TERMS OF SERVICE
Please read these Terms of Service (the “Terms” or “Agreement”) carefully. The Terms govern your use of the Services and constitute your consent to this Agreement. PLEASE READ THESE TERMS CAREFULLY AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND THE CLINIC.
1. Terms of Service. This Agreement is between you and Athlema Physical Therapy PLLC, a Washington professional limited liability company (“Clinic” or “we” or “us”) concerning your use (including any access to) the Clinic website located at https://www.athlemapt.com/, (together with any materials and services available therein, and successor site(s) thereto, collectively, the “Website”), including any online scheduling or request forms, patient portal links, secure messaging tools, and other online services (together with the Website, the “Services”). This Agreement hereby incorporates by reference any additional terms and conditions posted by us on the Website or otherwise made available to you by us (“Additional Terms”). Website content is provided for general educational and informational purposes only. It is not medical advice, diagnosis, or treatment, and it is not a substitute for an in-person or telehealth evaluation by a licensed health care professional. We do not guarantee the accuracy, completeness, or availability of every description, biography, service page, map, or resource on the Website, although we try to keep information current.
Use of the Services - including browsing the Website, submitting a contact form, requesting an appointment, sending an email, or interacting through social media - does not by itself create a provider-patient relationship. A provider-patient relationship begins only after we accept you as a patient and the required intake, consent, and other Clinic forms have been completed.
DO NOT use the Services for emergencies or urgent medical needs. If you believe you are experiencing a medical emergency, call 911 or go to the nearest emergency department immediately. Do not send emergency messages or highly sensitive information through a general website contact form, social media, or unencrypted email when a secure alternative is available.
2. Electronic Medical Records. We may use Jane App or another secure, cloud-based practice management and electronic medical records software (“EMR”) to provide online appointment requests, patient intake, secure messaging, telehealth (if offered), clinical documentation, patient record access, and payment-related functions. Some Services may redirect you to or be hosted by Jane App or another third-party provider. Your use of these tools may also be subject to the EMR provider's own terms and privacy notices. We select and use service providers to support our operations, but we do not control all third-party platforms and are not responsible for their independent terms, availability, or acts or omissions except as required by law. We may require you to use our EMR provider for certain communications or document exchanges.
3. Account Registration; Usernames & Passwords. To access certain Services, including EMR services, you will be required to register an account (“User Account”), and you agree to our terms (and the EMR provider’s terms) until you cancel your User Account. Messages, attachments, forms, photos, and other information submitted through an EMR portal or other secure tools may become part of your designated record set or medical record where appropriate. We reserve the right to delete User Accounts in our sole discretion. Limit one User Account per person and one User Account per email. You must provide accurate, current, and complete information during the registration process and at all other times when you use the Services. Additionally, you must update your account information to keep it accurate, current, and complete. Use your legal name and actual date of birth where required. You are the sole authorized user of any User Account you create and responsible for all activities that occur under your password or account. You agree that you shall monitor your account to prevent use by any person under the age of 18, and you will accept full responsibility for any unauthorized use of your password or your account. If you use the Services on behalf of a child, dependent, or another individual, you represent that you are authorized to act for that person. The website is not directed to children under 13, although parents or legal guardians may use the Services in connection with care for a minor. You may not authorize others to use your User Account and you may not assign or otherwise transfer your account to any other person or entity. Should you suspect that any unauthorized party may be using your password or account, you will notify us at info@athlemapt.com.
We may reject or require that you change any username, password or other information that you provide to us in registering. Your username and password are for your personal use only and should be kept confidential; you, and not the Clinic, are responsible for any use or misuse of your username or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your username, password, or User Account. You will periodically receive correspondence from the Clinic at the email address you register with your account. Accordingly, it is critical that you safeguard your designated email address and restrict access thereto. The registration of an email address with your account indicates your consent for the Clinic to transmit your personal information, including User Account information, to such address.
4. Appointments, Scheduling, & Availability. Appointment requests submitted through the Services and/or EMR are requests only and are not confirmed until accepted by the Clinic. Provider availability, modality, and scheduling options may change. We may offer waitlists, recurring appointments, telehealth, intake, or reminders through the Services, but we do not guarantee any appointment slot, provider, insurance coverage, or treatment plan. Separate patient-facing policies may govern intake deadlines, late arrival, cancellation, rescheduling, late-payment consequences, and no-show fees.
5. Changes. We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms on the Website. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms, incorporating such changes or otherwise notified you of such changes. Your use of the Services following any changes to this Agreement will constitute your acceptance of such changes.
6. Payments & Billing. If you schedule appointments, place a card on file, pay deposits, or make other online payments through your use of the Services, you authorize us and our payment processor to charge the payment method you provide for amounts that are disclosed to you at the time of scheduling, intake, or billing, subject to applicable law (each, a “Transaction”). Separate patient-facing financial policies - including self-pay rates, insurance billing practices, late-cancellation and no-show fees, refund rules, charge authorizations, recurring appointments, and related matters - may be provided at scheduling, intake, or during care. Those policies are incorporated into patient-service arrangements to the extent applicable. You represent and warrant that you have the right to use any credit card or other payment information that you submit in connection with a Transaction. By submitting such information, you hereby authorize the Clinic to charge you and grant us the right to provide such information to third parties for purposes of facilitating Transactions, including through the Clinic’s third-party payment processing service. Verification of information may be required prior to the acknowledgment or completion of any Transaction. Your payment method may require validation or authorization of the Transaction. The Clinic will not be liable for any delay caused by non-receipt of the required validation or authorization. If your payment method fails or fees associated with your User Account are past due, we may collect fees owed using other collection mechanisms, including charging other payment methods on file (including with our payment processor) and/or retaining collection agencies and legal counsel.
7. Privacy, Jurisdiction. Your access to and use of the Services is also conditioned on your acceptance of and compliance with the Clinic’s Privacy Policy. Any protected health information will be handled in accordance with our Privacy Policy, HIPAA, and other applicable law. These Terms govern your use of the Website and related Services. They do not replace patient consent forms, our Privacy Policy, or other Clinic policies applicable to clinical care. The Services are intended for use in the United States, and our professional services are offered only in Washington and any other jurisdiction where our clinicians are licensed and authorized to provide them. Do not use the Services to request diagnosis, treatment, or other professional services if you are outside Washington (or other licensed jurisdictions) unless we expressly state otherwise in writing. The Services are not intended to subject the Clinic to any non-U.S. jurisdiction or law and may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Services is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Website or Service’s availability at any time, in whole or in part, to any person, geographic area, or jurisdiction in our discretion.
8. Consent to Communications. By providing your contact information, you authorize us to send Service-related communications such as appointment confirmations and reminders, intake links, care coordination messages, billing notices, follow-up communications, and responses to your inquiries by email, telephone, voicemail, or text message (“Communications”), including through automated technology where permitted by law. Voice calls and text messages, if any, (if you opt in to receive text messages) will be to the phone number you have supplied in your User Account or otherwise as part of your intake process. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. Your agreement to receive Communications is not a condition of any Services. If you wish to opt out of promotional emails, you can unsubscribe by following the unsubscribe options in the promotional emails.
9. Code of Conduct. You agree not to use the Services to: (a) violate any law or another person's rights; (b) submit false or misleading information; (c) harass, threaten, abuse, or impersonate others; (d) upload malware or other harmful code; (e) interfere with the security or operation of the Services; (f) scrape, data-mine, or systematically collect content from the Services without our written permission; (g) attempt unauthorized access to accounts, records, or systems; or (h) use the Services in a way that could disrupt care, scheduling, or the experience of other users. We may suspend, restrict, or terminate access to the Services if we reasonably believe you have violated these Terms or pose a security, legal, or operational risk.
10. Products. The Services are not an e-commerce storefront for physical goods, subscriptions, shipping, or consumer resale. Unless we expressly state otherwise, no product sale, product shipment, or auto-renewing subscription is offered through the Services. Notwithstanding the foregoing, the Clinic may make available listings, descriptions and images of goods or services or related coupons, discounts or trials of goods or services (collectively, “Products”), as well as references and links to Products. The availability of any Product (including the validity of any coupon or discount) is subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. The Clinic does not guaranty the accuracy or completeness of any Product description, including price, product images, specifications, or availability. Product descriptions and prices are subject to change at any time without notice. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product. The Clinic reserves the right to limit any initial trial offers. Any discount, coupon, promotion, trial, and/or other modification to subscription pricing is non-transferable and is not redeemable for cash or cash equivalent.
11. Promotions. The Clinic may make promotional offers available to you. You agree that promotional offers: (a) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (b) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by us; (c) are subject to the specific terms that the Clinic establishes for such promotional offer; (d) cannot be redeemed for cash or cash equivalent; and (e) are not valid for use after the date indicated in the offer or one year. The Clinic reserves the right to modify or cancel an offer at any time. If you attempt to evade restrictions on offer redemptions, the Clinic may decline to redeem your code or take any other action permitted by these Terms.
12. Intellectual Property. All content on the Services - including text, graphics, logos, photographs, videos, page design, and other materials - is owned by us or used under license and is protected by applicable intellectual property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive license to engage the Services for your personal, non-commercial use. If you send us questions, operational feedback, or other communications through the Services, we may use them to respond to you, operate the Services, and improve our practice and Website. If we want to use a patient testimonial, photo, success story, or other identifiable content for marketing or promotional purposes, we may request a separate authorization or release where appropriate. Please do not submit content that you do not have the right to share.
13. Third Party Materials, Links. Certain Website functionality may make available access to information, products, services, and other materials made available by third parties (e.g., Google Maps) (“Third-Party Materials”) or allow for the routing or transmission of such Third-Party Materials, including via links. By using such functionality, you are directing us to access, route, and transmit to you the applicable Third-Party Materials. We neither control nor endorse, nor are we responsible for, any Third-Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third-Party Materials, or any intellectual property rights therein. Certain Third-Party Materials may, among other things, be inaccurate, misleading, or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by us with respect to any Third-Party Materials. We have no obligation to monitor Third-Party Materials, and we may block or disable access to any Third-Party Materials (in whole or part) through the Website at any time. In addition, the availability of any Third-Party Materials through the Website does not imply our endorsement of, or our affiliation with, any provider of such Third-Party Materials, nor does such availability create any legal relationship between you and any such provider. YOUR USE OF THIRD-PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD-PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD-PARTY MATERIALS). THE CLINIC ACCEPTS NO RESPONSIBILITY AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR USE OF ANY THIRD-PARTY WEBSITES OR SERVICES.
14. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. THE SERVICES, ANY PRODUCTS, EMR, AND THIRD-PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. We do not warrant that the Services will be uninterrupted, error-free, secure, or free from viruses, or that all content will always be current, complete, or accurate. Nothing in these Terms is intended to limit rights or obligations that cannot be disclaimed under applicable law, or to disclaim liability for professional negligence, medical malpractice, gross negligence, fraud, or willful misconduct.
15. Limitation of Liability. To the fullest extent permitted under applicable law: (a) the Clinic will not be liable, and you may be liable, for losses, damages, liability, expenses, and fees incurred by the Clinic or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use; (b) the Clinic will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind arising from your use of the Services under any contract, tort (including negligence), strict liability, or other theory, even if advised in advance of the possibility of such damages or losses; and (c) without limiting the foregoing, the Clinic will not be liable for damages of any kind resulting from your use of or inability to use the Services or Third-Party Materials, including from any virus that may be transmitted in connection therewith. If you are dissatisfied with any portion of the Services, your sole and exclusive remedy is to discontinue use of the Services. All limitations of liability of any kind (including in this section and elsewhere in this agreement) are made for the benefit of the Clinic and its respective successors and assigns. To the extent limitations on certain implied warranties, or exclusions or limitations of certain damages are prohibited by law, (a) the above limitations and exclusions are hereby modified to the minimum extent necessary to bring them into compliance with said law, and (b) some or all of the above disclaimers, exclusions or limitations of liability may not apply, and you may have certain additional rights.
16. Indemnity and Release. To the fullest extent permitted under applicable law, you agree to defend, indemnify, and hold harmless the Clinic and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to: (a) your use of the Services or Products obtained through your use of the Services; (b) your breach or violation of any of these Terms; or (c) your violation of the rights of any third party.
17. Termination, Reservation of Rights. The Clinic may terminate, discontinue, cancel, suspend, change or limit your use of the Website or Services at any time and without prior notice, for any or no reason, including if the Clinic believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or if any amounts due by you are past due. You agree that the Clinic will not be liable to you or to any third party for any modification, suspension, or termination of your ability to use Website, Services, or Products.
18. Dispute Resolution, Governing Law & Venue. Should a dispute arise under this Agreement or between the parties, the parties shall first notify the other party in writing of the dispute and attempt in good faith to resolve the matter informally by meeting in person or by telephone or video conference. If the parties are not able to resolve the dispute informally within thirty (30) days from the first discussion, the dispute may then be submitted to mediation. If mediation is unsuccessful or declined, the dispute shall be resolved in any court of competent jurisdiction in King County, Washington. Your use of the Services and these Terms shall be governed by and construed in accordance with the substantive and procedural laws of the State of Washington.
19. Information or Complaints. If you have a question or complaint regarding the Website, Products, or Service(s), please send an e-mail to info@athlemapt.com. Please note that e-mail communications will not necessarily be secure.
20. Translation. These Terms may have been translated. If the Clinic has made them available to you in any language other than English, you agree that the original English text shall prevail in the event of a conflict or ambiguity of terms.
21. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and the Clinic. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction, subject to applicable law. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” To the extent there is a conflict between the provisions in this Agreement and any Additional Terms incorporated herein by reference, the latter shall have precedence. This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and the Clinic relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. The Clinic will not be responsible for any failure to fulfill any obligation or any delay in performing any of its obligations pertaining to the Services if the delay or failure was due to any cause beyond the Clinic’s reasonable control including but not limited to severe weather, power, or other utility cut-off, natural disaster, strikes, governmental action, epidemic, pandemic, terrorism, war, civil unrest, or other similar events of “force majeure”.