EDUCATIONAL PROGRAM TERMS AND CONDITIONS
TERMS & CONDITIONS FOR ACCESS TO SYNAPTIC PHYSICAL THERAPY, INC. EDUCATIONAL PROGRAMS INCLUDING THE PARKINSON’S FITNESS ACADEMY
Effective date: November 6, 2021
Synaptic Physical Therapy, Inc. and its subsidiaries and affiliates (collectively the “Company”) welcomes you. Please READ carefully. Your access and use of this Site (defined below) and Program (defined below) is subject to legally binding terms and conditions, which you accept and agree to by accessing this Site and/or Program and making the initial payment to purchase the Program. The Company may modify, amend, supplement and replace these terms and conditions at any time without advance notice. Your continued use of this Site and Program after any change means you have accepted the changed terms and conditions.
Thank you for purchasing an Educational Program (“Program”) from Synaptic Physical Therapy, Inc. All sales are final for this Program. By clicking “Buy Now,” “Complete Order,” or any other phrase on the purchase button, entering your credit card information, or otherwise rendering payment (either in-full or partial) for the Program for which these terms appear, you (“Client” and/or “Customer”) agree to be provided with the Program created by the Company and/or Theresa Najjar (“Owner”) in her capacity as Owner of the Company, and you are executing a legally binding agreement with the Company, subject to the following terms and conditions (“Agreement”):
SECTION 1. INTRODUCTION
Synaptic Physical Therapy, Inc. (“Company”) is a company incorporated in California, USA, which provides physical therapy, wellness, fitness, coaching, mentoring, consulting, and educational programs (“Services”). These Services are further defined in our Site Terms and Conditions (https://www.pdfitnessacademy.com/pages/terms). The Company has created this Program to provide the Client with information and educational materials on a specific topic. The Program is designed for educational purposes only and is not intended to provide a medical diagnosis, substitute for medical advice, or to teach medically necessary interventions such as physical therapy. The Program may include courses, webinars, e-books, materials, and lectures which may be delivered online or face-to-face in a synchronous, asynchronous, or hybrid format. The Company does not teach the user how to become a physical therapist or how to diagnose, prescribe, treat, rehabilitate, counsel, or provide medically necessary interventions. The Company is not an accredited postsecondary education institution or an institution accredited by NCAA/ISO/IEC or other 3rd party accreditors to offer personal trainer certification. The Program’s content is by no means complete or exhaustive and is not intended to represent the best or only information, methods, or skills appropriate for the situations discussed. Rather, the Program is intended to present an approach, view, statement or opinion of the Company, authors or presenters which may be helpful or of interest to you, the Client.
The material appearing on the websites www.synapticpt.com and www.pdfitnessacademy.com (the "Site"), is provided as either information about the Company's events, people, the Program or stories as a platform for online connection and community. The owner of this Site (the Company) and its directors, agents, employees and affiliates assume no responsibility or liability for any consequences resulting directly or indirectly from any action or inaction the Client takes based on the information found on or material linked to on this Site. Any information by or on the Site or inside the Program is provided for promotional or informational purposes only and is not to be relied upon as a professional opinion whatsoever. By using this Site and/or Program, the Client accepts and agrees that following any information or recommendations provided therein is at your own risk.
SECTION 2. DISCLAIMERS
A. Assumption of the Risk
If any part of the Program includes general exercise/fitness instruction and advice, the Client should know that there are risks of embarking on an exercise program, such as muscle soreness or injury. Therefore, you understand that your participation in our Program is at your own risk. Prior to participating in our Program, you accept responsibility for obtaining any necessary medical clearance from your physician or other health care providers, especially if you have any medical problems that impair or limit your ability to exercise. You agree that you are responsible for monitoring your body's response to exercise during the Program. You also agree to sit down if you feel you need to, take breaks when you feel you need to, and to perform exercises in a seated position if you are uncertain. You also agree that if you have an onset of any symptoms or pain you will stop immediately and consult your physician.
B. No Guarantees
The Company makes NO GUARANTEES about any success that the Client get from our Site or Services, such as this Program, or any of our free offers. The Client understands that the Program has been designed by the Company for general educational and informational purposes only, with the goal of teaching the Client new skills and providing the Client with awareness of the Program’s subject matter. Through the Program, the Company might provide guidance regarding skills, approaches, techniques, or business decisions, but it is ultimately the responsibility of the Client (and only the Client) to make the final decision for themselves. By using the Company’s services and purchasing this Program, the Client accepts any and all risks, foreseeable or unforeseeable, arising from such a transaction. The Client agrees that the Company will not be held liable for any damages of any kind resulting or arising from the use or misuse of the Program. Client agrees that use of this Program is at the Client’s own risk.
The Client hereby acknowledges that Client is solely responsible for the outcome of implementing any content or advice provided by the Program. Client also acknowledges that the Company cannot and does not guarantee that implementation of the Program will provide the Client with specific results. Client also agrees that Client is solely responsible for any decision Client makes and indemnifies Company from any liability regarding said decision.
Ultimately, the Company will not be responsible or make any promises for what will happen in the Client’s life and business. Even if the Client has worked with us as a Client before and achieved certain results, we make no guarantee that those results will happen again. We cannot be any more clear about this: We are here for you and want you to succeed, but we make no promises regarding results and make no guarantees whatsoever.
C. Scope of Services
The Company is not an employee, manager, lawyer, accountant, psychiatrist, psychologist, therapist, accountant, public relations manager, social media manager, doctor, counselor, business operations manager, financial analyst, business executive, or other agent of the Client’s business. The Client understands that the Program is created to help the Client learn new skills and assist Client with finding their own direction. The Program may offer guidance regarding decisions, but it is the responsibility of the Client to make the final decision and choose the best option for themselves.
This Program does not include:
- Individualized advice and feedback;
- Procuring business or potential clients for Client;
- Performing any business management services for the Client, such as accounting, operations, research, or development;
- Life coaching or therapy sessions in the form of psychotherapy, psychoanalysis, or behavioral therapy;
- Medical advice or treatment
- Rehabilitation services in the form of physical therapy, occupational therapy, or speech therapy;
- Instruction on how to diagnose, prescribe, treat, rehabilitate, counsel, or provide medically necessary interventions such as physical therapy
- Legal or financial advice;
- Publicity, public relations and/or social media marketing services;
- Introduction to Company’s professional network and business relationships
The Client hereby acknowledges that the Program is by no means complete or exhaustive and is not intended to represent the best or only information, methods, or skills appropriate for the situations discussed. Rather, the Program is intended to present an approach, view, statement or opinion of the Company, authors or presenters which may be helpful or of interest to the Client
D. Delivery of Program
This Program may be distributed by the Company either directly or through a third-party platform. The Company reserves the right to substitute services equal to or comparable to the value of the Program if reasonably required by the prevailing circumstances as determined by the Company. Access to the Program is currently through a third-party platform, Kajabi, LLC. (“Kajabi”). The Company is not liable for any limitation of access to the Program caused by Kajabi or any other third-party used to assist the Company with the delivery of this Program to Client.
SECTION 3. INTELLECTUAL PROPERTY
United States of America copyright laws protect all materials created by the Owner or Company on the Site and within the Program as original works. All materials belong to the Owner and/or the Company, including those with the absence of a registered copyright symbol. This Program and the related content shall be considered intellectual property owned by the Company. Other examples of intellectual property owned by the Company and within Company’s products include, but are not limited to: trademarks, service marks, layout, logos, business names, course/program/module names, design, text, written copy, certain images, podcast recordings, lead magnets, workbooks, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”).
B. Non-Exclusive License
If the Company provides Intellectual Property on the Site and/or within the Program that the Client can download, a revocable, non-exclusive license is granted for the Client to download copies of the materials for personal, non-commercial transitory viewing only. The Company grants only a limited, personal, non-exclusive and non-transferable license to Customer to use the Intellectual Property for the Customer’s personal use.
Nothing in this Agreement shall transfer ownership of or rights to any Intellectual Property of the Company to the Client, nor grant any right or license other than those stated in this Agreement. The Client acknowledges that their purchase of this Program is for their single individual use. The Client shall not copy, publish, reproduce, translate, transmit, transfer, modify, alter, edit, create derivative works from, sell, or share with others any products or parts of the Program without prior written consent or unless provided otherwise.
This is the grant of a license, not a transfer of title, and under this license Client shall not:
- Modify or copy the Intellectual Property;
- Use the Intellectual Property for any commercial purpose, or for any public display (commercial or non-commercial);
- Share or transfer the Intellectual Property to another person or “mirror” the materials on any other server.
If the Client is also a business owner or professional in a similar industry, the Client shall not misappropriate any of Company’s Intellectual Property and proprietary information in the following manner:
- Teaching Client’s clients/customers/audience any of the information, methods, solutions, or formulae owned by the Company and passing it off as the Client’s own;
- Copying any of Company’s Program content and/or material for the Client’s commercial use;
- Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Company in either whole or part without prior written consent.
C. Infringement of Intellectual Property
This license shall automatically and immediately terminate if the Client violates any of the restrictions regarding the Company’s Intellectual Property. Upon the Company’s suspicion that Client violates any of the above Intellectual Property restrictions, the Client’s access may be terminated by the Company at any time.
Suspicion includes, but is not limited to:
- Identification of Client content that is based off of Company’s proprietary framework;
- Identification of Client content that is almost identical and/or confusingly similar to Company’s content;
- Notice from third-party of confusingly similar content between Client and Company
Upon terminating the Client’s license, the Client must destroy any downloaded materials in the Client’s possession whether in electronic or printed format.
In the event that Company receives information that Client has misappropriated or used any of the Intellectual Property belonging to the Company, the Company reserves the right to:
- Immediately remove the Client’s access to the Program;
- Investigate the Client’s usage of the Intellectual Property, including purchasing access to Client’s content (ie. courses, programs, etc);
- Block the Client from accessing future programs or content belonging to Company;
- Recover all funds expended on investigating the Client’s infringement of the Company’s Intellectual Property, including (and especially) legal fees, administrative costs for the Company to resolve the matter, and fees spent to access Client’s material to investigate any infringement
If the Company discovers that the Client has illegally misappropriated or used any of the Intellectual Property the Client was granted access to, the Client will be blocked from any future programs, the Company will seek any extent of legal remedies, and the Client will be required to cover all legal fees necessary to enforce these rights.
SECTION 4: PROGRAM OVERVIEW
A. Course Access
Program Clients receive 12-months of unlimited access to the Program and private student community. Client access activates immediately upon enrolling in the Program, and the Company does not offer account holds beyond the 12-month program. The Company understands everyone has different learning styles and goes through the Program at their own pace.
B. Course Extension
However, if for any reason, the Client is unable to complete the program within the 12 month access period or would like to have ongoing access to the Program, the Client will have an option to opt-in for the Company’s paid course extension for the length of time selected by Client at the time of subsequent Extension checkout. (hereinafter referred to as “Extension”). Note, the additional Extension beyond the initial 12-month Program access is non-refundable and non-transferable.
C. Continuing Education Credits
If the Program is approved to provide the Client with continuing education credits, these credits will be conferred to the Client after completion of the Program, which may include passing a final assessment. If the Company or Program is approved by a specific institution (i.e. NASM, AFAA, ACE, ACSM) to provide continuing education credits to the Client, this approval often is granted to the Company or Program for a specific term. The Client understands that the Company or Program may cease providing any or all continuing education credits to the Client at any time. Please carefully review your state, province, country, or professional accrediting body’s continuing education requirements. Laws and requirements often change. It is the Client’s responsibility for interpreting those laws, licensure or certification continuing education requirements, and course relevancy.
D. Course Updates
The Company actively updates our Programs to ensure the majority of clients’ biggest roadblocks are anticipated, minimized, and addressed. Clients are automatically granted access to any updates within the Program’s core curriculum during their 12 months of access. Please note, enrolling in our Program does not grant free access to any future bonuses other than the ones promised to be offered upon the time of enrollment. However, if the Client enrolls in the Program within 30 days of a new bonus being offered to new students during enrollment, the Company will automatically grant Client access to this new Bonus free of charge.
E. Course Bonuses
At the time of purchasing and enrolling in the Program, the Client will receive access to the Program core curriculum and may also receive access to select bonuses from the Company and third-party contributors (hereinafter referred to as “Bonus Content”) as advertised at the time of Client checkout. The Client shall receive twelve months (12 months) access to the Program core curriculum as well as the Bonus Content (as advertised at the time of Client checkout) and access to the Program’s exclusive student community.
From time to time, the Company may offer additional bonuses that are designed to supplement the Program content and assist students to take their business to the next level (“Other Bonuses”). These additional Other Bonuses are optional and, as such, are offered for an additional fee to be determined at the time of the offering of the Other Bonuses. If the Client decides to purchase any Other Bonuses, the Client will receive up to twelve (12) months access to the Other Bonuses from the date of purchase. Examples of Other Bonuses include, but are not limited to: A Mini-Course, Fast-Action and/or Early-Bird Bonuses, and Pay-In-Full Bonuses.
All Other Bonuses are non-refundable and non-transferable and cannot be exchanged for another bonus. Likewise, no Bonus Content can be exchanged for any Other Bonuses.
SECTION 5. CLIENT’S RESPONSIBILITIES
The Program has been developed for educational purposes only. The Company has established this proprietary Program in order to educate and inspire the Customer to pursue their personal goals. However, the Customer hereby acknowledges that Company does not guarantee the Customer’s goals, whatever the goals may be, will be reached by completing and implementing the information, advice and techniques in the Program. The Customer accepts and agrees that the Customer is 100% responsible for their results from the Program. The Customer acknowledges that, as with any investment, there is an inherent associated risk. As such, the Customer agrees there is no guarantee that the Customer will attain their goals by simply completing the Program.
Nevertheless, Customer acknowledges that he/she can optimize her potential results from the Program by adhering to the following:
- Completion of all Program material, including assignments, assessments, and worksheets
- Utilization of the Program’s private student community
- Taking 100% responsibility for the Customer’s results, 100% of the time.
SECTION 6. INDEMNIFICATION
A. Limitation of Liability and Indemnity
As a condition of your use of the Site and/or Program, the Client hereby indemnifies the Company and its directors, agents, employees, and affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting or arising from your use of this Site and/or Program. In no event shall the Company or its agents be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to view or use the materials or content on the Site and/or Program, even if the Company has been notified orally or in writing of the possibility of such damage.
B. Client Decisions
The Client hereby acknowledges that the Company is not liable for any injuries that may arise from the Client’s actions, omissions, or decisions based off the Client’s participation in this Program or use of this Program, including but not limited to: a decision to leave a job, a decision to invest in an opportunity, a decision to start a business, any of the Client’s business decisions, any of the Client’s financial decisions. The Client hereby agrees to indemnify and hold harmless the Company of any claims that may arise after use of this Program.
C. Links to Third Party Websites
This Site or Program may contain links to third-party websites. Any linked sites, materials, and pages are not under the control of the Company. The Company is not responsible for the content contained in any related website, nor for any losses or damages the Client may incur due to the use of any such website. The Company accepts no liability for any errors or omissions contained in third-party websites. The Company provides these links to improve the Client’s use of the Program, enable the Client to connect with the Company and Owner on various platforms, and help Company offer the most accessible services for the Client and conduct transactions.
SECTION 7. CONFIDENTIALITY
A. Confidential Information & Non-Disclosure
The Company takes pride in its proprietary information included in each Program. As such, the Client agrees and acknowledges all Confidential Information shared through this Program and by the Company is confidential, proprietary, and belongs exclusively to the Company.
“Confidential Information” includes, but is not limited to:
- Any systems, guidelines, frameworks, sequences, processes or steps shared with the Client;
- Any information disclosed in association with this Agreement;
- Any systems, guidelines, frameworks, sequences, processes, or trade secrets in connection with the Program or theCompany’s business practices.
The Company also agrees to protect the Client’s personally identifiable information. However, from time to time, the Company may use general statements about the Client’s success for testimonials as part of Company’s marketing strategy. By agreeing to these Terms, the Client agrees to allow the Company to share the Client’s success stories as testimonials in any matter across any media at the sole discretion of the Company.
By signing up for the Program, the Client grants the Company permission to use any testimonials in our marketing materials and/or any promotional efforts. This includes but is not limited to unofficial testimonials, words of praise via Instagram or other social media platforms, public posts or posts inside our student communities/groups, and direct messages with the Company and/or Owner. The Company will blur last names on screenshots used, and you understand that all confidentiality provisions apply and that testimonials are the only exception to our confidentiality obligations.
The Client agrees, during and/or after use of the Program, to refrain from making any statements, whether oral or in writing, that negatively impact the Company’s program, business, services, products, or reputation.
SECTION 8. PAYMENTS
Upon execution of this Agreement, the Client agrees to pay to the Company the full purchase amount for the Program at the time of checkout. The Client authorizes the Company to charge the credit card or account used at checkout to complete all payment(s) and Client does not require separate authorization for each payment.
B. Payment Default
If any payments fail, the Client agrees to remedy the situation immediately (ie. update the Client’s payment information, provide a new credit card, and/or make all past-due payments within 7 business days) or else the Client forfeits their right to access the Program. In the event that a payment is not made, the Company will temporarily suspend access until the payment(s) is caught up.
The Client shall not threaten or make any chargebacks to the Company’s account or cancel the credit card that is provided as security without the Company’s prior written consent. The Company reserves the right to collect any and all monies owed by the Client to the Company for the Program, by any means necessary within the parameters of the law. The Client shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. In the event of a chargeback, the Company reserves the right to report the incident to credit reporting agencies as a delinquent account.
D. Blocklist and Disputed Payments
The Company retains the right to ‘Blocklist’ the Client from accessing all materials, courses, or other products or services Company offers in the event that the Client does not pay the Client’s outstanding balance, dispute Client’s payments, or if the Client misappropriates any of the Company’s Intellectual Property.
The Client will be removed from the blocklist under the sole discretion of the Company under the conditions that: (1) the outstanding balance has been paid in full and (2) the Client will not be eligible for a refund for the remainder of their course access.
In the event that the Client wants to regain access to the Company’s Program or other content after disputing a payment(s), the Client agrees to pay the transaction fee (ie. charged by third-party Stripe) for each payment previously disputed.
E. Foreign Fees
The Company will not be held accountable for any foreign transaction fees charged by Client’s bank.
SECTION 9. REFUND POLICY
All sales are Final for this course. Due to the inherent nature of Educational Programs and the electronic transmission of the same, there are no refunds. It is the Client’s responsibility to ensure the course is the right fit for them and to carefully review our sales page and terms and conditions before purchasing, using, or accessing any of our products and Program. Please note, we do not offer partial refunds for our Program and our exclusive optional paid bonuses and course extensions are non-refundable under any circumstances.
SECTION 10. MISCELLANEOUS
A. Entire Agreement
These terms and conditions and any other legal notices, policies and guidelines of the Company linked to these terms and conditions or contained on this Site constitutes the entire Agreement between the Client and the Company relating to the Client’s use of this Site and/or Program and supersedes any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. This Agreement may not be amended or modified except by the Company
B. Headings & Severability
Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.
D. Governing Law
The Company is located in the state of California in the United States of America and is subject to the applicable laws governing the United States of America. The governing law for this agreement is the laws of California, USA.
E. Maximum Damages
The Client agrees and acknowledges that the maximum amount of damages that the Client may be entitled to in any claim arising from this Agreement or Program shall not exceed the total cost of the Program.
The Client agrees to accept the above Agreement in its entirety when the Customer selects and confirms “I agree to the Terms & Conditions” at the Program checkout page and by rendering first payment.