WEBSITE CONDITIONS OF USE
Welcome to our website! Our goal is to provide services where the
patient is at the center of care and in control of their care, and
through this website, we offer educational and informational
resources to support our mission.
Direct Physical Therapy Boise, PLLC (“Direct PT Boise,” “us,” “our,”
or “we”) owns and manages this Website (“Website” or
“directptboise.com”). Using our Website demonstrates your consent
to be bound by these Website Terms and Conditions of Use
(“Conditions of Use”) and our Website Privacy Policy (“Privacy
Policy”).
We may alter the terms of these Conditions of Use without notice,
and your continued use of the Website signifies that you agree to be
bound by any future changes. You are encouraged to review these
Conditions at regular intervals to monitor for updates
If you do not agree, do not use our Website. Please read these
Conditions of Use carefully.
Your agreement to be bound by these Conditions of
Use.
Agreement to be bound by these Conditions of Use:
By accessing or using directptboise.com, you agree to be bound by
these Conditions of Use and by our Privacy Policy. You may only use
the Website if you can form a binding contract with us, and only if you
comply with these Conditions of Use and all applicable local, state,
national, and international laws, rules, and regulations.
Website access governed by these Conditions of Use.
These Conditions of Use govern your access to and use of Direct PT
Boise’s Website, products, data, services, and any Content (as that
term is defined herein) provided to you on, from, or through our
Website, our software, and any applications created by Direct PT
Boise, including our social networking site or through our subsidiaries
or affiliated companies. This content is collectively encompassed by
references to the Website throughout these Conditions of Use.
By using our Website, you agree to allow Direct PT Boise to collect,
use, and disclose your information under the terms as provided in
our Privacy Policy.
This Website does not provide medical advice or create
a provider-patient relationship.
This Website and its Content is provided only for informational and
educational purposes. The Content includes: text, images, videos,
and blogs on directptboise.com; content displayed on Direct PT
Boise’s social media (as “social media” is defined in the Privacy
Policy); information obtained from Direct PT Boise’s licensors or third
parties; logos, images, software, videos, text, graphics, photos,
sounds, music, audiovisual combinations, interactive features,
collections and other materials you may view on, access through, or
contribute to this Website.
Direct PT Boise’s Website is not a substitute for medical advice.
If you have concerns about any medical condition, diagnosis, or
treatment, you should speak with your personal, licensed healthcare
provider. Please contact us directly to schedule an appointment. Call
911 in an emergency.
Visiting our Website does not make you a Direct PT Boise patient.
You explicitly acknowledge that visiting Direct PT Boise’s Website
does not create a provider-patient relationship between you and
Direct PT Boise. Your visit does not create any duty for us to follow
up with you about any medical condition, diagnosis, or treatment. If
you have medical concerns, please contact us to schedule an
appointment.
Direct PT Boise’s Website does not provide physical therapy or
any other licensed medical profession advice.
This Website does not constitute the practice of physical therapy and
does not provide any medical advice. This Website is offered only for
educational purposes, based upon our proficiency, knowledge, and
experience with health related topics and physical therapy services.
Do not provide protected health information to Direct
PT Boise.
As described in our Privacy Policy, we take the privacy and
confidentiality of our visitors seriously. However, this Website and its
Content do not comply with the Health Insurance Portability and
Accountability Act (“HIPAA”) because we do not store or transmit
protected health information (“PHI”) through this Website. We ask
that you do the same.
Do not use this Website to provide, transmit, store, or disclose any
PHI. Direct PT Boise accepts no affirmative duty to monitor if you
provide, transmit, store, or disclose PHI while using this Website or
its Content. If you violate these Conditions of Use by sharing PHI
through this Website, or if we become aware that you are using,
providing, transmitting, storing, or disclosing PHI through this
Website, we may (but have not obligation to) revoke your access to
this Website.
Any information that is shared online may be impossible to cause to
become private again. Accordingly, if you use, provide, transmit,
store, or disclose PHI through this Website (in violation these
Conditions of Use) you agree to indemnify Direct PT Boise against
any damages, losses, liabilities, judgments, costs or expenses,
including reasonable attorney fees and costs, which arise from your
use, provision, transmission, storage, or disclosure of PHI in violation
of these Conditions of Use.
Do not share PHI through this Website or our social media.
Permitted uses of our Content.
Unless otherwise expressly stated, Direct PT Boise, or its licensors,
owns the entirety of the Content on this Website. The Content is
protected by Idaho, United States, and worldwide copyright laws and
treaty provisions.
Grant of limited personal license.
Direct PT Boise grants you a limited, personal, nonexclusive, and
nontransferable license to use and display the Content so long as
you comply with these Conditions of Use, and you do not modify,
delete, or change any copyright, trademark, or other proprietary
notice. Your conduct as it relates to Direct PT Boise’s Content is also
subject to the Conditions of Use and our Privacy Policy.
Notwithstanding the preceding paragraph, you may not: copy,
reproduce, modify, use, republish, post, transmit, or distribute any of
the Content, or any trademarks, names, or logos, and you may not
redeliver or present any of the pages, text, images, or the Content
using “framing” technology, or systematically retrieve data,
information, or the Content to create a collection, compilation,
database, or directory.
Direct PT Boise reserves all rights not expressly granted.
Your conduct while using our Website.
Direct PT Boise has the right (but no obligation), to monitor all
conduct on our Website. You expressly agree that you will not:
deceive, harm, or exploit any other users; distribute spam; collect or
record information about other users; or advertise or solicit other
users to purchase any product or service.
This Website is not intended for children.
Our Website is intended solely for adult visitors. It is not intended or
designed to attract visitors who are under the age of eighteen. If we
have actual knowledge that a visitor is under the age of eighteen, we
do will not collect personally-identifiable information about such
person. If we inadvertently encounter personally-identifiable
information about a person under the age of eighteen, we will not
knowingly disclose that information to any third party.
Direct PT Boise disclaimer of liability and statement of
no warranty.
THE INFORMATION ON THIS WEBSITE IS PROVIDED “AS IS.”
DIRECT PT BOISE MAKES NO REPRESENTATIONS AND NO
EXPRESS OR IMPLIED WARRANTIES, WITH RESPECT TO THE
CONTENT, OR OTHERWISE REGARDING THIS WEBSITE OR
ANY WEBSITE LINKED THROUGH DIRECTPTBOISE.COM.
TO THE FULLEST EXTENT PERMITTED BY LAW, DIRECT PT
BOISE DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NONINFRINGEMENT.
DIRECT PT BOISE DOES NOT WARRANTY THE ACCURACY,
RELIABILITY, COMPLETENESS, CURRENTNESS, TIMELINESS,
OR AVAILABILITY OF THIS WEBSITE OR THE CONTENT OF ANY
WEBSITE LINKED THROUGH DIRECTPTBOISE.COM.
By using this Website, you agree to assume the risk of accessing
and using the information provided. PT Boise is not responsible for
any errors or omissions in the information provided.
No responsibility for website visitor damages or loss.
By using this Website, you agree that Direct PT Boise is not
responsible to you or others for any loss or damage that results from
your use (or your nonuse) of this Website or any linked third party’s
website, including but not limited to: direct, indirect, special,
consequential, compensatory, or incidental damage; lost profits or
data; damage to your computer resulting from viruses; loss of or
damage to other property; claims of third parties; or penalties
resulting from copying or displaying this Website.
Direct PT Boise is not responsible for the above described
consequences, regardless of if we have been advised or knew or
should have known of the possibility of such damages or claims.
Your sole and exclusive remedy against Direct PT Boise is to stop
using this Website. Without limiting the preceding paragraphs, you
expressly release Direct PT Boise from any responsibility and liability
relating to your use of this Website, your use of linked websites, and
the information contained in this Website or linked websites.
Information you provide through this Website.
We have the right, but not the duty, to monitor your use of this
Website, including any information you provide. You are responsible
for the information that you send, submit, or provide. You agree not
to transmit anything that is illegal, threatening, libelous, defamatory,
obscene, ethnically or racially offensive or discriminatory, profane, or
violative of any law or confidentiality agreement.
We may or may not monitor the information provided through this
Website, but if such information is brought to our attention, we may
edit, delete, modify, or ban the information, and take legal action as
we deem appropriate.
Email communications may not be secure.
Email may not be a confidential means of communication. Emails
that you send to Direct PT Boise or to its providers may be
misdirected or intercepted by unintended recipients. If you have
confidentiality concerns, please do not transmit any sensitive or
confidential information to us via email.
For your convenience, our Website offers the option to send us an
email, but it may not be secure. By using it, you agree that we are
not responsible for ensuring the privacy of these emails. We cannot
and do not guarantee the confidentiality or security of any email
transmission. If this concerns you, please use an alternate
communication method.
Consent to electronic communications.
If you provide Direct PT Boise with your email address, you consent
to receive unencrypted and unsecured email communications from
Direct PT Boise. You agree that any notices, agreements,
disclosures, or other communications that we send you via email
satisfy any legal communication requirements.
Links to third-party websites.
This Website may provide links to third-party websites. By clicking on
these links, you agree that we cannot control the information
presented on such third-party websites and are thus not responsible
for any damages or losses that you suffer. Unless otherwise stated,
all third-party websites are not maintained or relate to Direct PT
Boise.
By clicking on such links, you agree that we are not responsible for
their content, regardless of whether your access is provided by Direct
PT Boise or by another third party. We do not guarantee the
accuracy, timeliness, or suitability of the content of any third-party
website.
Links to third-party websites are not endorsements of the products,
services, or sponsoring organization of that linked website by Direct
PT Boise. Your sole and exclusive remedy for claims arising from any
such third-party products or services is against that third-party. Direct
PT Boise is not responsible in any manner for these claims.
Third-party websites and links to directptboise.com.
Direct PT Boise grants third-party websites the limited right to link to
its website. This limited right does not permit third-party websites to
use “framing” technology to capture the Direct PT Boise’s Content. It
also does not permit any activity that could create a misimpression or
confusion among users with respect to sponsorship or affiliation. If
your website provides a link to directptboise.com, notify Direct PT
Boise within three days of placing that link. You further agree to
remove the link and any reference to Direct PT Boise within 24 hours
if we make such a request.
Do not submit ideas, suggestions, or other Creative
Material through directptboise.com.
Do not send us any ideas, suggestions, materials, concepts, or other
information (collectively “Creative Material”). If, nevertheless, you
send us Creative Material in violate of these Conditions of Use, any
Creative Material that you send to us will become the property of
Direct PT Boise. This means that we will have unrestricted use of the
Creative Material for our sole personal and commercial purposes.
Regardless of how we use the Creative Material, you will not be
compensated, and we will not be liable to you or to any other person
involved with developing the Creative Material.
Waiver of rights to the Creative Material.
If you send Creative Material to Direct PT Boise (in violation of these
Conditions of Use), you agree: that you waive your rights to the
Creative Material; that the Creative Material is original to you; that
you have the right to submit the Creative Material to us; that you
have no recourse against Direct PT Boise for any alleged or actual
infringement or misappropriation of any proprietary right in the
Creative Material.
We are not obligated to maintain the confidence of any Creative
Material. Direct PT Boise disclaims any liability that may result from
Direct PT Boise’s disclosure of any Creative Material which is
submitted in violation of these Conditions of Use.
Do not send us any Creative Material or other information that
contains any viruses or other computer programming routines that
may damage, interfere with, intercept, or take any system, data, or
personal information; send us an unreasonably large amount of
Creative Material that overloads or burdens our servers, or otherwise
interferes with or inhibits any other user from using or enjoying this
Website; send us any advertisements, solicitations, chain letters,
pyramid schemes, investment opportunities, or other unsolicited
commercial communications; access, use, or copy any portion of the
Content using automated mechanisms, such as bots, spiders,
scrapers, web crawlers, or indexing agents; and impersonate another
person or allow any other person or entity to use your identity while
interacting on Direct PT Boise’s Social Media, as defined in its
Privacy Policy.
You agree to indemnify Direct PT Boise.
You agree to indemnify Direct PT Boise against any damages,
losses, liabilities, judgments, costs, or expenses (including
reasonable attorney fees and costs) arising out of any third party’s
claims that relate to your use of this Website.
Operation of this Website.
Direct PT Boise makes reasonable efforts to keep this Website
operational and available for access, subject to scheduled
maintenance, unscheduled maintenance, and systems outages. We
provide no assurance or warranty that: access will always be
available; service will be uninterrupted; the Website’s operation will
be error-free; any defects will be corrected; or that our Website’s
servers are free from viruses or other harmful components. You
agree to assume the entire cost of servicing, repairing, or correcting
your property as may be necessitated by your use.
Online privacy and communications.
We make all reasonable efforts to comply with all applicable laws
concerning online communications privacy. Your use of this Website
signifies your acknowledgment that the internet is neither more nor
less secure than other communications media, including mail, fax,
and telephone services, all of which can be intercepted or otherwise
compromised.
You should assume that all internet communications are non-secure
and exercise caution when sharing confidential information over the
internet.
Our Privacy Policy has more specifics, so please consult it.
Intellectual property rights.
Copyright and trademark protections.
This Website’s Content is protected by copyrights, trademarks,
service marks, patents, or by other proprietary rights and laws. By
using the Website, you agree not to sell, license, rent, modify, copy,
transmit, redistribute, publicly display, publicly perform, publish,
adapt, edit, or create derivative works from the Content. Your use of
the Content for any purpose that is not expressly permitted by these
Conditions of Use is prohibited.
Reproduction, replication, or redistribution for commercial purposes
of any of the Content is prohibited.
Health or injury disclaimer.
Waiver of claims against Direct PT Boise.
Direct PT Boise is not responsible for any injuries that you
experience from engaging in any of the activities described on this
Website or its Content. You expressly waive any claim for any injury
at against Direct PT Boise, or any person or entity involved with
Direct PT Boise, including (without limitation) its directors, members,
managers, principals, instructors, independent contractors,
employees, agents, contractors, affiliates, and representatives.
Physical exercise may cause injury.
Physical exercise may result in physical or mental injury or risk of
injury. You are solely responsible to exercise within your limits.
YOU SHOULD SEEK THE ADVICE OF A PHYSICIAN OR OTHER
LICENSED HEALTHCARE PROVIDER BEFORE BEGINNING A
PHYSICAL EXERCISE REGIMEN. IF YOU FEEL FAINT OR HAVE
PHYSICAL DISCOMFORT, STOP IMMEDIATELY, AND CONTACT
YOUR PHYSICIAN OR OTHER LICENSED HEALTHCARE
PROVIDER. IN EMERGENCIES, CALL 911.
Although the Content may suggest an exercise, equipment
technique, or stretch, it is your responsibility to determine if such
behavior is consistent with your ability and safe for you.
No warranty or guarantee of any outcome.
Direct PT Boise endeavors to provide accurate information on this
Website, but we may include testimonials and examples on this
Website regarding health concerns that are different than your health
concerns. We make no guarantee that you will achieve comparable
results by undertaking a comparable program. Your individual results
will depend upon your personal background, dedication, overall
health, medical history and many other factors that are beyond the
scope contemplated by this Website. You should always share your
concerns with and seek the guidance of a licensed healthcare
professional familiar with your personal medical history. Please make
an appointment with Direct PT Boise directly.
DIRECT PT BOISE DOES NOT GUARANTEE OR WARRANTY
THAT YOU WILL HAVE ANY PARTICULARE RESULT.
Intellectual property infringement.
Direct PT Boise respects intellectual property rights.
Direct PT Boise respects intellectual property rights. If you believe
that information on our Website is constitutes a copyright or
trademark infringement, provide the following information: (1) the
claimed infringement; (2) reasonably sufficient information to allow us
to locate the claimed infringement on this Website; (3) the owner or
complaining party’s contact information, including name, address,
and email address; (4) the owner’s signature; (5) a statement by the
owner that the owner has a good faith belief that the use of the
copyright or trademark is not authorized by the copyright or
trademark owner, its agent, or the law; (6) a statement, under penalty
of perjury, that the information is accurate, and that you are
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
Be aware, under Section 512(f) of the Copyright Act, any person who
knowingly materially misrepresents that material or activity is
infringing may be subject to liability.
DMCA takedown notification.
If you provide a valid DMCA takedown notice, Direct PT Boise will
notify you if we have removed copyright protected material.
No assignment of Conditions of Use.
Direct PT Boise may assign or transfer these Conditions of Use or
licenses without notice. You may not assign or transfer your rights or
obligations under these Conditions of Use to others.
Enforcement of these Conditions of Use.
Conflicts governed by Idaho law.
Adversarial proceedings arising out of these Conditions of Use or our
Website Privacy Policy shall be governed by the laws of the State of
Idaho, without giving effect to its principles of conflicts of law. If visitor
to this Website takes legal action against us relating to these
Conditions of Use, our Privacy Policy, or that visitor’s interactions
with or relationship to Direct PT Boise, that visitor agrees to file such
action only in the state and federal courts located in the Boise, Idaho.
Treatment of unenforceable provisions.
Any provision of this agreement that is held to be unenforceable shall
be modified to the minimum extent necessary to make it enforceable,
unless that modification is not permitted by law, in which case that
provision will be disregarded. If an unenforceable provision is
modified or disregarded in accordance with the proceeding, then the
remaining portions of such portion will remain in effect as written. Any
unenforceable provision will remain as written in any circumstances
other than those in which the provision is held to be unenforceable.
Validity of waivers of these Conditions of Use.
Any waiver of these Conditions of Use or our Privacy Policy is valid
only if it is in writing and signed by Rita Miller, PT, MPT or another
authorized representative of Direct PT Boise. But no waiver shall be
deemed a further or continuing waiver of such term or any other term
or condition of use.
Entirety of the agreement between you and Direct PT Boise.
These Conditions of Use and our Privacy Policy constitute the entire
agreement between you and Direct PT Boise relating to this Website.
However, they do not create any relationship between you and Direct
PT Boise beyond that which is stated in these Terms of Use and the
Website Privacy Policy.
Changes to these Conditions of Use, the Privacy Policy,
or this Website.
Direct PT Boise may change this Website, these Conditions of Use,
or its Privacy Policy at any time without prior notice to you. If you use
this Website after any such changes, you demonstrate your
agreement to be bound by such changes.
Affiliates disclaimer.
In accordance with the Federal Trade Commission’s Guides
Concerning the Use of Endorsements and Testimonials in
Advertising, 16 C.F.R. Part 255 Sections 255.0 through 255.5, some
of the links provided on Direct PT Boise’s Website may be affiliated
links. This means that Direct PT Boise may be paid if you purchase
products or services through such links.