TERMS & CONDITIONS

Effective Date: April 1st, 2022

Welcome to the Restore Function Physical Therapy Website!

PLEASE CAREFULLY READ AND UNDERSTAND THE TERMS AND CONDITIONS ("Terms”), AS MODIFIED OR AMENDED, BEFORE ACCESSING, USING, SUBSCRIBING OR PLACING AN ORDER THROUGH RESTOREFUNCTION.COM (“restorefunction site”, “the site” or collectively “the Website”).

Restore Function Physical Therapy (“Restore Function, the “Company”, “We”, “Our”, and “Us”) offers the Website, including all of the information, services, and/or products (Collectively, the “Content”) from the Website to the user (“You”, Your”, the “Patient” and the “Client”) upon your acceptance of the Terms stated herein. Your use of the website, whether it be intentional or unintentional, signifies that you have read, understood and agree to be bound by all the Terms and Conditions set herein. if you do not agree to all of the Terms, you are unauthorized from the use of the Website and should discontinue use immediately!

Together the Terms and the Privacy Policy form a legally binding agreement (the “Agreement”) between you and Restore Function. The agreement dictates access and use of the Website and Content by Restore Function, any purchase order, and your use of attempted use of Content offered on or available through the Website.

Proprietary Rights to Restore Function Content

The site and all the content, including but not limited to, information, services, products, design, text, graphics, photos, videos, music, sound recordings, artwork, documents, advertisements, reviews, and other materials included in this site are the proprietary property of the Company and its third party providers with all rights reserved. The company content may not be copied, modified, translated, broadcasted, uploaded, distributed, reproduced, republished, posted, transmitted, displayed or sold, all or any part of the company content, to the public or commercial use, in any way, shape or form, without the express written permission of the company.

All the Website design and Content, such as text, graphics, photos, videos, music, sound recordings, artwork, documents, advertisements, reviews, and other materials are owned solely and exclusively by Restore Function or its content supplier and are protected by U.S. and international copyright laws and patent laws, unless otherwise noted.

All Restore Function Content, such as logo, graphics, icons, text names, button icons, trade names, trade marks, and images used in the Company Content and the Website are the property of, or used by the permission of, the Company. The unauthorized use of Content is strictly prohibited and may not be used for any reason or purpose in any way, shape, or form without the express written permission of the company as it may violate the copyright, trademark, and proprietary rights of the Company and/or the third party providers. The trademarks on the Website not owned by Restore Function are the property of their respective owners, who may or may not be affiliated with the Company.

Restore Function respects the copyright, trademark, and intellectual property rights of others. If you believe any content or materials has been reproduced on the Site or in any Content of the company that constitutes copyright infringement, you may send a notice requesting Restore Function remove the materials or Content from the Site. You or your agent may notify the company at Wesleyscott@restorefunctionpt.com with the following information: Name or an electronic signature of an authorized person speaking on behalf of the owner, contact information, description of the copyrighted work that is being claimed as infringed upon, the location/website of the material of the claimed infringed work, all materials related to copyright and/or trademark registration information, a statement that the above information in your notice is accurate, under penalty and perjury of the law and any other pertinent information that is deemed relevant to resolution of the claim.

Privacy Policy

The users access of the Company site and Content is subject to the Privacy Policy and Agreement, which is incorporated into these Terms by this reference. Restore function reserves the right to modify or amend the Privacy Policy, from time-to-time without formal notice. The Company will use all reasonable efforts to restrict unauthorized access or alteration of data and files on this site. The Company will not disclose any personally identifying information to third parties, unless disclosure is required by law or to maintain the Terms of the site. The use of the Company Site is at the risk of the user and the user hereby acknowledges such risks associated with the Privacy Policy and Agreement. Further information of the Privacy Policy can be accessed at the following link, HERE.

Disclaimers

Users. The Content on the site is intended for users at least 13 years or older; however children of all ages may use the Content of the Company and site with expressed permission by parent or legal guardian. If you are the parent or legal guardian of a child under the age of 18, you and your child(ren) have read, understood, and agreed to all the Terms and Agreement before granting access and permission to use the Company site and Content. The parent or legal guardian is responsible for your child(rens) use of the Content of the Company Site.

Professional Disclaimer. The Content on the site, including but not limited to text, graphics, photos, videos, music, sound recordings, artwork, documents, advertisements, reviews, and other materials created by Restore Function and/or third party providers are for informational purposes only. The site Content is to be used for general and educational purposes only. The site does not contain any medical advice and is not intended to replace or substitute any professional medical advice: Examination, Evaluation, Diagnosis, Prognosis, Treatment, and any other medical expertise and/or professional advice. Seek consultation and advice of a trained medical professional, physician or other healthcare professionals, with any questions you may have prior to taking any action regarding your medical condition. The use and/or reliance of any or all information and Content provided on the site by Restore Function and/or the third party providers is solely at your own risk.

Third Party Website Disclaimer. The Website may contain links to third party websites. Restore Function is not responsible or liable for the content, accuracy, and/or opinions of any expressed information from third party websites, advertisements or applications to which the Company provides a link and/or posted on the website. The addition of a third party website does no imply Restore Function’s approval, endorsement, agreement, and/or guarantee valid or reliable content of the third party website, nor does it take responsibility for the goods or services provided by the advertisements or applications. The third party website, advertisements, or applications should be accessed at your own risk.

Commission/Affiliates Disclaimer. The Company and Site is a participant with specified associate and affiliate programs, including but not limited to Amazon Associates Program, that offers website links on the Restore Function Site. The affiliate programs, such as Amazon Associates Program, offer a small commission, to the Company, on products purchased through the affiliate link at no additional cost to You. The use and purchase of products and/or services through the affiliate links help support the Site and are only offered if a product and/or service is properly vetted and can offer value to You.

Testimonials/Reviews. Restore Function is pleased to interact with Users and customers and welcomes any and all comments and reviews regarding the Site and Content. Restore Function may use testimonials and/or product reviews in part or in whole with the Users name whom submits the claim, in any form at the sole and exclusive discretion of the Company. Testimonials and reviews represent the unique experience of the User and is not necessarily representative of the experience You may have using Our services, products and Content. All users are not subject to the same experience and thus Your individual results may vary. Restore Function reserves the right to correct grammatical/typing errors, shorten testimonials and review testimonials prior to any publication of testimonial or review. Restore Function is under no obligation to use any, or all, of the submitted review and/or testimonial that is submitted.

Disclaimer of Other Warranties. THE WEBSITE AND ALL RESTORE FUNCTION CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RESTORE FUNCTION EXPRESSLY DISCLAIMS, ANY AND ALL REPRESENTATIONS AND WARRANTIES, REGARDING THE WEBSITE CONTENT AND MATERIALS ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, AVAILABILITY, QUALITY, RECENTNESS AND/OR FAULTLESSNESS OF ANY INFORMATION ON THE WEBSITE. WE DO NOT REPRESENT OR WARRANT AND EXPRESSLY DISCLAIM THAT THE WEBSITE, SERVERS, PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OF VIRUS, MALWARE, OR OTHER POTENTIAL HARMFUL COMPONENTS TO YOUR HARDWARE, SOFTWARE, SYSTEM, OR DATA; THAT THE WEBSITE, PRODUCTS, SERVICES, AND INFORMATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THE REQUIREMENTS OR EXPECTATIONS REQUIRED OF YOUR MOBILE DEVICE, COMPUTER, OR ANY OTHER SYSTEM TO ACCESS, DOWNLOAD, OR OBTAIN CONTENT, MATERIALS, OR DATA THROUGH THE WEBSITE. YOU SHOULD EXERCISE CAUTION AND USE INDUSTRY RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES AND MALWARE FROM ALL DOWNLOADED CONTENT AND MATERIALS. YOU ARE SOLELY RESPONSIBLE FOR USE, RISKS, AND DAMAGE TO YOUR MOBILE DEVICE, COMPUTER, OR ANY OTHER SYSTEM INCLUDING LOSS OF DATA OR HARM OF ANY KIND THAT MAY RESULT.

Limitations of Liability

IN NO EVENT SHALL RESTORE FUNCTION OR ANY OF ITS EMPLOYEES, REPRESENTATIVES, PROVIDERS AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, COSTS, OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, USE OR ATTEMPTED USE OF THE WEBSITE, CONTENT, AND SERVICES EVEN IF RESTORE FUNCTION HAS HAD NOTICE OF SUCH DAMAGE, FEES, COSTS AND/OR CLAIMS. THIS INCLUDES WITHOUT LIMITATION TO ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR ANY OTHER PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES AND APPLIES REGARDLESS OF THE FORM OF ACTION AND MANNER THE DAMAGES ARE ALLEGEDLY CAUSED. THUS, RESTORE FUNCTION LIABILITY WILL BE AT ALL TIMES LIMITED TO THE AMOUNT PAID BY YOU TO RESTORE FUNCTION FOR USE OF THE WEBSITE ONLY, IF ANY, DURING THE TIME YOU ARE A REGISTERED USER OF THE SITE. IN NO EVENT SHALL RESTORE FUNCTIONS’ LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT PAID BY YOU TO RESTORE FUNCTION.

Indemnity

To the fullest extent permitted by law, You agree to indemnify and hold harmless Restore Function, its directors, representatives, officers, employees, licensors, independent contractors, affiliates, agents from and against any and all claims, actions, loss, liability, suits, damages, demands, expenses, and/or cost of any kind including, but not limited to, attorneys’ fees, litigation and other dispute resolution fees related to 1. Your use, attempted use, or misuse of the website, services, products, 2. Information exchanged through the Site 3. Your breach of the representations and warranties set fourth by terms, the documents incorparated by reference, and/or agreement 4. Violation of any laws or rights of a third-party.

Disputes

The Terms shall be governed by the laws of the state of California, with the arbitration conducted by a single arbitrator in the English language in Orange County, California unless both parties, You and the Company, agree upon completing the arbitration by phone or written submission. Otherwise, any and all actions or proceedings relating to the Terms, Site, and/or Content shall be instituted and litigated in a jurisdiction in Orange County, California. You hereby agree to resolve any dispute arising from these Terms, Site and/or Content by contacting Us at wesleyscott@restorefunctionpt.com to attempt to resolve the dispute informally prior to submitting to the personal jurisdiction of the courts located in Orange County, California. EACH PARTY, INCLUDING YOU/YOUR BUSINESS/REPRESENTATIVE AND/OR AGENT, HEREBY INTENTIONALLY OR UNINTENTIONALLY AGREES TO WAIVE ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION; THIS INCLUDES YOU AND YOUR REPRESENTATIVES MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER. THIS SECTION AND MATERIAL INDICATES THE INDUCTION FOR THE OTHER PARTY TO ENTER THESE TERMS.

Changes to the Agreement

You can read and review the current version of the Terms and Conditions HERE. We reserve the right, at our sole discretion, to change, modify, amend, or replace any part of the Agreement, Terms and Privacy, by posting updates to the Site from time to time. It is Your responsibility to read and review any and all revisions as You are solely responsible and bound by these changes and agree to the changes following the posting to the change of the Agreement.

Contact Us

We encourage all customers and/or potential customers to contact Us with questions or comments regarding the Site, Content, Products and/or Services. Please feel free to reach out at any time by sending an email to Wesleyscott@restorefunctionpt.com.