Terms & Conditions

Terms & Conditions

The mobilPT platform offers this collection of digital content for download and use at your own risk. You are solely responsible for the consequences of any use you choose to make of the assets you download from this collection, and for any changes that you make to the content of the files.

Provided you keep intact all copyright and other proprietary notices, you may use the information and materials in the files for appropriate professional purposes. You agree not to use the information and materials in the files in any way that is knowingly false, defamatory, inaccurate, abusive, vulgar, harassing ,obscene, profane, threatening, invasive of a person’s privacy, or otherwise in violation of any law.

The files are the sole property of mobilPT, Inc. and are provided ‘as is’ without warranty of any kind, whether expressor implied. All implied warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non- infringement, are hereby expressly disclaimed. Images downloaded are for the sole intended use of advertising or promoting

mobilPT, Inc.  products only, and may not be used for any other express purpose.

Privacy Policy

This Privacy Policy is the sole authorized statement of mobilPT’s practices with respect to the online collection of personally identifiable information (as described below) through the Websites and the use and disclosure of such information. Any summaries of this Privacy Policy generated by third-party software or otherwise (for example, in connection with the “Platform for Privacy Preferences” or “P3P”) will have no legal effect, are in no way binding upon mobilPT, and will not be relied upon in substitute for this Privacy Policy, and neither supersede nor modify this Privacy Policy.

By using the Websites, you consent and agree to the terms and conditions of this Privacy Policy. If you do not agree to the terms and conditions of this Privacy Policy, please do not use the Websites.

The Websites are controlled and operated by mobilPT from the United States, and are not intended to subject mobilPT or any affiliated entity to the laws or jurisdiction of any state, country or territory other than that of the United States. mobilPT does not represent or warrant that the Websites, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Websites do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls in connection with your use of the Websites and/or services related thereto, and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports. We may limit the Websites’ availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

What information does mobilPT gather on its Websites?

mobilPT gathers two basic types of information through the Websites: (a) personally identifiable information, which you provide to mobilPT, and which identifies you as an individual, and (b) non-personally identifiable information, which does not reveal your personal identity. Non-personally identifiable information includes, without limitation, demographic information, IP addresses, cookies, Pixel Tags (as defined below) and aggregated information, which mobilPT gathers through your use of the Websites. We discuss our policies with respect to collection, use and disclosure of these different kinds of information below.

Personally Identifiable Information

mobilPT uses the personally identifiable information it gathers through the Websites for several purposes, such as to understand more about our audience’s interests, to communicate with you and to give you a better experience when visiting the Websites by personalizing tools, content and services. mobilPT also uses this information to build new services and develop offers that mobilPT believes are more relevant and valuable to you.

You do not have to provide personally identifiable information to use most of our Websites or services. However, certain of our Websites and Website-based services may require that you furnish personally identifiable information. We collect such personally identifiable information through our Websites and Website-related services only when you voluntarily provide it to us, for example, in answering surveys and polls; entering contests and sweepstakes; registering to receive electronic newsletters, and other materials; participating in quizzes; registering to interact with, and interacting with, message boards, blogs and clubs and other forums (collectively, the “Interactive Community”); purchasing items from our stores; and taking part in other promotional opportunities. You may be asked to provide your personally identifiable contact information (such as your name, postal address, telephone numbers and/or email address) and personally identifiable financial information (such as credit card numbers). You may also be asked to provide information that does not personally identify you, such as demographic information (Zip code, age, gender or income level) and information regarding your use of our physical therapy services.

Personally identifiable information is used for purposes such as, without limitation, responding to your inquiries; notifying you if you have won a sweepstakes, contest, or quiz and sending to you any prize; sending products and services ordered from our Websites; and sending to you newsletters in which you express interest.

We reserve the right to use your personally identifiable information to send you periodic mailings with information on new products and services, updates to our Websites, or upcoming events. We may also share our user mailing list (including your personally identifiable information) with reputable third parties for marketing or promotional purposes. We may also forward information to you regarding third-party products or services, without disclosing your personally identifiable information to such third parties. You may opt-out of having your personally identifiable information as part of our marketing mailing list at any time (see “Opt In and Opt-Out,” below). From time to time, in our sole discretion, we may use your personally identifiable information to send to you important administrative information regarding Websites and Website-related services, or changes to our terms, conditions and policies. Because this information may be important to your use of the Websites or Website-related services, you may not opt-out of receiving such communications.

We may also use your personally identifiable information for our internal business purposes and for any non-marketing purposes, such as improving the Websites and services, customizing services for users, data analysis, audits and so forth.

When you make a purchase through the Websites, we may collect your credit card number or other payment account number (for example, your wireless account number), billing address and other information related to such purchase (collectively, “Payment Information”) from you, and may use such Payment Information in order to fulfill your purchase. If you choose to make a purchase through any of the Websites, we may share your Payment Information or other personally identifiable information with our third-party service providers to fulfill your purchase, including, without limitation, to process your credit card or payment account number. Whenever we request your personally identifiable information on our Websites, to the extent that we intend to use it in a manner not disclosed in this Privacy Policy, we will try to explain to you how we intend to use it, and to provide you with a choice to decline certain uses. In addition, if we plan to post any of your personally identifiable information on our Websites, we will notify you of this possibility either when you provide the information to us or prior to posting such information. Please note that by entering any sweepstakes, contest or quiz, you consent to our announcing your name and home town as part of any list of winners. We may disclose your personally identifiable information if we believe that we are required to do so (i) by law, (ii) to respond to legal process or governmental requests, (iii) to enforce our Terms of Service, (iv) to protect the rights, privacy, safety or property of mobilPT, our affiliated entities, you or others; (v) to permit us to pursue available remedies or limit the damages that we may sustain; and (vi) to respond to an emergency. As an example, we may, to the fullest extent the law allows, disclose personally identifiable information about you to law enforcement agencies to assist them in identifying individuals who have been or may be engaged in unlawful activities.

Service Providers

We work with third parties who provide services including, but not limited to, website hosting, order processing and fulfillment, credit card clearance, message board and blog services, data analysis and supplementation, data and database management, the provision and facilitation of email and newsletter services, and other services of an administrative nature. We may share your personally identifiable information, including financial information, with such third parties for the purpose of providing such services.

Non-Personally Identifiable Information

We collect and analyze non-personally identifiable information through our Websites relating to traffic levels on our Websites – often on an aggregated basis – for example, the total number of users visiting particular pages. We also collect and analyze non-personally identifiable demographic information, survey results, information relating to Internet Protocol (IP) addresses (which are described below) and information relating to the search functionality on the Websites. We may share demographic information, use of physical therapy services, customer physical therapy trends, results of surveys, as well as usage data calculated from logging IP addresses, with advertisers and third parties only on an aggregated basis. Non-personally identifiable information is helpful to us for improving the services we offer and for marketing purposes. We may, for any purposes whatsoever, use or share such information with our advertisers, business partners, or other third parties. We use IP addresses to calculate Website usage levels, to help diagnose problems with our servers, and to administer our Websites. Your Internet Protocol address is an identifying number that is automatically assigned to your computer by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit our Websites, along with the time(s) of your visit(s) and the page(s) that you visited. Collecting IP addresses is standard practice on the Internet, and is done automatically by many websites. Such IP address information is treated as non-personally identifiable information under this Policy.

Use of Cookies by mobilPT

Cookies are data that a web server transfers to an individual’s computer for record keeping purposes. Cookies, which are an industry standard used by most websites, can facilitate a user’s ongoing access to and use of a site. Cookies do not cause damage to your computer systems or files.

We use a temporary or “session” cookie to track the products you have chosen to purchase while shopping on our Websites. The cookie saves you the trouble of repeatedly entering the same information during a single visit. We also use cookies in the Interactive Community to eliminate the need to log in every time you use clubs and other message boards on our Websites. Depending on the type of cookie used, the cookie may expire at the end of a browser session, or may persist across sessions (for example, a cookie that “remembers” your login information between Website visits).

In addition, from time to time, we and our service providers may use cookies and other technologies to gather non-personally identifiable information to track the popularity of certain pages of our Websites; the success of our email notifications (including, without limitation, our HTML-formatted e-mail message campaigns), and our ad campaigns on third-party sites, based on click-through rates; and other similar information, all of which assists us in seeking to improve our Websites and related services.

If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or to be given the choice of declining or accepting the transfer of a cookie, or of cookies from a particular website, to your computer. You should note, however, that declining the cookies may make it difficult for you to make purchases on our Websites and will make entering and using the Interactive Community more cumbersome.

Use of Pixel Tags by mobilPT

We and our service providers may also use so-called “pixel tags,” “web beacons,” “clear GIFs” or similar means (collectively, “Pixel Tags”) in connection with the Websites’ pages and HTML-formatted e-mail messages to, among other things, compile aggregate statistics about the Websites’ usage and response rates. A Pixel Tag is an electronic image, often a single pixel (1×1), that is ordinarily not visible to visitors of the Websites and may be associated with cookies on the visitors’ hard drives. Pixel Tags allow us, and our service providers, among other things, to count users who have visited certain pages of the Websites, to deliver branded services and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted e-mail messages, Pixel Tags can tell the sender whether and when the e-mail has been opened.

Collection of Environmental Variables by mobilPT

We and our service providers may also collect certain environmental variables, such as your MAC address, computer type (Windows or Macintosh), screen resolution, OS version, Internet browser, and Internet browser version. These environmental variables, which constitute non-personally-identifiable information, are collected by most browsers, and can be used to optimize your experience on the Websites.

Third-Party Ad Serving

We may use third-party advertisement-serving companies to serve advertisements in connection with the Websites and Website-based services. Please be advised that such companies may use cookies and Pixel Tags (as described above) and other technologies to, among other things, enable such companies to monitor which ads have been served to your browser and which Website pages you were viewing when such ads were delivered. PLEASE NOTE THAT THIS POLICY DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH THIRD PARTIES.

We reserve the right to work with third-party ad serving entities to serve such advertisements at a later date (in which event, this Section will apply to such entity(ies)). The use of advertising cookies set by third-party ad servers is standard in the Internet industry, and, including in connection with your visits to one or more of the Websites, third-party advertisers may place their cookies on your browser. Through these and other technologies, third-party advertising companies may collect certain non-personally identifiable information about you from your visits to our Websites and to other sites, or access to HTML-formatted e-mail messages, where ads are served third-party advertising companies or their respective third-party business partners. This information may be used by third-party advertisers, or other providers, to deliver tailored ads to you. We do not control third-party advertising companies’ policies or procedures (including, without limitation, their policies and procedures for setting cookies and handling aggregated data collected from your interaction with the Websites or HTML-formatted e-mail messages); however, we seek to ensure that third-party advertisers do not obtain, through the use of cookies or otherwise, any personally identifiable information regarding our Website users directly from us for their marketing purposes.

If you would like more information about these practices or your choices regarding the collection and use of this information by third-party advertising companies, including how to opt out of receiving advertisements from third-party advertising companies, please visit: http://www.networkadvertising.org.

Sweepstakes, Contests and Promotions

We may operate sweepstakes, contests and similar promotions throughout the Websites. We may ask you for certain personally-identifiable information when you enter and, if applicable, win a sweepstakes, contest or similar promotion. We may share such personally-identifiable information with third-party sponsors of such sweepstakes, contests and similar promotions (irrespective of whether such sweepstakes, contest or similar promotion is hosted by us), or otherwise in accordance with the rules applicable to such sweepstakes, contest or similar promotion. In order to participate in such a sweepstakes, contest or similar promotion, you will need to read and agree to be bound by the official rules therefor, which may contain additional important information about mobilPT’s or a sponsor’s use of your personally-identifiable information (including, without limitation, mobilPT’s or a sponsor’s use of such information to send HTML-formatted e-mail messages to you). To the extent that such rules concerning the treatment of your personally identifiable information conflict with this Privacy Policy, such rules shall control.

Public Forums

PLEASE KEEP IN MIND THAT ANY INFORMATION YOU DISCLOSE IN ANY INTERACTIVE COMMUNITY BECOMES PUBLIC INFORMATION, AND MAY BE AVAILABLE NOT ONLY TO REGISTERED INTERACTIVE COMMUNITY USERS, BUT ALSO TO VISITORS OF THE WEBSITES AND TO THE GENERAL PUBLIC. We urge you to exercise discretion and caution when deciding to disclose your personally identifiable information, or any other information, in any part of the Interactive Community.

To register to use the Interactive Community, you will need to select a screen name and provide your email address. A password is required to log into the Interactive Community. Depending on the Website, you will either select your own password at the time of registration or will be sent an email notification from us with a randomly generated initial password.

When you log in to the Interactive Community, you will be able to set up your mobilPT profile (your “Profile”), which you may edit at any time through the Interactive Community. You will also have the ability to change your password from within your Profile. Providing information as part of your Profile is entirely optional. Portions of your Profile are accessible to the public, but the password, name and email address fields of your Profile are not accessible to the public. Note, however, that whenever you contribute to the Interactive Community, your screen name, linking to your Profile, will automatically appear with your post, and other information you provide as part of your Profile will be accessible to other Interactive Community members, Website visitors and the general public, by clicking on your screen name associated with any of your postings.

Children

Our Websites are general audience sites. We do not direct any of our content specifically at children under thirteen (13) years of age. For the avoidance of doubt, we will not knowingly collect personally identifiable information from children under the age of thirteen (13) via the Websites without first seeking to gain consent from a parent or guardian. In the event that we obtain such consent, we will not knowingly (a) use such personally identifiable information to contact the child for any marketing purposes, (b) distribute the child’s personally identifiable information to third parties for such third parties’ marketing purposes, or (c) give the child the ability to post publicly or otherwise distribute personally identifiable information on the Websites, in each case without a parent’s or guardian’s consent.

Security

We have security measures and tools in place to help protect against the loss, misuse and alteration of the information under our control. Any time we ask for a credit card number to be transmitted to us through a mechanism provided on one of our Websites for such purpose, that credit card number is transmitted to us in an encrypted format using industry-standard encryption. Unfortunately, no data transmission over the Internet, and no storage of such transmitted data, can be guaranteed to be 100% secure. As a result, while we strive to protect your personally identifiable information, we cannot ensure or warrant the security of any information you transmit to us through or in connection with any Website, or that we or our service providers store. Accordingly, you acknowledge and agree that any information you transmit through or in connection with any Website is so transmitted at your own risk.

If you have reason to believe that any account with us is no longer secure, you must immediately notify mobilPT of the problem by contacting us in accordance with “Contacting Us,” below (note that physical mail notification will delay the time it takes for us to respond to the problem).

Third-Party Sites

Our Websites and Website-based services may contain links to third-party websites. These linked third-party sites are not under the control of mobilPT, and we are not responsible for the privacy practices or the contents of any linked site, or any link contained in a linked site. We are providing these links only as a convenience, and the inclusion of a link on our Websites does not imply endorsement of the linked site by mobilPT.

When you provide personal financial and other personally identifiable information to one of mobilPT’s e-commerce partners, your transaction with such e-commerce partner will occur on the e-commerce partner’s site, not one of the Websites, and as such the financial and personally identifiable information you provide is collected by and controlled by the privacy policy of that e-commerce partner. It is important therefore that you familiarize yourself with the privacy policy of any third-party e-commerce site with which you transact business.

Assignment

We reserve the right to transfer any and all information that we collect from users of the Websites and Website-based services to a third party in the event of a sale, merger, assignment, joint venture or other transfer or disposition of a portion or all of the assets (including, without limitation, any Website) of mobilPT or any of its affiliated entities (including, without limitation, in connection with any dissolution, bankruptcy, or similar proceedings).

Opt-In and Opt-Out

Upon registration with certain Website-based services, or otherwise from time to time, we may ask you whether you want to “opt-in” to receive information from us about special offers, or newsletters and other promotional communications regarding mobilPT, the Websites and/or third parties’ products or services. If, by opting-in, you choose to receive these communications, we will occasionally send you email messages that seek to reflect your request(s). You may later choose to stop receiving these promotional communications from us by following an “UNSUBSCRIBE” or similar link provided in the applicable promotional communication (excluding e-commerce confirmation emails, which you may not opt-out of receiving).

We may also ask you whether you want to opt-in to receive promotional offers directly from select third parties other than mobilPT. If, by opting-in, you choose to receive these offers, such third parties may occasionally send you email messages that seek to reflect your request(s).

If you do not wish to receive marketing-related e-mails from us, or if you would prefer that we do not share your personally identifiable information with third parties for such third parties’ marketing purposes, you may opt-out of receiving such marketing-related e-mails or from such sharing by contacting us as provided below. Please specify clearly which of the following choices you are opting out of: (a) receiving marketing-related e-mails from mobilPT; and/or (b) allowing mobilPT to share your personally identifiable information with third parties for their marketing purposes.

We will endeavor to comply with your request as soon as reasonably practicable. Please note that if you opt-out as described above, we will not be able to remove your personally identifiable information from the databases of affiliates or third parties with which we have already shared your personally identifiable information (i.e., to which we have already provided your personally identifiable information as of the date that we implement your opt-out request). If you wish to cease receiving marketing-related e-mails from such affiliates or third parties, please contact such affiliates or third parties directly or utilize any opt-out mechanisms set forth in their respective privacy policies or marketing-related e-mails.

You may wish to remove your personally identifiable information from our database in order to stop receiving future marketing communications from us and/or from third parties to whom we have not already provided your personally identifiable information. If so, we provide you with the following options for removing your personally identifiable information from our database for marketing purposes:

You can send an email to support@mobilPT.net; or You can send mail to the following postal address:

mobilPT, Inc., PO Box 9405 Fountain Valley, Ca 92728-9405

In each event, you must clearly indicate that you wish to have your personally identifiable information removed from our database. We will endeavor to comply with your request as soon as reasonably possible.

We note that you may continue to receive non-marketing messages from us (for example, messages regarding Website technical and security issues). You cannot opt-out of receiving these messages.

Please note that we may need to retain certain information for record keeping purposes, and there may also be residual information that will remain within our databases and other records. We also reserve the right, from time to time, to re-contact former users of our Websites. Finally, please note that notwithstanding any other provision of this Privacy Policy, we are not responsible for removing information from lists of third-party entities with which we have shared your information pursuant to this Privacy Policy or otherwise with your consent.

Correct/Update

We give you the following options for informing us of changes to the personally identifiable information you have previously provided to us:

You can send an email to support@mobilPT.net; or You can send mail to the following postal address:

mobilPT, Inc., PO Box 9405 Fountain Valley, Ca 92728-9405

In each event, you must clearly indicate the information that you wish to have changed. We will endeavor to comply with your request as soon as reasonably possible.

Additionally, mobilPT provides you with the ability to access, correct or change certain of the information in your Profile at any time. To review or modify your Profile, log in to the Interactive Community using the means we provide on the Websites.

Please note that even if you elect to change your information in our database, there may be residual, outdated information that will remain within our databases and other records, which will not be removed therefrom. Also note that we are not responsible for informing third parties of any changes requested pursuant to this Section.

Contacting Us

You may contact the Privacy Officer to access, correct or delete your Personal Information. If necessary, the Privacy Officer will contact another employee to assist in completing your requested task.

If you have any questions about this Privacy Policy, the practices of our Websites, or your dealings with us, please feel free to contact the Privacy Officer in one of the following ways:

support@mobilPT.com

mobilPT, Inc., PO Box 9405 Fountain Valley, Ca 92728-9405

Notice to California Residents – Your California Privacy Rights

Under California’s “Shine the Light” law, California residents have the right to request in writing from businesses with whom they have an established business relationship (1) a list of the categories of personal information, such as name, address, e-mail address, and the type of services provided to that customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes, and (2) the names and addresses of all such third parties. To request the above information, please email the Privacy Officer at support@mobilPT.net or write to us at:

Privacy Officer at mobilPT, Inc., PO Box 9405 Fountain Valley, Ca 92728-9405 – Attention: California Disclosure Information

We will respond to such written requests within 30 days following receipt at the mailing address above. We reserve the right not to respond to requests submitted other than to the address specified above or otherwise exempted by law. Please note that we are required only to respond to each customer once per calendar year.

Final Notice

Any of the policies or procedures above, and any of our policies or procedures concerning the treatment of information collected through the Websites, may be changed by us at any time without prior notice. You can determine when this Privacy Policy has been revised last by referring to the “Last Updated” date at the top of this page. Any changes to our Privacy Policy will become effective upon our posting of the updated policy. Use of any Website constitutes your acceptance of the terms of this Privacy Policy then in effect. We encourage you to bookmark this page and to periodically review it to ensure familiarity with the most current version of our Privacy Policy.

Contact Us

Please fill out the form and we will contact you within 24 hours. If you want to speak with one of our physical therapists, please call (949) 433- 7171 or write your questions to info@mobilPT.com for immediately attention.

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