Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.
“Company”, “We”, “Our”, or “Us” means Dr. Nikki Cohen, PT, DPT doing business as The Organic PT.
“Content” means any and all written, visual, video, or audio information contained on the Site or provided as a link to our Content on other platforms/sites, including, but not limited to, blog posts, Community Forum posts, graphics, newsletters, designs, documents, information, templates, coaching guides, e-books, forms, membership materials, webinars and other instructional videos, photographs and exercise instructions/programs regardless of whether they are in a viewable, downloadable or access to a streaming form. Content includes Content for specific Member categories or programs, if any.
“You” or “Your” means a Visitor, User, Customer, or Member of the Site.
“Visitor” or “User” means any individual, including Members, who accesses any Content on the Site, whether the Content is free or paid.
“Customer” means any individual who has purchased Content from us on the Site, including Members.
“Member” means a User or Customer who has signed up for a package of “Member Benefits” offered through our site under specific terms and conditions of the Member category or program.
“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, address, email address, telephone number, credit card information, site behavior, etc.
Member or User License Granted. A “Member” or “User” of our Site is someone who has been granted access through a nonexclusive, nontransferable, revocable license to access and use our Site and Content strictly in accordance with this Agreement.
Our Relationship to You (Medical Disclaimer). The educational content on our Site is intended for educational and/or wellness purposes only. Our Site and Content are not intended to provide individualized medical advice. Your use of our Site and Content does not constitute a patient-provider relationship. By using our Site and Program, you agree that you do not have any medical conditions that might put you at risk if you implement any of the suggestions in our Program. If you have any medical conditions, you agree to obtain medical clearance from your personal physician, physical therapist or other appropriate health care provider before implementing any suggestions or exercises in the program. You further understand that the information provided on our Site and in our Content is by no means complete or exhaustive, and that as a result, such information does not encompass all conditions, disorders, or dysfunctions that may occur. You also acknowledge that all customer testimonials as found on our Site are strictly the opinion of that person and any results such person may have achieved are solely individual in nature and your results may vary. Any and all current or past-client testimonials, statements, or examples used by us are not guarantees that you will also experience or receive the same results. You understand that such information is based upon personal experience and is not a substitute for obtaining professional medical advice. In light of the forgoing, you understand and agree that we are not liable, nor do we assume any liability for any information contained within our Site.
Not Telemedicine, Medical or Physical Therapy Advice Disclaimer. Some of our educational offerings may include a live webinar or Zoom call. These live sessions are not telemedicine or telehealth sessions and are not intended to provide medical or physical therapy advice. If we answer questions by participants during such sessions, it does not establish a therapist-patient relationship with you. Any responses we provide to specific questions are intended to be hypothetical and educational only. Also, we may, at our discretion, record and post the session on our website. Therefore, when you make comments or ask questions during a live session, you are consenting to our posting of your comments on our website or any other use at our discretion.
User Obligations. When you purchase a course, product or service you will set up a Username and Password that will allow you to access your purchase or your purchase will be emailed to you. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any authorized use of your password or any other breach of security.
Prohibited Uses. You are prohibited from using the Site and its content or the Community Forum; (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website.
We reserve the right to terminate your use of the Site and/or Content for violating any of the prohibited uses. In addition, we reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Payment and Purchases. When you purchase or Download one of our Courses, Services, or Products from us or the Site you will be directed to our payment processing vendor. By doing so, you give us permission to automatically charge you for payment. You will receive an electronic receipt for your records.
If your payment method fails or is otherwise declined, you will be removed from, or canceled from having access to, our Courses, Services, and Products. Please note, in the event your payment method is declined at any time, you are still responsible for the full cost of your Purchase.
We do not accept any chargeback threats (real or threatened). If any chargebacks are placed on a Purchase or Download of our Courses, Services, and Products, we will report said incident to the major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so and you would like to have this report removed from your credit report, please contact us to arrange for the payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.
Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.
You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your Purchase or use of our Site and its Content.
Refunds. We will do everything within our ability and within reason to ensure your satisfaction, but we do not provide refunds for programs once access to the program has been made available to you. If any programs or membership may have specific refund policies, it will be stated so in the description of the program or membership service.
Your License to Us. If you post any material on or through our Site, such as comments, photos, videos, comments or suggestions, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
Digital Millennium Copyright Act of 1998. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any of the materials appearing on this Web site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. In accordance with the DMCA, ELITE has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Elite at the address in the Contacting Us section below.
Third-Party Links. Third-party links on our Website, whether posted by us or other Users, may direct you to third-party websites that are not affiliated with us. Any suggested websites or links provided is not an endorsement, sponsorship or approval of that website or its content. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Consent to Receive Communications. When you purchase Content or register as a visitor on our Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email. You may opt-out of receiving such communications by clicking the “Unsubscribe” button on the communication or by contacting us at the address in the “Contact Us” section below.
Your Personal Information. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
WARRANTIES DISCLAIMER. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION.. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
Governing Law and Jurisdiction. This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
The Organic PT
Attn: Dr. Nikki Cohen
2525 Camino Del Rio South
San Diego, CA 92108
Last Updated: March 10, 2020