Terms of Use - Movement-Rx

Latest Revision Date: February 15, 2022

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Movement Rx services are offered to you by Movement Rx Physical Therapy, P.C. (“MRx” or “Movement Rx”). Your use of Movement Rx services is governed by these terms of use (“Terms”). If you do not agree to these Terms, you may not enroll in a Movement Rx course, establish or use a Movement Rx digital services account, or schedule a Movement Rx appointment. By registering for any educational or training event, digital platform, or appointment scheduler through this site you agree to be bound by these Terms.

Creating and Accessing Your Account

You must be at least 18 years old to establish a Movement Rx digital services account. You may establish an account only if you are invited to do so.

You may not permit any other person to access your account using your user name and password. The security of your password and the use of your account is your responsibility. If you learn or suspect that your user name or password has been wrongfully used or disclosed, you should promptly notify us and immediately reset your password. To help ensure the security of your password or account, please sign out of your account at the end of each session.

Establishing a Movement Rx digital services account allows you to create and maintain one or more personal health records. You may also be able to use your account to use or participate in certain Services offered by us. The personal health records you create and other Services offered by us which you use or participate in (including information derived there from) shall be part of your Movement Rx digital services account for purposes of these Terms.

Unlike a patient portal account that you may have created through your healthcare provider, your Movement Rx digital services account is a personal health record that is solely controlled by you and is not paid for, or offered on behalf of, your healthcare provider.

Your Account Information

You are responsible for ensuring all information in your Movement Rx digital services account is current, accurate, and complete. You may create a record for (i) an adult who consents to you managing their health, (ii) an adult for whom you are a legal guardian, or (iii) a Minor (your minor child or a child for whom you are a legal guardian), to the extent allowed by applicable law. Due to various federal and state regulations, certain categories of a Minor’s health information have been identified as sensitive and therefore may not be available within a Minor’s record.

You may populate your account’s record(s) manually and/or by electronic data feeds from contributors selected by you. You agree not to post or transmit any information through your account that infringes the rights of others or violates their privacy or publicity rights, in particular (without limitation) you must not post or transmit material which is of a bullying, harassing or discriminatory nature. We may, but are under no obligation to, edit, refuse to post, or remove any information or materials from your account, in whole or in part. We may delete your account and/or any infringing information if you breach these Terms.

You have complete control over who can access your Movement Rx record. Access or privileges you give to someone, and connections you make, can be modified or removed by you at any time, for any reason. It’s your health record.

Content

You may have access to certain healthcare informational resources (the “Content”) through your account. The Content is provided to you “as is” with no representations or warranties. The Content is intended for use by consumers in the United States only.

Content includes or may include knowledge-based healthcare assessments, health reference information, condition management programs, links to organizations focused on a specific disease, condition, or health issue, and health management suggestions provided to you based on your information and interactions with Movement Rx digital services.

Condition Management and Wellness Programs

You may choose to participate in certain condition management and wellness programs offered by us that are delivered to you through Movement Rx educational events or digital services. MRx has certain tools that use information contained in your Movement Rx digital services record to tailor the delivery of a condition management program or wellness program to you. You consent to sharing the information from your record with these tools. Personally identifiable information from your record that is used to create your personalized program will not be shared with the program’s sponsor, unless you have otherwise agreed. However, we may share information that is specifically related to and provided as a result of your participation in the condition management or wellness program(s) with the program’s sponsor, but only as allowed by applicable law.

No Medical Advice

Movement Rx educational events and digital services are information management tools only. We do not provide medical advice. You and your healthcare provider are responsible for all medical treatment decisions. You should consult your healthcare professional about any questions you may have regarding the information provided through Movement Rx educational events and digital services.

Copyright

All content of the Movement Rx website is: Copyright Movement Rx Physical Therapy, P.C., San Diego, CA 92123, U.S.A. All rights reserved. Material found on the Movement Rx websites contains the valuable properties of Movement Rx Physical Therapy, P.C. embodying substantial creative efforts.

Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of your own personal, non-commercial use. You may, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own personal, non-commercial use. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Movement Rx Physical Therapy, P.C.. You further agree not to change or delete any proprietary notices from materials downloaded from the site. Any rights not expressly granted herein are reserved.

Trademarks

All trademarks, service marks and trade names of Your Movement Prescription, Your Movement Rx, Movement Rx, The Low Back Fix, or others used in the site are trademarks or registered trademarks of MRx.

Limitation of Liability

MRx shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if MRx has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

By using any of the information or services (“Services”) found on this or any MRx owned website or communications medium, you acknowledge and agree that you are doing so at your own risk. Your health and safety with respect to such Services are your sole responsibility. You acknowledge that all activities related to the Services from MRx may result in bodily injury to you or worse. Your decision to receive Services from MRx is voluntary, and you know of, understand and assume any and all the risks associated therewith.

In exchange for receiving services from MRx, you, for yourself and on behalf of your heirs, executors, administrators and personal representatives, hereby waive, release, discharge and hold harmless MRx, its members, officers, employees and agents from any and all liability for any and all injuries, including death, death, damages or claims relating to or resulting from my receipt of the Services, now or in the future, foreseen or unforeseen. Further, you will indemnify and hold MRx, its members, officers, agents and employees, harmless from and against any and all claims, rights, damages, liabilities, losses, costs and expenses (including reasonable attorneys’ fees) arising from or in connection with any injuries to other persons or damage to property due to any gross negligence or willful misconduct by you.

You acknowledge that you have read, and understand, the release and indemnification provisions set forth in the preceding paragraphs, and agree to such terms.

Privacy Policy

MRx respects your privacy and permits you to control the treatment of your personal information. A complete statement of MRx’s current privacy policy can be found by clicking HERE. MRx’s privacy policy is expressly incorporated into this Agreement by this reference.

Warranty Disclaimer

You are responsible for any acts or omissions relating to your use of Movement Rx educational events and/or digital services and for any damages incurred as a result thereof. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NOT REPRESENTED MOVEMENT RX EDUCATIONAL EVENTS OR DIGITAL SERVICES AS HAVING THE ABILITY TO DIAGNOSE DISEASE, PRESCRIBE TREATMENT, OR PERFORM ANY OTHER TASKS THAT CONSTITUTE THE PRACTICE OF MEDICINE OR OF OTHER PROFESSIONAL OR ACADEMIC DISCIPLINES. MOVEMENT RX EDUCATIONAL EVENTS OR DIGITAL SERVICES ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. WE DO NOT, AND OUR SUPPLIERS DO NOT, (I) WARRANT THE RELIABILITY OR AVAILABILITY OF MOVEMENT RX EDUCATIONAL EVENTS OR DIGITAL SERVICES, OR (II) GUARANTEE THAT MOVEMENT RX EDUCATIONAL EVENTS OR DIGITAL SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT DEFECTS WILL BE CORRECTED. WE AND OUR SUPPLIERS EACH DISCLAIM, TO THE EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESS AND IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ON BEHALF OF US AND OUR SUPPLIERS, ALL RESPONSIBILITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, AND LOST PROFITS, REVENUES OR DATA.

IF YOU ARE DISSATISFIED WITH MOVEMENT RX EDUCATIONAL EVENTS OR DIGITAL SERVICES, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING MOVEMENT RX EDUCATIONAL EVENTS OR DIGITAL SERVICES.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by MRx without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

MRx may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to MRx.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of MRx products) shall be in the state or federal courts located in San Diego County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of MRx products) must be commenced within one (1) year after the claim or cause of action arises. MRx‘s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. MRx may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site or in live or pre-recorded events, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including Dr. Theresa Larson or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

MRx may make certain software or video content available to you from the Site. If you download software or video from the Site, the software or video, including all files and images contained in or generated by the download, and accompanying data (collectively, “Software or Video”) are deemed to be licensed to you by MRx, for your personal, noncommercial, home use only. MRx does not transfer either the title or the intellectual property rights to the Software or Video, and MRx retains full and complete title to the Software or Video as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software or Video. All trademarks and logos are owned by MRx or its licensors and you may not copy or use them in any manner.

Prohibited Uses

MRx imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by MRx in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

Participation Disclaimer

MRx does not and cannot review all communications and materials posted to or created by users accessing the site, or by registrants to its events, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, MRx is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, MRx reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to MRx in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless MRx, related officers, directors, employees, affiliates, consultants, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your use of Movement Rx educational events or digital services. In addition, you agree to indemnify, defend, and hold harmless the Service Providers from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. You also agree to indemnify the Service Providers for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless the Service Providers from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of Movement Rx educational events or digital services, your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. MRx will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

Third-Party Links

In an attempt to provide increased value to our visitors, MRx may link to sites operated by third parties. However, even if the third party is affiliated with MRx, MRx has no control over these linked sites, all of which have separate privacy and data collection practices, independent of MRx. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, MRx seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Binding Effect

This is a binding agreement. By using the Internet site located at www.movement-rx.com, including any and all subdomains (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by MRx from time to time in its sole discretion. MRx will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

Alleged Violations

MRx reserves the right to terminate your use of the Service and/or the Site. To ensure that MRx provides a high quality experience for you and for other users of the Site and the Service, you agree that MRx or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. MRx does not intend to disclose the existence or occurrence of such an investigation unless required by law, but MRx reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if MRx believes that you have violated any of the Terms of Use, furnished MRx with false or misleading information, or interfered with use of the Site or the Service by others.

Affiliated Sites

MRx has no control over, and no liability for any third party websites or materials. MRx works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither MRx nor the Site has control over the content and performance of these partner and affiliate sites, MRx makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and MRx assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that MRx makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

Severability; Waiver

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

ACKNOWLEDGEMENT

BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.