Welcome to Valley Performance Physical Therapy, Inc website (“Site”). Valley Performance Physical Therapy provides the use of this Site to you subject to these terms and conditions. Your use of this Site constitutes your acceptance of these terms and conditions. If you do not agree to all of these terms and conditions, do not use this Site. Our Company may modify these terms and conditions, in whole or in part, at any time and in its sole discretion. Such modifications will be effective when posted on this Site, so please review these terms and conditions regularly in connection with your use of this Site. Your continued use of this Site constitutes acceptance of these terms and conditions as modified.
This Company may also terminate, change, or otherwise modify any aspect of this Site, or impose limits on features or restrict access, in whole or in part, to this Site at any time and in its sole discretion without liability. The Company may terminate any authorizations, rights, and licenses provided herein, and upon such termination, you shall immediately destroy all materials obtained from this Site.
Site Usage
This Company authorizes you to view and download the materials at this Site, provided that (i) you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials, (ii) your use of such materials is for your personal, non-commercial use only, and will not be copied or posted on any network computer or broadcast in any media, (iii) you may not modify the materials in any way or reproduce, publicly display, perform, distribute, transmit, or create derivative works from any of the materials on this Site, and (iv) you may not transfer the materials to any other person unless you give them notice of, and they agree to accept, these terms and conditions. The above authorization does not include the design or layout of this Site, elements of which are legally protected and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from this Site may be copied or retransmitted unless expressly authorized by the Company. No other use of the materials is authorized. The materials at this Site are proprietary and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws.
Access-restricted areas
Access to password-protected and/or secure areas of this Site is limited to authorized users only and requires creation of an account. You must provide complete and accurate information on your account and update such information as necessary. You are responsible for maintaining the confidentiality of your account and password information, and you agree not to share or distribute your password information. You agree to notify our Company immediately of any unauthorized use of your account or any other breach of security. You further agree to accept responsibility for all activities that occur under your account or password.
Links to third party sites
Any links to third-party websites that may appear on this Site are provided only as a convenience to you and in no way imply any affiliation, sponsorship, endorsement, or acceptance of any information or views provided on those linked websites. The Company does not monitor the linked websites for accuracy or content, and does not warrant the information contained thereon. The information provided on the linked websites and any warranty with regard thereto is solely the responsibility of the providers of that information. If you decide to access third-party websites through links from this Site, you do so at your own risk.
Disclaimer/limitation of liability
DISCLAIMER
YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. THE OPERATION OF THIS SITE AND THE INFORMATION AVAILABLE THEREON ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, this Company, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF. Our Company MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS SITE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE, (V) BUGS, VIRUSES, WORMS, TROJAN HORSES, SPYWARE, OR ANY OTHER MALWARE, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THIS SITE BY ANY THIRD PARTY, (VI) ERRORS OR OMISSIONS IN ANY INFORMATION, AND/OR (VII) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY INFORMATION POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL this Company ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING UNDER OR AS A RESULT OF THESE TERMS AND CONDITIONS, THE USE OR INABILITY TO USE THIS SITE OR THE CONTENTS OF THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT the Company IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Intellectual property
Trademarks
The Company logo and names of this Company products or services displayed on this Site are protected by U.S. and international trademark and copyright laws. All trademark name representations and listed owners are believed to be accurate, but not guaranteed to be so.
Other third party trademarks referenced on this Site, including but not limited to those listed below, are the property of their respective owners.
No license to use any of this Company’s trademarks is given or implied. Users are not permitted to use these trademarks without the prior written consent of the Company. The use of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of federal or other applicable laws.
Copyright
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
The Digital Millennium Copyright Act of 1998, found at 17 U.S.C. § 512 (“DMCA”), provides recourse for copyright owners who believe their rights under United States copyright law have been infringed. Pursuant to the DMCA, anyone who believes their material has been used in a way that constitutes copyright infringement may submit a notification of copyright infringement to a designated agent for the website.
We respect the intellectual property rights of others and are committed to complying with United States copyright law, as well as international trade law and practices. Therefore, upon receipt of a proper notification of copyright infringement under the DMCA, we will remove and/or block access to the allegedly infringing material.
To be valid, notifications must be sent our information hotline, identified below:
● Valley Performance Physical Therapy, Inc.
● 1180 W. Olive Suite I Merced, CA 95348
● EMAIL: info@ValleyPerformancePT.com
Phone: 209.626.5350
To be effective under the DMCA, a copyright notice must be a written communication that includes the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
Identification of and a brief description of the copyrighted work claimed to have been infringed upon;
Identification of the material that is claimed to be infringing, and a description of where to locate the material you claim is infringing. This will require, at a minimum, a precise URL for the material you allege should be removed or to which access should be disabled;
An address, telephone number, and, if available, an electronic mail address at which you, as the complaining party, may be contacted;
A statement that you, as the complaining party, have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that, under penalty of perjury, the information in the notification is accurate and the complaining party is the copyright owner, or is otherwise authorized to act on behalf of the copyright owner.
This procedure is exclusively for notifying this Company, that your copyrighted material has been infringed. All other concerns or notices should be directed to info@performanceppt.com.
Except as otherwise provided, this Company owns all content contained in this Site, including without limitation the information, materials, text, graphics, Site design, and the selection, assembly and arrangement thereof (“Content”). The Content is protected by copyright laws of the U.S. and other countries.
Content published on this Site may contain other proprietary notices or describe products, services, processes, or technologies owned by our Company or third parties. Please note that by publishing this Content, this Company is not granting any license under any copyright, trademark, patent, or other intellectual property right of this Company or any third party.
Except for the rights granted in these terms and conditions, no Content on this Site may be copied, distributed, displayed, modified, reproduced, performed, published, posted, or reverse engineered in whole or in part in any way, stored or transmitted by any means, including but not limited to electronic, mechanical, scanning, photocopying, or recording, without the prior written permission of our Company. You also may not, without our permission, “mirror” any Content on this Site, and such use of any Content on any other website or networked computer environment is expressly prohibited. Modification of the Content or use of the Content on this Site for any other purpose is a violation of this Company’s copyright and other proprietary rights.
User-provided information
Should use of this Site require you to submit any of your personal information to the Company, such information is protected by the Corporate Privacy Policy. Beyond any personal information you are required or requested to submit to this Company in connection with your use of this Site, our Company does not want you to, and you warrant that you will not, submit any confidential or proprietary information through this Site, nor any ideas for new products, technologies, process, materials, marketing or advertising plans or campaigns, or product names, whether or not such ideas are confidential or proprietary. You agree that this Company has no obligation to deem or treat any information or material you send to this Site as confidential or proprietary, unless the Company has otherwise agreed in writing. By sending this Company materials or information, you grant our Company an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such material or information, and you further agree that this Company is free to use any ideas, concepts, know-how, or techniques that you provide for any and all commercial or non-commercial purposes. You further agree that you will not post or transmit to or from this Site any threatening, defamatory, obscene, harassing, or otherwise unlawful material, or that incorporates the proprietary material of another.
Software
Any software that is made available to download from this Site is the copyrighted work of the Company and/or its suppliers, and is governed by the terms of the end user license agreement, if any, that accompanies or is included with the software. You may not download or install any software from this Site that is accompanied by or includes a license agreement unless you have read and accepted the terms of the license agreement. Any unauthorized use, reproduction, or redistribution of the software is prohibited.
Applicable law
This Site is controlled and operated by the Company from its offices within the Unites States of America. The Company makes no representations that this Site is appropriate or available for use in other locations. Those who choose to access this Site from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of United States export laws and regulations. Any and all actions, claims, disputes, or controversies relating to these terms and conditions, the use of this Site, or any materials therein shall be governed by the law of the California, United States of America without regard to its conflict-of-laws principles. By using this site, you expressly consent to the exclusive forum, jurisdiction, and venue of the state and federal courts of California, United States of America in such actions, claims, disputes, or controversies.