Terms & Conditions - Privacy Policy - Disclaimer
This Website (‘DrSamPT.com”) and its Content is owned by Dr. Samuel A. Mielcarski, DPT (“Company”, “we”, or “us”). The term “you” refers to the user or viewer of this Website.
Please read these Terms and Conditions (aka: “T&C” or “Terms”) carefully. We reserve the right to change these Terms and Conditions on the Website at any time without notice, and by using the Website and its Content you are agreeing to the Terms and Conditions as they appear, whether or not you have read them. If you do not agree with these Terms and Conditions, please do not use our Website or its Content.
Privacy Policy:
Notice to EU Individuals: This Privacy Statement and its enumerated policies are intended to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the “General Data Protection Regulation” or “GDPR”) and provide appropriate protection and care with respect to the treatment of your user information in accordance with the GDPR.
As such, we are committed to complying with the GDPR and:
We will maintain technical and organizational measures to keep your data safe.
We will ONLY process your data for legitimate interest-based purposes (meaning your “interest” in receiving the info we provide).
You can withdraw your consent to receive any information from us at any time.
You have the right to ‘be forgotten’ or to request that we erase your personal data from our database.
If there is ever a data breach, we will notify you without delay with the next steps to protect your data.
Please read this Privacy Policy carefully before using this Website. We reserve the right to change this Privacy Policy on the Website at any time. Use of any information or contribution that you provide to us, or which is collected by us on or through our Webpage or its Content is governed by this Privacy Policy. By using our Website or its Content, you consent to this Privacy Policy, whether or not you have read it. If you do not agree with this Privacy Policy, please do not use our Website or its Content.
Personal identification information
We may collect personal identification information from ‘Users’ in a variety of ways, including, but not limited to, when ‘Users’ visit our site, register on the site, place an order and in connection with other activities, services, features or resources we make available on our Site. ‘Users’ may be asked for, as appropriate, name, email address, mailing address, phone number, or credit card information. Users may, however, visit our Site anonymously.
We will collect personal identification information from ‘Users’ only if they ‘voluntarily submit’ such information to us. ‘Users’ can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Site related activities. Users will have the right to ‘opt out’ of using the site and/or from receiving information from ‘DrSamPT.com’ at any time.
Non-personal identification information
We may collect non-personal identification information about ‘Users’ whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about ‘Users’ means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
Our Site may use “cookies” at times to enhance ‘User’ experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. ‘User’ may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.
How we use collected information
‘DrSamPT.com” collects and uses personal information for the following purposes:
To improve customer service- Your information helps us to more effectively respond to your customer service requests and support needs.
To personalize the user experience- We may use information in the aggregate to understand how our ‘Users’ as a group use the services and resources provided on our Site.
To improve aspects of our Site- We continually strive to improve our website offerings based on the information and feedback we receive from you.
To process financial transactions- We may use the information ‘Users’ provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
To send periodic emails- The email address ‘Users’ provide for order processing, will be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If ‘User’ decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc.
If at any time the User would like to ‘unsubscribe’ from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or ‘User’ may contact us via our Site.
How we protect your information
We adopt appropriate data collection, storage, and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. Sensitive and private data exchange between the Site and its Users happens over a secured communication channel and is encrypted and protected.
This Privacy Statement does not apply to the activities of ‘DrSamPT.com’ third party sponsors, advertisers, and other partners that may collect your user information while accessing or using such third party’s services in connection with your use of our Site (i.e. social media and sharing services). The privacy and information practices of those ‘third parties’ are not covered by this Privacy Statement.
To learn more about such ‘third party’ policies, we encourage you to read and review the privacy statements of each third party service that you may choose to use in connection with this Site. This Privacy Statement applies only to information collected by us.
Your user information may be transferred to other countries in connection with your use of our Site. If you access or use our Site outside of the United States, your user information may be transferred to our servers in the United States.
As required by law:
‘DrSamPT.com” may disclose your personal information if required to do so by law; such as to comply with a subpoena or in the good faith belief that such action is necessary to conform to the edicts of the law, protect your safety or the safety of others, investigate fraud or comply with a judicial proceeding, court order, or legal process served on ‘DrSamPT.com” or to protect and defend the rights or property of ‘DrSamPT.com”.
Changes to this privacy policy
‘DrSamPT.com” has the discretion to update this Privacy Policy at any time. When we do, revisionsof the updated date can be found at the bottom of this page. We encourage ‘Users’ to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.
If we make any material changes to this Site, we will also attempt to notify you by email (sent to the e-mail address you specified when registerg with our Site) or by means of a notice on this website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
Electronic Communications
Visiting ‘DrSamPT.com” or sending emails to ‘DrSamPT.com’ constitutes ‘electronic communications’. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
‘DrSamPT.com” does not knowingly collect, either online or offline, personal information from persons under the age of 18. If you are under 18, you may use ‘DrSamPT.com” only with permission of a parent or guardian.
Links to third party sites/Third party services
‘DrSamPT.com” may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of ‘DrSamPT.com”; and this Site is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ‘DrSamPT.com” is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ‘DrSamPT.com” of the site or any association with its operators.
Certain services made available via ‘DrSamPT.com” may be delivered by third party sites and organizations. By using any product, service or functionality originating from the ‘DrSamPT.com”, you hereby acknowledge and consent that ‘DrSamPT.com” may share such information and data with any third party with whom ‘DrSamPT.com’ has a contractual relationship to provide the requested product, service, program, or functionality on behalf of ‘DrSamPT.com” users and customers.
Your acceptance of these terms
By using this Site, you signify your acceptance of this privacy policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
If you have any questions about this ‘Privacy Policy’, please contact us here: Health@DrSamPT.com
PURCHASES / CANCELLATION / REFUND POLICY
‘DrSamPT.com” may provide both FREE and PAID educational health / wellness / rehab products and/or services. If you have NOT purchased anything from this site, then you will NOT be billed or charged anything.
If you purchase any PAID “Coaching Programs“, “Wellness Programs”, “Corporate Wellness Consulting Services”, “Rehabilitation Services”, or any other types of “Products” or “Services” offered by ‘DrSamPT.com”, your agreement in doing so will be bound by the terms and conditions of the “Client Contract” that you may have signed with Dr. Samuel A. Mielcarski, DPT (or business names it may operate under such as: “DrSamPT”, “DrSamPT.com”, “Body Dynamic, LLC or “Health Raisers Consulting” or “DrSamPT.com”).
If paying by credit card, or with an online merchant account, the billing merchant on your statement may read: “STRIPE” or “PayPal”. The seller merchant name may read: “DrSamPT”, “DrSamPT.com”, “BODY DYNAMIC, LLC” or “Health Raisers Consulting”. Any products or services purchased from ‘DrSamPT.com” are subject to the refund and/or cancellation policies and/or “terms and conditions”; as outlined on the specific product/service pages that represent those specific products/services; and/or within the “Client Contract”.
Paid “Digital download products” may be ‘Refundable’, but MUST MEET certain criteria as outlined on the specific pages upon which the orders were placed.:
When purchasing or downloading a product or service on this Site, you are agreeing to be added to Dr. SAM’s Main ‘email list’ at DrSamPT.com. This helps us contact you in the future if needed; as well as keep you informed of any future products, services, promotions, or health and wellness info we provide, that may be of interest to you.
You are under no obligation to remain subscribed to our emailing list; and you can ‘unsubscribe’ at any time from future emailings you may receive from us by clicking the “unsubscribe” option in the footer section of the emails you receive from us.
Termination / Access Restriction
‘DrSamPT.com” reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Georgia and you hereby consent to the exclusive jurisdiction and venue of courts in Georgia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and ‘DrSamPT.com” as a result of this agreement or use of the Site.
‘DrSamPT.com” performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ‘DrSamPT.com’ right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by ‘DrSamPT.com” with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ‘DrSamPT.com” with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ‘DrSamPT.com” with respect to the Site.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use ‘DrSamPT.com” strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to ‘DrSamPT.com” that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of ‘DrSamPT.com” or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
DrSamPT.com” content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.
You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of ‘DrSamPT.com” and the copyright owner.
You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ‘DrSamPT.com” or our licensors except as expressly authorized by these Terms.
Changes to Terms
‘DrSamPT.com” reserves the right, in its sole discretion, to change the Terms under which it is offered. The most current version of the Terms will supersede all previous versions.
‘DrSamPT.com” encourages you to periodically review the “Terms” to stay informed of our updates.
Contact Us
If you have any questions about these ‘Terms & Conditions’, please contact us here: Health@DrSamPT.com
DISCLAIMER
This Website (‘DrSamPT.com”) and its Content is owned by Dr. Samuel A. Mielcarski, DPT (“Company”, “we”, or “us”). The term “you” refers to the user or viewer of this Website.
Please read this “Website Disclaimer” carefully. We reserve the right to change this Website Disclaimer at any time without notice, and by using the Website and its Content you are agreeing to the Website Disclaimer as it appears, whether or not you have read this language. If you do not agree with this Website Disclaimer, please do not use our Website or its Content.
Medical Disclaimer/ Indemnification
All ‘DrSamPT.com” products and services are meant for ‘Educational Purposes’ Only. Under no circumstances should the information contained within the products, services, or programs supersede the instructions given to you by your personal physician or licensed healthcare provider regarding specific conditions that you’re receiving treatment for, or have been treated for in the past. You are ‘responsible’ for your own health and well- being.
Neither ‘DrSamPT.com” (the creator of these products, services, or program), nor any other co-sponsoring organization and its employees, shall assume or have any responsibility or liability for expenses, medical treatment, or any other forms of compensation for any injury, illness, suffering or discomforts that you may experience as a result of your application of the information contained within this program.
You agree to indemnify, defend and hold harmless ‘DrSamPT.com”, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
‘DrSamPT.com” reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ‘'DrSamPT.com ny available defenses.
Liability Disclaimer
The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. ‘DrSamPT.com” and/or its suppliers may make improvements and/or changes in the site at any time.
‘DrSamPT.com” and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind.
‘DrSamPT.com” and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall ‘DrSamPT.com” and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if ‘DrSamPT.com” or any of its suppliers has been advised of the possibility of damages.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.
Your acceptance of this Disclaimer
By using our Website, Programs, Products and Services you implicitly signify your agreement to all parts of the above Disclaimer. If you do not agree with this Website Disclaimer, please do not use our Website or its Content.
Contact Us
If you have any questions about this Disclaimer, please contact us here: Health@DrSamPT.com
Last updated: Effective as of Jan. 1st, 2021