Terms and Conditions of Use

Welcome to our Website! We are pleased to provide informational and educational services at this Website in accordance with these Terms and Conditions of Use (“Conditions of Use”). This Website is owned and managed by Elizabeth Rogers Pilates & Physical Therapy, PLLC (“Elizabeth Rogers Pilates & Physical Therapy,” “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.

Acceptance & Agreement To Be Bound.

By using this Website, you agree to allow Elizabeth Rogers Pilates & Physical Therapy to collect, use, and disclose your information under the terms explained in the Privacy Policy. Elizabeth Rogers Pilates & Physical Therapy may change these Conditions of Use without notice, and your continued use of the Website signifies that you agree to be bound by any changes.

These Conditions of Use govern your access to and use of the Website, products, data, services, and Content provided to you on, from, or through this Website, any of our software, and any applications created by Elizabeth Rogers Pilates & Physical Therapy, whether available through a social networking site or its subsidiaries or affiliated companies (the “Website”).

By accessing or using the Website, you agree to be bound by these conditions of use and the Privacy Policy. You may use the Website only if you can form a binding contract with us, and only in compliance with these Conditions of Use, as well as all applicable local, state, national, and international laws, rules and regulations.

This Website Does Not Provide Medical Advice.

This Website’s content is provided for informational and educational purposes only. This includes the entirety of the Website (including text, images, videos, and blogs), Elizabeth Rogers Pilates & Physical Therapy social media (as it is defined in the Website’s Privacy Policy), and any information obtained from Elizabeth Rogers Pilates & Physical Therapy licensors or third parties, and the 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 the Website. This information is collectively referred to as the Website’s “Content.”

Nothing On This Website Constitutes Medical Advice.

If you have concerns about any medical condition, diagnosis, or treatment, you should personally consult with a licensed healthcare provider. In case of a medical emergency, you should call 911 immediately.

This Website Does Not Create Or Constitute a Provider-Patient Relationship Between You And Elizabeth Rogers Pilates & Physical Therapy.

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 Elizabeth Rogers Pilates & Physical Therapy. Your use does not create any duty for Elizabeth Rogers Pilates & Physical Therapy to follow up with you about any medical condition, diagnosis, or treatment.

This Website Does Not Provide Physical Therapy Services.

Nothing on the Website or in its Content is intended to or does constitute the practice of physical therapy. The Website and its Content are for educational purposes only based upon Elizabeth Rogers Pilates & Physical Therapy’s proficiency in, knowledge of, and experience with the subject matter of the Website and its Content.

Do Not Provide Protected Health Information To Us.

Although Elizabeth Rogers Pilates & Physical Therapy takes the confidentiality of its visitors and clients seriously, as described in the Privacy Policy, Elizabeth Rogers Pilates & Physical Therapy’s activities as they relate to this Website and its Content do not comply with the Health Insurance Portability and Accountability Act (“HIPAA”).

Do not use, provide, transmit, store, or disclose any health information that constitutes protected health information (“PHI”) through this Website. Elizabeth Rogers Pilates & Physical Therapy accepts no affirmative duty to learn whether you provide, transmit, store, or disclose PHI while using this Website or its Content, but if Elizabeth Rogers Pilates & Physical Therapy has actual knowledge that you are using, providing, transmitting, storing, or disclosing PHI, it may revoke your access to the Website.

If you use, provide, transmit, store, or disclose PHI in connection with this Website or its Content, you agree to indemnify Elizabeth Rogers Pilates & Physical Therapy against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorney fees and costs) arising out such use, provision, transmission, storage, or disclosure of PHI.

Permitted Use Of The Content.

Unless otherwise expressly stated, Elizabeth Rogers Pilates & Physical Therapy, or its licensors, owns the Content. The Content is protected by United States and worldwide copyright laws and treaty provisions.

So long as you comply with these Conditions of Use, and provided that you do not modify, delete, or change any copyright, trademark, or other proprietary notices, and subject to the Conditions of Use and Privacy Policy, Elizabeth Rogers Pilates & Physical Therapy hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the 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 logo, 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.

All rights not expressly granted are reserved to Elizabeth Rogers Pilates & Physical Therapy.

Your Conduct.

You expressly agree not to deceive, harass, stalk, harm, or exploit any other users; distribute spam; collect or record information about other users; or advertise or solicit others to purchase any product or service. Elizabeth Rogers Pilates & Physical Therapy reserves the right, but does not have the obligation, to monitor all conduct on the Website.

This Website Is Not Intended For Children.

This Website is not intended or designed to attract children under the age of 18. Elizabeth Rogers Pilates & Physical Therapy does not collect personally identifiable information from any person known by Elizabeth Rogers Pilates & Physical Therapy to be a child under the age of 18. Should Elizabeth Rogers Pilates & Physical Therapy inadvertently come to possess personally identifiable information about a child under the age of 18, Elizabeth Rogers Pilates & Physical Therapy will not knowingly disclose contact information relating to the child to any third party.

Disclaimer Of Liability And No Warranty.

ALL INFORMATION IN THIS SITE IS PROVIDED on an “AS IS” basis. Elizabeth Rogers Pilates & Physical Therapy MAKEs NO REPRESENTATIONS, and NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, WITH RESPECT TO THE CONTENT, or OTHERWISE REGARDING THIS website OR ANY LINKED WEBSITE. TO THE FULL EXTENT PERMITTED by LAW, Elizabeth Rogers Pilates & Physical Therapy DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Elizabeth Rogers Pilates & Physical Therapy GIVES NO WARRANTY AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, TIMELINESS, OR AVAILABILITY OF THIS WEBSITE OR the CONTENT OR OF ANY LINKED WEBSITE.

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 are not responsible for any errors or omissions in the information provided.

Elizabeth Rogers Pilates & Physical Therapy is not responsible for visitors’ damage or loss.

You agree that Elizabeth Rogers Pilates & Physical Therapy 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. This loss or damage includes, but is 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 copying or display of this Website or its contents. Elizabeth Rogers Pilates & Physical Therapy is not responsible, regardless of whether Elizabeth Rogers Pilates & Physical Therapy has been advised or knew or should have known of the possibility of such damages or claims.

Your sole and exclusive remedy against Elizabeth Rogers Pilates & Physical Therapy is to stop using this Website.

Without limiting the preceding paragraphs, you expressly release Elizabeth Rogers Pilates & Physical Therapy from any responsibility and/or liability relating to your use of this Website, linked websites, or information contained in this Website or linked websites.

Information You Provide.

Elizabeth Rogers Pilates & Physical Therapy has the right, but not the duty, to monitor your use of this Website, including any information you provide. Any information you send to Elizabeth Rogers Pilates & Physical Therapy by email may be misdirected or intercepted by unintended recipients, and thus it may not constitute a confidential medium of communication. If you have confidentiality concerns, please consider using an alternative mode of communication and do not transmit any sensitive or confidential information to us via email.

This Website provides you the option to communicate with Elizabeth Rogers Pilates & Physical Therapy through email. This option is provided solely for your convenience, and it may not be secure. By using it, you agree that Elizabeth Rogers Pilates & Physical Therapy is not responsible for the privacy of any email messages. Elizabeth Rogers Pilates & Physical Therapy does not warrant the confidentiality or security of any email transmission.

You are responsible for all information you send through this Website. This means that you agree not to transmit information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invasive of another person’s privacy, or in violation of any law or confidentiality agreement. Elizabeth Rogers Pilates & Physical Therapy may edit, delete, modify, or ban such information, and/or take necessary legal action.

Links To Third-Party Websites.

Elizabeth Rogers Pilates & Physical Therapy may provide links to third-party websites:

This Website occasionally provides links to third-party websites. By clicking on these links, you agree that Elizabeth Rogers Pilates & Physical Therapy is not responsible and does not control any information on these websites. Third-party websites are unrelated to, and not maintained by, Elizabeth Rogers Pilates & Physical Therapy.

By clicking on such links, you agree that Elizabeth Rogers Pilates & Physical Therapy is not responsible for their content, regardless of whether your access is provided by Elizabeth Rogers Pilates & Physical Therapy or by another third party. Elizabeth Rogers Pilates & Physical Therapy does not warrant the accuracy, timeliness, or suitability of the content of any third-party website.

By providing a link to a third-party website, Elizabeth Rogers Pilates & Physical Therapy does not endorse the products or services of that linked website, nor does it endorse 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, and not Elizabeth Rogers Pilates & Physical Therapy.

Third-party websites may provide links to Elizabeth Rogers Pilates & Physical Therapy:

Elizabeth Rogers Pilates & Physical Therapy hereby grants third-party websites the limited right to link to its website. This limited license does not grant the right to “framing” of the Content or allow any other activity that could create a misimpression or confusion among users with respect to sponsorship or affiliation.

Submissions Of Information.

Do not send Elizabeth Rogers Pilates & Physical Therapy any ideas, suggestions, materials, concepts, or other information (collectively “Information”) relating to the Website. If you violate this policy and do send Information to Elizabeth Rogers Pilates & Physical Therapy, that Information will become Elizabeth Rogers Pilates & Physical Therapy’s property. This means that Elizabeth Rogers Pilates & Physical Therapy will have unrestricted use of it for its personal and commercial purposes. You will not be compensated, and Elizabeth Rogers Pilates & Physical Therapy will not be liable to you or any other provider of the Information.

If you send Information to Elizabeth Rogers Pilates & Physical Therapy, you agree:

  • to waive your rights in any Information;
  • to warrant that it is original to you;
  • that you have the right to submit it to Elizabeth Rogers Pilates & Physical Therapy, and
  • that you have no recourse against Elizabeth Rogers Pilates & Physical Therapy for any alleged or actual infringement or misappropriation of any proprietary right in any Information.

Elizabeth Rogers Pilates & Physical Therapy is not obligated to maintain the confidence of any Information submitted, and Elizabeth Rogers Pilates & Physical Therapy disclaims any liability that may result from its disclosure of any Information submitted in violation of its policy.

You further agree not to:

  • transmit any Information that contains any viruses or other computer programming routines that may damage, interfere with, intercept, or take any system, data, or personal information;
  • impose an unreasonably large amount of Information on this Website or otherwise interfere with or inhibit any other user from using or enjoying this Website;
  • transmit 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 identification for interacting on Elizabeth Rogers Pilates & Physical Therapy’s social media, as defined in its Privacy Policy.

Indemnification Of Elizabeth Rogers Pilates & Physical Therapy For Claims Arising From Your Use Of The Website.

You agree to indemnify Elizabeth Rogers Pilates & Physical Therapy 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.

Operation Of The Website.

Elizabeth Rogers Pilates & Physical Therapy makes all reasonable efforts to keep this Website operational and available for access on a 24-hours-per-day, seven-days-per-week basis. This is occasionally subject to scheduled maintenance, unscheduled maintenance, and systems outages.

Elizabeth Rogers Pilates & Physical Therapy, however, does not provide any assurance or warranty that:

  • access will always be available;
  • service will be uninterrupted;
  • its operation will be error-free;
  • defects will be corrected; or
  • the servers that operate the Website are free from viruses or other harmful components.

You agree to assume the entire cost of all servicing, repair, or correction to your property arising from your use.

Privacy And Security.

Elizabeth Rogers Pilates & Physical Therapy makes every effort to comply with all applicable laws that concern the privacy of online communications. By using this Website, however, you acknowledge that the internet is neither more nor less secure than other communications media, including mail, facsimile, and telephone services, all of which can be intercepted and otherwise compromised.

As a matter of prudence, you are urged to assume that all internet communications are unsecure. To learn more about how Elizabeth Rogers Pilates & Physical Therapy maintains the privacy and security of its Website visitors, please read the Privacy Policy.

Proprietary Rights.

Elizabeth Rogers Pilates & Physical Therapy’s Website 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.

Health Disclaimer.

You agree that Elizabeth Rogers Pilates & Physical Therapy is not responsible for any injuries that you sustain from participation in any of the activities depicted on the Website or through its Content. You expressly waive any claim for any injury at any time against Elizabeth Rogers Pilates & Physical Therapy, or any person or entity involved with Elizabeth Rogers Pilates & Physical Therapy, including, without limitation, its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates, and representatives.

Your use of the Website and its Content evidences 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.

Elizabeth Rogers Pilates & Physical Therapy may suggest a particular technique, use of equipment, pose, move, or instruction, but it is your sole responsibility to ascertain if such technique, use of equipment, pose, move, or instruction is consistent with your ability and safe for you to do.

No Warranty Or Guarantee Of Outcome.

Elizabeth Rogers Pilates & Physical Therapy has made efforts to provide accurate information on the Website and its Content. But any testimonial or example on the Website or in the Content does not guarantee that you will receive similar results. Your results will depend upon your background, effort, overall health, motivation, desire, and many other factors that are beyond the scope of the Website and its Content.

Elizabeth Rogers Pilates & Physical Therapy makes no guarantee and no warranty that you will have any specific result.

Intellectual Property Infringement.

Elizabeth Rogers Pilates & Physical Therapy respects intellectual property rights. If you think that material that appears on our Website is subject to copyright or trademark infringement, please provide us with following information: (1) the claimed infringement; (2) reasonably sufficient information to allow Elizabeth Rogers Pilates & Physical Therapy 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 signature of the owner; (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.

DMCA Takedown Notification.

Pursuant to a valid DMCA takedown notice, Elizabeth Rogers Pilates & Physical Therapy will notify you if we have removed copyright protected material.

No Assignment.

The Conditions of Use and licenses may not be transferred or assigned by you but may be assigned by us without restriction.

Consent For Electronic Communications.

By providing Elizabeth Rogers Pilates & Physical Therapy 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 Elizabeth Rogers Pilates & Physical Therapy provides to you by email satisfy any legal communication requirements.

Applicable Law and Enforcement Of Conditions Of Use.

The laws of the State of Washington, without giving effect to its principles of conflicts of law, govern all adversarial proceedings arising out of these Conditions of Use. If a Website visitor takes legal action against us relating to the Website Privacy Policy or these Conditions of Use, or relating to the visitor’s interactions with or relationship to Elizabeth Rogers Pilates & Physical Therapy relating to this Website, that visitor agrees to file such action only in the state and federal courts located in the State of Washington.

By using this Website, you agree that:

  • if any provision of this agreement is held to be unenforceable, then that provision 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;
  • 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
  • that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.

No waiver of the Privacy Policy or these Conditions of Use shall be effective unless it is in writing and signed by an authorized representative of Elizabeth Rogers Pilates & Physical Therapy. No such waiver shall be deemed a further or continuing waiver of such term or any other term or condition of use.

The Privacy Policy and these Conditions of Use constitute the entire agreement between you and Elizabeth Rogers Pilates & Physical Therapy, as it relates to your use of this Website. It does not create any relationship between you and Elizabeth Rogers Pilates & Physical Therapy that is not contemplated in these policies.

Amendments And Modifications.

Elizabeth Rogers Pilates & Physical Therapy may amend or update the Privacy Policy, these Conditions of Use, or the Content at any time without prior notice. If you use this Website after any changes, you agree to be bound by the changes.

Affiliate Disclaimer.

Pursuant 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 Elizabeth Rogers Pilates & Physical Therapy may receive payment if you purchase products or services through such links.

Elizabeth Rogers Pilates & Physical Therapy only utilizes affiliated links for products or services that its principals have personally used and believe will add value to its visitors.

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