Last Revision: March 16, 2019
- HEALTHCARE SERVICES. Bridge2PT does not render healthcare services, does not engage in any licensed healthcare profession, and does not direct or interfere with the healthcare services rendered by licensed professionals. The Services and this Site do not provide medical services or advice or make recommendations on care or care providers. You are encouraged to seek independent medical counsel from a licensed physician before engaging a Registered Physical Therapist. Communication functions made available via the Services are not intended for medical emergencies. In the event of a medical emergency you should call 911.
- PHYSICAL THERAPISTS. The Registered Physical Therapists who utilize Bridge2PT Services are independent practicing healthcare professionals. The individual Registered Physical Therapist is responsible for his or her physical therapy services as well as compliance with all requirements applicable to the maintenance of his or her professional license. Neither Bridge2PT nor any third-party who promotes the Services shall be liable for any professional advice or service you receive from a Registered Physical Therapist you might engage via the Services.
- FEE POLICY. All Services are provided on a fee-for-service basis and will be charged by Bridge2PT to the payment method identified in your member portal according to the then posted fee schedule. You agree that Bridge2PT may automatically charge all fees to your selected payment method on the date Services are rendered. Bridge2PT will issue payment to the independent physical therapist upon completion of the Services.
- CANCELATION POLICY. You may cancel or reschedule any scheduled physical therapy appointment up until 12 hours prior to the scheduled time. Cancellation of the appointment with less than 12 hours’ notice will result in the charge of a $30.00 fee. Cancellations with less than 1 hours’ notice or a “no show” by you will result in the full contracted pricing being charged.
- USE OF SOFTWARE. Bridge2PT may make certain software available to you from the Site. If you use or download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, "Software") are deemed to be licensed to you by Bridge2PT, for your personal, noncommercial, home use only. Bridge2PT does not transfer either the title or the intellectual property rights to the Software, and Bridge2PT retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human- perceivable form. All trademarks and logos are owned by Bridge2PT or its licensors and you may not copy or use them in any manner.
- COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.
- COPYRIGHT INFRINGEMENT. Bridge2PT has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Bridge2PT has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Bridge2PT or of a third party, or otherwise violated any intellectual property laws or regulations. Bridge2PT's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Bridge2PT to delete, edit, or disable the material in question, you must provide Bridge2PT with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Bridge2PT to locate the material; (d) information reasonably sufficient to permit Bridge2PT to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (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 the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Bridge2PT's designated agent at:
9151 Atlanta Avenue, #8384 Huntington Beach, CA 92615
- NO WARRANTIES. BRIDGE2PT HEREBY DISCLAIMS ALL WARRANTIES. BRIDGE2PT IS MAKING THE SITE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRIDGE2PT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. BRIDGE2PT DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
- LIMITED LIABILITY. BRIDGE2PT'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BRIDGE2PT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY BRIDGE2PT. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
- APPLE IOS USERS.
16.1 To the extent that you are accessing the through an Apple mobile application, you acknowledge that these Terms are entered into between you and Bridge2PT and, that Apple, Inc. (“Apple”) is not a party to these Terms other than as third-party beneficiary as contemplated below.
16.3 You acknowledge that Bridge2PT, and not Apple, is responsible for providing the Service and Content thereof.
16.4 You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Service.
16.5 To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
16.6 Notwithstanding anything to the contrary herein, and subject to the terms and conditions of the Terms, you acknowledge that, solely as between Apple and Bridge2PT, Bridge2PT, and not Apple is responsible for addressing any claims you may have relating to the Service, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
16.7 Further, you agree that if the Service, or your possession and use of the Service, infringes on a third-party’s Intellectual Property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such Intellectual Property infringement claims.
16.8 You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
16.9 When using the Service, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Service.
16.10 Your use of real time route guidance on the Service (if any) is at your sole risk. Location data may not be accurate.
- PROHIBITED USES. Bridge2PT imposes certain restrictions on your permissible use of the Site and the Services. You are prohibited from violating or attempting to violate any security features of the Site or Services, 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 Bridge2PT in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
- COPYRIGHT. All contents of Site or Service are: Copyright © 2019 Bridge2PT, LLC, 9151 Atlanta Avenue, #8384, Huntington Beach, CA 92615. All rights reserved.
- DISPUTE RESOLUTION. If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Class arbitrations and class actions are not permitted, and your Claim may not be consolidated with any other person’s claim. The U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and the parties are each waiving the right to a trial by jury or to participate in a class action. This Section shall survive termination of these Terms.
21.1 NUMBER OF ARBITRATORS. All disputes shall be heard by a single arbitrator, unless the claim amount exceeds $100,000.00 USD in which case the dispute shall be heard by a panel of three arbitrators.
21.2 PLACE OF ARBITRATION. The place of arbitration shall be Los Angeles, California, United States of America.
21.3 LANGUAGE. The language of the arbitration shall be English.
21.4 INFORMATION EXCHANGE. Consistent with the expedited nature of arbitration, prehearing information exchange shall be limited to the reasonable production of relevant non privileged documents explicitly referred to by a party for the purpose of supporting relevant facts presented in its case, carried out expeditiously.
21.5 CONFIDENTIALITY. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of (all/both) parties.
21.6 COSTS AND ATTORNEY FEES. The parties shall bear the cost of mediation equally. The prevailing party of any Arbitration shall be entitled to reimbursement of all reasonable costs and attorney fees, including the costs incurred for mediation.
- LIMITATION ON INJUNCTIVE RELIEF. AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SITE AND/OR SERVICES, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, UGC, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY BRIDGE2PT PARTY (DEFINED BELOW) (INCLUDING YOUR LICENSED UGC) OR A LICENSOR OF ANY BRIDGE2PT PARTY.
- NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Bridge2PT or by any third party.
- ENTIRE AGREEMENT. This Agreement constitutes the sole and entire agreement of its parties with respect to the Agreement’s subject matter. This Agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties—both written and oral—with respect to the subject matter. As between or among the parties, no oral statements or prior written material not specifically incorporated herein shall be of any force and effect. The parties specifically acknowledge that, in entering into and executing this Agreement, each is relying solely upon the representations and agreements contained in this Agreement and no others.