Welcome, and thank you for your interest in our website www.cancerrehabpt.com (the “Website” or “Platform”), hereafter referred to in these Terms of Use as “Cancer Rehab PT”, “us”, “our” or “we”. Cancer Rehab PT is owned and operated by Cancer Rehab PT LLC, a Minnesota Limited Liability Company and for the purposes of this Agreement and our Privacy Policy any use of the terms “Cancer Rehab PT”, “us”, “our” or “we” includes Cancer Rehab PT LLC, without limitation. Unless otherwise specified, all references to our services (the “Service” or “Services”) include the content, instruction (including all video, digital or virtual content), digital guides, programs, forum, bulletin board, chat room and products available through the Website or offered by our affiliate providers, as well as any software that Cancer Rehab PT provides to you that allows you to access the Services. The term “user”, “you” or “your” refers to the user of our Website and our Service, including visitors that do not register for an account. The following Terms of Use are a legally binding contract between you and Cancer Rehab PT regarding your use of the Service.
Please read the following Terms of Use (“Terms” or “Agreement”) carefully before accessing or using any of the Services. Each time you access or use our Services or make a purchase through our Service, you, and if you are acting on behalf of a third party, such third party, agree to be bound by these Terms of Use and our Privacy Policy whether or not you register with us. If you do not agree to be bound by all of these Terms, you may not access or use our Service. Cancer Rehab PT may change this Agreement at any time by posting an updated Terms of Use on this Website. If any amendment to these Terms is unacceptable to you, you shall cease using this Website; otherwise you will constructively be deemed to have accepted the changes.
In addition, certain areas of the Service may be subject to additional Terms of Use and licenses that we have made available for your review. By using such areas, or any part thereof, including offered programs, you are expressly indicating that you have read and agreed to be bound by the additional Terms of Use and license applicable to such areas and programs. In the event that any of the additional Terms of Use or license governing such area or programs conflicts with these Terms, the additional terms and license will control.
HEALTH AND SAFETY DISCLAIMER
THE WEBSITE AND OUR SERVICES ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. INFORMATION YOU RECEIVE FROM CANCER REHAB PT INCLUDING, WITHOUT LIMITATION, ADVICE, PRODUCTS, EXERCISES, TIPS, RECOMMENDATIONS, GOALS AND ACTIVITIES, MAY NOT BE APPROPRIATE FOR EVERY USER INCLUDING YOU. FURTHERMORE, OUR SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT OF ANY PHYSICAL OR PSYCHOLOGICAL CONDITION. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. THE CONTENT AVAILABLE ON THIS WEBSITE, INSTAGRAM, YOUTUBE, LECTURES, WEBINARS, BLOGS, DIGITAL PRODUCTS, OR OTHER PLATFORMS DOES NOT REPLACE THE CARE OF PHYSICAL THERAPISTS OR OTHER HEALTHCARE PROFESSIONALS. THIS CONTENT IS IN NO WAY TO BE CONSTRUED OR SUBSTITUTED AS PHYSICAL THERAPY. DON’T USE THIS CONTENT TO SELF-DIAGNOSE OR SELF-TREAT ANY HEALTH, MEDICAL, OR PHYSICAL CONDITIONS. YOU AGREE TO HOLD HARMLESS AND INDEMNIFY CANCER REHAB PT, LLC AND ITS OWNER/EMPLOYEES FOR ANY AND ALL LOSSES, INJURIES, OR DAMAGES RESULTING FROM ANY AND ALL CLAIMS THAT ARISE FROM YOUR USE OR MISUSE OF THIS CONTENT. CANCER REHAB PT CANNOT GUARANTEE THE OUTCOME OR RESULTS OF EDUCATIONAL CONTENT OR RECOMMENDATIONS ON THE CANCER REHAB PT WEBSITE, IN SOCIAL MEDIA, THE PRODUCTS, OUR BLOG, OR OUR EMAIL SERIES. THE COMMENTS PROVIDED BY KELLY STURM ARE EXPRESSIONS OF OPINION ONLY AND SHOULD NOT BE REGARDED AS A MEDICAL DIAGNOSIS OR TREATMENT. WE MAY RECEIVE COMPENSATION WHEN YOU CLICK OUR AFFILIATE LINKS AND MAKE PURCHASES. HOWEVER, THIS DOES NOT INFLUENCE OR IMPACT OUR REVIEWS AND COMPARISONS. WE TRY OUR BEST TO KEEP THINGS FAIR AND BALANCED, IN ORDER TO HELP YOU MAKE THE BEST CHOICE FOR YOURSELF.
1. Eligibility for Our Service
Our Services are intended for users 18 years of age or older, and only when legally permitted where you reside or from where you access our Services. By using our Services, you represent and warrant that you have attained the age of majority where you reside (18 years of age in most jurisdictions) and are otherwise capable of entering into binding contracts including this Agreement.
2. Our Service
a. The Cancer Rehab PT mission is to provide an educational platform focused on cancer rehabilitation, lymphedema management, and lymphatic health. The Website offers, without limitation, the following:
i. Free educational content via blogs and/or embedded YouTube videos.
ii. Both free and paid digital downloads and exercise resources for the public and healthcare professionals.
iii. Links to recommended products (some with affiliate partnerships).
iv. Online, self-guided digital courses, webinars, and information on events for continuing education for both the public and healthcare professionals.
v. Access to external platforms (like YouTube or affiliate sites) for more resources.
b. The Services and products available are for your personal use only. You may not sell or resell any of the Services or products we provide to you or which you otherwise receive from us.
c. Any modifications and new features added to the Service are also subject to this Agreement.
d. Cancer Rehab PT reserves the right to modify or discontinue the Service or any feature or functionality thereof at any time without notice to you. All rights, title and interest in and to our Content, the Service and its components (including all intellectual property rights) will remain with and belong exclusively to Cancer Rehab PT.
3. Accounts and Registration
a. To make a purchase on our Website or to access some features of the Service you may be required to register for an account. When you register for an account, you will be required to provide us with some information about yourself including, but not limited to, your name, date of birth, e-mail address, physical address and phone number. Some of this information may be of a confidential nature and may include personal identifying information (all “Personal Information” or “Your Information”).
b. If you provide Your Information to us then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep Your Information current and to update Your Information if any of Your Information changes.
c. Our collection, use and disclosure of Your Information is governed by this Agreement and our Privacy Policy which you may access here.
4. Account Management
a. If you have been issued an account by Cancer Rehab PT in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account, even if you authorize other parties to access your account. You, and not Cancer Rehab PT, are responsible for any activity and purchases occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Cancer Rehab PT immediately.
b. As a function of providing our Services Cancer Rehab PT may send text messages to your mobile phone or notices to the email address registered with your account. You must keep your email address, mobile phone number and, where applicable, your contact details associated with your account current and accurate. Text message costs may apply and are the user’s responsibility, not that of Cancer Rehab PT.
c. We reserve the right to modify, suspend or terminate the Service, any user account or your access to the Service for any reason, without notice, at any time, and without liability to you.
d. You can cancel your account at any time. Upon termination or cancellation, all licenses and other rights granted to you in these Terms will immediately cease.
e. We reserve the right to refuse to issue an account to anyone or permit access to the Service to anyone for any reason at any time.
5. Prices
a. All prices displayed in our Services are in U.S. dollars unless otherwise indicated.
b. All applicable taxes and other charges are additional and your responsibility.
c. We reserve the right in our sole discretion to change prices at any time and without notice.
6. Payment
a. For any purchases you make on our Website you agree that by providing Cancer Rehab PT with your method of payment information, you authorize us to charge you for the purchase using the secure third party payment processor we make available to you. Cancer Rehab PT does not receive or store your method of payment information. Our payment gateway partners use secure servers with state-of-the-art encryption and secure sockets layer (SSL) technology for the transfer of credit card information. Additionally, we have security measures in place to protect our customer database and access to this database is restricted internally.
b. You must keep all information about your payment method current. If you tell us to stop using your payment method and we no longer receive payment from you, we may cancel your account. Your notice to us will not affect charges to your account before we reasonably could act on your request
7. Refund Policy
a. Digital Content sold directly by Cancer Rehab PT. Due to the nature of digital products, Cancer Rehab PT cannot offer refunds. To ensure fairness and customer satisfaction, if you believe that special personal circumstances necessitate a refund, Cancer Rehab PT will consider your request on a case-by-case basis. Please email us at [email protected].
b. Products sold by Cancer Rehab PT Third Party Affiliates. Your purchases, participation, correspondence or business dealings with any third party affiliate, individual or company found on or through our Website (the “Merchant) is subject to, and controlled solely by that Merchant, including without limitation, all purchase terms, payment terms, refund terms, conditions, representations, warranties and delivery terms related to your purchase. You agree that Cancer Rehab PT shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant.
8. In Website Purchases
a. Cancer Rehab PT provides you with the ability to make purchases of additional products and services through an In Website Purchase option using our secure third party payment processing service. If you choose to make an In Website Purchase, you will be prompted to confirm your purchase with the applicable payment processor, and provide them with your preferred method of payment, which will then be charged at the prices displayed to you at the time of purchase, along with any sales tax or other charges. You authorize Cancer Rehab PT to charge, the payment method you specify at the time of purchase. Cancer Rehab PT does not receive or store your method of payment information. If you have any questions regarding your method of payment information, you will need to contact the secure third party payment processing service. Please contact us at [email protected] for instructions on how to contact the payment service.
b. Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant.
c. Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Website, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that Merchant’s Website and click on its information links or contact the Merchant directly.
d. You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.
e. We may engage in Affiliate Marketing, meaning we may receive commissions (compensation) when you click our links and make purchases. However, this does not impact our reviews and comparisons. We try our best to keep things fair and balanced, in order to help you make the best choice for you.
9. Your License, Access and Use of our Services
a. Subject to your continued compliance with this Agreement, Cancer Rehab PT grants you, a limited, non-exclusive, revocable, non-sub-licensable, worldwide, license to access and use the Cancer Rehab PT Website and Services solely for your personal, non commercial use on your personal computer or on your mobile computing device. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause.
b. Your right to access and use our Services is personal to you and is not transferable by you to any other person or entity. Access to our Services may not be available in all locations. You are only entitled to access and use our Services for lawful purposes and pursuant to the terms and conditions of this Agreement and our Privacy Policy. Any action by you that, in our sole discretion: (i) violates the terms and conditions of this Agreement and/or the Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of our Services; or (iii) through the use of our Services, defames, abuses, harasses, offends or threatens others, shall not be permitted, and may result in your loss of the right to access and use our Services.
c. The rights granted to you in these Terms are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (iii) you shall not access the Services in order to build a similar or competitive Service; and (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
d. Furthermore, you agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our Services or any portion of our Services or for any other purpose, without our prior written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services, or (v) interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
e. Except as expressly permitted in this Agreement, you shall not collect or harvest any personally identifiable information, including account names, from our Services.
f. Our Services may now, or in the future, have “publicly accessible areas” that allow users to post User Content (hereafter defined) that will be accessible by the public or the user population generally. As a user of the Services, you acknowledge and affirmatively agree that in the course of using the Services you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate. You further agree that Cancer Rehab PT shall not, under any circumstances, be liable in any way for any User Content.
g. You shall not use any communication systems provided on our Services including, without limitation email, for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of our Services without our prior written permission.
h. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your purchases or use of the Services.
10. Suspension and Termination of Services
a. Cancer Rehab PT may limit, suspend or terminate the Services to you if you fail to comply with these Terms, the Privacy Policy or if you use the Services in a way that causes legal liability to us or disrupts use of the Service by other users.
b. Cancer Rehab PT may also suspend the Services to you if we are investigating suspected misconduct by you. Cancer Rehab PT will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action.
11. Information Accuracy
a. We attempt to ensure that information on our Website and in our Service is complete, accurate and current. Despite our best efforts, the information in our Service may occasionally contain historical data, be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy, or currency of any information in the Service. Furthermore, information in the Service may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct or make changes in such information without notice.
b. We have made every effort to display as accurately as possible the size, colors, composition and images of our physical products, however we cannot guarantee that your computer monitor’s display will accurately represent the true colors, size or dimensions of our Products. Certain physical measurements and similar descriptions are approximate and are for convenience only. Please contact us if you have any questions regarding the product description details.
c. All descriptions of products or product pricing are subject to change at anytime, without notice, at the sole discretion of Cancer Rehab PT. We reserve the right to discontinue any product at any time. We reserve the right to limit the number of products sold to an individual purchaser.
12. Proprietary Rights
As between Cancer Rehab PT and you, Cancer Rehab PT, or its licensors, own and reserve all right, title and interest in, and to, the Service and all hardware, software and other items used to provide the Service, other than the rights explicitly granted to you to use the Service in accordance with these Terms. No title to, or ownership of, any proprietary rights related to the Service is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by Cancer Rehab PT.
13. Intellectual Property Rights
a. Our names, graphics, avatars, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively the “Proprietary Marks”), and are owned by Cancer Rehab PT or licensed to us. You may not use the Proprietary Marks without our prior written permission.
b. We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services including, without limitation, those owned by any service providers or participating merchants accessible via our Website. Any third-party names, copyrights, trademarks and service marks are property of their respective owners and users may not use them without independently obtaining a right to do so from the owner.
c. The information, content, documentation, guides, descriptions, advice, data, software and any other content viewable on, contained in, or downloadable from our Services (collectively, “Our Content”), including, without limitation, all images, videos, audio files, text, graphics, charts, pictures, photographs, line art, icons and renditions, are copyrighted by Cancer Rehab PT, or otherwise licensed to us by Our Content suppliers.
d. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of Our Content (the “Collective Work”).
e. All software used on, or within our Platform or Services is our property, or the property of our software vendors, and is protected by United States and international copyright laws. Viewing, reading, printing, listening to, downloading or otherwise using Our Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to Our Content, the Collective Work, or the Software.
f. You are solely responsible for any damages resulting from your infringement of our, or any third-parties, intellectual property rights regarding the Trademarks, Our Content, the Collective Work, the Software and/or any other harm incurred by us or our affiliates as a, direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
14. Use of Our Content
a. We grant you a limited, revocable, non-exclusive, non-sublicensable license to access, print, download or otherwise make personal use of Our Content and the Collective Work for your noncommercial personal use provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing.
b. You may not modify Our Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble Our Content and the Collective Work, or transfer Our Content or the Collective Work to another person or entity.
15. User Content Rights and Related Responsibilities; Your License to Cancer Rehab PT
a. “User Content” means, without limitation, any photographs (including a user profile photo), messages, images, artwork, texts, digital files, documents, hyperlinks, music, audio, video, comments, reviews, feedback, suggestions, or any other content you upload, transmit or otherwise make available to Cancer Rehab PT, and/or its users, via the Services, including without limitation, any forum, bulletin board, chat room, or any other user interactive area of our Website. You represent and warrant that you own or otherwise control the rights to your User Content and that each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use those parts at any and all times. You further agree to indemnify Cancer Rehab PT and its affiliates for all claims arising from or in connection with any claims to any rights in your User Content, or any damages arising from our use of your User Content.
b. By submitting User Content on or through the Service, you grant to Cancer Rehab PT, and to each of the Cancer Rehab PT users with whom you share your User Content, a perpetual, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, re-use, broadcast, stream, download, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, edit, alter, modify, adapt, translate, create derivative works based upon, and to publicly perform such User Content without attribution, and without the requirement of any permission from, or payment to, you or to any other person or entity, in any manner including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes, and in any and all media now known or hereafter devised. You retain all rights in your Content, subject to the rights you granted to us, and to our users, in these Terms.
c. In order for us to provide the Service to you, we require that you grant us certain rights with respect to User Content, including the ability to transmit, manipulate, process, store and copy User Content. Your acceptance of this Agreement gives us the permission to do so and grants us any such rights necessary to provide the Service to you.
d. You agree that any User Content you submit to our Service in a public area of our Services may be viewed or heard by other users, any person visiting or participating in the Service, and by the public in general.
e. Cancer Rehab PT expressly disclaims any liability for the loss or damage to any User Content or any losses or damages you incur as a result of the loss or damage of any User Content. It is your responsibility to back-up any User Content to prevent its loss.
f. You are solely responsible for your User Content, including, without limitation, reviews, comments and feedback, and any damages suffered by Cancer Rehab PT resulting there from.
g. Cancer Rehab PT may block, remove or return any User Content at any time in our sole discretion for any reason whatsoever, or for no reason at all. We are not responsible for the authenticity, accuracy, completeness, appropriateness, or legality of User Content.
h. User Content is not considered to be confidential. You agree not to submit User Content to a public area of our Services in which you have any expectation of privacy or confidentiality.
i. You may submit comments or ideas about the Services (“Ideas”). By submitting any Ideas, you agree that your disclosure is gratuitous, unsolicited, and without restriction, and that we are free to use, and disclose, the Idea on a non-confidential basis or otherwise to anyone without any additional compensation to you.
16. User Participation in Any Interactive or Public Area of our Website
a. Participate at Your Own Risk. You enter and participate in our forum, bulletin board, chat room, or any other user interactive area of our Website, and gain access to the materials contained thereon at your own risk.
b. No Monitoring. We do not monitor or screen communications on our forum, bulletin board, chat room, or any other user interactive area of our Website and we are not responsible for any material that any of our forum, bulletin board, chat room, or any other user interactive area of our Website participant posts and we do not assume the responsibility to do so. In the event that we are notified by any party that any communications contained in our forum, bulletin board, chat room, or any other user interactive area of our Website is contrary to these terms, we may, but are not obligated to, investigate the situation and determine in our own discretion, whether to remove such communication from our forum, bulletin board, chat room, or any other user interactive area of our Website. We have no liability or responsibility to investigate or remove any content from our forum, bulletin board, chat room, or any other user interactive area of our Website based upon a complaint or otherwise.
c. Your Reliance at Your Risk. We do not make any representations or warranties as to the truth or accuracy of any statement made or materials posted on or through our forum, bulletin board, chat room, or any other user interactive area of our Website. You agree and acknowledge that you assume the risk of any actions you take in reliance upon the information that may be contained in our forum, bulletin board, chat room, or any other user interactive area of our Website.
d. No Endorsement. We do not endorse or lend any credence for any statements that are made by any participant in our forum, bulletin board, chat room, or any other user interactive area of our Website. Any opinions or views expressed by our forum, bulletin board, chat room, or any other user interactive area of our Website participants are their own. We do not endorse or support or otherwise give any credence or reason for reliance on any such statements or opinions.
e. You are Responsible. You are fully responsible for your own statements and materials that you post in our forum, bulletin board, chat room, or any other user interactive area of our Website and any consequences, whether or not foreseen, to any party who may rely upon these statements. You agree that you will not take any action directed towards attempting to hold us responsible for any such materials or statements.
f. Removal of Material. As a participant in our forum, bulletin board, chat room, or any other user interactive area of our Website, you agree that we may remove any materials from our forum, bulletin board, chat room, or any other user interactive area of our Website for any reason, in our sole discretion, or for no reason at all. This includes material which is disruptive, abusive, offensive, illegal, vulgar, pornographic, or any other material. You hold us harmless from and against any damage you or others may suffer as a result of our removal of any content from our forum, bulletin board, chat room, or any other user interactive area of our Website or from the discontinuance of our forum, bulletin board, chat room, or any other user interactive area of our Website at any time.
g. Right to Expel. We have the right to remove, expel, or disqualify any party from participation and access to our forum, bulletin board, chat room, or any other user interactive area of our Website for any time and for any reason, or for no reason whatsoever, in our sole and absolute discretion. This includes, but is not limited to any violation of this agreement, disruptive behavior, complaints from other parties, any allegedly illegal activity, or for any other reason or for no reason at all.
h. Right to Terminate. We reserve the right to terminate our forum, bulletin board, chat room, or any other user interactive area of our Website at any time and all users hold us harmless from and against any claims, damages, suits, threats, demands, liabilities, actions, causes of action, or injuries that may result there from, including but not limited to any consequential, incidental, and special damages of every nature and type.
17.Acceptable Use Guidelines
Cancer Rehab PT is committed to providing a safe and friendly Platform for our users. To ensure the best possible experience for all users of our Services, we have established some basic acceptable use guidelines and rules for your conduct. By using our Services, you agree that you have read and will follow the rules and guidelines set forth below. Please take a moment to acquaint yourself with these important rules and guidelines. In order to preserve a climate that encourages productive, civil and meaningful interaction, Cancer Rehab PT reserves the right to suspend or terminate a user’s account for a violation of these rules.
You agree not to use our Service to transmit or distribute any messages or User Content as defined in these Terms of Use that is false, offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, defamatory, racially or ethnically offensive, invasive of privacy or publicity rights, inclusive of hate speech, violates the rights of any party, gives rise to liability, is politically oriented, contains corrupted data or any other harmful, disruptive, or destructive files, or that would constitute or encourage a criminal offense. The following includes, without limitation, examples of the things you may not do:
a. Stalk, harass, defame, abuse, bully, threaten or otherwise violate the legal rights of others.
b. Advocate others for the harassment or intimidation of another person.
c. Provoke or antagonize people, including trolling.
d. Impersonate any person or entity.
e. Send or promote messages that involve violence, racism, bigotry, hatred, physical harm or discrimination of any kind against any group or individual.
f. Promote illegal activities or conduct that is defamatory, libelous or otherwise objectionable.
g. Send or promote material that exploits people in a sexual, pornographic or violent manner.
h. Send or promote anything that exploits children or minors or that depicts cruelty to animals.
i. Send or promote anything that depicts people in places where they have an expectation of privacy without their knowledge and consent, like someone’s home, a bathroom, dressing room, locker room, etc.
j. Engage in sending illegal or impermissible communications including, without limitation bulk messaging and auto-messaging.
k. Send or promote messages that encourage or suggest self-harm to another person.
l. Solicit personal information from anyone under the age of 18.
m. Use the service in an illegal manner, to commit an illegal act or to provide instructional information about illegal activities.
n. Transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware.
o. Infringe upon someone else’s trademark, copyright or other intellectual property or other rights.
p. Promote unsolicited commercial activities including without limitation sales, contests, sweepstakes, barter, advertising, and business offers.
q. Engage in spam. Please don’t transmit, distribute or post any advertising, promotional materials, junk mail, “spam,” chain letters, pyramid schemes, or any other form of solicitation.
Cancer Rehab PT reserves the right to suspend or terminate any user account at any time for any reason, with or without warning and without our liability to the user. If you violate these guidelines, we may suspend or terminate your account and notify law enforcement. Please respect and honor these guidelines and report any violations to [email protected]. We have no obligation to delete content that you find personally objectionable or offensive. We reserve the right to modify these rules with or without notice at any time. If you have questions, comments, concerns or feedback regarding these guidelines or our Services, please contact us at [email protected].
18.Interruption of Service
a. Your access and use of our Services may be interrupted from time to time for any of several reasons, including, without limitation, inability to access a network to connect to the internet from your location, the malfunction of your or our equipment, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take.
b. You agree that we will not be liable to you or to any third party for any interruption of the Services or any part thereof.
19. Third Party Links; Products, Services and Content
Our Service may contain features, services and functionalities linking you to, or providing you with, access to third party products, merchandise, services, content, websites, directories, servers, networks, systems, information, databases, applications, software, programs, and the Internet as a whole. In certain instances, we may have an Affiliate relationship with these third parties and receive compensation from the operator of the third party website by virtue of your clicking to, or making a purchase on, that site. Because we have no control over such sites and resources, we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any products, merchandise, services, content, advertising or other materials on, or available from, such websites or resources. When you visit or use a third party’s website you are thereafter subject to, agree to read and consent to the third party’s Terms of Use and Privacy Policy and you release Cancer Rehab PT from any liability.
20. Electronic Communications
a. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by electronic means including, without limitation, email, telephone, text, SMS or by posting notices on our Services. When you use our Services, you consent to communicating with us electronically.
b. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
21. Third Party Social Networking
The Cancer Rehab PT Services may now, or in the future, support sign-on from third-party social networking sites to make it easier for you to sign in or create an account with Cancer Rehab PT. If you elect to sign-on through a third-party social networking site, you may use those credentials, which will automatically be linked to your account. Use of third-party platforms to create and access your account is subject to the terms and conditions and privacy policies of such third parties. If you access our Services through a third party social networking site or application including, but not limited to, Facebook, Instagram or LinkedIn, you agree that you have read the third party social networking site Terms of Service and Privacy Policy, authorize Cancer Rehab PT to access and store certain information about you that is made available through that third party social networking site, and further authorize us to collect, store, retain and use, your information in accordance with our Privacy Policy.
22. Security
Violating the security of our Services is prohibited and may result in criminal and civil liability. Cancer Rehab PT may investigate incidents involving such violations and may involve, and will cooperate with law enforcement if a criminal violation is suspected. Security violations include, without limitation, unauthorized access to, or use of, data or systems including any attempt to probe, scan, or test the vulnerability of the Service or to breach security or authentication measures, unauthorized monitoring of data or traffic and interference with service to any user, host, or network.
23. Privacy and Your Personal Information
For information about the Cancer Rehab PT data protection practices and privacy policies, please read our Privacy Policy here. This policy explains how we treat your personal information, and protect your privacy when you use the Services. You agree to our use of your data in accordance with Cancer Rehab PT Privacy Policy.
24. Copyright and Intellectual Property Policy
We respect the intellectual property rights of others. We reserve the right to remove any Content on the Services which allegedly infringe upon another person’s copyright, trademark or other intellectual property right, and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Services which allegedly infringe upon another person’s intellectual property rights. We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”).
A valid complaint under the DMCA must provide the following information in writing:
a. An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
b. Identification of the copyrighted work that you claim has been infringed.
c. Identification of the material that is claimed to be infringing and where it is located on the Service.
d. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, email address.
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
f. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Federal law provides that if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees. The above information must be submitted to the Copyright Agent Kelly Sturm at: [email protected].
25.Disclaimers; No Warranties
a. ALL INFORMATION, INSTRUCTIONS, EXERCISES, ADVICE, RECOMMENDATIONS, DIRECTIONS, SERVICES, DIGITAL AND PHYSICAL PRODUCTS AND SOFTWARE AVAILABLE FROM CANCER REHAB PT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CANCER REHAB PT AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, (COLLECTIVELY, THE “CANCER REHAB PT PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) ANY INFORMATION, INSTRUCTIONS, EXERCISES, ADVICE, RECOMMENDATIONS, DIRECTIONS, SERVICES, DIGITAL AND PHYSICAL PRODUCTS AND SOFTWARE AVAILABLE FROM CANCER REHAB PT WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY OF ANY INFORMATION, ADVICE, RECOMMENDATIONS, DIRECTIONS, SERVICES OR DIGITAL AND PHYSICAL PRODUCTS OBTAINED BY YOU FROM OR THOUGH US WILL MEET YOUR EXPECTATIONS.
c. THE SERVICES CAN INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. FURTHERMORE, THE INFORMATION OR SERVICES ON THIS WEBSITE MAY BE OUT OF DATE. WE MAY MAKE CHANGES TO THE SERVICES, PRODUCTS AND INFORMATION ON THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES OR PRODUCTS LISTED HEREIN AT ANY TIME WITHOUT NOTICE HOWEVER WE HAVE NO OBLIGATION TO DO SO.
d. THE CANCER REHAB PT PARTIES DO NOT WARRANT THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DIGITAL AND PHYSICAL PRODUCT DESCRIPTION OR OTHER CONTENT OFFERED AS PART OF THE SERVICES, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
e. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR PORTABLE DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE SERVICE.
f. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEREOF AT ANY TIME.
g. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME PARTS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
26. Limitation of Liability
a. IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING, DAMAGES FOR ANY PERSONAL INJURY TO YOU OR OTHERS, OR LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR ACCESS AND USE OF OUR SERVICES AND DIGITAL AND PHYSICAL PRODUCTS; (II) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF OUR CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; OR (V) YOUR RELIANCE UPON, OR USE OF, OUR CONTENT OR THE COLLECTIVE WORK, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
b. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN OUR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN OUR SERVICES.
c. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, PUBLIC HEALTH EMERGENCIES, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.
d. OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY THAT PERSON OR ENTITY FOR THE DIGITAL OR PHYSICAL PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.
e. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
f. CERTAIN STATE OR JURISDICTIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
27. Results And Medical Disclaimer
a. Every person’s body is different. Cancer Rehab PT cannot guarantee the outcome or results of educational content or the recommendations and instructions available on the Cancer Rehab PT, in social media, the products, our blog, or our email series. The comments provided by Kelly Sturm are expressions of opinion only and should not be regarded as a medical diagnosis or treatment.
b. Before participating in any activities presented on this Website or using any exercise related products or services that may be described and/or made accessible in or through our Website, we strongly recommend that you consult with a physician or other rehab healthcare provider. While some of Cancer Rehab PT’s staff may be professional care providers, Cancer Rehab PT, its staff and its content providers are not rendering professional advice of any kind to you personally, including without limitation: medical, physical therapy, psychological, emotional, relationship or personal growth advice, counseling, therapy, treatment or coaching, but are merely providing general education and information to you about rehab or exercise medical topics, unless otherwise agreed to in writing. You acknowledge and agree that when participating in any rehab medical program or other activity or program described in our services there is the possibility of physical injury, emotional distress and/or death, and you assume the risk and responsibility for any such results. This Website and the services provided by Cancer Rehab PT DO NOT create a doctor-patient or therapist-patient relationship. Information provided on this Website DOES NOT create a doctor-patient or healthcare practitioner-patient relationship between you and Cancer Rehab PT or its practitioners. Always seek the advice of a medical practitioner or qualified mental health practitioner with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from your medical practitioner or qualified mental health practitioner because of something you have read on this Site.
c. If you think you may have a medical emergency, call your doctor or 911 immediately. Cancer Rehab PT does not recommend or endorse any specific tests, providers (including, but not limited to, hospitals and physicians), products, procedures, or other information that may be mentioned on the Site. Any opinions expressed on the Site are the opinions of the individual author, not of Cancer Rehab PT. Reliance on any information provided by Cancer Rehab PT, its employees, others appearing on the Site at the invitation of Cancer Rehab PT, or other visitors to the Site is solely at your own risk.
d. Communications between you and Cancer Rehab PT are subject to the provisions by our Privacy Policy, but are not protected by any healthcare provider-patient privilege or confidentiality laws applicable to healthcare providers at the State or Federal level.
28.Indemnity
a. You agree that you will be personally responsible for your use of our Services; and you further agree to defend, indemnify and hold harmless Cancer Rehab PT and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorney and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service, or the services and products you purchase from a third party service provider through our Service; (ii) your violation of these Terms of Service or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your infringement upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others; (iv) your violation of any third party right, including without limitation publicity, confidentiality, or privacy right; (v) any serious emotional or physical harm, including death, to you or any third party resulting from your use of the Services, or the services and products you purchase from a third party service provider through our Service.
b. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
29. Release
a. In exchange for your right to use the Services, you release, to the maximum extent allowed by law, Cancer Rehab PT, its officers, directors, employees, affiliates, and agents from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, your use of our Services, including any services, products or merchandise purchased through the use of our Service including, without limitation, any death or serious emotional or serious physical harm.
b. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
30. Governing Law
This Agreement, and any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflicts of laws principles. The parties hereby consent to the exclusive jurisdiction and venue in the state and federal courts in the State of Minnesota in and for the County in which Cancer Rehab PT has established its principal office.
31. Our Equitable Remedies
a. You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.
b. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of the State of Minnesota. You consent to the jurisdiction of such court and waive any objection to the venue of any such action or proceeding in such court.
32. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. THIS SECTION ALSO CONTAINS AN AGREEMENT THAT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
Unless you Opt-Out in writing within 30 days of registering for an account with Cancer Rehab PT, you and Cancer Rehab PT agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Cancer Rehab PT (including any claim or dispute between you and a third-party agent of Cancer Rehab PT) that relates in any way to or arises out of this or previous versions of this Agreement, your use of or access to the Services, the actions of Cancer Rehab PT or its agents, or any Products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Dispute Resolution Section.
IF YOU WISH TO OPT-OUT OF ARBITRATION, YOU CAN SEND US AN OPT-OUT NOTICE TO [email protected].
a. Applicable Law. You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Minnesota, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Cancer Rehab PT, except as otherwise stated in this Agreement.
b. Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Cancer Rehab PT, whether arising out of or relating to these Terms of Use (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. You agree that, by entering into these Terms, you and Cancer Rehab PT are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. If you reside in the U.S., the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
c. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND CANCER REHAB PT AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND CANCER REHAB PT AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
d. Pre-Arbitration Dispute Resolution. We at Cancer Rehab PT believe that most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at [email protected]. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Cancer Rehab PT should be sent to the address provided in the Contact Us section at the end of these Terms of Use (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Cancer Rehab PT and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Cancer Rehab PT may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Cancer Rehab PT or you shall not be disclosed to the arbitrator during the arbitration proceeding.
e. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Use as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope and enforceability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Use and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless Cancer Rehab PT and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for USD $10,000 or less, Cancer Rehab PT agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds USD $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be governed by the AAA Rules.
f. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
g. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the subsection above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Use will continue to apply.
h. Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Arbitration Agreement above is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in the State of Minnesota. You and we agree to submit to the personal jurisdiction of the courts located within the State of Minnesota for the purpose of litigating all such claims or disputes. You also agree that: (i) our Services shall be deemed solely based in the State of Minnesota; and (ii) our Services shall be deemed passive Services that do not give rise to personal jurisdiction over us and our assigns, either specific or general, in jurisdictions other than the State of Minnesota.
33. Law Enforcement
a. Cancer Rehab PT is committed to cooperating with law enforcement while respecting each individual’s right to privacy. If Cancer Rehab PT receives a request for user account information from a government agency investigating criminal activity, we will review the request to be certain that it satisfies all legal requirements before releasing information to the requesting agency.
b. Furthermore, under 18 U.S.C. §§ 2702(b)(8) and 2702(c)(4) (Voluntary Disclosure Of Customer Communications or Records), Cancer Rehab PT may disclose user account information to law enforcement, without a subpoena, court order, or search warrant, in response to a valid emergency when we believe that doing so is necessary to prevent death or serious physical harm to someone. Cancer Rehab PT will not release more information than it prudently believes is necessary to prevent harm in an emergency situation.
34. Statutory Rights; Notice To California Residents
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing, currently at: 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone, currently at (800) 952-5210 in order to resolve a complaint regarding our Website.
35.Amendments to this Agreement
We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately below this Agreement. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.
36. Severability
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
37. No Waiver
Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
38. Term and Termination
This Agreement is effective beginning when you first accept the Terms by clicking “accept” or “agree” to this Agreement or you first access or use our Services. This Agreement will terminate upon your request to cancel your registered account. Cancer Rehab PT may, at its sole discretion, terminate this Agreement, or suspend or terminate your access to our Services, at any time for any reason or no reason, with or without notice. Upon termination of this Agreement, by you or Cancer Rehab PT, your license rights will terminate and you must immediately cease all use of the Website and Services.
39.Entire Understanding
This Agreement and the Privacy Policy represent the entire understanding and agreement between you and us regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.
CONTACT US:
If you have to provide us with any Notice, or have any questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at [email protected] or mail us here:
Cancer Rehab PT LLC
1250 Wayzata Blvd E Ste 1 PMB 5070
Wayzata, MN 55391
Last updated: June 2, 2025