PRIVACY POLICY
The basis of each customer relationship with GetPhysio-Solutions, LLC ("GetPhysio", "we", "our", or "us") is built on trust. You have chosen to do business with GetPhysio or utilize our Services as defined in the Terms of Service, and we guard that relationship with great care, beginning with the information you have chosen to share with us. The term "you" and "your" includes the person(s) or organization(s) accessing Our Sites, Apps, and other services and any of your subsidiaries, affiliates, employees and parent or legal guardian. We will only share your nonpublic personal information with others, as defined below.
GetPhysio, its partners, affiliates, and employees, are dedicated to protecting the privacy of your nonpublic personal information. We maintain information about you to provide you with the Services. We want you to understand our procedures for collecting this information, how we use it, and how we protect it.
This Privacy Policy describes our practices and your rights in connection with information that we collect, use, or disclose through our consumer-facing mobile application ("GetPhysio App"), our consumer-facing website ("www.getphysio.biz"), our online business management software products including mobile apps ("Service"), our social media pages, email messages that we send to you that link to this Privacy Policy, and any other products and services offered through any other venues, third-parties, websites, and mobile applications that direct you to this Privacy Policy, collectively the "GetPhysio Services".
This Privacy Policy applies to visitors and users of our website, www.getphysio.biz ("Site" or "Sites") and the GetPhysio mobile applications ("App" or "Apps") for your mobile device ("Device") and/or Services that we provide at no cost, Services that require payment of a fee, and prospective Customers. These Sites and Apps are not intended for the use by anyone under the age of eighteen (18), but parents or guardians may enroll minors in certain Services.
IF YOU DO NOT AGREE TO THE PRACTICES AS DESCRIBED HEREIN, DO NOT USE OUR SITE, APP OR SERVICES. When you access or use the GetPhysio Services, you agree to the terms and conditions of this Privacy Policy and that the information contained in this Privacy Policy serves as notice at or before the point of collection for all information collected as described below.
We may modify our policy from time to time and will post those modifications of our Sites and Services here. Each time you use the site, the latest version of the policy will be displayed and will apply.
How we collect nonpublic personal information:
You need not enroll or register with GetPhysio just to visit and view our Sites. We collect information from you from a variety of sources including directly from you to us, during your enrollment of our Services, by downloading the App, through your interactions, use, and experiences with the Services, or from an authorized third-party. We may also collect information when you call us, send us emails, and other applications or forms. We do not share your nonpublic personal information with third-parties, except third-parties that are performing services for us.
We may use cookies or similar technologies on our website. A cookie is a small text file stored on a user's computer for record keeping. We link the information we store in cookies to personally identifiable information you submit while on our website. We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period. You can remove persistent cookies by following directions provided in your Internet browser's help file. If you reject cookies, you may still use our Sites, but some abilities may be disabled. We also use third-party cookies which provides us with usage information regarding our site to administer and improve our Sites and the content on it.
Information we collect:
We may collect information about you from a variety of sources, including information we gather from you directly when you register or enroll (or are enrolled by an authorized third-party), use our Services, or view our Site, App, or our online advertisements. We may also gather information from other sources as described below.
GetPhysio and the third-parties we engage to perform analytics or advertising use cookies or similar technologies to administer and improve our Site and the content on it, including to track user movements around the Site, to gather usage information and statistics about how our Site is used, to permit users to log in or make purchases, to store user preferences, to customize content, and for marketing and advertising purposes. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our Site, but your ability to use some features or areas of our Site may be limited.
We gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.
We may combine the information we have automatically collected from you with other information we collect about you. We do this to improve the services we offer you, to improve marketing, analytics, or Site functionality, to develop new products and services, and to customize content and advertising to you.
In connection with the Site, for example during the enrollment process or upon log into your member portal, information about your computer, such as the device id and other accompanying technical attributes and characteristics, may be accessed, retained and used by us or our service provider to confirm device identification, verify your identity, and to authenticate your account.
We may obtain information about you from third-party sources, such as the companies we work with to provide service to you (i.e., our service partners), affiliates, and other companies that we acquire or merge with, data aggregators or public databases.
Information we collect directly from you, Information we collect when you visit our Site, and Information we collect from other sources:
Below are the kinds of information ("Personal Information") that we may collect from you.
*Technical data can include, but are not limited to the Electronic Serial Number ("ESN"), Mobile Equipment Identifier ("MEID") or International Mobile Equipment Identity ("IMEI") data; telephony data relating to Your network of choice, subscriber identity module ("SIM") operator name, SIM country; Your device serial number; Your carrier name; Your operating system ("OS") version; device model; performance and data usage, Central Processing Unit ("CPU") and memory consumption; other usage logs; battery status and battery usage patterns and power consumptions; lists of other installed applications; listing of types (i.e. Gmail, Yahoo, etc.) of other e-mail accounts configured to Your device; device information related to Your choice of settings for Your device such as Wi-Fi, Global Positioning System ("GPS") settings, Bluetooth setting; mobile device settings; screen brightness and roaming data; the names of email accounts configured to Your device; and other technical information GetPhysio may need to perform the Services.
Why we collect nonpublic personal information:
Collection of name, email, address, and date of birth are all required to obtain the records to use our Services. We collect this information, either directly from you online and offline, as well as other sources, such as from a third-party partner and/or affiliate to enroll you as an End User, customer, business, or Affiliate in the Services. This information is required to verify your business, charge you the agreed fees for our services, if applicable, and to fulfill our obligation to provide those services, such as identification verification companies, consumer reporting agencies, payment validation companies, or law enforcement agencies. While it is Your choice whether to provide the requested information or not, we cannot provide certain Services You request if You do not provide required Personal information.
How do we use your information?
*Sharing of these items can be limited by you. Please contact customer service for inquiries.
When and with whom we share your nonpublic personal information:
We may disclose nonpublic personal information about you directly to a third-party on your behalf to process or perform Services for you. To perform these services effectively, we must disclose your certain or all nonpublic personal information. The following would be examples of third-parties or service providers we would need to share information with:
We prohibit these third-parties by contract from using your personally identifiable information for any purpose other than to complete the delivery and performance of our Services.
Links to other sites:
GetPhysio Sites and App may contain links to other sites. GetPhysio does not share your nonpublic personal information with those websites and is not responsible for their privacy policy. We urge you to review the privacy policy of any site that might be used acquire your information. We cannot account for the usage of cookies on sites that have links on our website.
Third-Party Websites
Our Site and App may be linked to other web sites operated by one or more third-parties (collectively, "Third-Party Sites"). Certain areas of our Site and App may allow you to interact with Third-Party Sites and, in certain situations, you may be transferred to a Third-Party Site through a link, but it may appear that you are still on our Site or App. The Third-Party Sites may have different privacy policies and terms and conditions and/or business practices than we do, and your use of Third-Party Sites is governed by that Third-Party Site’s privacy policy and terms and conditions.
Your mobile device may contain third-party software and/or third-party applications which collect and transmit personal identifiable information or other technical Data. GetPhysio is not responsible for any personal identifiable information or other information which may be stored or transmitted by any such third-party software. GetPhysio is not responsible for any personal identifiable information or other information that You display publicly or that becomes publicly known as a result of Your actions.
How we protect your nonpublic personal information:
GetPhysio uses physical, electronic, and managerial procedures to safeguard the confidentiality and security of the information you provide us with. However, by using the Service(s) you understand and agree that perfect security of information does not exist and understand that there is a certain amount of risk in providing and receiving services over the Internet. You agree to use your Personal Information in a sensible way, and you will avoid irresponsibly disclosing information to those that could improperly use or disclose it. We do not disclose your nonpublic personal information except as described in this privacy notice. We limit access to your nonpublic personal information to individuals who are performing a business service directly related to you. We encrypt nonpublic personal information stored electronically. Any data we transmit over a private network will be sent via secure, encrypted channels.
EU privacy/data protection rights:
EU General Data Protection Regulation (GDPR) has provided the below rights, as of May 25, 2018, to the EU residents or those who are in the European Economic Area (EEA):
Right to access: You have the right to access (and obtain a copy of, if required) the categories of personal information that we hold about you, including the information’s source, purpose and period of processing, and the persons to whom the information is shared.
Right to rectification: You have the right to update the information we hold about you or to rectify any inaccuracies. Based on the purpose for which we use your information, you can instruct us to add supplemental information about you in our database.
Right to erasure: You have the right to request that we delete your personal information in certain circumstances, such as when it is no longer necessary for the purpose for which it was originally collected.
Right to restriction of processing: You may also have the right to request to restrict the use of your information in certain circumstances, such as when you have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
Right to data portability: You have the right to transfer your information to a third-party in a structured, commonly used and machine-readable format, in circumstances where the information is processed with your consent or by automated means.
Right to object: You have the right to object to the use of your information in certain circumstances, such as the use of your personal information for direct marketing.
Right to complain: You have the right to complain to the appropriate supervisory authority if you have any grievance against the way we collect, use or share your information. This right may not be available to you if there is no supervisory authority dealing with data protection in your country.
EU residents or those who are in the (EEA) can exercise these rights by raising a request directly at support@getphysio.biz. Requests will be responded to within 30 days.
California Privacy Rights under the CCPA and CCRA
This section only applies to residents of the State of California, USA, effective January 1, 2020.
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your Personal Information to third-parties for the third-parties’ direct marketing purposes. We may share your Personal Information with our affiliates for direct marketing, but we do not sell it to or share it with unaffiliated third-parties. You may request a list of our affiliates by contacting us at GetPhysio, Attn.: Operations, 176 Thompson Lane, Suite 201, Nashville, TN 37211. You may make one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for your response. Please allow up to thirty (30) days for a response.
Right to Delete Personal Information
You have the right to have your personal information deleted by GetPhysio upon your request. Please note, that some or all the Services may not be available to you should you delete or have GetPhysio delete certain personal information.
Social Media:
Our Sites may contain links to social media features, such as Facebook, Instagram, and LinkedIn. These features may collect your IP address and enable cookies.
Testimonials:
With consent, GetPhysio places customer testimonials on our website. It may be removed at any time at the request of the customer.
Marketing:
You may receive marketing materials from us, or our affiliates and partners. You have choices on communication you wish to receive from us. If you elect not to receive marketing and informational material from us we will honor your request, but we will continue to communicate with you as needed to provide the Services as necessary.
Access to your nonpublic personal information:
You will always have access to the information we have about you. If you would like to review your nonpublic personal information that GetPhysio may have, please contact our Support Team at (888) 509-9989 or email us at support@getphysio.biz. If you need to make changes to your nonpublic personal information, you may do so by logging into your account on our website or by calling the number previously listed. If you are not a member and want to know what Personal Information we have about you, you need to contact us in writing by postal mail with this request at the address set out in the "Contact Us" paragraph below. We will respond to your inquiry within thirty (30) business days. If you cancel your Services, we may retain your information in accordance with this section. We will retain your information as follows:
Our commitment to privacy:
GetPhysio communicates these privacy guidelines to all of our employees and agents. Our privacy statement is subject to change at any time. We encourage you to review our statement regularly for changes. If you have any questions about this policy, please email us at support@getphysio.bizor postal mail at:
GetPhysio-Solutions, LLC
Attn: Privacy Department
176 Thompson Lane, Suite 201
Nashville, TN 37211
If contacting us by mail, you must identify yourself and specify your request. You may be asked to provide additional information to verify your identity.
TERMS OF USE
THESE TERMS AND CONDITIONS (THE "TERMS") ARE A LEGAL CONTRACT BETWEEN YOU AND GetPhysio-SOLUTIONS, LLC ("COMPANY", "WE" OR "US"). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT THE URL: www.getphysio.biz , ALL RELATED SUBDOMAINS AND ALL ASSOCIATED WEBSITES LINKED TO www.getphysio.biz BY THE COMPANY (COLLECTIVELY, THE "WEBSITES"), AND ANY SOFTWARE THAT THE COMPANY PROVIDES TO YOU THAT ALLOWS FOR INSTALLATION AND USE ON A MOBILE DEVICE (EACH A "MOBILE APPLICATION"). UNLESS OTHERWISE SPECIFIED, ALL REFERENCES TO "SITE" INCLUDE THE CONTENT AND ALL SERVICES MADE AVAILABLE ON THE WEBSITES (THE "SERVICES"). BY USING THE SITE, ANY PART THEREOF, OR ANY OF OUR MOBILE APPLICATIONS, YOU ARE AGREEING TO ALL OF THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE, ANY SERVICES AVAILABLE THROUGH THE SITE OR ANY INFORMATION CONTAINED ON THE SITE, OR ANY OF OUR MOBILE APPLICATIONS.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO THE DISPUTES YOU MAY HAVE WITH THE COMPANY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
The company may make changes to the content and Services offered on or through the Site or Mobile Applications at any time. The Company can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on the Site. By continuing the use of this site or a mobile application after the company has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using or accessing the site and mobile applications immediately.
By completing the registration process, which requires your acknowledgment of these Terms, and/or downloading, and/or using this Site and/or a Mobile Applications, you represent, acknowledge and agree that (1) you have read, understand, and agree to be bound by this Agreement, (2) you are of legal age to form a binding contract with Company, and (3) you have the authority to enter into this Agreement personally or on behalf of the company you have named as the user, and to bind that company to the Agreement. You attest that You are at least 18 years of age, or if you are under 18 years of age but at least 13 years old (a "Minor"), that you are using the Site or Mobile Application with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Site or Mobile Application and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold the Company harmless if the Minor breaches any of these terms. If you are not at least 13 years old, you may not use the Site or our Mobile Applications at any time or in any manner or submit any information to the Company or the Site.
In accordance with the Federal Children’s Online Privacy Protection Act of 1988 ("COPPA"), the Company will never knowingly solicit, nor will it accept personally identifiable information from users known to be under thirteen (13) years of age.
The Company provides content through the Site and Mobile Applications that is copyrighted and/or a trademark of the Company or the Company’s third-party licensors and suppliers or other users of the Site and Mobile Applications (collectively, the "Materials"). Materials may include logos graphics, video, images, software, and other content.
Subject to these Terms, and your compliance with these Terms, the Company hereby grants you a limited, personal, non-exclusive, revocable, non-sublicensable and non-transferable license to use and to display the Materials and to use the Websites and Mobile Application solely for your personal use. Except for the foregoing license and as otherwise set forth herein, you have no other rights in the Site, Mobile Applications or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site, Mobile Applications or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically, and you must immediately destroy any downloaded or printed Materials.
The Company distributes Mobile Applications and Websites that permit users ("End Users") to create one universal End User profile ("End User Profile" that enables you to perform searches, schedule and pay for wellness services offered by participating businesses and independent practitioners who subscribe to our online business management software, ("GetPhysio Subscribers"), to order Services and to access certain information about GetPhysio and our offerings via a mobile device and/or Website. For the purposes of these Terms, End Users shall include users who may only visit Company Websites and/or Mobile Applications without creating an End User Profile as well as those who have registered on the Sites and/or Mobile Application. To use the Company Mobile Application, you must have a mobile device that is compatible with that Mobile Application. We do not warrant that the Mobile Application will be compatible with your mobile device. You acknowledge and agree that the availability of the Mobile Application is dependent on the third-party from whom you received the Mobile Application license, e.g., the Apple App Store or Google Play ("App Store"). The Company hereby grants you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased by you, solely for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that we may, from time-to-time, issue upgraded versions of the Mobile Application and may automatically electronically update the version of the Mobile Application that you are using on your mobile device. You consent to such automatic updating on your mobile device and agree that the Terms will apply to all such update. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and the Company and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application. To use the Mobile Application, you must have access to a wireless network, and you agree to pay all fees, if applicable, associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Mobile Application. You agree to comply with, and your license to use the Mobile Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Mobile Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce them.
The Mobile Applications include and make use of certain functionality and services provided by third-parties that allow the Company to provide maps, geocoding, places and other content. If the Mobile Application you install includes geolocation services from Google, Inc. ("Google"), use of such geolocation Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth (incorporated herein) and by using such services, you are agreeing to be bound by Google’s Terms of Use.
You need not register with the Company to simply visit and view the site. However, in order to access certain password-restricted areas of the Site and to use certain Services and Materials offered on and through the Site and Mobile Applications, you must register with the Company for an End User account ("End User Account").
If you desire to register for an account, you must submit your name, email address, preferred password and other information requested on the account registration page. Once you have submitted your account registration information, the Company administrator shall have the right to approve or reject your account, in the Company administrator’s sole discretion. If approved, you will be permitted to log into your account with the password that you selected during account registration. The company may also provide you with the ability to register for an account on the Site using your existing account and log-in credentials on Third-Party Sites (as defined below) such as Facebook.
You are responsible for maintaining the confidentiality of your account credentials, such as a username, account-specific QR codes and/or any Third-Party Site password that you use to login to the Site or Mobile Applications (collectively, "Passwords"), and you are responsible for all activities that occur using your Passwords. You agree not to share your Passwords, let others access or use your Passwords or do anything else that might jeopardize the security of your Passwords. You agree to notify the company if any of your Passwords are lost, stolen, if you are aware of any unauthorized use of your Passwords or if you know of any other breach of security in relation to the Site or Mobile Applications.
All the information that you provide when registering for an account and otherwise through the Site or Mobile Applications must be accurate, complete and up to date. You may change, correct or remove any information from your account by logging into your account directly and making the desired changes.
THE INFORMATION AND MATERIALS POSTED ON AND ACCESSIBLE THROUGH THE SITE AND MOBILE APPLICATIONS ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE COMPANY DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC PRODUCTS, PROCEDURE, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SITE OR MOBILE APPLICATIONS OR ON MATERIALS OBTAINED FROM THE SITE OR MOBILE APPLICATIONS. RELIANCE ON ANY INFORMATION PROVIDED BY THE COMPANY, ITS AFFILIATED COMPANIES, CONTRIBUTORS TO, OR OTHER USERS OF THE SITE OR MOBILE APPLICATIONS IS SOLELY AT YOUR OWN RISK.
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTHCARE PRACTITIONER BEFORE STARTING ANY EXERCISE PROGRAM, THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE OR MOBILE APPLICATIONS!
You may be permitted to use the Site(s) or Mobile Applications to order and/or pay for certain Services and or products. To do so, you must have created an account with us, and you must supply certain additional information relevant to your transaction, including, without limitation, your credit or debit card number, the expiration date of your credit or debit card, the name on your credit or debit card, and/or your billing address or your bank account details which may be used for electronic check payments. You may not associate Health Savings Account cards with your End User Account. Once you have submitted your payment information, we (or our third-party payment processor) will authorize the payment. You agree to pay any fees applicable to your use of the Site and/or Mobile Application, including but not limited to fees and charges applicable to your purchases. We may suspend or terminate your account and/or access to the Site if you are offered payment method (e.g., credit card or debit card) cannot be processed or if we believe that the transaction is in violation of any Company agreement or exposes you, other Company End Users, our partners, including any GetPhysio Subscribers, or the Company to harm. Harm includes fraud and other criminal acts. If we reasonably suspect that your End User Account has been used for any unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your End User App Account information, and/or any of your transactions, with law enforcement.
By providing a payment method, you expressly authorized us and/or our third-party payment processor to charge the applicable fees on said payment method as well as taxes and other charges, such as service fees, incurred thereto, all of which depend on the services you utilize and the Products you purchase. In the event you are entitled to a reversal, refund, chargeback, or other adjustment associated with a purchase you made through the End User Account, you also authorize a credit to your payment card to accomplish that transaction. You are solely responsible for managing your End User Account. Your End User Account is non-transferrable and may not be sold, combined, or otherwise shared with any third-party. We reserve the right to suspend or terminate your End User Account if you provide inaccurate, untrue, or incomplete information or if you attempt to use your End User Account to engage in illegal or unethical activities.
By using the Mobile Application, you give the Company permission to share your email address, first and last name and purchase histories with the GetPhysio Subscribers you make purchases with. You also give us permission to import into your End User Account and to share with GetPhysio Subscribers information about purchases you have made using your payment card and any of the Company’s products or services.
If you register for the End User App through your Facebook account ("Facebook Account"), you are allowing the Company to access your Facebook Account as permitted under the applicable terms and conditions that govern your use of your Facebook Account. You represent that you are entitled to disclose your Facebook Account login information to the Company and/or grant Company access to your Facebook Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of your Facebook Account and without obligating the Company to pay any fees or making the Company subject to any usage limitations imposed by Facebook. PLEASE NOTE THAT YOUR RELATIONSHIP WITH FACEBOOK IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH FACEBOOK, AND GetPhysio DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO US BY FACEBOOK IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN YOUR FACEBOOK ACCOUNT.
You agree that we (or our third-party payment processors) may charge any unpaid amounts to your provided payment method and/or send you a bill for such unpaid fees.
Please review our Privacy Policy, which is available at https://www.getphysio.biz/privacypolicy (the "Privacy Policy") which explains how we use information that you submit to the Company.
The Sites and/or Mobile Applications allow you to author, upload, transmit, publish, disseminate, and/or otherwise make available content in the form of user-generated business reviews and user-identifying information, including, but not limited to, user’s name and email address ("User Content"). When you make copyrightable User Content available on or through the Service, you retain ownership of any copyright you claim to your User Content. You also represent and warrant that – with respect to all User Content that you upload, transmit, publish, disseminate, and/or otherwise make available through the Service – (a) you have all the rights and licenses necessary to use, reproduce, publish, display publicly, perform publicly (including by means of digital audio transmission), distribute, and/or otherwise exploit such User Content in connection with the Service (and to grant to Company the licenses set forth in this Agreement), and (b) the User Content will not infringe or otherwise violate the rights of any third-party including, but not limited to, the copyright, trademark, privacy, and/or publicity rights of any third-party. By submitting User Content as set forth above, you hereby do and shall grant to the Company (and its successors, assigns, partners, affiliates, and third-party service providers) a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, create derivative works from, distribute, publicly display, publicly perform (including by means of digital audio transmission), and otherwise exploit your User Content on and in connection with the Services and for any purpose and in any medium, by any means currently existing or yet to be devised. You also hereby do and shall grant to each user of the Services a non-exclusive license to access and view your User Content through the Services, and to use, reproduce, modify, or create derivative works based thereon, distribute, publicly display, and publicly perform (including by means of digital audio transmission) such User Content as permitted through the functionality of the Service. By using the Services, you acknowledge and agree that the Company does not guarantee access to or hosting of User Content that is shared via the Service – the Company publishes User Content at its sole discretion. For example, if User Content violates these Terms of Use, access to it may be disabled. Also, if a particular piece of content creates too large a demand on the Services, it may result in access to the content being temporarily or permanently disabled.
Any contests, raffles, surveys, games, loyalty programs or similar promotions (collectively, "Promotions") made available through the Services may be governed by rules and terms and conditions ("Promotion Terms") that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If any Promotion Terms conflict with these Terms, the Promotion Terms will govern Links to Third-Party Sites.
GetPhysio Subscribers may choose to offer loyalty programs to reward their customers. These loyalty programs may be linked to your End User Account. Any such loyalty programs and any rewards associated with them are offered by the GetPhysio Subscriber alone (and not by the Company). Should you have questions about any GetPhysio Subscriber loyalty program, please ask the GetPhysio Subscriber for more information about the program, including any applicable terms and conditions. Rewards associated with GetPhysio Subscriber loyalty programs have no cash value, and GetPhysio Subscriber may choose to discontinue its loyalty program(s) at any time.
In the event that you participate in livestreamed classes via GetPhysio OnDemand ("OnDemand"), you understand and agree that your participation in such livestreamed classes will be viewable by other participants in the livestreamed class as well as the instructor of such livestreamed class. Further, you understand and agree that such livestreamed classes, including video and/or audio of your participation in the same, may be recorded and offered as video on demand content. Accordingly, your participation and the video and/or audio recording of the same will be "User Submissions" subject to the licenses granted below.
For any User Submissions that you upload to the Mobile Application or Sites, you grant us and our subsidiaries, affiliates, and successors a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully-paid, transferable, and sublicensable right and license to use, license, reproduce, modify, adapt, publish, translate, prepare derivative works of, distribute, derive revenue or other remuneration from, and communicate to the public, perform, and display that User Submissions (in whole or in part) throughout the world in any media in order to provide and promote the Mobile Application, GetPhysio Subscriber, GetPhysio Subscriber’s business, and Company’s business. You retain all rights in your User Submissions, subject to the rights granted to the Company in this Agreement. You may modify or remove your User Submissions via your Mobile Application or Site or by terminating your End User Account. For User Submissions containing audio and/or video recordings or livestreams of my participation in OnDemand, you hereby waive all rights and release and discharge the Company and GetPhysio Subscribers from all manner of actions, causes of action, debts, accounts, contracts, claims and demands whatsoever, including defamation, invasion of right to privacy, publicity or personality or any similar matter, arising out of or relating to the use and exploitation of such User Submissions or your name, alias, likeness, appearance and form.
You agree not to upload to the Mobile Application or otherwise post, transmit, distribute, or disseminate through the Mobile App or Sites, including without limitation via your participation in OnDemand, any content that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with the Company’s or its partners’ products and services, as determined by the Company in its sole discretion; or (f) in the Company’s sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Mobile Application or Sites, or which may expose the Company, its affiliates, or users to harm or liability of any nature.
SMS, Text, and other forms of messages (collectively, "Messages") may be initiated by Company or by GetPhysio Subscribers using the Company platform. If you provide the Company or Company Subscriber your mobile phone number, you agree that the Company, our affiliated companies, and our GetPhysio Subscribers and their respective representatives may contact you at that number using non-automated or automated technology to call you or send you text messages to: (i) service your End User accounts or otherwise communicate with you for customer service purposes, (ii) investigate or prevent fraud, (iii) collect a debt, or (iv) provide you with information you requested. The Company or Company Subscriber may also offer text message programs, including one-time texts and subscription text services, where the Company texts you for marketing purposes. Consent to receive autodialed calls or texts for marketing purposes is not required as a condition of purchasing any goods or services. We will not send you marketing text messages without your consent. Consent to receive autodialed calls or texts for marketing purposes is not required as a condition of purchasing any goods or services. Data obtained from you in connection with GetPhysio Subscriber-initiated text messages may include your name, address, mobile phone number, your mobile service provider’s name, and the date, time, and content of your messages, and is subject to the Company Privacy Policy. Please contact the appropriate GetPhysio Subscriber for more information on how they use, disclose, and treat your data. Your mobile carrier and other service providers may also collect data about your mobile device usage, and their practices are governed by their own policies. The Company only provides a platform for you to send text messages through the End User App and has no responsibility or liability for any such text messages or related message content.
General information governing the SMS, Text, and Messaging Services:
After opt-in, you may receive an initial confirmation text message. After that, the specific amount of text messages may vary depending on how you use the Company or GetPhysio Subscriber services and the types of messages you registered to receive. The number of messages you receive may depend upon factors including how you use the Company or GetPhysio Subscriber services and whether you take steps to generate additional text messages (such as by sending a HELP request).
You may opt out of any Messaging service you join at any time by updating your communication preferences from your End User Account. SMS and Texting services you have joined may be opted out of at any time by replying "STOP", "END", or "QUIT" to any text message you have received through that particular texting service. This process impacts only the future delivery of SMS texts from that particular texting service, so if you wish to unsubscribe from multiple services, you must send a similar message for each texting service you have joined. Each time you opt-out, you agree to receive a text confirming that your opt-out choice has been recorded.
The Company does not charge for the Messages, but message and data rates may apply. Please contact the applicable GetPhysio Subscriber for information on fees or charges (if any) assessed by that GetPhysio Subscriber. By providing your consent to participate in a Messaging service, you approve any such charges from your mobile carrier. You represent that you are 13 years of age or older and the owner or authorized user of the mobile device associated with the telephone number you designate to receive messages from the applicable Messaging service. You also represent that you are authorized to approve the applicable carrier charges.
You acknowledge and agree that the Messaging services may be provided via wireless systems which use radios (and other means) to transmit communications over complex networks. Neither the Company nor GetPhysio Subscribers will be liable for any delays in the receipt of any text messages, as delivery is subject to effective transmission from your network operator. The Message services are provided on an AS IS basis. Neither the Company nor GetPhysio Subscribers guarantee that your use of these services will be private or secure, and neither the Company nor GetPhysio Subscribers will be liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Messaging services. Neither the Company nor GetPhysio Subscribers are liable for delayed or undelivered messages.
You understand and agree that the Company is not responsible for the goods and services that you purchase through the End User App. Third-party merchants, including GetPhysio Subscribers, and not the Company, provide those goods and services. These merchants, and not the Company, are responsible for customer service related to those goods and services, including the nature, content and quality of the class or appointment, and reservation, cancellation, return and refund policies, adjustments, rebates, functionality and warranty, technical support, and issues concerning experiences with a merchant’s personnel, policies, or processes. The Networks and/or other entity issuing your payment card, and not the Company, is responsible for customer service related to your payment card.
We occasionally provide links from the Site to third-party websites ("Third-Party Sites"). If you use these links, you will leave the Site. The Company provides these links to you as a convenience, and we do not verify, make any representations, or take responsibility for these Third-Party Sites, including the truthfulness, accuracy, quality, or completeness of the content, services, links displayed, or other activities conducted on or through the Third-Party Sites. Therefore, unless specifically stated on the Site, we do not endorse or make any representations about Third-Party Sites or any information, material, or results that may be obtained through the use of Third-Party Sites. In addition, certain areas of the Site may allow you to interact or conduct transactions with Third-Party Sites. If so, you may be able to configure the privacy settings of your account on a Third-Party Site to permit your activities to be shared with your contacts on that Third-Party Site. If you decide to access any of the Third-Party Sites linked on the Site, you do this entirely at your own risk, and you must follow the privacy policies and the terms and conditions for those Third-Party Sites.
Similarly, the Site includes web pages from which you may obtain information about GetPhysio-partnered Fitness studios operated by independent owners and/or franchisees ("Partner Sites"). Unless specifically stated on the Site, we do not endorse or make any representations about any services that may be offered at Partner-owned studios.
YOU AGREE THAT THE COMPANY WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITE OR PARTNER SITE, FOR ANY THIRD-PARTY DEALINGS OR COMMUNICATIONS (INCLUDING BUT NOT LIMITED TO ANY DEALINGS WITH OUR PARTNERS), OR FOR ANY HARM RELATED TO ANY GOODS, SERVICES, INFORMATION, RESOURCES, OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITE OR PARTNER SITE, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY.
Certain functionality of the Site and Mobile Applications may permit you to submit feedback, information, data, text, images, messages, or other materials (each, a "User Submission"). You agree that you are solely responsible for all of your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. We do not guarantee that you will be able to edit or delete any User Submission that you have submitted.
By submitting any User Submission, you are promising us that:
By submitting a User Submission, you grant to us an irrevocable, perpetual, transferable, non-exclusive, fully paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
We may, but are not obligated to, pre-screen User Submissions or monitor any area of Site through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through the Site and may remove them at any time or refuse any User Submissions for any reason. You understand that when using the Site or Mobile Applications you will be exposed to User Submissions from a variety of sources and that we are not responsible for the accuracy, usefulness, reliability, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, defamatory, indecent, or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, you agree that we may freely disclose your User Submission to any third-party absent any obligation of confidence on the part of the recipient.
You acknowledge and agree that the Company may provide disclosures and other notices required by law and other information about your End User Account to you electronically by posting them on the Mobile Application and/or Sites or by emailing the email address listed in your End User Account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. You are responsible for providing the Company with your most current e-mail address. If the last e-mail address you provided to the Company is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, the Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
When using the Site and our Mobile Applications, you agree to abide by common standards of decency and act in accordance with the law. For example, when using the Site and Mobile Applications, you agree not to:
This list of prohibitions provides examples and is not complete or exclusive. We reserve the right to terminate access to your account, your ability to post to the Site or via the Mobile Applications (or use any services) with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to the Site or to any other user of this Site and/or Mobile Applications. We may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at our discretion, we will cooperate with law-enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
You agree to indemnify and hold the Company and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense that we or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this site or Mobile Applications or the use of this site or Mobile Applications by any person using your account (including without limitation, your participation in the posting areas or, your User Submissions) violates any applicable law or regulation, or the copyright, trademark rights or other rights of any third-party.
GetPhysio is a trademark of the Company in the United States and various other countries. Other trademarks, names and logos on the Site and found in the Mobile Applications are the property of the Company and/or our Licensors. Unless otherwise specified in these Terms, all information and content provided via the Site and Mobile Applications, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of the Company. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
The Mobile Applications and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R.227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, if You are a government entity, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States.
We respect the intellectual property rights of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide our designated agent with the following information in accordance with the provisions of the Digital Millennium Copyright Act ("DMCA"):
Our agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
By Mail: Attn: Legal Department GetPhysio-Solutions, LLC
176 Thompson Lane, Suite 201, Nashville, TN 37211
By Email: admin@getphysio.biz
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We deserve the right, in our sole discretion, to terminate the account or access of any user of the Site or Mobile Applications who is the subject or repeated DMCA or other infringement notifications.
You may terminate this Agreement at any time by closing your End User Account and ceasing to use the Mobile Application and Sites.
We may terminate this Agreement and close your End User Account for any reason or no reason (with or without notice) at any time, including (but not limited to), if you (a) have violated the terms of this Agreement or any other agreement you have with Company or Company’s policies, (b) pose an unacceptable credit or fraud risk to us, and/or (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct on the Mobile Application or Sites.
If your End User Account is terminated for any reason or no reason, you agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using the Mobile App and Sites, (c) that the license provided under this Agreement shall end, (d) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and (e) that Company shall not be liable to you or any third-party for termination of access to the Mobile Application or Sites, or for deletion of your information or account data.
We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Mobile Application or Sites, or in connection with any termination or suspension of the Mobile Application or Sites. Any termination of this Agreement does not relieve you of any obligations to pay any fees or costs accrued prior to the termination and any other amounts owed by you as provided in this Agreement.
Your use of this Site and/or Mobile Applications is at your own risk. The Materials may include inaccuracies or typographical or other errors. The Company does not warrant the accuracy or timeliness of the Materials contained on this Site or accessed via the Mobile Applications. The Company has no liability for any errors or omissions in the Materials, whether provided by the Company, our licensors or suppliers or other users.
THE COMPANY, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, THE SERVICES, THE MOBILE APPLICATIONS, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR CONTENT CONTAINED OR PRESENTED ON THE SITE OR THE MOBILE APPLICATIONS, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, THE MOBILE APPLICATIONS, MATERIALS AND ANY INFORMATION OR CONTENT CONTAINED OR PRESENTED ON OR THROUGH THE SITE AND MOBILE APPLICATIONS, IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE COMPANY DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY OR SUITABILITY OF ANY PRODUCTS, SERVICES OR BUSINESSES THAT MAY BE DISPLAYED ON THE SITE, ON THE MOBILE APPLICATIONS, OR THROUGH SERVICES, OR THE CONDUCT OF USERS OF THE SITE, MOBILE APPLICATIONS, OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, MOBILE APPLICATIONS, OR SERVICES AND WITH OTHER PERSONS OR ENTITIES WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, MOBILE APPLICATIONS, AND/OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OR CONDUCT BUSINESS OFF-LINE OR IN PERSON.
THE COMPANY, ITS PROCESSORS, ITS SUPPLIERS, OR ITS LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE MOBILE APPLICATIONS OR SITES OR FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, GOODWILL, REVENUE, PROFITS, USE, UNAVAILABILITY OF THE COMPANY SERVICES OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING EVEN IF THE COMPANY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE MOBILE APPLICATION OR SITES, YOUR END USER ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE COMPANY SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE COMPANY SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE COMPANY SERVICES BY ANY THIRD-PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE COMPANY SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY. IN NO EVENT SHALL COMPANY, ITS PROCESSORS, AGENTS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $500.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL APPLY FULLY TO NEW JERSEY RESIDENTS.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, MOBILE APPLICATIONS, OR SERVICES, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE THEREOF (INCLUDING, BUT NOT LIMITED TO, GetPhysio SUBSCRIBERS). YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, MOBILE APPLICATIONS, OR SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, MOBILE APPLICATIONS, OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, MOBILE APPLICATIONS, OR SERVICES. YOU AGREED TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH ANY PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SIGHT, THE MOBILE APPLICATIONS, OR SERVICES, PARTICULARLY IF YOU MEET OFF-LINE OR IN PERSON.
The Company controls and operates the Site and provides the Mobile Applications from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site or the Mobile Applications outside the United States of America, you are responsible for following applicable local laws.
This Agreement any action related thereto will be governed and interpreted by and under the laws of the state of Tennessee, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Company agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Davidson County, Tennessee.
If you send or transmit any communications, comments, questions, suggestions, or related materials to the Company, whether by letter, email, telephone, or otherwise (collectively, "Feedback"), suggesting or recommending changes to the Site, any Services, the Mobile Applications, or any Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and the Company is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Facebook. Where the foregoing assignment is prohibited by law, you hereby grant Us an exclusive, transferable, worldwide, royalty-free, fully paid-up license (including the right to sublicense) to use and exploit all Feedback as We may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that the Company is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Please read the following Dispute Resolution and Arbitration; Class Action Waiver provision (this "Provision") carefully. It affects your rights.
Please read this Provision carefully. It provides that all Disputes (as defined below) between you and The Company shall be resolved by binding arbitration. Arbitration is a form of private dispute resolution and replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees).
For this Provision, "The Company" means The Company and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term "Dispute" means any dispute, claim, or controversy between you and The Company regarding, arising out of or relating to any aspect of your relationship with The Company, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced and shall include any claims against other parties relating to services or products provided or billed to you (such as The Company’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
YOU AND THE COMPANY EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
For all Disputes, whether pursued in court or arbitration, you must first give The Company an opportunity to resolve the Dispute. You must commence this process by mailing a written notification to GetPhysio-Solutions, LLC, Legal Department 6000 Broken Sound Parkway, Suite 200 Boca Raton, FL 33487 phone 954.530.6903. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If the Company does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Notwithstanding the above, you or The Company may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the "Opt-Out Deadline"). You may opt out of this Provision by mailing a written notification to GetPhysio-Solutions, LLC, Legal Department 6000 Broken Sound Parkway, Suite 200 Boca Raton, FL 33487 phone 954.530.6903. Your written notification must include (1) your name, (2) your address, (3) a clear statement that you do not wish to resolve disputes with The Company through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with The Company. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or The Company may initiate arbitration proceedings. The American Arbitration Association ("AAA"), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as a single arbitration only and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules for Emergency Measures of Protection shall apply. The AAA rules are available at www.adr.orgor by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.comor by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative action procedures or rules apply to the arbitration.
Because the Site, the Mobile Applications, and these Terms concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such an award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or The Company may initiate arbitration in either Palm Beach County, Florida or the federal judicial district that includes your billing address.
Payment of Arbitration Fees and Costs – The Company will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator’s hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with The Company as provided in the section above titled "Pre-Arbitration Claim Resolution" and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and The Company specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site or the Mobile Applications can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by entering these Terms you and The Company are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and The Company might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
Unless otherwise required by law, an action or proceeding by you relating to any dispute must commence within one (1) year after the cause of action accrues.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable, and the Dispute will be decided by a court.
You hereby release Company and its successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Company Materials, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of the Materials. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." The foregoing release does not apply to any claims, demands, or any losses, damages, rights, and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by Company or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Materials.
This Provision shall survive the termination of your service with The Company or its affiliates. Notwithstanding any provision in these Terms to the contrary, we agree that if The Company makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require The Company to adhere to the present language in this Provision if a dispute between us arises.
This Agreement, and any rights and licenses granted hereunder, may not be transferred, delegated or assigned by you, but may be assigned, transferred or delegated by Company without restriction. This Agreement is binding on the parties and their successors and permitted assigns.
The Parties hereto have expressly required that these Terms and all documents and notices relating thereto be drafted in the English language.
We prefer to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by us, may result in immediate termination of your access to the Site and/or license to use the Mobile Applications without prior notice to you. Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Terms, the Site, or the Mobile Applications will be heard in the courts located in Palm Beach County in the State of Florida. If any of these terms is found to be inconsistent with applicable law, then such terms shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Our failure to enforce any of these Terms is not a waiver of such term. These terms are the entire agreement between you and the Company and supersede all prior or contemporaneous negotiations, discussions or agreements between you and the Company about the Site and the Mobile Applications. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
The Mobile App and Sites are licensed and not sold. The Company reserves all rights not expressly granted to you in this Agreement. The Mobile App and Sites are protected by copyright, trade secret, and other intellectual property laws. The Company owns the title, copyright, and other worldwide intellectual property rights in the Materials and all copies of the Materials. This Agreement does not grant you any rights to Company trademarks or service marks.
You agree to release, indemnify, defend, and hold harmless Company and its affiliates and their respective employees, officers, agents, directors, representatives, contractors, licensors, suppliers and service providers (collectively, the "Company Parties") from and against any and all third-party claims asserted against and of them, and all related costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of or relating to: (a) any actual or alleged breach by you of this Agreement; (b) your access to or use of the Materials; or (c) any actual or alleged violation by you of the intellectual property, privacy or other rights of third-party. This provision does not require you to indemnify any of the Company Parties to the extent that a claim arises from any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Materials.
Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defense and doing so will not otherwise excuse your indemnity obligations.
Under California Civil Code 1789.3, California users are entitled to the following consumer rights notice: This Site and the Mobile Applications are provided by GetPhysio-Solutions, LLC, Legal Department 176 Thompson Lane, Suite 201, Nashville, TN 37211. If you have a question or complaint regarding the Site or the Mobile Applications, please contact Customer Service at support@getphysio.biz. You may also contact us by writing GetPhysio-Solutions, LLC, Legal Department 176 Thompson Lane, Suite 201, Nashville, TN 37211. California residents may reach the Complaint Assistance Unit of the Division of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210.
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at GetPhysio-Solutions, LLC, Legal Department 176 Thompson Lane, Suite 201, Nashville, TN 37211 or by telephone at (888) 509-9989. Questions or complaints about GetPhysio Fitness studios and the services offered at such studios should be directed to the operator of the specific studio in question.