Terms of Service

    

Terms of Service 

ACCEPTANCE
Welcome to www.accountablephysicaltherapy.com (the Site). This page (Notice) states the Terms of Service (TOS) of the Site. By using the Site, you acknowledge acceptance of and agree to be bound by the terms and provisions of the TOS. If you do not accept the TOS or any subsequent modifications thereto, your only recourse is to immediately discontinue use of the Site. We reserve the right, at our sole discretion, to change, supplement or amend this TOS as it relates to your future use of the Site from time to time, for any reason, and without any prior notice or liability to you or any other person or entity. You may not change, supplement, or amend this TOS in any manner. 

THIS AGREEMENT GOVERNS YOUR USE OF THE SITE AND THE CONTENT, INFORMATION AND SERVICES PROVIDED THROUGH THE SITE. EACH TIME YOU USE THE SITE, THIS AGREEMENT AS IT THEN READS WILL GOVERN YOUR USE. 

ELIGIBILITY
The Site may be accessed and used only by individuals who have: (a) reached the age of majority in their jurisdiction of residence and can form legally binding contracts under applicable law; and (b) accepted this TOS Agreement. We reserve the right to prevent, cancel or suspend your access to the Site at any time with or without notice. This may be due to a violation of these TOS or for any other reason at our sole discretion. 

WEBSITE USERS
The website is intended solely for use by individuals seeking to find resources to improve their knowledge and awareness of healthy living that include but are not limited to exercise design and programming, suggested nutritional guidance and reference to third party resources that may assist in providing further information on how one may improve their health. If individuals are seeking further services, they must undergo a complete physical therapy evaluation in order to design and implement a personal three component health and fitness program through accountablephysicaltherapy.com, it will be the sole responsibility of those individuals to contact accountablephysicaltherapy.com via the web site to obtain and complete a waiver and liability release form, health history form and obtain physicians consent as is applicable for participation in designed programs unless other wise stated in the waiver and liability of release form at which point fee for service will be assessed. Though it is the full intention of accountablephysicaltherapy.com to provide helpful programming to improve individuals health, at this point accountablephysicaltherapy.com accepts no responsibility for accident, injury or harm that may result from participation in any component of the designed program and the said client acknowledges and accepts any risks associated with the designed programming and will accept full responsibility of such risks that may result in accident, injury or harm. 

  

LINKS TO THIRD PARTY
The Site may have links, such as hyperlinks or buttons, directing access to third party's web sites (Linked Sites). The Linked Sites may not be controlled or monitored by the Site. The Site shall not be responsible for any materials, information, or content posted on the Linked Sites. The inclusion of the Linked Sites on the Site does not imply any relationship or association between the Site and the owner of the Linked Sites or any endorsement or sponsorship by the Site of the Linked Sites. The Site includes the Linked Sites solely for your convenience. You are solely responsible for your access of the Linked Sites. You shall use your own judgment, caution, and common sense in using the Linked Sites. 

OWNERSHIP AND TRADEMARK INFORMATION
All trademarks, service marks, and logos (the Marks) displayed on the Site are exclusive property of the Site and their respective owners. You shall not use the Marks in any manner without the Site's and their respective owners' prior written consent. You acknowledge and agree that the layout, design, concept and organization of the Site and its Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You shall not copy or adapt the code, HTML, Javascript, or otherwise, that the Site creates to generate its pages. 

DISCLAIMER
YOU ACKNOWLEDGE AND ACCEPT THAT: (A) YOU ASSUME ALL RISKS RELATED TO OR RESULTING FROM YOUR USAGE, VIEWING, OR ACCESS OF THE SITE. THE SITE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. (B) THE SITE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE. (C) THE SITE EXPRESSLY DISCLAIMS ALL WARRANTIES THAT (I) THE SITE AND ITS MATERIALS WILL BE ERROR-FREE OR VIRUS-FREE; (II) THE SITE WILL BE UNINTERRUPTED AND SECURE; (III) THE SITE WILL BE UNINTERRUPTED AND AVAILABLE AT ALL TIMES; (IV) THE SITE WILL MEET YOUR REQUIREMENTS; AND (V) THE RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY, OR TRUTHFULNESS OF ANY SUBMITTED MATERIALS. 

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. 

LIABILITY AND LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE SITE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR 

  

THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR THE SERVICE, FROM INABILITY TO USE THE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. 

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. 

INDEMNIFICA TION
You agree to indemnify, defend, and hold the Site, its officers, subsidiaries, affiliates, successors, directors, officers, agents, service providers, suppliers and employees, harmless from any claims or demands of any third party, including, but not limited to, attorneys' fees and legal fees, resulting from or arising out of your Use of the Site, your Submitted Materials, your violation of the TOS, your breach of any of the representations and warranties herein, or your violation of any rights of another. 

TERMINATION OF SERVICE
The Site has the right, in its sole discretion, to terminate any services of the Site and remove any Materials from the Site. The Site may also terminate your access to any part or all of the services provided by the Site at any time, with or without cause or notice, for any reasons. If you want to terminate your account, you may only cease your use of the Site. The Site shall not be responsible for maintaining or returning your Submitted Materials, your account, or your logon and password. You should always maintain a copy of your Submitted Materials. 

GENERAL
You agree that there is no employment, partnership, agency, or joint venture relationship between you and the Site arising out of or resulting from your Use of the Site. This Notice constitutes the entire agreement between you and the Site governing your Use of the Site, superseding any prior agreements between you and the Site. This Notice shall be governed by the laws of the State of Oregon and the laws of the state of California, United States of America, without regard to its conflict of law provisions. Jurisdiction for any claims arising under this agreement shall lie exclusively with the courts located within Lane County, Oregon. If any provision of the TOS is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the TOS, which shall remain in full force and effect. The failure of the Site to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. 

Accountable Physical Therapy a member of The Bennett Organization LLC 

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