Terms Of Service
Please read these terms of service very carefully before using the Fearless Functional Fitness, LLC dba Hays County Physical Therapy & Wellness’ (“Hays County PT”) website or registering for a Membership (as defined below) or any Service (as defined below). These terms of service (“Agreement”) govern you accessing and using Hays County PT’s and its affiliate’s web sites located at https://hayscountypt.com/ and any Memberships or Services, made available through such sites. This Agreement between you (“you”) and Hays County PT, is subject to change by us as described below. By utilizing the website or clicking the “Complete Order” button when registering for a Membership or any Service, you (i) accept this Agreement; (ii) agree to be bound by these terms and conditions; and (iii) have entered into a binding agreement between you and Hays County PT. If you are acting on behalf of a company or legal entity, you confirm that you have the requisite authority, power and right to bind that the company or other legal entity. In that case, “You” and “Your” will refer to that company or other legal entity. If you (or, if relevant, your company) do not agree to all of these terms (or if you do not have the right to bind your company), you are not permitted to access or use any application or service, and you should not proceed further.
1. This web site (the “Site”) is owned and operated by Hays County PT. The Site and its content (“Content”), any Memberships (“Membership”), and any classes, physical therapy, massage therapy or other services (collectively the “Service(s)”) may only be accessed in accordance with this Agreement. Any violation of the copyright in the Content or these terms and conditions may be enforced by Hays County PT or the copyright owner to the fullest extent allowed by law.
2. You acknowledge that the mobile service provider for any mobile device on which you access or use the Site may charge for internet access (including data usage) on that device.
3. Nothing on this Site constitutes medical advice. This Site’s content is provided for informational and educational purposes only. This includes the entirety of the website (including text, images, videos, and blogs), Hays County PT social media (as it is defined in this website’s privacy policy), and any information obtained from Hays County PT 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 Site. If you have concerns about any medical condition, diagnosis, or treatment, you should personally consult with a licensed healthcare provider. In case of medical emergency, you should call 911 immediately.
4. This website does not create or constitute a provider-patient relationship between you and Hays County PT. 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 Hays County PT. Your use does not create any duty for Hays County PT to follow up with you about any medical condition, diagnosis, or treatment.
5. This Site does not provide physical therapy services. Nothing on this Site or in the Content is intended to and does not constitute the practice of physical therapy. The Site and the Content are for educational purposes only based upon Hays County PT’s proficiency in, knowledge of, and experience with the subject matter of the Site and the Content
6. Do not provide protected health information to us. Although Hays County PT takes the confidentiality of its visitors and clients seriously as described in the privacy policy, Hays County PT’s activities as it relates to this Site, the Content, and the Service 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 Site. Hays County PT accepts no affirmative duty to learn whether you provide, transmit, store, or disclose PHI while using this Site, the Content, or the Service but if Hays County PT has actual knowledge that you are using, providing, transmitting, storing, or disclosing PHI it may revoke your access to the Site, the Content and the Service. If you use, provide, transmit, store, or disclose PHI in connection with this Site, the Content, or the Service, you agree to indemnify Hays County PT 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.
7. Health disclaimer. You agree that Hays County PT is not responsible for any injuries that you sustain from participation in any of the activities depicted on the on the Site or through the Content or the Service. You expressly waive any claim for any injury at any time against Hays County PT, or any person or entity involved with Hays County PT, including, without limitation, its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates, and representatives. Your use of the Site, the Content, and/or the Service 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. Hays County PT may suggest a particular technique, use of equipment, pose, move, or instruction, but it is your sole responsibilities to ascertain if such technique, use of equipment, pose, move, or instruction is consistent with your ability and safe for you to do.
8. No warranty or guarantee of outcome. Hays County PT has made efforts to provide accurate information on the Site, the Content, and in the Service. But any testimonial or example on the Site or in the Content or the Service does not guarantee that you will receive similar results. Your results will depend on your background, effort, overall health, motivation, desire, and many other factors that are beyond the scope of the Site, the Content, or the Service. Hays County PT makes no guarantee and no warranty that you will have any specific result.
9. You must register for an account to use the Services. You must provide Hays County PT with accurate, complete and up-to-date information, including your name, and, full contact information when registering. You are responsible for the information you provide and must promptly inform Hays County PT of any changes to this information.
10. You must treat your username and password as confidential and must not provide it to anyone else. You are responsible for all activities that occur under your account and must notify Hays County PT immediately of any unauthorized use of which you become aware. We reserve the right to disable any password at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement or if any details you provide for the purposes of registering as a user prove to be false.
11. You must immediately stop using and delete your password from any of your records upon termination of your account, for whatever reason.
12. Memberships are by subscription only. The subscription policies you see when you subscribe for a Membership are part of this Agreement. Each of the available subscriptions will require you to pay a fee, the amount of which will be as set out on the Site or in a separate agreement with Hays County PT (“Membership Fee”). The Membership Fee you pay gives you access to the level of Services requested by you from the options indicated on the Site or in a separate agreement with Hays County PT. Additional Membership Terms are located here – https://hayscountypt.com/Membership.
13. With respect to the Services, Hays County PT, or its third-party payment processor (“Payment Processor”), will bill any Services fees through an online account (your “Billing Account”). You authorize Hays County PT, or its Payment Processor, to charge your chosen payment provider (your “Payment Method”) for the Services fees and you agree to make payment using that selected Payment Method. Hays County PT, or its Payment Processor, may correct any billing errors or mistakes that it makes even if it has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. Your payment is subject to validation by such Payment Method, and we are not responsible if your Payment Method declines to authorize payment for any reason. It is possible that your Payment Method may charge you an online handling fee or processing fee. Neither Hays County PT, nor its Payment Processor, is responsible for this. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Hays County PT may in its discretion terminate your account immediately. In such event, if the Hays County PT successfully disputes the reversal, and the reversed funds are returned, you will not be entitled to a refund or to have your account or subscription reinstated.
14. You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify Hays County PT, or its Payment Processor, if your Payment Method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). If you fail to provide Hays County PT, or its Payment Processor, any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you authorize Hays County PT, or its Payment Processor, to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer. You also authorize Hays County PT or its Payment Processor, to update your Payment Method to include any credit or debit card or other payment method provided by you to purchase any feature or service throughout your use of the Applications or Services when automatically renewing your account.
15. Hays County PT’s current Payment Processor is Square, and your payments are processed by Square in accordance with Square’s Terms of Service and Privacy Policy. Hays County PT does not control and is not liable for the security or performance of the Payment Processor.
16. Hays County PT shall own all right, title, and interest in Site and its Content, or any other Hays County PT materials, subject to any limitations associated with intellectual property rights of third parties. Hays County PT reserves all rights not specifically granted herein. You irrevocably acknowledge that, subject to the licenses granted herein, you have no ownership interest in the Site and its Content, the Applications and the Services, or any other Hays County PT material.
17. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the Content. The delivery of, and license to, the Content and/or access to third party materials does not transfer to you any commercial or promotional use rights in the Content or any portion thereof. Any use of Content, or descriptions; any derivative use of this Site or its materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of the Site, or any materials contained therein.
18. While Hays County PT uses reasonable efforts to include accurate and up-to-date information on the Site, Hays County PT makes no warranties or representations as to its accuracy. Hays County PT assumes no liability or responsibility for any errors or representations in the Content or this Site
19. The Site may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that Hays County PT is not responsible for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites.
20. You are solely responsible for your conduct and any content that you submit, post, and display on the Site. You may not post materials or content that contains any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party. You acknowledge that by accessing the Site, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that Hays County PT shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material. You agree to not impersonate any person or communicate under a false name or a name the user is not entitled or authorized to use. Hays County PT has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site, including content that has been posted by users.
21. At your discretion, you may provide feedback to Hays County PT concerning the functionality and performance of the Site the Services from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggests any Feedback, you hereby assign the ownership in all Feedback to Hays County PT. In the event ownership in the Feedback cannot be granted to Hays County PT, you grant Hays County PT at no charge a perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction. You agree that Hays County PT may disclose that Feedback to any third party in any manner and you agree that Hays County PT has the ability to sublicense all Feedback in any form to any third party without restriction.
22. Hays County PT may, in its sole discretion, modify or update this Agreement from time to time, so you should review this page periodically. When Hays County PT materially changes this Agreement, Hays County PT will update the ‘Last Updated’ date at the top of this page and, if you have signed up for any Services or a Membership, will notify you that material changes have been made to this Agreement. Any such changes will become effective no earlier than thirty (30) days after they are posted, except that changes made for legal compliance reasons will be effective immediately. Your continued use of the Hays County PT Site or Services after the date any such change become effective constitutes your acceptance of this Agreement, as updated. If you do not agree to any of these terms or any future terms, you may not use or access the Hays County PT Site or Services. Notices to Hays County PT shall be made to the attention of the “Notices” and sent via mail to324 Riverwalk Dr STE 312, San Marcos, TX 78666, with a copy sent via email to wellness@hayscountypt.com
23. You shall not transmit to Hays County PT or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
24. You may not use your username and password for any unauthorized purpose.
25. Hays County PT may retain and use, all aggregate and statistical information collected in your use of the Site, or the Services, provided such information does not individually identify you. Hays County PT may collect, use and share your personal information in accordance with its Privacy Policy.
26. Hays County PT does not knowingly collect any information from anyone who we know to be under the age of 13. If you are under the age of 18, you should use this website only with the involvement of a parent or guardian and should not submit any personal information to Hays County PT. If Hays County PT discovers that a person under the age of 13 has provided Hays County PT with any personal information, Hays County PT will use commercially reasonable efforts to delete such person’s personal information from all Hays County PT systems.
27. By using this Site, you signify your assent to these terms of use and agree to comply with all applicable laws and regulations, including copyright laws and other laws regarding intellectual property. If you do not agree to these terms of use, please do not use the Site.
28. THE CONTENT ON THIS SITE AND THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, HAYS COUNTY PT SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR YOUR USE OF THE SITE, OR ANY CONTENT OR MATERIALS POSTED ON THE SITE. HAYS COUNTY PT MAKES NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE SITE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, HAYS COUNTY PT DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE SITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. HAYS COUNTY PT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, INCLUDING INTERNET CONGESTION, VIRUS ATTACKS, AND DENIAL OF SERVICE (DOS) ATTACKS.
29. LIMITATION OF LIABILITY WITH RESPECT TO YOUR USE OF THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL HAYS COUNTY PT OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE SITE, OR THE MATERIALS ON THIS SITE, EVEN IF HAYS COUNTY PT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. HAYS COUNTY PT’S AND ITS LICENSORS’ ENTIRE AND AGGREGATE LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED $100, EVEN IF HAYS COUNTY PT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IF YOUR USE OF THE SITE, OR MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
30. LIMITATION OF LIABILITY FOR YOUR USE OF THE SERVICE
WITH RESPECT TO YOUR USE OF ANY FACILITIES AND/OR SERVICES PROVIDED BY HAYS COUNTY PT, TO THE GREATEST EXTENT ALLOWED BY LAW, HAYS COUNTY PT AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, INDEMNITY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, ATTORNEY’S FEES, OR OTHER THEORY: (A) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) FOR ANY MATTER BEYOND HAYS COUNTY PT’S REASONABLE CONTROL; OR (C) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY YOU TO HAYS COUNTY PT FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT HAYS COUNTY PT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF APPLICABLE LAW LIMITS THE APPLICATION OF THIS SECTION 30, HAYS COUNTY PT ‘S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMISSIBLE.
31. You shall not assign or transfer this Agreement without the prior written consent of Hays County PT. Any attempt to assign or transfer this Agreement by you shall be void.
32. The laws of the State of Texas, excluding its conflicts of law rules, govern this Agreement and your use of the Site. Notwithstanding the foregoing, the Arbitration Agreement hereinbelow shall be governed by the Federal Arbitration Act.
33. Hays County PT shall not be liable to you for any delay or failure of Hays County PT to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of Hays County PT. Such causes shall include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, labor strike, or delays by you in performing any requirements hereunder.
34. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms.
35. Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed, if need be, to apply to the maximum extent allowable under applicable law.
36. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy.
37. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement.
38. The section headings used herein are for convenience only and shall not be given any legal import.
39. Arbitration Agreement. Any dispute, controversy or claim arising under, out of or relating to this Agreement and any subsequent amendments of this Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules. The place of arbitration shall be San Marcos, Texas. The language to be used in the arbitral proceedings shall be English. The Parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief as necessary, without breach of this Section and without abridgment of the powers of the arbitrator. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the Parties and may be entered in any court of competent jurisdiction. You agree to the entry of injunctive relief to stop any lawsuit or to remove you as a participant in such a suit. By using the Site in any manner, you agree to this arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Hays County PT. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent covenant. You may opt-out of this Section by providing written notice of your decision within thirty (30) days of the date that you first use the Licensed Application.
All claims arising out of or relating to this Agreement, to the Services, or to your relationship with Hays County PT that, for whatever reason, are not submitted to arbitration will be litigated exclusively in the federal or state courts of Hays County, San Marcos, Texas, U.S.A. You and Hays County PT consent to the exercise of personal jurisdiction of such courts in the State of Texas and waive any claim that such courts constitute an inconvenient forum.
40. This Agreement, and any agreements referenced herein, shall constitute the entire agreement, between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto.
Last Updated March 24, 2022