TERMS OF USE

This website (“Site”) is owned by Good Living Habits, LLC, doing business as” Actify Physiotherapy & Wellness,” (“Company”, “we”, “us”, “our”).

By accessing, using and browsing the Site, you accept, without limitation or qualification, this Terms of Use Agreement each time you use our Site.  In addition, you are agreeing to the terms in our Privacy Policy available at https://www.actifypt.com/privacy-policy. 

This Terms of Use Policy requires the use of arbitration on an individual basis to resolve disputes instead of a jury trial, which limits the remedies available to you in the event of a dispute.  By using our Site, you understand that you are waiving certain legal rights and are voluntarily agreeing to do so.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.

“Company”, “We”, “Our”, or “Us” means Good Living Habits, LLC, doing business as” Actify Physiotherapy & Wellness.

“Content” or “Program” means any and all written, visual, video, or audio information contained on the Site or provided as a link to our Content on other platforms/sites, including, but not limited to, blog posts,  graphics, newsletters, designs, documents, information, templates, coaching guides, e-books, forms, membership materials, webinars and other instructional videos, photographs and exercise instructions/programs regardless of whether they are in a viewable, downloadable or access to a streaming form. 

“You” or “Your” means a Visitor, User, Patient, Client or Customer of the Site.

“Visitor” or “User” means any individual who accesses any Content on the Site, whether the Content is free or paid.

“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, address, email address, telephone number, credit card information, site behavior, etc.

Our Services.  Company provides physical therapy, pilates and other wellness and health education services, which are offered at our clinic location in Florida or through telehealth services. Some educational products and information (hereinafter “Content”)  is available directly on our Site. 

 

Your Use of Our Site. Your use of our Site and Content are solely for internal, personal, non­commercial purposes, unless otherwise provided in this Agreement.  Our online content is intended solely for Users who are at least age 18 years of age or older or who are under the supervision of a parent or guardian if under 18 years old.  By using our Site and/or Content, you represent and warrant that you are 18 years or older or you have obtained the consent of a parent or guardian to use our Site.  Any use of or access to our Site by anyone under 18 without parental or guardian consent is unauthorized, unlicensed and in violation of these Terms of Use.

Our Relationship to You (Medical Disclaimer).  The Content on our Site is intended for educational purposes only.  Our Site and Content are not intended to provide individualized medical, dietary or rehabilitation advice.  Your use of our Site and Content does not constitute a patient-provider relationship.  You further understand that the information provided on our Site and in our Content is by no means complete or exhaustive, and that as a result, such information does not encompass all conditions, disorders, or dysfunctions that may occur. Any use of our Content is at your own risk.  Always seek the advice of your own medical providers before implementing any suggestions you find in our Blogs, e-newsletters or other Content on our Site.

 

Testimonials. You also acknowledge that all customer testimonials found on our Site are strictly the opinion of that person and any results such person may have achieved are solely individual in nature and your results may vary.  Any and all current or past-client testimonials, statements, or examples used by us or posted by individuals on our Site are not guarantees that you will also experience or receive the same results. You understand that such information is based upon personal experience and is not a substitute for obtaining professional medical advice.

Contact Page.  Our website allows you to send messages to us through our Site.  You should be aware that if you initiate contact with us through our Contact page, you are accepting the inherent risks that email correspondence poses related to privacy and security and giving us permission to use your personal information to respond to you.  We recommend, therefore, that you only provide as much personal information as necessary to describe why you are contacting us. 

 

Prohibited Uses.  You are prohibited from using the Site and its Content   (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website.

Right to Terminate.  We reserve the right to limit your use of the Site and/or the Content or to terminate your account should the we determine, in our sole discretion, that you have violated any of the prohibited uses or any other terms in this Agreement.  In addition, we reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information. 

Intellectual Property Rights.  You agree that the Site itself, as well as all educational content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by the Company and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide, if any. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, modified or used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties.

Your License to Us.  If you post or submit to us any creative ideas, inventions or suggestions for our Content or services, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you. This does not apply to personal information otherwise subject to any confidentiality requirements under law or this Agreement.

Digital Millennium Copyright Act of 1998.  The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any of the materials appearing on this Web site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright.  In accordance with the DMCA, Company has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Elite at the address in the Contacting Us section below.

Third-Party Links and Affiliate Relationships.  Third-party links on our Site, whether posted by us or other Users, may direct you to third-party websites that are not affiliated with us.  We may also offer suggestions on our Site for products or services that are sold by other vendors by providing a link to vendor’s website where the product or service can be purchased.  We offer such links primarily as a convenience to you, though we may have an affiliate relationship with one or more of such vendors, which means we may earn a small commission if you purchase the product or service through the link we provide.  Any suggested websites or links provided is not an endorsement, sponsorship or approval of that website or its content even if we have an affiliate relationship with the vendor.  We are not responsible for examining or evaluating the content or accuracy of such products and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Consent to Receive Communications.  If you register as a visitor on our Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.  You may opt-out of receiving such communications by clicking the “Unsubscribe” button on the communication or by contacting us at the address in the “Contact Us” section below. 

Your Personal Information.  The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system, whether or not password protected, can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.

The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy,https://www.actifypt.com/privacy-policy If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.

WARRANTIES DISCLAIMER.  NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE CONTENT/MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH CONTENT/MATERIALS, THE SUITABILITY OF SUCH CONTENT/MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY DOES NOT WARRANT THAT USE OF THE CONTENT/MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE CONTENT/MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER, INCLUDING, FOR EXAMPLE, YOUR WEB SERVICE PROVIDER SERVICE, PAYMENT PROCESSING SERVICES, YOUR SOFTWARE AND/OR ANY UPDATES OR UPGRADES TO THAT SOFTWARE. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION.

Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.

 

Release of Liability and Indemnification.  You agree to indemnify and hold the Company and its directors, officers, employees, agents and assigns harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.

Waiver of Right to Pursue Class Action Claims.  You agree to only resolve disputes with use on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.  Unless we both agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

 

Dispute Resolution and Arbitration

If a dispute arises between us, you agree to submit to binding arbitration before a single arbitrator, selected jointly in accordance with the American Arbitration Association Rules.  Before seeking arbitration, however, you agree to submit your concerns to us in writing by certified mail, return receipt requested, at the address in the Contact Information section below at least sixty (60) days prior to requesting arbitration so we can try to resolve your issue without resorting to arbitration.  Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having jurisdiction. By agreeing to this Privacy Policy through the use of our Site, you are agreeing to a modification of the applicable statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission or other conduct complained of and submitted to us through certified mail or it shall otherwise be forfeited forever.  You also agree that arbitration shall be held in Palm Beach County, Florida. 

Third Party Beneficiaries.  The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Governing Law and Jurisdiction.  This agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law.  If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Contacting Us.  If you have any questions or concerns about this Terms of Use Agreement or our practices, please contact us at:

Actify Physiotherapy & Wellness

Attn:  Marcia Perretto

7000 Palmetto Park Rd, Suite 305

Boca Raton, FLORIDA 33433

These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.

Last Updated:  2/4/2021