Welcome to Functional Movement Therapy, a platform for providing services related to physical therapy.
Please read on to learn about your use of any of our services offered through the Functional Movement Therapy platform (collectively, the “Services”). If you have any questions, send an e-mail to:
Nick@functionalmovementtherapy.com
.
These Terms of Use (the “Terms”) are a binding contract between you and Functional Movement Therapy: Physical Therapy & Wellness, PLLC (“FMT,” “we” and “us”). You demonstrate your agreement and acceptance of the Terms by clicking “Accept” when prompted or by otherwise using the Services. However, if you do not accept these Terms, you do not have a right or permission to use the Services.
These Terms include the provisions in this document, as well as those in our
Privacy Policy
.
You must be at least 18 years of age to use Functional Movement Therapy.
If you are 18 years of age or older, you represent and warrant that you are an individual of legal age to form a binding contract.
If you are under 18 years of age, you have received your parent’s or guardian’s permission to use the Services and have had your parent or guardian to agree to these Terms on your behalf.
As a minor, if you did not receive permission from a parent or guardian, you are not allowed to use Functional Movement Therapy.
Alternatively, you may be agreeing to these Terms on behalf of an organization or entity.
If you are, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf, making the Terms binding upon such organization or entity (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services in a manner that complies with all applicable laws, rules, and regulations. If your use of the Services is prohibited by any such laws, rules, and regulations, then you are not authorized to use the Services. We are not responsible for your using the Services in a way that breaks the law.
Providers are Independent Contractors
The Functional Movement Therapy platform and services are directed to connecting users with third party doctors of physical therapy (“Providers”), who may provide tele-health physical therapy assessment and physical therapy sessions. In some instances, Providers may advise users to seek a higher level of care, such as an in-office visit or further medical attention.
By using Functional Movement’s Services, you acknowledge and agree that Functional Movement Therapy provides administrative services, but does not provide any form of medical care, medical opinion, medical advice, diagnosis, or treatment, and that Functional Movement Therapy does not evaluate the need to seek medical attention until you are a paid client. Functional Movement Therapy may provide content for information purposes only, such as, articles, videos, graphics, images, and other material, and such content does not constitute a medical opinion, medical advice, diagnosis, or treatment of any particular condition. The provision of such content, the platform, and the Services does not create a doctor-patient relationship between you and Functional Movement Therapy. You should always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition. IN CASE OF EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
What are the basics of using Functional Movement Therapy?
Functional Movement Therapy is a platform that connects users with Providers who have independently contracted with Functional Movement Therapy to remotely provide physical therapy services via electronic connections, e.g., audio, video, and chat.
In order to access the Services, users are required to register with Functional Movement Therapy. Registered users may login to Functional Movement Therapy’s platform to manage their accounts, connect and schedule appointments with Providers, and conduct video sessions with Providers. Providers may login to Functional Movement Therapy’s platform to manage their accounts, connect and schedule appointments with users, and conduct video sessions with users. Functional Movement Therapy is under no obligation and may refuse to register any user or Provider at its sole discretion. Functional Movement Therapy may also deactivate any account at any time, including, without limitation, if it determines that a user or Provider has violated these Terms of Use.
You agree to provide us with accurate, complete, and updated registration information about yourself when you are using the Services.
You may not transfer your account to anyone else without our prior written permission from Functional Movement Therapy.
You acknowledge that certain functionalities of our Services and Support depend on the accuracy and types of information you provide us.
You will not share your account or password with anyone.
You must protect the security of your account and your password.
You are exclusively and fully responsible for any activity associated with your account, including the activity of any third party accessing our Services, Content, or User Submission (defined below) through your account.
You represent, warrant, and agree that you will use or interact with the Services in a manner that:
(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including Functional Movement Therapy’s rights);
(b) Violates any law, rule, or regulation, including, without limitation, any applicable export control laws;
(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(d) Jeopardizes the security of your account or any other users (such as allowing someone else to log in to the Services as you);
(e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;
(f) Violates the security of any computer network, or cracks any passwords or security encryption codes;
(g) Runs Mail list, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
(h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
(i) Copies or stores any significant portion of the Content;
(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will alert you to changes by either placing a notice within the Services, on the website, or sending you an email if you have provided us with such contact information.
Please note that if you have opted not to receive legal notice emails from us (or you have not provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them.
If you do not agree with the new Terms, you may reject them.
However, if the terms are rejected, you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is made effective, such usage demonstrates agreement with all of the changes.
Will Functional Movement Therapy ever change the Services?
We are always trying to improve the Services, so they may change over time.
We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services.
We will try to give you notice when we make a material change to the Services that would affect you or your use of the Services, but this is not always feasible.
What about my Privacy?
Functional Movement Therapy takes the privacy of its users seriously. For the current Functional Movement Therapy Privacy Policy, please click Privacy Policy
You must be at least 18 years of age, or the minimum legal age in your country or jurisdiction, to use Functional Movement Therapy.
However, the Services may be made available to individuals at least 13 years of age, or the minimum legal age in your country or jurisdiction, IF, AND ONLY IF, verifiable parental consent is obtained from that child’s parent or guardian (“Parental Consent”).
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13.
But we do not knowingly collect or solicit personally identifiable information from a child under 13 without obtaining verifiable Parental Consent, except for the limited amount of personally identifiable information we need to collect in order to determine whether
Parental Consent is required (“Required Information”).
Until we have received Parental Consent, we will only use Required Information for the purpose of obtaining Parental Consent.
If you are a child under 13, please do not attempt to send any personal information about yourself to us before we obtain Parental Consent, except for the Required Information in the context of the Parental Consent process.
If you believe that a child under 18 has provided us with personal information without our obtaining Parental Consent, please contact us at
Nick@functionalmovementthearpy.com
and use the subject on the e-mail: “Report an Underage User on Functional Movement Therapy”. On the e-mail please include the following information:
Username of the account you'd like to report,
Full name of the person you'd like to report,
Date of Birth of the person you'd like to report, if known, or known age, and
Your relationship with this person
What are my rights in the Services?
All rights and title in and to the Services are owned by us and our licensors, and protected by United States and international laws.
The materials displayed or performed or available on or through the Services, including, but not limited to, sound files, text transcriptions, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright or other intellectual property laws.
You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Functional Movement Therapy’s) rights.
You understand that Functional Movement Therapy owns the Services. You will not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content. Although this functionality exists, all the legal protections and restrictions described above still apply.
Do I have to grant any licenses to Functional Movement Therapy or to other users?
Anything you post, transmit, upload, share, store, or otherwise provide through the Services is your “User Submission.”
Please note that all of the following licenses are subject to our
Privacy Policy
to the extent they relate to User Submissions that are also your personally-identifiable or health information.
For all User Submissions, you hereby grant Functional Movement Therapy a license to translate, transcribe, modify (for technical purposes, for example making sure your content is accessible on mobile and other devices) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services.
Functional Movement Therapy may further request permission to use User Submissions in its marketing or promotional activities, where such marketing or promotional activities may include, by way of example and not limitation, use of User Submissions on other social media platforms, advertisements, and brochures.
This is a license only – your ownership in User Submissions is not affected.
Will Functional Movement Therapy ever remove Content?
We reserve the right to remove any Content from the Services at any time, for any reason, in our sole discretion, and without notice. Services may vary depending on the operating system you use to access Functional Movement Therapy and certain Services may not be available on certain devices.
Functional Movement Therapy provides a technology service platform, but the registered users will likely interact with each other in ways similar to a community.
Functional Movement Therapy may remove Content negatively impacting the community, including Content that is
reasonably perceived to be offensive, vulgar, harmful, illegal, inciting violent actions, or violative of intellectual property rights.
However, Functional Movement Therapy is not obligated to monitor or censor the Content or the ways in which registered users or third parties interact with the Content.
Who is responsible for what I see and do on the Services?
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated.
As such, you access all such information and content at your own risk, and we are not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.
We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.
We cannot guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
You will keep all your registration information accurate and current.
You are responsible for all your activity in connection with the Services.
The Services may contain links or connections to third party websites or services that are not owned or controlled by Functional Movement Therapy. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Functional Movement Therapy is not responsible for such risks.
We encourage you to be aware of when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.
Functional Movement Therapy has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Functional Movement Therapy shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that Functional Movement Therapy is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Functional Movement Therapy, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."
What about Technical Support?
Functional Movement Therapy will provide you with technical support in the event that you need assistance using or accessing the Services, in accordance with its standard practices and protocols.
You acknowledge that we may charge you in accordance with our then-current policies for technical support services.
You further agree that while we will try to respond to your support requests and endeavor to resolve these issues, you agree that response times and outcomes will necessarily vary.
Does this cost me anything?
Functional Movement Therapy’s platform is currently free to users, but by using these Services you agree that you are solely responsible for all Provider service fees. Providers are responsible for administrative fees as provided by the Functional Movement Therapy Independent Contractor Agreement.
What if I want to stop using Functional Movement Therapy?
You are free to do that at any time, by deleting your account with Functional Movement Therapy, or by contacting us at Nick@functionalmovementtherapy.com] with the subject on the e-mail: “Delete my Account “[insert the username or nickname of your account]”. After you have stopped using our Services, our Privacy Policy and the policies stated within these Terms govern the way in which we will treat information you provided to us while using the Services.
If you have deleted your account by mistake, contact us immediately at
Nick@functionalmovementtherapy.com
with the subject on the e-mail: “I’ve deleted my Account by mistake “[insert the username or nickname of your account]”– we will try to help, but unfortunately, we cannot promise that we can recover or restore anything.
Will Functional Movement Therapy ever terminate my account?
Functional Movement Therapy is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms.
Functional Movement Therapy has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
Please note that we interpret, and you agree, that if you do not engage with our Services for at least ninety (90) days to have terminated their account.
As a courtesy, we may attempt to contact you regarding an impending deletion and removal of your Content; provided that you have given us sufficient information to contact you.
Provisions that, by their nature, should survive termination of these Terms shall survive termination or voluntary deletion.
By way of example, all of the following will survive: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
What else do I need to know?Warranty Disclaimer.
Neither Functional Movement Therapy nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services.
We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services.
Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Functional Movement Therapy or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).
THE SERVICES AND CONTENT ARE PROVIDED BY FUNCTIONAL MOVEMENT THERAPY (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL FUNCTIONAL MOVEMENT THERAPY (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO FUNCTIONAL MOVEMENT THERAPY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity
.
To the fullest extent allowed by applicable law, You agree to indemnify and hold Functional Movement, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment
.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Functional Movement’s prior written consent.
We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration
.
These Terms are governed by and will be construed under the laws of the State of New York, without regard to the conflicts of laws provisions thereof.
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Onondaga County, New York, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Onondaga County, New York, or the United States District Court for the Northern District of New York.
Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND FUNCTIONAL MOVEMENT ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.Miscellaneous
.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Functional Movement may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights here under.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
You and Functional Movement agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Functional Movement, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.
You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Functional Movement, and you do not have any authority of any kind to bind Functional Movement in any respect whatsoever. You and Functional Movement agree there are no third-party beneficiaries intended under these Terms.
We at Functional Movement Therapy, PLLC (“Functional Movement Therapy”) know you care about how your personal and health information is used and shared, and we take your privacy seriously. Please read the following to learn more about our Privacy Policy. By using or accessing our website or any of our products, services or applications (the “Services”) in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways.
Remember that your use of Functional Movement Therapy’s Services is at all times subject to the
Terms of Use
which incorporates this Privacy Policy. Any terms we use in this Privacy Policy without defining them have the definitions given to them in the
Terms of Use.
What does this Privacy Policy cover?
This Privacy Policy covers our treatment of personally identifiable information ("Personal Information") that we gather when you are accessing or using our Services. However, this Privacy Policy does not cover the practices of companies we do not own or control or people that we do not manage.
We gather various types of Personal Information from our users, as explained in more detail below. This Personal Information is used internally in connection with our Services, including, without limitation, our actions taken to personalize, provide, and improve our Services, to allow you to set up a user account and profile, to contact you and allow other users to contact you through the Services, to fulfill your requests for certain products and services, and to analyze how you use the Services. In certain cases, we may also share some Personal Information with third parties, as described below.
As noted in the
Terms of Use
, in order to use Functional Movement Therapy, you must be at least 18 years old. If we learn that we have collected personal information from anyone under the age of 18 without obtaining verifiable parental consent from that child’s parent or guardian, we will endeavor to delete that information as quickly as possible.
If you believe that a child under 18 has provided us with personal information (beyond the Required Information) without our obtaining Parental Consent, please contact us at
Nick@functionalmovementtherapy.com
.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We urge parents to instruct their children to never give out their real names, addresses, phone numbers, or other personal information, when they are online.
Treatment and Use of Health Information Shared with Providers
Users may be asked to communicate information regarding injuries and pain (“Health Information”) to Providers, which may be stored by the platform and shared with Providers. Functional Movement Therapy’s data policies comply with the standards set forth by the Health Insurance Portability and Accountability Act of 1996, as amended by the Health Information Technology for Economic and Clinical Health Act (“HITECH”) and the corresponding regulations, including those at 45 C.F.R. Parts 160 and 164 (collectively, “HIPAA”). However, users are solely responsible for vetting and engaging any Providers before deciding whether to share additional Health Information with such Providers. You acknowledge and agree that any Health Information that you share directly with any Provider, such information is made available to such Provider and used by the Provider, is not subject to the terms of this Privacy Policy. Further, some Providers may not be subject to federal or state health information privacy laws, and disclosure by such Providers may not be prohibited and/or protected by those laws.
Will Functional Movement Therapy ever change this Privacy Policy?
We are constantly trying to improve our Services, so we may change this Privacy Policy from time to time. We reserve the right to change the Privacy Policy at any time, but if we do, we will alert you to changes by either placing a notice within the Services, on the website, or sending you an email if you have provided us with such contact information.
Please note that if you have opted not to receive legal notice emails from us (or you have not provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them.
If you do not agree with the new Privacy Policy, you may reject them. However, if the terms are rejected, you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is made effective, such usage demonstrates agreement with all of the changes.
What information does Functional Movement Therapy Collect? Information You Provide to Us:
We receive and store any information you knowingly provide to us.
For example, through the registration process and/or through your account settings, we may collect Personal Information such as your name, email address, and phone number.
We may communicate with you if you have provided us the means to do so.
For example, if you have given us your email address, we may send you promotional email offers on behalf of other businesses, or email you about your use of the Services. Also, we may receive a confirmation when you open an email from us. This confirmation helps us make our communications with you more interesting and improve our services. If you do not want to receive communications from us, please indicate your preference by contacting us at
Nick@functionalmovementtherapy.com
.
Information Collected Automatically
Whenever you interact with our Services, we (or one of our partners) automatically receive and record information on our server logs from your browser or device, which may include your IP address, device identification, “cookie” or “pixel” information, the type of browser and/or device you are using to access our Services, your operating system, screen resolution, and how you may use, or interact with, our Services, and the page or feature you requested.
“Cookies” are identifiers we transfer to your browser or device that allow us to recognize your browser or device and tell us how and when pages and features in our Services are visited and by how many people. “Pixels” or “web beacons” are defined below. You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, or to opt-out of some automatic data collection features, but this may prevent you from taking advantage of some of the features of the Services.
Our advertising partners may also transmit cookies, pixels, beacons or other similar tools to your browser or device, or when you click on ads that appear on or within the Services. Also, if you click on a link to a third party website or service, a third party may also transmit cookies, beacons, pixels or similar tools to you. Again, this Privacy Policy does not cover the use of cookies by any third parties, and we are not responsible for their privacy policies and practices. Please be aware that cookies placed by third parties may continue to track your activities online even after you have left our Services, and those third parties may not honor “Do Not Track” requests you have set using your browser or device.
We may use this data to customize content for you based on your usage patterns. We may also use it to improve the Services – for example, this data can tell us how often users use a particular feature of the Services, and we can use that knowledge to make the Services interesting to as many users as possible.
Will Functional Movement Therapy share any of the Personal Information it receives?
We neither rent nor sell your Personal Information in personally identifiable form to anyone. However, we may share your Personal Information with the types of third parties as described in this section or elsewhere in this Privacy Policy.
Agents:
We employ other companies and people to perform tasks on our behalf related to the Services, and we need to share your information with them to provide the Services. For example, we may use a payment processing company to receive and process your credit card transactions for us.
Business Transfers:
We may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that would be transferred. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party.
Protection of Functional Movement Therapy and Others:
We reserve the right to access, read, preserve, and disclose any information that we believe is necessary to comply with law or court order; enforce or apply our
Terms of Use
and other agreements; or protect the rights, property, or safety of Functional Movement Therapy, our employees, our users, or others.
Is Personal Information about me secure?
Access to your account is restricted, requiring a password for your privacy and security. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.
We endeavor to protect the privacy of your account and other Personal Information we hold in our records, including the use of standard HTTPS:// encryption protocols and other commercially reasonable measures. Unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
What Personal Information can I access?
Through your account settings, you may access, and, in some cases, edit or delete the following information you have provided to us:
● First and last name
● email address
● username
● password
● other user profile information and certain content.
The information you can view, update, and delete may change as the Services change. If you have any questions about viewing or updating information we have on file about you, please contact us at
Nick@functionalmovementtherapy.com
.
Certain users may, depending on your location, have additional rights regarding your Personal Information (e.g. users in California and the European Union (EU)). Some users have the right to view, amend, or delete the Personal Information that we hold about you, or ask us for a notice identifying the categories of Personal Information that we share with our affiliates and/or third parties for marketing purposes, or request the deletion of any email we hold on you at any time. If this applies to you, you should be aware that requesting deletion, unlike unsubscribing from specific emails, is total and irreversible. If you believe you are a user in one of these locations and have any questions relating to your Personal Information, please submit a written request to:
Nick@functionalmovementtherapy.com
.
What choices do I have?
You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our features.
You may be able to add, update, or delete information as explained above. When you update information, however, we may maintain a copy of the unrevised information in our records. You may deactivate your account through the account settings features, however we may retain certain information as permitted under the
Terms of Use
. Some information may remain in our records after your deletion of such information from your account, unless you are a user in a location which requires permanent deletion of that Personal Information. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.
What if I have questions about this policy?
If you have any questions or concerns regarding our privacy policies, please send us a detailed message to
Nick@functionalmovementtherapy.com
and we will try our best to resolve your concerns.
You acknowledge that you have read this Policy and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to use or access the Website and its Services.