TERMS OF SERVICE
We agree to provide the physical therapy and wellness services to you on the terms set out in this Agreement. This document represents the entire understanding between the Parties, and - except for those terms implied by law and which cannot be excluded and any other terms specifically incorporated by reference - no other terms apply.
You signify your consent to this Agreement by purchasing any therapy and / or wellness services from the website. We do alter this Agreement from time to time, and you must review this document before each purchase.
If you are under 18 years of age, you must provide us with the written consent of your parent or guardian, who must also agree to -
be bound by this Agreement;
provide proper supervision in relation to the provision of information to us; and
provide proper supervision in relation to your use of our physical therapy services
3. PURPOSE AND NATURE OF OUR PHYSICAL THERAPY SERVICES
You acknowledge that -
no online service is a perfect substitute for an "in person" consultation with a physical therapist; and
we are unable to guarantee that our treatments will result in a cure of your particular complaint or condition. We recommend treatments that we believe are likely (based upon our experience and training) to be effective, but we cannot guarantee results.
4. SUITABILITY OF OUR PHYSICAL THERAPY AND / OR WELLNESS SERVICES
It may become obvious to us that our physical therapy services are not suitable for you. In these circumstances, we will not provide physical therapy services to you. Instead, we will make our best attempt to suggest an alternative course of action.
It may become obvious to us that our wellness services are not suitable for you or in such the case that you require a higher level of care such as physical therapy and/or medical evaluation. In these circumstances, we will not provide wellness services to you. Instead, we will make our best attempt to suggest an alternative course of action.
5. PURPOSE AND NATURE OF OUR WELLNESS SERVICES
You acknowledge that -
a wellness consultation, service or session is not considered Physical Therapy. A wellness consultation, service or session is for the purpose of health promotion and education on lifestyle management. It is not intended to treat, diagnosis or manage specific acute or chronic injury or disease processes.
a wellness consultation, service or session is not considered a substitute for evaluation and treatment by the properly licensed health care provider.
we are unable to guarantee that our treatments will result in a change in your overall wellness or health indicators. We make recommendations that we believe are likely (based upon our experience and training) to be effective, but we cannot guarantee results.
6. PROVISION OF INFORMATION BY YOU
You acknowledge that in delivering our physical therapy services, we are completely reliant upon the information that you provide us. In this regard, you agree to provide us with:
accurate and complete information in response to our online questionnaires and any follow-up questions which we ask of you; and
any information which could reasonably be expected to be relevant to your condition or treatment.
if receiving physical therapy services which must be provided in a state covered by the clinician's licensure, you will provide accurate information as to your location when telehealth services will be received.
7. PROVISION OF ADVICE BY US
We agree to provide you with a written document containing your treatment program or other requested information by email within two business days.
8. USING OUR PHYSICAL THERAPY AND /OR WELLNESS SERVICES
a. Full understanding required: You must not implement our treatment program or act on any advice unless you fully understand it. Please ask any questions before implementing any treatment program or acting on any advice provided by us.
b. Cessation: You must immediately cease using our treatment program and cease acting upon any advice give by us if you experience any pain or discomfort. In these circumstances, you must contact us as soon as possible.
c. Third persons: You must not provide our treatment program to any other person. We assume no duty of care in relation to any third persons.
a. Statutory Terms: The laws in force in Montana and the United States imply certain terms into contracts between consumers and businesses. These include warranties that our services are to be delivered with due care and skill, and that they are reasonably fit for the purposes for which they are intended. Such terms form part of this Agreement, and no part of this Agreement is intended to exclude, restrict or modify those terms or our liability to you for breach of those terms.
b. Exclusion: Subject to sub-clause (a) above and our obligation under any law not to exclude or restrict our liability to you, we exclude all liability to you which is related in any way to your use of our physiotherapy services -
of whatever nature (whether any indirect, incidental, special or consequential loss or damage or otherwise, including loss of business or other profits); and
however arising (whether through the law of negligence or tort generally, breach of contract, breach of statutory duty or otherwise).
c. Limitation: Where liability cannot be excluded under sub-clause (b) above, any liability incurred by us in relation to our physiotherapy services is limited to $1,000 unless we specifically agree upon an alternative amount with you. We would be prepared to agree to increase the cap on our liability in return for you paying a higher fee for our physiotherapy services.
11. GOVERNING LAW
This Agreement is governed by the laws in force in the State of Montana, and you submit to the jurisdiction of the courts in that State.
In this document and the documents incorporated by reference, the following terms have the following meanings unless the context clearly requires otherwise:
"Agreement" means the terms and conditions of purchasing our physiotherapy services as set out in this document and the documents incorporated by reference;
"Business Days" means any day other than a Saturday or a Sunday or a day declared a national or public holiday;
"Elaine Mele PT, DPT, PYT" means us;
"Physical therapy services" means any physiotherapy or health-related services provided by us in return for a fee including any assessment, diagnosis, advice or treatment program; and
"Website" means the web site located at the domain "elainemele.com" and on all sub-domains, folders and sub-folders on this domain.
In this document, unless the context clearly requires otherwise:
The terms "we", "us" and "our" are references to are provided via this website, which is owned and operated by Elaine Mele PT, DPT, PYT, trading as elanemele.com, our successors and assignees;
Words defined in the singular have the corresponding meaning in the plural;
Reference to a "person" includes a reference to a corporation, association or other entity;
Reference to a "written request" means a request submitted to us by email, by post, or using the "Contact" form on the Website;
Reference to the "Parties" means both you and us; and
All monetary amounts are expressed in US dollars.
Any questions, concerns or request for additional information regarding this document can be directed here.