Terms of Services
Last modified: 19 December, 2021
The material appearing on this website https://www.mywinpt.com (this “Site”), is provided as information about MYWIN PT’s business, community, and people, and as a platform for online connection. The owner of this Site, MYWIN PT, and its directors, officers, agents, employees and affiliates assume no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the information found on this Site or material linked to this Site.
Any information on this Site is provided for promotional or informational purposes only and is not to be relied upon as a professional opinion. By using this Site, you accept and agree that following and using any information or recommendation provided on this Site is at your own risk.
TERMS AND CONDITIONS
Please read the following carefully! Your access to and use of this Site is subject to legally binding terms and conditions which you accept and agree to by accessing this Site.
The following terms and conditions (“Terms and Conditions”) form a binding agreement (this “Agreement”) between you and MYWIN PT, LLC, a Limited Liability Company organized in, and operating out of, the State of North Carolina (“MYWIN PT”). MYWIN PT may modify, amend, supplement and replace these Terms and Conditions at any time without providing you with advance notice. Your continued use of this Site after any change means you have accepted the changed Terms and Conditions.
- Copyright. All materials created by MYWIN PT on the Site are protected by United States copyright laws as original works. The absence of a registered copyright symbol does not mean that such materials are not protected as belonging to MYWIN PT.
- Links to Third Party Websites. This Site may contain links to third party websites. All such linked sites, materials and pages are not under the control of MYWIN PT and MYWIN PT is not responsible for the content contained in any linked website nor for any losses or damages you may incur as a result of the use of any third party website. MYWIN PT accepts no liability for any errors or omissions contained in third party websites. These links are provided to improve your use of this Site, enable you to connect with MYWIN PT on various platforms, help MYWIN PT offer the easiest services for you and conduct transactions.
- Use License. If MYWIN PT has materials on the Site which you can download, permission is granted to download copies of the materials for personal, non-commercial viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
3.1. modify or copy the materials;
3.2. use the materials for any commercial purpose or for any public display (commercial or non-commercial); or
3.3. transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by MYWIN PT at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.
- Refunds. Our refund policy for any of the services or products sold on the Site is as follows: All sales are final.
- Disclaimer. Our goal is to share information in an informative, open, and honest way. That being said, any information and services provided on or through the Site is for informational and educational purposes only. What we share is the opinion and perspective of MYWIN PT. The information and education is not intended or implied to supplement or replace professional advice. Before taking any action, please make sure you consult with a professional.
- No Guarantees. We make no guarantees about any particular results or benefits that you’ll get from our Site, our products or services. We will do everything to give you the tools to succeed, but we make no guarantees. We cannot be any more clear about this: we make no promises regarding results and make no guarantees whatsoever.
- Limitation of Liability. In no event shall MYWIN PT or its affiliates be liable for any damages (including, without limitation, special, punitive, consequential or exemplary damages, damages for loss of data or loss of profit, or damages resulting from business interruption) arising out or related to of the use of the Site or inability to view or use the materials or content on the Site, even if MYWIN PT has been notified orally or in writing of the possibility of such damages.
- Governing Law; Choice of Venue. The parties irrevocably agree that this Agreement and any claim, controversy or dispute arising under or relating to MYWIN PT’s Site, the relationship of the parties and/or the interpretation and enforcement of the rights and duties of the parties will be governed by the laws the State of North Carolina without regard to any conflict of law provisions. Any suit, action or proceeding against any party with respect to this Site shall be brought in the courts of the State of North Carolina, and each party irrevocably submits to the non-exclusive jurisdiction of such courts for the purpose of any such suit, action or proceeding.
- Indemnity. As a condition of your use of this Site, you agree to indemnify MYWIN PT and its directors, officers, agents, employees and affiliates (each such person an “Indemnitee”) from and against, and hold each Indemnitee harmless from, and shall pay and reimburse any such Indemnitee for, any and all losses, claims, liabilities, expenses (including legal fees) and damages arising out of claims resulting or arising from your use of this Site.
- Entire Agreement. These Terms and Conditions and any other legal notices, policies and guidelines of MYWIN PT linked to these Terms and Conditions or contained on this Site constitute the entire agreement between you and MYWIN PT relating to your use of this Site and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. This Agreement may not be amended or modified except in writing by MYWIN PT. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, that portion or provision shall be enforced to the maximum extent permissible so as to effectuate the intent of the parties as reflected by that provision, and the remainder of these Terms and Conditions shall continue in full force and effect. Failure by MYWIN PT to enforce or exercise any provision of these Terms and Conditions shall not constitute a waiver of any right that MY WIN PT may have. Paragraph headings are for reference only.
- Children Under 18. The Site is not intended for children under eighteen (18) years of age. No one under age 18 may provide any Personal Information to or on the Site. MYWIN PT does not knowingly collect Personal Information from children under 18. If you are under 18, do not use or provide any information on the Site or through any of its features, register on the Site, make any purchases through the Site, use any of the interactive or public comment features of the Site, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If MYWIN PT learns we have collected or received Personal Information from a child under 18 without verification of parental consent, we will delete that information. If you believe MYWIN PT might have any information from or about a child under 18, please contact us at firstname.lastname@example.org.
- What Personal Information does MYWIN PT collect and how is it processed?
4.1 What do we collect? MYWIN PT may directly collect your name, address, phone number and email address. There may be other information you provide but that will not be collected by MYWIN PT and instead will be collected by the third parties MYWIN PT works with, including without limitation the third parties outlined in Section 4.4.
4.2 Email. We may send you a newsletter or other promotional materials through email. We will only contact you through our newsletter for promotional or informational purposes. Subscribing to our newsletters is optional and you will always be able to unsubscribe.
4.4 Third Parties. MYWIN PT may work with third party applications in order to provide you with the best services on the Site. These organizations may collect Personal Information from you in order to provide you with the services, including your name and contact information. Some of the third parties MYWIN PT may work with on the Site are listed below. We’ve included links to their privacy policies to ensure you are comfortable using them.
4.4.1 MailChimp: https://mailchimp.com/legal/privacy/,
4.4.2 Squarespace: https://www.squarespace.com/privacy/,
4.4.3 Stripe: https://stripe.com/privacy-center/legal,
4.4.4 Youtube: https://www.youtube.com/static?gl=CA&template=terms,
4.4.5 Facebook: https://www.facebook.com/full_data_use_policy,
4.4.6 Instagram: https://help.instagram.com/402411646841720,
4.4.7 Google Drive: https://www.google.com/drive/terms-of-service/
5. How will MYWIN PT use your Personal Information? Your Personal Information will be used to (i) provide you with promotional and informative materials and offers and (ii) deliver the products and services you can purchase or subscribe to from the Site. Specifically:
5.1. Your credit card information will not be kept by MYWIN PT but instead by one of the third parties listed in section 4.4 above;
5.2. Your name and e-mail address are collected but will not actually be stored on the Site. Any information captured will be processed through third party websites listed in Section 4.4 above;
5.3. Your phone number may be used to contact you via phone if there is information we would like to share which we feel would benefit you;
5.4. If you subscribe to our newsletter your Personal Information will be used to send the newsletter to you;
5.5. If we send you the newsletter for marketing purposes, we will send you emails about promotions, special events and other information. You can opt not to receive these emails from us by either clicking “unsubscribe” at the bottom of the email when you receive it or by sending an email that includes your email address and a request that you not receive our promotional emails;
5.6. We may use your Personal Information to respond when you submit a question or suggestion to us, or when you request assistance regarding a service or product you purchased;
5.7. We may share your information if we believe in good faith that disclosure of your information is required to protect your safety or the safety of others, to investigate potential fraud, or to respond to a government, judicial or other legal request or to comply with applicable law; and
5.8. We may also share certain aggregated, anonymized information with a third-party provider in order to assist us in improving the Site.
- Storing Your Personal Information. MYWIN PT’s web service may store your Personal Information when you interact with the Site. MYWIN PT will be happy to delete any of your Personal Information that it holds upon a written request made by you. Your Personal Information will be safely disposed of by MYWIN PT.
- Storing Your Phone Number. Your phone number will be kept in the phone or contacts database of MYWIN PT and its associates. Wherever it is stored, it will always be protected with a password and will never be shared with third parties without your permission.
- Do Not Track Signals. MYWIN PT currently does not recognize or respond to browser-initiated Do Not Track (DNT) signals, as the Internet industry is currently still working on Do Not Track standards and there is no accepted standard on how to respond to such signals.
- Analytics. The Site keeps the following information from your visits to our webpage:
10.1. Visitor information to improve our customer engagement which tells us where and when people visit the Site and how long they stay there; and
10.2. IP information for website and server security.
11.1. A cookie is a small text file that gets sent by the servers of the Site to your hard drive and can only be read and interpreted by the Site’s servers. No Personal Information is stored in the cookie and there is nothing on it which can identify you personally.
11.2. Cookies have an important function in how you interact while visiting the Site, ensuring the usability of the Site’s different features, helping the Site understand your preferences, and thus can improve your experience on the Site. If you do not want cookies from the Site, simply adjust the settings in your web browser to disable cookies. This may change the way you access the Site and may also render some of the Site’s features unusable, but of course it is your choice to do so.
- Disclosure of Personal Information. MYWIN PT will NEVER sell or license any Personal Information we collect from you. MYWIN PT is not liable for any disclosure of your Personal Information by any third party, including without limitation the third parties outlined in Section 4.4 above. By purchasing the services and products offered by MYWIN PT, you agree to be bound to and consent to the provisions of our third parties’ privacy policies. In the event that MYWIN PT changes its practices, you will be notified and you will be able to opt-out of MYWIN PT using your Personal Information by contacting us at email@example.com.
- Protecting Your Privacy. MYWIN PT is committed to protecting your privacy. Security measures, such as using passwords on servers and computers, and locked cabinets where Personal Information is stored have been adopted to protect your Personal Information against loss or theft, unauthorized access, disclosure, copying, use or modification. Online transactions are completed using third party applications outlined in Section 4.4 above. Please refer to the third parties’ privacy policies, of which links have been provided above, for clarification on how your transaction and Personal Information will be handled. MYWIN PT makes no promises, warranties or representations about the manner in which your Personal Information is handled by third parties and disclaims any and all liability whatsoever for their use of them.
- Verifying your Identity. MYWIN PT will ask you to verify your identity when you contact us or submit a request regarding your Personal Information. MYWIN PT will ask you to provide sufficient information that allows us to reasonably verify that you are the person who we collected Personal Information about.
- The Internet Can Be Unreliable. The internet is, by its nature, inherently open and subject to interception of information. We cannot guarantee that the information you provide to MYWIN PT over the internet or otherwise will not be intercepted by third parties while it is being communicated by means that are outside of MYWIN PT’s control.
- Verifying and Amending Your Personal Information. MYWIN PT tries to ensure that all Personal Information about you that is in our possession is accurate, complete and up-to-date. Please contact us at firstname.lastname@example.org to advise us of any changes to your Personal Information. You may request access to the Personal Information held by MYWIN PT at any time or seek to make corrections to it.
- Resolving your concerns. If you have any questions or concerns about MYWIN PT’s Personal Information collection, use and disclosure practices, please let us know at email@example.com and we will do our best to help you.
- Qualifications. MYWIN PT and its operators may hold the following qualifications and professional certifications related to MYWIN PT: Doctorate of Physical Therapy; Certified Yoga Teacher; Certified Nutrition Health Coach. MYWIN PT makes no representation to hold any other qualifications or representations outside of the foregoing.
- Not Professional Advice. Nothing shared on this Site by MYWIN PT is or shall be deemed to constitute professional advice. The Site is simply a compilation of content, products and services that MYWIN PT provides. MYWIN PT and its services are not a substitute for professional advice or diagnosis. Please seek professional advice before engaging with our services and clearly understand that MYWIN PT’s services are not a substitute for professional advice.
- Video Disclaimer. In engaging with the content and videos shared on MYWIN PT’s Site and other platforms, including without limitation Youtube, you hereby irrevocably release MYWIN PT from any liability related to any injuries or issues which may arise from engaging with, participating in, or viewing this content. YOU ARE RESPONSIBLE FOR YOUR OWN ACTIONS WHEN ACCESSING THIS CONTENT. This content is posted for educational and informational purposes only and is not tailored to you specifically in any way. Please note that this content is simply MYWIN PT’s interpretation and approach, and that MYWIN PT makes no representations about its efficacy and does not promise or guarantee any specific results. Please feel free to connect with MYWIN PT to ask us any questions. All communications should be directed to firstname.lastname@example.org.
- Social Media. This Disclaimer applies to MYWIN PT’s Site, content, services, and all social media. Specifically:
4.1. Instagram: @mywinphysicaltherapy
4.2. Facebook: https://www.facebook.com/mywinphysicaltherapy
- No Guarantees. You understand that MYWIN PT makes no guarantees whatsoever regarding any results as a result of or related to any action or inaction based on the information we share or services we provide through the Site. At the end of the day, we will not be responsible or make any promises for what will happen in your life and health.
- Intention. The intention of the information we share and post on the Site is for informational and promotional purposes only.
- Not a Client. By accessing and using the Site, there is no client-professional relationship created between you and MYWIN PT. You will only be a client once we enter into an agreement regarding the services or when you sign a contract that we send to you, thereby officially creating a professional-client relationship. We hope to work together with you soon, but until we sign an agreement together, you are not a client. By continuing to use the Site, you acknowledge that until such a professional-client relationship is established you are a visitor only.
- Mistakes. We are committed to doing our best. All of the content we put on the Site is intended to be as accurate as possible and to be as helpful as possible in providing you our content and services. That being said, please understand that we are human and can make mistakes, and there is a chance (albeit very small) that information on the Site may be inaccurate. If this happens, we will rectify it as soon as it comes to our attention! We will never intentionally mislead you and we are committed to providing you with the best content and services. If you have any issues with this, you are always welcome to stop using the Site.
- No Warranties. MYWIN PT makes no promises that the Site or third-party programs we use to offer our services and products will always be operational. If something goes wrong, obviously, we’ll do everything we can to fix it ASAP]. We also make no representations or warranties of any kind around any of the content we produce or share on the Site. To the maximum extent permissible by applicable laws, MYWIN PT disclaims all warranties regarding all information, products and services offered on or through the Site.
- Reach Out. Please feel free to connect with MYWIN PT to ask us any questions. All communications should be directed to email@example.com.