Terms & Conditions
Welcome to Pondera Rehabilitation & Fitness PC’s
website! We are pleased to provide you with informational
and educational services on this website (“Website” or
“PonderaRehab.com”) in accordance with these Terms
and Conditions of Use (“Conditions of Use”).
This website is owned and managed by Pondera
Rehabilitation & Fitness, PC. (“us,” “our,” or “we”). By
using this Website, you agree to the Conditions of Use and
the Privacy Policy. If you do not agree, do not use this
Website. Please read these terms carefully.
1. Your acceptance and agreement to be bound
by these conditions of use:
By using this Website, you agree to allow Pondera
Rehabilitation & Fitness PC to collect, use, and disclose
your information under the terms explained in the 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.
These Conditions of Use govern your access to and use of
Pondera Rehabilitation & Fitness PC’s Website, products,
data, services, and any content provided to you on, from,
or through this Website, any of our software, and any
applications created by Pondera Rehabilitation & Fitness
PC, whether available through a social networking site or
through our subsidiaries or affiliated companies. This
collective content is encompassed by references to the
Website throughout these Conditions.By accessing or using PonderaRehab.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.
2. This website does not create a provider-
patient relationship and does not provide
medical advice
This Website’s content is provided only for informational
and educational purposes. The Website’s Content
includes:
• text, images, videos, and blogs on
PonderaRehab.com;
• content displayed on Pondera Rehabilitation &
Fitness PC’s social media (as “social media” is
defined in the Website’s Privacy Policy);
• information obtained from Pondera Rehabilitation &
Fitness PC’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.
Nothing on our website constitutes or is a
substitute for medical advice:
If you have concerns about any medical condition,
diagnosis, or treatment, you should personally consult witha licensed healthcare provider. In case of a medical
emergency, you should call 911 immediately.
Your visit to our website does not establish a
provider-patient relationship between you and
Pondera Rehabilitation & Fitness, PC or Amy
Zipp, MS OT/L:
By using this Website, you explicitly acknowledge that you
understand your use of this Website does not create a
provider-patient relationship between you and Pondera
Rehabilitation & Fitness PC. Your use does not create any
duty for us to follow up with you about any medical
condition, diagnosis, or treatment.
Pondera Rehabilitation & Fitness PC’s conduct
on this website does not constitute the practice
of occupational therapy:
Pondera Rehabilitation & Fitness PC’s conduct and
information-sharing on this Website does not constitute the
practice of occupational therapy. The Website is offered
only for educational purposes. Its Content is provided
based upon our proficiency in, knowledge of, and
experience with occupational therapy and fitness.
3. Do not provide protected health information to
us
As described in our Privacy Policy, we take the privacy
and confidentiality of our visitors seriously. However,
because we do not store or transmit protected health
information (“PHI”) through this Website, our activities as
they relate to this Website and its Content do not complywith the Health Insurance Portability and Accountability Act
(“HIPAA”).
Do not use this Website to provide, transmit, store, or
disclose any health information that constitutes PHI.
Pondera Rehabilitation & Fitness PC accepts no
affirmative duty to monitor whether you provide, transmit,
store, or disclose PHI while using this Website or its
Content. If you violate these Conditions of Use and share
PHI through this Website, or if we become aware that you
are using, providing, transmitting, storing, or disclosing
PHI, we may revoke your access to the Website.
Once you share information online, it may be impossible to
make that information private again. If you use, provide,
transmit, store, or disclose PHI through this Website, you
agree to indemnify Pondera Rehabilitation & Fitness PC
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.
You are strongly urged to not share PHI in any contact
features or on our social media; there is a secure login
portal available for that (IntakeQ).
4. How you are permitted to use the content of
our website
Unless otherwise expressly stated, Pondera Rehabilitation
& Fitness PC, or its licensors, owns the entirety of the
Content on this Website. The Content is protected by
United States and worldwide copyright laws and treaty
provisions.Pondera Rehabilitation & Fitness PC grants you a limited,
personal, nonexclusive, and nontransferable license to
use and display the Content so long as you perpetually
meet these two conditions: (1) You are compliant with
these Conditions of Use; and (2) You do not modify,
delete, or change any copyright, trademark, or other
proprietary notice. You remain subject to the Conditions of
Use and our Privacy Policy in all conduct related to
Pondera Rehabilitation & Fitness PC’s Content.
Except as provided above, you may not: copy, reproduce,
modify, use, republish, upload, post, transmit, or distribute
any of the Content, including any trademarks, names, or
logos, and you may not redeliver or present any of the
pages, text, images, or the Content using “framing”
technology, nor systematically retrieve data, information,
or the Content to create a collection, compilation,
database, or directory.
If you intend to reference Pondera Rehabilitation & Fitness
PC’s Content in your materials, website, courses, lectures,
articles, blogs, or by any other method, you must first
obtain written permission from Pondera Rehabilitation &
Fitness PC. Failure to do so will violate these Conditions
of Use and subject you to potential fines and legal action.
All rights not expressly granted are reserved to Pondera
Rehabilitation & Fitness PC.
5. Rules for your conduct while visiting our
website
Pondera Rehabilitation & Fitness PC has the right to
monitor all conduct on this Website, but we do not haveany obligation to do so. You expressly agree to the
following:
• You will not deceive, harass, stalk, harm, or exploit
any other users;
• You will not distribute spam;
• You will not collect or record information about other
users; or
• You will not advertise or solicit others to purchase any
product or service.
6. 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 determine that a visitor is under the
age of eighteen, we do not collect personally-identifiable
information about them. If we inadvertently or accidentally
encounter personally-identifiable information about a child
under the age of eighteen, we will not knowingly disclose
that information to any third party.
7. Disclaimer of Pondera Rehabilitation & Fitness
PC’s liability and statement of no warranty
THE INFORMATION ON OUR WEBSITE IS PROVIDED
ON AN “AS IS” BASIS. PONDERA REHABILITATION &
FITNESS PC MAKES NO REPRESENTATIONS, AND NO
EXPRESS OR IMPLIED WARRANTIES, WITH RESPECT
TO THE CONTENT, OR OTHERWISE REGARDING THIS
WEBSITE OR ANY WEBSITE LINKED THROUGH
PONDERAREHAB.COM.
TO THE FULLEST EXTENT PERMITTED BY LAW,
Pondera Rehabilitation & Fitness PC DISCLAIMS ALLEXPRESS OR IMPLIED WARRANTIES, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT.
JULIE WIEBE PT DOES NOT WARRANTY THE
ACCURACY, RELIABILITY, COMPLETENESS,
CURRENTNESS, TIMELINESS, OR AVAILABILITY OF
THIS WEBSITE OR THE CONTENT OF ANY WEBSITE
LINKED THROUGH PONDERAREHAB.COM.
By using this Website, you signify that you assume the risk
of accessing and using the information it provides. We do
not guarantee the accuracy of information provided on this
Website, and Pondera Rehabilitation & Fitness PC is not
responsible for any errors or omissions in the information
provided.
Responsibility for website visitors’ damages or
loss:
By using this Website, you agree that Pondera
Rehabilitation & Fitness PC is not responsible to you or
others for any loss or damage that results from your use
(or nonuse) of this Website or any linked third-party
website. These potential losses or damages include, but
are 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
or its Content.Pondera Rehabilitation & Fitness PC is not responsible for
these consequences, regardless of whether we have been
advised or knew or should have known of the possibility of
such damages or claims. Your sole and exclusive remedy
against Pondera Rehabilitation & Fitness PC is to stop
using this Website. Without limiting the preceding
paragraphs, you expressly release Pondera Rehabilitation
& Fitness PC from any responsibility and/or liability
relating to your use of this Website, linked websites, or
information contained in this Website or linked websites.
8. About the information you provide through
our website
We have the right, but not the duty, to monitor your use of
this Website, including any information you provide
through it. You are responsible for the information that you
send, submit, or provide through our Website. You agree
not to transmit information that is illegal, threatening,
libelous, defamatory, obscene, ethnically or racially
offensive or discriminatory, profane, invasive of another’s
privacy, or violative of any law or confidentiality
agreement.
eMail communications may not be secure:
Any information that you send to Pondera Rehabilitation &
Fitness PC or its providers by email may be misdirected or
intercepted by unintended recipients. It thus may not
constitute a confidential means of communication. Please do not transmit any sensitive or confidential information to
us via email. For your convenience, our Website offers the option to
communicate with us via email, but it may not be secure. By using it, you agree that we are not responsible for
ensuring the privacy of these emails. Further, we cannot
and do not guarantee the confidentiality or security of any
email transmission. If this concerns you, please use an
alternate communication method. If you are being seen as
a patient, you will register with third party website, which is
a HIPAA compliant platform to have communication
regarding your PHI.
9. Links to third-party websites
We may provide links to third-party websites:
This Website occasionally provides links to third-party
websites. By clicking on these links, you agree that we
cannot control the information presented on third-party
websites and are thus not responsible if you choose to
follow those links. Third-party websites are not maintained
by, nor are they related to, Pondera Rehabilitation &
Fitness PC.
By clicking on such links, you agree that we are not
responsible for their content, regardless of whether your
access is provided by Pondera Rehabilitation & Fitness
PC or by another third party. We do not guarantee the
accuracy, timeliness, or suitability of the content of any
third-party website.
Third-party website links are not endorsements of the
products or services of that linked website. They are notendorsements of the third-party website’s sponsoring
organization. Your sole and exclusive remedy for claims
arising from any such third-party products or services is
against the third-party provider. Pondera Rehabilitation &
Fitness PC is not responsible for these claims.
Third-party websites may link to
PonderaRehab.com:
Pondera Rehabilitation & Fitness PC hereby grants third-
party websites the limited right to link to its website. This
limited license does not permit third-party websites to use
“framing” technology to capture the Content, nor does it
allow any other activity that could create a misimpression
or confusion among users with respect to sponsorship or
affiliation. If you provide a link to PonderaRehab.com on
your website, please notify Pondera Rehabilitation &
Fitness PC within 24 hours. If we make a request for you
to remove the link, we request that you comply within 24
hours.
10. If you submit information through our
website
Do not send us any ideas, suggestions, materials,
concepts, or other information (collectively “Submitted
Information”). If you violate these Conditions of Use, any
Submitted Information that you send to us will become our
property. This means that Pondera Rehabilitation &
Fitness PC will have unrestricted use of your Submitted
Information for our personal and commercial purposes.
Regardless of how we use that Submitted Information, you
will not be compensated, and we will not be liable to youor to any other person involved with the creation of the
Submitted Information.
If you send Submitted Information to Pondera
Rehabilitation & Fitness PC, you agree:
• You waive your rights to the Submitted Information.
• The Submitted Information is original to you.
• You have the right to submit the Submitted
Information to us.
• You have no recourse against Pondera Rehabilitation
& Fitness PC for any alleged or actual infringement or
misappropriation of any proprietary right in any
Submitted Information.
We are not obligated to maintain the confidence of any
Submitted Information. Pondera Rehabilitation & Fitness
PC further disclaims any liability that may result from its
disclosure of any Submitted Information which is
submitted in violation of its policy.
You further agree not to:
• send us any Submitted 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 Submitted
Information, impose such a burden upon this Website,
or otherwise interfere with or inhibit 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/or
• impersonate another person or allow any other
person or entity to use your identity while interacting
on Pondera Rehabilitation & Fitness PC’s social
media, as defined in its Privacy Policy.
11. Agreement to indemnify Pondera
Rehabilitation & Fitness PC for claims arising
from your use of the website
You agree to indemnify Pondera Rehabilitation & Fitness
PC 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.
12. Our operation of the website
We make all reasonable efforts to keep this Website
operational and available for access on a 24/7/365 round-
the-clock basis. This is subject to scheduled maintenance,
unscheduled maintenance, and systems outages. We do
not provide any assurance or warranty that: access will
always be available; service will be uninterrupted; its
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 might
be necessitated by your use.
13. Privacy and SecurityWe strive to comply with all applicable laws concerning
online communications privacy. However, 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.
We encourage you to assume that all internet
communications are unsecure, and to exercise particular
caution when sharing information about your health. To
learn more about how we maintain the privacy and
security of our Website visitors, please read the Privacy
Policy.
14. Proprietary Rights
This Website’s Content is protected by applicable
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, distribute,
reproduce, 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 in the Privacy Policy or
these Conditions of Use is prohibited.
Reproduction, replication, or redistribution for commercial
purposes of any of the Content is prohibited. If you are
using this Website to access Pondera Rehabilitation &
Fitness PC’s courses and educational materials, you may
be subject to additional terms and conditions of use.
15. Health DisclaimerYou understand that Pondera Rehabilitation & Fitness PC
is not responsible for any injuries that you sustain from
participating in any of the activities described on this
Website or through its Content. You expressly waive any
claim for any injury at any time against Pondera
Rehabilitation & Fitness PC, or any person or entity
involved with Pondera Rehabilitation & Fitness PC,
including, without limitation, its directors, principals,
instructors, independent contractors, employees, agents,
contractors, affiliates, and representatives.
Your use of the Website and its Content demonstrates
your understanding that physical exertion may result in
physical or mental injury or risk of injury. You further agree
that you are solely responsible to exercise within your
limits.
YOU SHOULD SEEK THE ADVICE OF A PHYSICIAN
PRIOR TO BEGINNING A PHYSICAL EXERCISE
REGIMEN. IF YOU FEEL FAINT, DIZZY, OR HAVE
PHYSICAL DISCOMFORT, STOP IMMEDIATELY, AND
CONTACT YOUR PHYSICIAN. IN EMERGENCIES,
ALWAYS CALL 911.
While our Content might suggest particular exercises,
uses of equipment, poses, stretches, moves, or fitness
instruction, it is your sole responsibility to ascertain if such
behavior is consistent with your ability and safe for you to
do.
16. No warranty or guarantee of outcome
Pondera Rehabilitation & Fitness PC works to provide
accurate information on this Website. However, thetestimonials and examples on this Website should not be
construed as guarantees that you will attain similar results.
Your results will depend upon your personal background,
effort, overall health, medical history, providers, and many
other factors that are beyond the scope contemplated by
this Website.
Pondera Rehabilitation & Fitness PC DOES NOT
GUARANTEE OR WARRANTY THAT YOU WILL HAVE A
SPECIFIC RESULT.
17. Intellectual property infringement
Pondera Rehabilitation & Fitness PC respects intellectual
property rights. If you believe that information on our
Website is constitutes a copyright or trademark
infringement, please provide us with following information:
(1) the claimed infringement; (2) reasonably sufficient
information to allow us to locate the claimed infringement
on the 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.
Note: 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.
18. DMCA takedown notificationPursuant to a valid DMCA takedown notice, Pondera
Rehabilitation & Fitness PC will notify you if we have
removed copyright protected material.
19. No assignment
These Conditions of Use and licenses may be assigned by
us without restriction, but they may not be transferred or
assigned by you.
20. Consent to electronic communication
If you provide Pondera Rehabilitation & Fitness PC with
your email address, you consent to receive unencrypted
and unsecured email communications from us. You agree
that any notices, agreements, disclosures, or other
communications that we send you via email satisfy any
legal communication requirements. These are typically
used for scheduling and again, a third-party software is
used for HIPAA compliant communication regarding PHI.
21. Applicable law and enforcement of
conditions of use
Any adversarial proceedings which arise out of these
Conditions of Use will be governed by the laws of the
State of California, without giving effect to its principles of
conflicts of law. If a Website visitor takes legal action
against us relating to these Conditions of Use, our Privacy
Policy, or that visitor’s interactions with or relationship to
Pondera Rehabilitation & Fitness PC, that visitor agrees to
file such action only in the state and federal courts located
in the State of California.
By using this Website, you agree that if any provision of
this agreement is held to be unenforceable, then thatprovision will 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. You agree that, if an unenforceable provision
is modified or disregarded in accordance with this
paragraph, then the rest of these Conditions of Use will
remain in effect as written. And you agree that any
unenforceable provision will remain as written in any
circumstances other than those in which the provision is
held to be unenforceable.
Any waiver of these Conditions of Use or our Privacy
Policy is valid only if it is in writing and signed by an
authorized representative of Pondera Rehabilitation &
Fitness PC. No such waiver shall be deemed a further or
continuing waiver of such term or any other term or
condition of use.
These Conditions of Use and our Privacy Policy constitute
the entire agreement between you and Pondera
Rehabilitation & Fitness PC relating to this Website. They
do not, however, create any relationship between you and
Pondera Rehabilitation & Fitness PC beyond that which is
contemplated in these policies.
22. Amendments and modifications
Pondera Rehabilitation & Fitness PC may amend or
update the Website, these Conditions of Use, or its
Privacy Policy at any time without prior notice. If you use
this Website after any changes, you demonstrate your
agreement to be bound by the changes.
23. Affiliate disclaimerPursuant to 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 are affiliated links. This means
that Pondera Rehabilitation & Fitness PC may be paid if
you purchase products or services through affiliates’ links.
If such links are posted, a notice that there is such
payment occurring will also be posted. Pondera
Rehabilitation & Fitness PC will only provide affiliated links
for products or services that its principals have personally
used and believe will add value for its visitors.
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