Terms of Use & Service | Direct PhysioHealth

TERMS OF USE & SERVICES

TERMS OF USE

This page sets out the terms of use of this Website located at https://directphysiohealth.com, which is owned and operated by Direct PhysioHealth, LLC. or Direct PhysioHealth. It incorporates the following page by reference: Privacy Policy

In addition, if you pay for information or advice from us (including in the form of a treatment program), your relationship with us will also be governed by the Terms of Service, which will override the Terms of Use to the extent of any inconsistency.

Consent

You signify your consent to these Terms by using this Website. We may alter these Terms by making changes to this web page at our discretion and without notice. By continuing to use this Website you accept these Terms as they apply from time to time.

Purpose and nature of our free content

a. Not personal treatment: Our free content is intended as general information only. It is not intended to be comprehensive, and must not be relied upon as a substitute for "in person" physical therapy or other medical treatment. You should organize a personal consultation with a suitably qualified medical professional before acting or relying on any free content.
b. No guarantee of currency: We attempt to ensure that our free content is current and based on the latest research and industry practice as at the date of initial publication, but we do not guarantee its currency.

Our legal relationship with you

a. No duty of care: We do not assume any duty of care in relation to you or any other third party by providing the free content.
b. No practitioner/client relationship: Mere use of this Website or free content is not intended to, and does not, create a practitioner-client relationship between you and us.

Liability

To the maximum extent permitted by law, we exclude any liability to you for any loss, damage, claims or costs (whether indirect, incidental, special, consequential or otherwise), including those associated with;

a. loss of business, income or profits;
b. pain and suffering;
c. the need to obtain medical treatment or rehabilitation or equipment;

resulting from the use of this Website. To the maximum extent possible, this exclusion applies to liability, loss or damage arising under in tort, contract, negligence, under statute or otherwise.

Where liability cannot be excluded, any liability incurred by us in relation to the use of this Website or the free content is limited to the re-supply of the services or the free content.

Trademark ownership

Direct PhysioHealth, LLC. and Direct PhysioHealth are trademarks belonging to Direct PhysioHealth, LLC., and we reserve all rights with respect to that mark.

All free content is subject to copyright. Where copyright for materials on this Website is not owned by us, it has been included on the Website under a license from the owner or lawful licensee. Except as provided below, you must not use, copy or reproduce any free content (including graphics) in any way without our express written permission.

Use the information on this website

Subject to the "Unauthorized use" clause, you are given a non-exclusive license, revocable at will, to copy and reproduce faithfully any blog post or part of any free content for personal or commercial use, providing you:

a. display the title of the blog post; and
b. preserve the copyright notice ([Relevant Year] ©Direct PhysioHealth, LLC. or ©Direct PhysioHealth);
c. where the blog post is reproduced on the World Wide Web, include a link back to the specific blog entry or the home page of this Website (https://www.directphysiohealth.com); or, in all other cases; and
d. display the domain name of this Website (directphysiohealth.com).

Unauthorized use

You must only use this Website for legitimate personal purposes. In particular, you must not:

a. interrupt, or attempt to interrupt, the operation of this Website in any way;
b. alter or attempt to alter any free content;
c. attempt to gain access to any password protected user account on the Website which is not intended for use by you;
d. gain access, or attempt to gain access, to any private data, personal information or software code stored on the servers used by this Website; or
e. attempt to damage or commercial interests in any way.

Security and enforcement measures

We reserve the right to:

a. limit or deny your access to this Website or your ability to make comments if, in our opinion, you breach these Terms; and
b. collect and store your IP address for the purpose of enforcing these Terms.

Any unauthorized interruption or alteration is likely to result in criminal prosecution and/or civil action.

Links from this Web Site

Our Website contains links to other websites over which we have no control. We make no representations about the accuracy of information contained on those websites. We are not liable for the content on those websites, and if you choose to access those websites, you do so at your own risk.

TERMS OF SERVICE

We agree to provide the physical therapy and wellness services to you on the terms set out in this Agreement. This page represents the entire understanding between the Parties, and - except for those terms implied by law and which cannot be excluded and any other terms specifically incorporated by reference - no other terms apply.

CONSENT

You signify your consent to this Agreement by purchasing any therapy services from the web site. We do alter this Agreement from time to time, and you must review this document before each purchase.

If you are under 18 years of age, you must provide us with the written consent of your parent or guardian, who must also agree to -

be bound by this Agreement;
provide proper supervision in relation to the provision of information to us; and
provide proper supervision in relation to your use of our physical therapy and wellness services

PURPOSE AND NATURE OF OUR PHYSICAL THERAPY & WELLNESS SERVICES

You acknowledge that -

no online service is a perfect substitute for an "in person" consultation with a physical therapist or wellness provider; and
we are unable to guarantee that our treatments will result in a cure of your particular complaint or condition. We recommend treatments that we believe are likely (based upon our experience and training) to be effective, but we cannot guarantee results.

SUITABILITY OF OUR PHYSICAL THERAPY & WELLNESS SERVICES

It may become obvious to us that our physical therapy or wellness services are not suitable for you. In these circumstances, we will not provide these services to you. Instead, we will refund to you any money paid, and will suggest an alternative course of action.

PROVISION OF INFORMATION BY YOU

You acknowledge that in delivering our physical therapy and wellness services, we are completely reliant upon the information that you provide us. In this regard, you agree to provide us with:

accurate and complete information in response to our online questionnaires and any follow up questions which we ask of you; and
any information which could reasonably be expected to be relevant to your condition or treatment.

PROVISION OF ADVICE BY US

We agree to provide you with a document containing your treatment or wellness program or other requested information by email within two business days of request.

USING OUR PHYSICAL THERAPY & WELLNESS SERVICES

a. Full understanding required: You must not implement our treatment program or act on any advice unless you fully understand it. Please ask any questions before implementing any treatment or wellness program or acting on any advice provided by us.

b. Cessation: You must immediately cease using our treatment or wellness program and cease acting upon any advice give by us if you experience any pain or discomfort. In these circumstances, you must contact us as soon as possible.

c. Third persons: You must not provide our treatment or wellness program to any other person. We assume no duty of care in relation to any third persons.

LIABILITY

a. Statutory Terms: The laws in force in Illinois and New York and the United States imply certain terms into contracts between consumers and businesses. These include warranties that our services are to be delivered with due care and skill, and that they are reasonably fit for the purposes for which they are intended. Such terms form part of this Agreement, and no part of this Agreement is intended to to exclude, restrict or modify those terms or our liability to you for breach of those terms.

b. Exclusion: Subject to sub-clause (a) above and our obligation under any law not to exclude or restrict our liability to you, we exclude all liability to you which is related in any way to your use of our physical therapy and wellness services -

of whatever nature (whether any indirect, incidental, special or consequential loss or damage or otherwise, including loss of business or other profits); and
however arising (whether through the law of negligence or tort generally, breach of contract, breach of statutory duty or otherwise).

c. Limitation: Where liability cannot be excluded under sub-clause (b) above, any liability incurred by us in relation to our physical therapy and wellness services is limited to the amount paid by the user for the services rendered.

PRIVACY

The Privacy Policy located here forms part of this Agreement.

GOVERNING LAW

This Agreement is governed by the laws in force in the States of Illinois and New York, and you submit to the jurisdiction of the courts in those States.

DEFINITIONS

In this document and the documents incorporated by reference, the following terms have the following meanings unless the context clearly requires otherwise:

"Agreement" means the terms and conditions of purchasing our physical therapy and wellness services as set out in this document and the documents incorporated by reference;

"Business Days" means any day other than a Saturday or a Sunday or a day declared a national or public holiday;

"Direct PhysioHealth, LLC. and "Direct PhysioHealth" means us;

"Physical therapy services" means any physiotherapy provided by us in return for a fee including any assessment, diagnosis, advice or treatment program;

"Wellness services" means any wellness or health service, not including physical therapy services, provided by us in return for a fee; and

"Website" means the web site located at the domain "directphysiohealth.com" and on all sub-domains, folders and sub-folders on this domain.

INTERPRETATION

In this document, unless the context clearly requires otherwise:

The terms "we", "us" and "our" are references to are provided via this web site, which is owned and operated by Direct PhysioHealth, LLC. and its successors and assignees.
Words defined in the singular have the corresponding meaning in the plural;
Reference to a "person" includes a reference to a corporation, association or other entity;
Reference to a "written request" means a request submitted to us by email or by fax or using the "Contact" information on the Website;
Reference to the "Parties" means both you and us; and
All monetary amounts are expressed in US dollars.

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