TERMS OF SERVICE and USER AGREEMENT

Welcome to PT Mamas!  

By visiting our websites (our “Website” or “Site”) and/ or purchasing something from PT Mamas, LLC (“PT Mamas,” “us,” “our”) you agree to be bound by the following terms and conditions (“Terms of Service”, this “Agreement” or the “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of our Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of our Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any Services. This Agreement is effective upon your access and continued use of the Site or the Services and Products offered through the Site.

Any new features or tools which we may add to the Site shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

1.        OUR PRODUCTS AND SERVICES

We may offer certain consultations or physical therapy visits through our Site (the “Services”) as well as our own books, pamphlets, guides or other products or the books, guidance or other products from third parties (collectively, the “Products”).  Certain Products or Services may be available exclusively online through the Site.  

Our Products and Services address wellness for infants and children, but nothing on our Site is offered to or promoted for purchase by children.  We offer and sell our Products and Services only to adults who may purchase such items with a credit card or other permitted payment method. If you are under 18, you may use PT Mamas only with involvement of a parent or guardian. PT Mamas reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

2.        Your Account

If you use our Site and create an account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account or password.

You may not use our Site or the Products and Services offered on the Site contrary to these Term of Service or for any illegal or unauthorized purpose nor may you, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws).  A breach or violation of any of the Terms will result in an immediate termination of your Services.

3.        Purchases Made Under Your Account

You agree to provide current, complete and accurate purchase and account information for all purchases made at our Website store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

All items purchased from the Site are made pursuant to a shipment agreement. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Products and Services are sold on an “as-is” and “where-is” basis without any representation or warranty as to any particular results, which may vary on a use-by-use basis.  Products and Services are offered only on a non-refundable basis.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors, or to any other person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. Any offer for any Product or Service made on our Site is void where prohibited.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over the networks used by us.

4.        Service and Product Description

We have made every effort to display as accurately as possible the description of our Products and Services that appear at our on-line store. We cannot guarantee that that the Products and Services conform to your expectations or will generate any expected results.  We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

5.        Service and Price Modifications

Prices for Services and Products offered through our Site are subject to change without notice.  We reserve the right at any time to modify or discontinue the Services or Products (or any part or content thereof) without notice at any time.  We are not liable to you or to any third-party for any modification, price change, suspension or discontinuance of any or all of our Products or Services.

6.        Insurance and Insurance Claims

We do not accept any reimbursement from any health care insurance plan or program for the Services and Products we offer on the Site, whether by assignment or otherwise. We are not a provider for any insurance company or health care organization. PT Mamas does not file any insurance claims for any reason.

7.        Rights in Our Content

Unless otherwise indicated, all information contained on our Site, such as text, graphics, logos, button icons, images, our own books, pamphlets, audio clips, or videos are copyrighted by and proprietary to us, and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without our prior written consent.  This restriction does not apply if you make temporary copies in the RAM or a single computer or mobile device’s RAM and hard drive cache as are necessary to browse the Site.  You may also make a single copy of the content displayed on any page of the Site solely for you use for personal and noncommercial purposes which do not harm our reputation.  In any event, you agree not to remove any trademarks, copyright and any other notice contained in any or our content.

We may use third party information, photos, or videos for marketing or informational purposes about the products we sell on our Site.  Your independent commercial use of such third party information or other third party content will require that you obtain appropriate consent from the responsible third party prior to using such images or information.

Other than as expressly provided herein, you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or the Products and Services.

8.        Accuracy, Completeness and Timeliness Of Information

We make every effort to insure the accuracy of the information on our Site.  However, we are not responsible if the information on our Site is inaccurate, incomplete or not current.  Our Site provides general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on our Site is at your own risk.

We reserve the right to modify the contents of our Site at any time, but we have no obligation to do so. You agree that it is your responsibility to monitor changes to our site.

You agree that from time to time we may remove the Site for indefinite periods of time or cancel the Site or the Services at any time, without notice to you.

9.        No Professional Advice

Unless you specifically engage one of our affiliated licensed physical therapist for a scheduled in-person or telehealth encounter specific to the needs of you or your child (a “Scheduled Visit”), you recognize and agree that the content made available through our Site is for informational purposes only.  Other than for Scheduled Visits, the general consultations, information and Products available on our Site are not intended to be taken and should not in any way be construed as the advice or counseling of the practice of medicine or of physical therapy or as the creation of a therapist-patient relationship with PT Mamas.  Users should never use any PT Mamas resource in place of seeking professional advice from a licensed medical or physical therapy practitioner. We make no guarantees, promises, or predictions of success regarding any of the Services, Products or resources offered through or Site or from PT Mamas generally.

10.    OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.  You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).  We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

11.    THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.  Third-party links on our Site may direct you to third-party websites that are not affiliated with us.  We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

12.    USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, user reviews), or if you voluntarily send to us creative ideas, suggestions, proposals, plans, or other material whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

13.    PERSONAL INFORMATION

Your submission of personal information through the Site is governed by our Privacy Policy

14.    ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site or in the Products or Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Site or in the Products and Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.

15.    PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any applicable regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of our or of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, third party websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.

16.    SUSPENSION OF SERVICE

We work together with our users to keep our Site operating properly and to help safeguard our users as much as possible. Please report to us any issues, inappropriate or offensive content, and violations of our policies.

We may suspend, deactivate, limit, or cancel a user’s account and impede or restrict access to our Website if, in our sole discretion, we think that a user is causing issues, potential legal liabilities, or are acting in a manner inconsistent with the letter or spirit of our policies and these Terms of Service.  We may do this without limiting other possible remedies. We also have the ability to terminate user accounts that have no activity for a long period of time.

17.    DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

PT Mamas, its owners, officers, employees, agents and contractors do not guarantee, represent or warrant that your use of our Site, Services or Products will be uninterrupted, timely, secure or error-free, or that the results that may be obtained from the use of the Site, the Services or the Products are guaranteed in any respect.

You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all Products and Services delivered to you through the Site are (except as expressly stated by us) provided on an “as is” and “as available” basis without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall we, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Site or any Products or Services procured from our Site, or for any other claim related in any way to your use of the Service or any Product or Service obtained from the Site, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any content (or product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

18.    INDEMNIFICATION

You agree to indemnify, defend and hold PT Mamas, our owners, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable investigation expenses and attorneys’ fees, which arise out of your breach of these Terms of Service, the documents they incorporate by reference, or your use of the Site and Products and Services obtained from the Site.  Your indemnification obligation under these Terms of Service shall survive the termination of this Agreement for any reason.

19.    SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

20.    TERMINATION

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us (i) that you no longer wish to use our Site or our Products or Services obtained from the Site, or (ii) when you cease using our Site. 

Your obligations and liabilities incurred prior to the termination date shall survive the termination of this agreement for all purposes.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due to us up to and including the date of termination; and/or accordingly may deny you access to our Site (or any part thereof).

21.    ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.  These Terms of Service and any policies or operating rules posted by us on our Site or in respect to the Site, our Products and Services constitute the entire agreement and understanding between you and us and govern your use of the Site and its offerings, and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).  Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

22.    GOVERNING LAW AND VENUE

These Terms of Service and any separate agreements whereby we provide you access to the Site and the Products and Services shall be governed by and construed in accordance with the laws of the State of Georgia without regard to the conflict of laws principles of such jurisdiction.  You agree that any claim or dispute you may have against PT Mamas must be resolved by a court located in Fulton County, Georgia. You agree to submit to the personal jurisdiction of the courts located within Fulton County, Georgia for the purpose of litigating all such claims or disputes.

23.    CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.  We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

24.    CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at:

E-mail:  yourptmamas@gmail.com

Phone: 404-954-0883

Revised: July 2020