website terms of use
Last Modified: July 19, 2020
Acceptance of the Terms of Use
Welcome to the website of BREAKINGTHROUGH SAN DIEGO PHYSICAL THERAPY ("we" or "us"). The following terms and conditions (these "Terms of Use") govern your access to and use of https://www.breakthroughsdphysicaltherapy.com/ any content, functionality, and services offered on or through https://www.breakthroughsdphysicaltherapy.com/ (the "Website").
Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.breakthroughsdphysicaltherapy.com/, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to this Website, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by BREAKINGTHROUGH SAN DIEGO PHYSICAL THERAPY, its licensors or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Some materials accessible from these pages are maintained by other institutions. Their use is, therefore, subject to such conditions as those institutions set.
In those cases where the underlying materials are government documents, those materials are in the public domain. BREAKINGTHROUGH SAN DIEGO PHYSICAL THERAPY does not assert copyright in US Government works but it does claim copyright in markup, navigation apparatus, and other value-added features of electronic editions of government publications.
BREAKINGTHROUGH SAN DIEGO PHYSICAL THERAPY invites you to make use of its content so long as you:
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Identify the author and source of the content as you would material from any printed work;
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Identify the Website as the source of the content;
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Do not remove any copyright, trademark, or other proprietary notices including attribution information, credits, or notices that are placed in or near the text, images, or data; and
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Comply with any other terms or restrictions that may be applicable to the content.
Some materials on the Website already include copyright statements or attributions and you may not remove or obscure those attributions or copyright statements. Whenever possible, attribution should take the form of a link to this Website.
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If you wish to make any use of material on the Website other than that set out in this section, please address your request to:
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by BREAKINGTHROUGH SAN DIEGO PHYSICAL THERAPY. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
The practice name, the terms the practice logo, and all related names, logos, product and service names, designs and slogans are trademarks of BREAKINGTHROUGH SAN DIEGO PHYSICAL THERAPY or its affiliates or licensors. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
The BREAKINGTHROUGH SAN DIEGO PHYSICAL THERAPY logo may be used by third parties when:
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The third party is a partner of BREAKINGTHROUGH SAN DIEGO PHYSICAL THERAPY, an educator, or other entity interested in promoting BREAKINGTHROUGH SAN DIEGO PHYSICAL THERAPY, or a journalist seeking to provide information to the public about chiropractic health.
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Logo usage does not diminish the reputation of practices Physical Therapy or BREAKINGTHROUGH SAN DIEGO PHYSICAL THERAPY.
Hyperlinking the logo to www.breakthroughsdphysicaltherapy.com is required in all digital communications.
The www.breakthroughsdphysicaltherapy.com website address is required to be used in any printed document whenever BREAKINGTHROUGH SAN DIEGO PHYSICAL THERAPY’s logo or shield image is visible within that document.
Third parties meeting the above criteria are authorized to use the BREAKINGTHROUGH SAN DIEGO PHYSICAL THERAPY – Horizontal Logo and the BREAKINGTHROUGH SAN DIEGO PHYSICAL THERAPY – Vertical Logo according to the provided usage guidelines.
With the exception of sizing, logos should not be altered in anyway. BREAKINGTHROUGH SAN DIEGO PHYSICAL THERAPY reserves the right and has sole discretion to terminate or modify permission to display the logo and/or shield, and may request that third parties modify or delete any use of the logo that does not comply with these usage guidelines.
Please contact santiago@breakthroughsdphysicaltherapy.com for questions related to the authorized users of the BREAKINGTHROUGH SAN DIEGO PHYSICAL THERAPY logo.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to:
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use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real-time activities through the Website;
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use any device, software, or routine that interferes with the proper working of the Website;
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introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
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attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
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attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
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otherwise, attempt to interfere with the proper working of the Website.
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Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, including materials that may be provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by BREAKINGTHROUGH SAN DIEGO PHYSICAL THERAPY, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of BREAKINGTHROUGH SAN DIEGO PHYSICAL THERAPY. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third party.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to the Website
BREAKINGTHROUGH SAN DIEGO PHYSICAL THERAPY is happy for you to link to the Website, including deep links to specific materials, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
BREAKINGTHROUGH SAN DIEGO PHYSICAL THERAPY is based in the state of California in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BREAKINGTHROUGH SAN DIEGO PHYSICAL THERAPY NOR ANY PERSON ASSOCIATED WITH BREAKINGTHROUGH SAN DIEGO PHYSICAL THERAPY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER BREAKINGTHROUGH SAN DIEGO PHYSICAL THERAPY NOR ANYONE ASSOCIATED WITH BREAKINGTHROUGH SAN DIEGO PHYSICAL THERAPY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
BREAKINGTHROUGH SAN DIEGO PHYSICAL THERAPY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Reporting Incorrect or Infringing Material
If you find something in the Website that you feel is incorrect, we encourage you to report it; we take great pride in making the information we provide as accurate as possible.
If you find something in the Website that you believe to be a violation of copyright or other right that you personally hold, we want to know so we can correct the problem. Please tell us where the material is, and why you think it is infringing.
Please contact us by clicking on this contact link or write to us at BREAKINGTHROUGH SAN DIEGO PHYSICAL THERAPY, 2424 Vista Way, Suite 120, Oceanside, CA 92054.
Limitation on Liability
IN NO EVENT WILL BREAKINGTHROUGH SAN DIEGO PHYSICAL THERAPY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless BREAKINGTHROUGH SAN DIEGO PHYSICAL THERAPY, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website's content, other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law, provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Oceanside and County of San Diego although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver of by BREAKINGTHROUGH SAN DIEGO PHYSICAL THERAPY of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of BREAKINGTHROUGH SAN DIEGO PHYSICAL THERAPY to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and BREAKINGTHROUGH SAN DIEGO PHYSICAL THERAPY with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.
Your Comments and Concerns
This website is operated by BREAKINGTHROUGH SAN DIEGO PHYSICAL THERAPY, 2424 Vista Way, Suite 120, Oceanside, CA 92054.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to santiago@breakthroughsdphysicaltherapy.com.
Thank you for visiting the Website.
