 months.  This time will not be expanded for any time that the Teachables platform might be down for maintenance or otherwise unaccessible. 

Your Use of Our Site. Your use of our Site and Content are solely for internal, personal, non­commercial purposes, unless otherwise provided in this Agreement.  Your User access or Membership is not transferable or assignable and is intended solely for Users who are at least age 18 years of age or older.  By using our Website and/or Program, you represent and warrant that you are 18 years or older or you have parental/guardian consent to access and use our Program.  Any use of or access to our Site is unauthorized, unlicensed and in violation of these Terms of Use.

License Grant.  If you purchase a Membership or Content on our Site, Company grants to you a non-exclusive, non-transferable license to access the Content through link to streaming content, a download or grant of access to a webpage on our Site through your unique log-in.  For some products, the Content may be distributed to you by email.  The license granted to you is subject to the Intellectual Property Rights clause below.  Some products and services may have additional terms stated on the description of the product, which are incorporated into this Terms of Use Agreement by reference.  

Platform Provider Terms of Use.  Our training and education programs are provided through the Kajabi platform.  By participating in our education program through this platform, you  agree to the  Terms of Service Agreement incorporated into this Agreement by reference and available at https://kajabi.com/policies/terms and Privacy Policy available at https://kajabi.com/policies/privacy.

Our Relationship to You (Medical Disclaimer).  The Content on our Site is intended for educational purposes only.  Our Site and Content are not intended to provide individualized medical or rehabilitation advice.  Your use of our Site and Content does not constitute a patient-provider relationship.  By using our Site and Program, you agree that you do not have any medical conditions that might put you at risk if you implement any of the suggestions or exercises in our Content.  If you have any medical conditions, you agree to obtain medical clearance from your personal physician, physical therapist or other appropriate health care provider before implementing any suggestions or exercises provided in our Content. You further understand that the information provided on our Site and in our Content is by no means complete or exhaustive, and that as a result, such information does not encompass all conditions, disorders, or dysfunctions that may occur. Any use of our Content, including but not limited to exercise suggestions or instructions, is at your own risk. Always seek the advice of your own physician, physical therapist, dietician and/or mental health provider regarding any questions or concerns you have about your specific health problems or any medications, herbs or supplements you are currently taking and before implementing any information or suggestions on our Site or in our Content. Do not disregard medical advice or delay seeking medical advice because of information you have accessed on our Site or in our Content. Do not start or stop taking any medications without speaking to your own physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly.

WE RECOMMEND THAT YOU SPEAK WITH YOUR DOCTOR, PHYSICIAN, PHYSICAL THERAPIST, OR ANY APPROPRIATE QUALIFIED HEALTH CARE PROVIDER OR HEALTH PROFESSIONAL BEFORE PARTICIPATING IN ANY PROGRAMS.  ANY INSTRUCTIONS AND ADVICE PRESENTED ARE IN NO WAY A SUBSTITUTE FOR PROFESSIONAL TESTING, INSTRUCTION, OR TRAINING.  ALL INFORMATION, TEXT, IMAGES, VIDEOS, CONTENT, AND OTHER MATERIALS  IN THIS DOCUMENT, ON DEFINE PHYSICAL THERAPY, LLC (DOING BUSINESS AS “DR. PEPPERS PHYSICAL THERAPY”) WEBSITE, OR ON DR. PEPPERS PT ONLINE TRAINING WEBSITE ON KAJABI.COM IS INTENDED FOR EDUCATIONAL PURPOSES ONLY. ANY DOCUMENT, WEBSITE,  TEXT, IMAGES, VIDEOS, CONTENT, AND OTHER MATERIALS ARE NOT INTENDED TO AND DOES NOT CONTAIN OR PROVIDE INDIVIDUALIZED MEDICAL OR REHABILITATION ADVICE. YOUR USE OF ANY DOCUMENT AND CONTENT DOES NOT CONSTITUTE A PATIENT-PROVIDER RELATIONSHIP. BY USING ANY DOCUMENT AND CONTENT, YOU AGREE THAT YOU DO NOT HAVE ANY MEDICAL CONDITIONS THAT MIGHT PUT YOU AT RISK IF YOU IMPLEMENT ANY OF THE SUGGESTIONS OR EXERCISES IN ANY DOCUMENT. IF YOU HAVE ANY MEDICAL CONDITIONS, YOU AGREE TO OBTAIN MEDICAL CLEARANCE FROM YOUR PERSONAL PHYSICIAN, PHYSICAL THERAPIST OR OTHER APPROPRIATE QUALIFIED HEALTH CARE PROVIDER OR HEALTH PROFESSIONAL BEFORE IMPLEMENTING ANY SUGGESTIONS OR EXERCISES PROVIDED IN ANY DOCUMENT, ON DEFINE PHYSICAL THERAPY, LLC (DOING BUSINESS AS “DR. PEPPERS PHYSICAL THERAPY”) WEBSITE, OR ON DR. PEPPERS PT ONLINE TRAINING WEBSITE ON KAJABI.COM. YOU FURTHER UNDERSTAND THAT THE INFORMATION PROVIDED IN ANY DOCUMENT, ON DEFINE PHYSICAL THERAPY, LLC (DOING BUSINESS AS “DR. PEPPERS PHYSICAL THERAPY”) WEBSITE, OR ON DR. PEPPERS PT ONLINE TRAINING WEBSITE ON KAJABI.COM IS BY NO MEANS COMPLETE OR EXHAUSTIVE, AND THAT AS A RESULT, SUCH INFORMATION DOES NOT ENCOMPASS ALL CONDITIONS, DISORDERS, OR DYSFUNCTIONS THAT MAY OCCUR. ANY USE OF ANY DOCUMENT OR INFORMATION  ON DEFINE PHYSICAL THERAPY, LLC (DOING BUSINESS AS “DR. PEPPERS PHYSICAL THERAPY”) WEBSITE, OR ON DR. PEPPERS PT ONLINE TRAINING WEBSITE ON KAJABI.COM INCLUDING BUT NOT LIMITED TO EXERCISE SUGGESTIONS OR INSTRUCTIONS, IS AT YOUR OWN RISK. ALWAYS SEEK THE ADVICE OF YOUR OWN PHYSICIAN, PHYSICAL THERAPIST, DIETICIAN AND/OR MENTAL HEALTH PROVIDER REGARDING ANY QUESTIONS OR CONCERNS YOU HAVE ABOUT YOUR SPECIFIC HEALTH PROBLEMS OR ANY MEDICATIONS, HERBS OR SUPPLEMENTS YOU ARE CURRENTLY TAKING AND BEFORE IMPLEMENTING ANY INFORMATION OR SUGGESTIONS IN ANY DOCUMENT, ON DEFINE PHYSICAL THERAPY, LLC (DOING BUSINESS AS “DR. PEPPERS PHYSICAL THERAPY”) WEBSITE, OR ON DR. PEPPERS PT ONLINE TRAINING WEBSITE ON KAJABI.COM. DO NOT DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF INFORMATION YOU HAVE ACCESSED IN ANY DOCUMENT, ON DEFINE PHYSICAL THERAPY, LLC (DOING BUSINESS AS “DR. PEPPERS PHYSICAL THERAPY”) WEBSITE, OR ON DR. PEPPERS PT ONLINE TRAINING WEBSITE ON KAJABI.COM . DO NOT START OR STOP TAKING ANY MEDICATIONS WITHOUT SPEAKING TO YOUR OWN PHYSICIAN, NURSE PRACTITIONER, PHYSICIAN ASSISTANT, MENTAL HEALTH PROVIDER OR OTHER HEALTH CARE PROFESSIONAL. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL OR MENTAL HEALTH ISSUE, CONTACT YOUR OWN HEALTH CARE PROVIDER PROMPTLY.

 

Testimonials. You also acknowledge that all customer testimonials found on our Site are strictly the opinion of that person and any results such person may have achieved are solely individual in nature and your results may vary.  Any and all current or past-client testimonials, statements, or examples used by us or posted by individuals on our Site are not guarantees that you will also experience or receive the same results. You understand that such information is based upon personal experience and is not a substitute for obtaining professional medical advice.

Not Telemedicine, Medical or Physical Therapy Advice Disclaimer.  Some of our educational offerings, whether free or paid sessions, may include a live online meeting or exercise session with you or a group of participants.  These live sessions are not intended to be a telemedicine or telehealth sessions and are not intended to provide medical or physical therapy advice.  Group or individual exercise sessions, if any, are intended to be general, not prescriptive exercises, and not for any therapeutic purpose. If we demonstrate exercises or answer questions by participants during such sessions, it is not considered physical therapy or medical advice and does not establish a therapist-patient relationship with you.  Any responses we provide to specific questions are intended to be hypothetical and educational only.

Recorded Sessions.  We may record some online sessions and post the session on our website.  We will advise you in advance before recording the session so you can determine whether or how you wish to participate. If we advise you that we are recording audio and/or video during the session and you participate, allowing your image to be seen or your voice to be heard by other participants, you are consenting to our posting of your image and/or comments on our website or for any other use at our discretion.  If you do not want your comments to be part of the recording, you should not make the comment during the live session.  If you do not want your image to be included in a group exercise session or other meeting, please do not turn on your video camera. 

Contact Page.  Our website allows you to send messages to us through our Site.  You should be aware that transmissions through our Site utilizing our Contact Us page may not be unencrypted.  Therefore, if you initiate contact with us through our Contact page, you are accepting the inherent risks that unencrypted correspondence poses related to privacy and security and giving us permission to use your personal information to respond to you.  We recommend, therefore, that you only provide as much personal information as necessary to describe why you are contacting us. 

 

Scheduling through our Site.  We use the Intake Q plug-in on our Site for the scheduling of appointments.  When you voluntarily use this feature on our Site, Intake Q’s Privacy Policy applies to the data you enter in addition to this Privacy Policy.  Intake Q’s Privacy Policy is available at https://intakeq.com/privacy.  If you don’t agree to the terms of Intake Q’s Privacy Policy, you should not use this scheduling feature on our Site.

 

User Access to On-line Purchases.  When you purchase a course, membership, product or service you will set up a Username and Password that will allow you to access your purchase or your purchase will be emailed to you. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password.  You agree to immediately notify us of any authorized use of your password or any other breach of security.

Prohibited Uses.  You are prohibited from using the Site and its Content   (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website.

You also must not use the Site or any part of it to transmit or send unsolicited commercial communications or for any marketing purposes without our express written consent.

Right to Terminate.  We reserve the right to limit your use of the Site and/or the Content or to terminate your account should we determine, in our sole discretion, that you have violated any of the prohibited uses or any other terms in this Agreement.  In addition, we reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information. 

Payment and Purchases.  When you purchase or download Content from us or the Site you will be directed to our payment processing vendor.  By doing so, you give us permission to automatically charge you for payment. You will receive an electronic receipt for your records. If your payment method fails or is otherwise declined, your purchase will be canceled and/or your access to purchased Content terminated.  In the event you receive the product or service before your payment is declined, you will still be responsible for the full costof your purchase.

We do not accept any chargeback threats (real or threatened). If any chargebacks are placed on a purchase or download of Content, we will report said incident to the major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so, and you would like to have this report removed from your credit report, please contact us to arrange for the payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.

 

Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.

 

You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your purchase or use of our Site and its content.

 

Refunds.  We will do everything within our ability and within reason to ensure your satisfaction, but we generally do not provide refunds once access to the Content has been made available to you.  If any Content or membership has specific refund policies, it will be stated so in the description of the program or membership service.

 

Intellectual Property Rights.  You agree that the Site itself, as well as all educational content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by the Company and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide, if any. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, modified or used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the 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.

Your License to Us.  If you post or submit to us any creative ideas, inventions or suggestions for our Content or services, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you. This does not apply to personal information otherwise subject to any confidentiality requirements under law or this Agreement.

Digital Millennium Copyright Act of 1998.  The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any of the materials appearing on this Web site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright.  In accordance with the DMCA, Company has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Company at the address in the Contacting Us section below.

Third-Party Links and Affiliate Relationships.  Third-party links on our Site, whether posted by us or other Users, may direct you to third-party websites that are not affiliated with us.  We may also offer suggestions on our Site for products or services that are sold by other vendors by providing a link to vendor’s website where the product or service can be purchased.  We offer such links primarily as a convenience to you, though we may have an affiliate relationship with one or more of such vendors , which means we may earn a small commission if you purchase the product or service through the link we provide.  Any suggested websites or links provided is not an endorsement, sponsorship or approval of that website or its content even if we have an affiliate relationship with the vendor.  We are not responsible for examining or evaluating the content or accuracy of such products and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Consent to Receive Communications.  When you purchase Content, a Membership, or register as a visitor on our Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.  You may opt-out of receiving such communications by clicking the “Unsubscribe” button on the communication or by contacting us at the address in the “Contact Us” section below. 

Your Personal Information.  The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system, whether password protected or not, can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Therefore, if you submit or post comments on our Site you understand that the formation you post will not be encrypted.  Use of the Site is completely at your own risk.

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, which can be found at http://drpepperspt.com/privacy-policy/.If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.

WARRANTIES DISCLAIMER.  NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE CONTENT/MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH CONTENT/MATERIALS, THE SUITABILITY OF SUCH CONTENT/MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY DOES NOT WARRANT THAT ACCESS AND USE OF THE CONTENT AND SITE WILL BE CONTINUOUS OR UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE CONTENT/MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER, INCLUDING, FOR EXAMPLE, YOUR WEB SERVICE PROVIDER SERVICE, PAYMENT PROCESSING SERVICES, YOUR SOFTWARE AND/OR ANY UPDATES OR UPGRADES TO THAT SOFTWARE. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION.  

Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.

Technology Disclaimer. We try to ensure that the availability and delivery of our Website and its Content is uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Website or its Content become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Website or its Content inaccessible to you.

Release of Liability and Indemnification.  You agree to indemnify and hold the Company and its directors, officers, employees, agents and assigns 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.

Waiver of Right to Pursue Class Action Claims.  You agree to only resolve disputes with use on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.  Unless we both agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

 

Dispute Resolution and Arbitration

If a dispute arises between us, you agree to submit to binding arbitration before a single arbitrator, selected jointly in accordance with the American Arbitration Association Rules.  Before seeking arbitration, however, you agree to submit your concerns to us in writing by certified mail, return receipt requested, at the address in the Contact Information section below at least sixty (60) days prior to requesting arbitration so we can try to resolve your issue without resorting to arbitration.  Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having jurisdiction. By agreeing to this Privacy Policy through the use of our Site, you are agreeing to a modification of the applicable statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission or other conduct complained of and submitted to us through certified mail or it shall otherwise be forfeited forever.  You also agree that arbitration shall be held in Alexandria City County, Virginia. 

Third Party Beneficiaries.  The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Governing Law and Jurisdiction.  This agreement shall be governed by and construed in accordance with the laws of the State of VA, without giving effect to any principles of conflicts of law.  If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Contacting Us.  If you have any questions or concerns about this Terms of Use Agreement or our practices, please contact us at:

Define Physical Therapy, LLC

Attn:  Craig Peppers

P.O. Box 11932

Alexandria, VIRGINIA 22312

 

Changes.  Company reserves the right, at its sole discretion, to modify or replace any part of this Agreement.  It is your responsibility to check this Agreement periodically for changes.  Your continued use of or access to this Site following the posting of any changes to this Terms of Use constitutes acceptance of those changes.  Company may also, in the future, offer new services and/or features through the Site. Such new features and/or services shall be subject to the terms and conditions of this Terms of Use Agreement.

Last Updated:  12/26/2022