Last updated: October 10, 2020

The web page at https://NestorPT.ptworkshops.com (the “Website”) that links to these Terms of Use (these “Terms”) is provided on behalf of Nestor Physical Therapy (“Practice”), and is operated and provided by Breakthrough Physical Therapy Marketing, LLC (“Breakthrough”).

By accessing, visiting, or using this Website or any service or content made available through this Website, you agree that you have read, understand, and agree to be bound by these Terms.

These Terms may be revised at any time. You should visit this Website and review these Terms of Use periodically. Your continued use of this Website after any changes have been made to these Terms signifies and confirms your acceptance of any such changes or amendments to such Terms.

You must be at least 18 years of age (or the age of majority, if higher) to access and use this Website. If you are not at least 18 years of age (or the age of majority, if higher), you must not access or use this Website.

1.      Privacy and other Policies. These Terms incorporate by reference the Privacy Policy, which can be found at https://NestorPT.ptworkshops.com/privacy-policy. Practice may have separate and additional terms or policies that govern the use of other websites owned or operated by Practice.

2.      Use of this Website. This Website is for your personal, non-commercial and lawful use only. Other than as expressly permitted in the next paragraph, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell, or otherwise exploit this Website or any content, information, software, products or services obtained from this Website, for any commercial purpose or enterprise. You may not use this Website, or any content within this Website, for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of an illegal activity or other activity which infringes our rights or other individuals or entities.

Subject to your compliance with these Terms, you may access this Website and display and use the content of this Website, strictly for your personal, non-commercial, lawful use. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, and nontransferable license to access and use the content and services made available in or otherwise accessible through this Website. If you make any other use of this Website, except as otherwise provided above, you may violate copyright and other laws of the United States, and other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

3.      Prohibited Uses of this Website. You may not (a) decompile, disassemble, or reverse engineer this Website or any portion thereof; (b) attempt to gain unauthorized access to this Website, any portion thereof, including content accessible via this Website, or any other system or platform through this Website; (c) use any automatic device, program, algorithm, or methodology, or engage in harvesting of email addresses or other personal information, unsolicited emailing, phone calls or mailings, spoofing, flooding, overloading, spidering, screen scraping, database scraping, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of this Website or any content on this Website; or (d) reverse look up, trace or seek to trace any information on any other user of or visitor to this Website to its source. You agree that you will not use this Website in any manner that could damage, disable, overburden or impair this Website or interfere with any other party’s use and enjoyment of this Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Website. You will not use this Website to violate any applicable law, rule or regulation and you will not encourage or enable others to violate any applicable law, rule or regulation.

4.      Ownership of this Website. This Website is owned and operated by Breakthrough. Breakthrough makes this Website available for the benefit of Practice. This Website and all content and materials on this Website, including, without limitation, all graphics, interfaces, features, functions, text, button icons, data compilations, software, code and materials thereon, the “look and feel”, selection and arrangement, design and organization of this Website, trademarks and logos, audio and video clips, are owned by, or licensed to, Breakthrough, except as otherwise noted on this Website. As between you and Breakthrough, Breakthrough shall retain all right, title, and interest in and to this Website; (b) any software used in connection with this Website; (c) all associated content, data, and other materials made available through this Website, except Other Content; and (d) all intellectual property rights in and to any of the foregoing in (a)-(c) (together, “Breakthrough Property”). This Website may also contain content, data, material, and other information uploaded to this Website by or on behalf of Practice or Practice may have otherwise customized this Website (collectively, “Other Content”). Practice and its licensors retain all rights in and to Other Content. Under no circumstances will you acquire any ownership rights or other interest in any Breakthrough Property or Other Content by or through your use of this Website. Except as expressly authorized by Breakthrough, or Practice with respect to its Other Content, you agree not to modify, rent, lease, loan, sell, distribute, publish, or create derivative works based on this Website, Breakthrough Property, or Other Content, whether in whole or in part.

5.      DISCLAIMER. THIS WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, BREAKTHROUGH DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, DATA ACCURACY, SYSTEM INTEGRATION, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU.

BREAKTHROUGH DOES NOT WARRANT THAT ANY FUNCTION OF THIS WEBSITE OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS. BREAKTHROUGH DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY SERVICE OR CONTENT IN TERMS OF COMPLETENESS, ACCURACY, TRUTHFULNESS, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE. YOU ACKNOWLEDGE THAT THE INTERNET IS NOT 100% SECURE AND THAT BREAKTHROUGH MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SECURITY OF THE INFORMATION YOU SUBMIT THROUGH YOUR USE OF THIS WEBSITE.

THIS WEBSITE MAY CONTAIN INFORMATION, PRODUCTS, OR SERVICES OBTAINED FROM THIRD PARTIES. BREAKTHROUGH MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO, AND SHALL HAVE NO LIABILITY IN CONNECTION WITH, YOUR USE OF ANY THIRD PARTY INFORMATION, PRODUCTS OR SERVICES.

6.      LIMITATION OF LIABILITY; INDEMNIFICATION AND FILING CLAIMS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL BREAKTHROUGH BE LIABLE OR RESPONSIBLE FOR ANY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THIS WEBSITE, YOUR USE OF THIS WEBSITE, OR THE CONTENT MADE AVAILABLE ON THIS WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BREAKTHROUGH’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY EXCEED $100.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE, ANY SERVICE PROVIDED BY THIS WEBSITE, OR THIS TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

You agree to indemnify, defend, and hold harmless Breakthrough and its respective directors, officers, employees, representatives, agents and affiliates, from and against any and all liability, damages, loss, claim, action, proceeding, interest, awards, fines, penalties, costs and expenses, including reasonable attorney’s fees, related to (a) your violation of these Terms of Use; (b) your use of and access to this Website; and (c) violation of the law or any third party right by you.

7.      Applicable Law. These Terms shall be governed by and construed in accordance with the laws of State of Delaware (notwithstanding its conflict of law principles).

8.      General. Should any provision of these Terms be found unenforceable, the remainder of these Terms shall remain in full force and effect. You may not assign these Terms or any right or obligation herein without the prior written consent of Breakthrough. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Breakthrough and supersedes any oral or written communications between us. The communications between Breakthrough and you use electronic means, whether through this Website or via email. For contractual purposes, you (i) consent to receive communications from Breakthrough in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Breakthrough provides to You electronically satisfy any legal requirement that such communications would satisfy if it were in a writing.

9.      Contact Information. If you have any questions regarding these Terms of Use with regard to your use of or interaction with the Website, please contact us at: support@breakthroughptmarketing.com.

For questions about any other terms and conditions specific to treatment from or interactions with Practice through the Website, please contact Practice at (401) 246-8820.