Website Terms & Conditions
If you do not agree, do not use our Website. Please read these terms carefully.
Acceptance to information collection, use, and disclosure.
Website access governed by these Terms & Conditions.
These Terms & Conditions govern your access to and use of Garvey PT & Wellness’s Website, products, data, services, and any content provided to you on, from, or through our Website, including through a social networking site or through our subsidiaries or affiliated companies. This content is collectively encompassed by references to this Website throughout these Terms & Conditions.
This Website is for informational and educational purposes only.
Our Website is not a substitute for medical advice:
If you have concerns about any medical condition, diagnosis, or treatment, please contact us directly to schedule an appointment. Always call 911 in an emergency.
Visiting our Website does not make you a Garvey PT & Wellness patient:
You acknowledge that visiting Garvey PT & Wellness’s Website does not create a provider-patient relationship between you and Garvey PT & Wellness. Your visit does not create any duty for us to follow up with you about any medical condition, diagnosis, or treatment.
This Website does not offer any information that constitutes the practice of physical therapy:
Garvey PT & Wellness’s conduct on this Website does not constitute the practice of physical therapy. The Website is offered only for educational purposes, based upon our proficiency in, knowledge of, and experience with physical therapy, and related health and wellness topics.
Do not share protected health information with us.
Because we do not store or transmit protected health information (“PHI”) through this Website, our activities as they relate to this Website and its Content do not comply with the Health Insurance Portability and Accountability Act (“HIPAA”).
This means: Do not use this Website to provide, transmit, store, or disclose any health information that constitutes PHI. Garvey PT & Wellness accepts no affirmative duty to monitor whether you provide, transmit, store, or disclose PHI while using this Website or its Content. If you violate these Terms & Conditions and share PHI through this Website, or if we become aware that you are using, providing, transmitting, storing, or disclosing PHI, we may revoke your access to the Website.
Information that is shared online may be impossible to make private again. Thus, if you use, provide, transmit, store, or disclose PHI through this Website (in violation of these Terms & Conditions) you agree to indemnify Garvey PT & Wellness against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorney fees and costs) which arise from your use, provision, transmission, storage, or disclosure of PHI.
Again, do not share PHI through our website or on our social media.
Permitted uses of our Website content.
Unless otherwise expressly stated, Garvey PT & Wellness, or its licensors, owns the entirety of the Content on this Website. The Content is protected by Wisconsin, United States, and worldwide copyright laws and treaty provisions.
Grant of limited personal license:
Except as provided above, you may not: copy, reproduce, modify, use, republish, upload, post, transmit, or distribute any of the Content, including any trademarks, names, or logos, and you may not redeliver or present any of the pages, text, images, or the Content using “framing” technology, nor systematically retrieve data, information, or the Content to create a collection, compilation, database, or directory.
Garvey PT & Wellness reserves all rights not expressly granted.
Rules for your conduct while visiting our Website.
Garvey PT & Wellness has the right, but not the obligation, to monitor all conduct on this Website. You expressly agree that you will not: deceive, harass, stalk, harm, or exploit any other users; distribute spam; collect or record information about other users; or advertise or solicit others to purchase any product or service.
This Website is not intended for children.
Our Website is intended solely for adult visitors. It is not intended or designed to attract visitors who are under the age of eighteen. If we determine that a visitor is under the age of eighteen, we will not collect personally-identifiable information about such person. If we inadvertently or accidentally encounter personally-identifiable information about a child under the age of eighteen, we will not knowingly disclose that information to any third party.
Disclaimer of limited liability and no warranty.
The information on our website IS PROVIDED on an “AS IS” basis. GARVEY PT & WELLNESS MAKES NO REPRESENTATIONS, and NO EXPRESS OR IMPLIED WARRANTIES, WITH RESPECT TO THE CONTENT, or OTHERWISE REGARDING THIS WEBSITE OR ANY WEBSITE LINKED THROUGH WWW.GARVEYPT.COM.
TO THE FULLEST EXTENT PERMITTED by LAW, Garvey PT & Wellness DISCLAIMS ALL express or implied WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT.
Garvey PT & Wellness does not warranty THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, TIMELINESS, OR AVAILABILITY OF THIS WEBSITE OR the CONTENT OF ANY website linked through www.garveypt.com.
By using this Website, you demonstrate that you assume the risk of accessing and using the information it provides. We do not guarantee the accuracy of information provided on this Website, and Garvey PT & Wellness is not responsible for any errors or omissions in the information provided.
Responsibility for website visitors’ damages or loss:
By using this Website, you agree that Garvey PT & Wellness is not responsible to you or others for any loss or damage that results from your use (or nonuse) of this Website or any linked third party’s website. These potential losses or damages include, but are not limited to: direct, indirect, special, consequential, compensatory, or incidental damage; lost profits or data; damage to your computer resulting from viruses; loss of or damage to other property; claims of third parties; or penalties resulting from copying or displaying this Website.
Garvey PT & Wellness is not responsible for these consequences, regardless of whether we have been advised or knew or should have known of the possibility of such damages or claims. Your exclusive remedy against Garvey PT & Wellness is to stop using this Website.
Without limiting the preceding paragraphs, you expressly release Garvey PT & Wellness from any responsibility and/or liability relating to your use of this Website, linked websites, or information contained in this Website or linked websites.
The information you provide through this Website.
We have the right, but not the duty, to monitor your use of this Website, including any information you provide through it. You are responsible for the information that you send, submit, or provide through our Website. You agree not to transmit information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invasive of another’s privacy, or violative of any law or confidentiality agreement.
We may or may not affirmatively monitor the information provided through this Website, but if such information is brought to our attention, we may edit, delete, modify, or ban the information, and/or take legal action against you.
Any information that you send to Garvey PT & Wellness or to its providers by email may be misdirected or intercepted by unintended recipients. Therefore, email may not be a confidential means of communication. If you have confidentiality concerns, please do not transmit any sensitive or confidential information to us via email.
For your convenience, our Website offers the option to send us an email, but it may not be secure. By using it, you agree that we are not responsible for ensuring the privacy of these emails. Further, we cannot and do not guarantee the confidentiality or security of any email transmission. If this concerns you, please use an alternate communication method.
Consent to electronic communications:
If you provide Garvey PT & Wellness with your email address, you consent to receive unencrypted and unsecured email communications from us. You agree that any notices, agreements, disclosures, or other communications that we send you via email satisfy any legal communication requirements. You also agree that we may send you our newsletter or other marketing materials.
Links to third-party websites.
This Website occasionally provides links to third-party websites. By clicking on these links, you agree that we cannot control the information presented on third-party websites and are thus not responsible if you choose to follow those links. Third-party websites are not maintained by, nor are they related to, Garvey PT & Wellness.
By clicking on such links, you agree that we are not responsible for their content, regardless of whether your access is provided by Garvey PT & Wellness or by another third party. We do not guarantee the accuracy, timeliness, or suitability of the content.
Any links that we provide to third-party websites should not be construed as endorsements of the products, services, or sponsoring organization of that linked website. Your sole and exclusive remedy for claims arising from any such third-party products or services is against that third-party. Garvey PT & Wellness is not responsible for any such claims.
Third-party websites may link to www.garveypt.com:
Garvey PT & Wellness grants third-party websites the limited right to link to this website. This limited license does not permit third-party websites to use “framing” technology to capture the Garvey PT & Wellness’s Content, and it does not permit any activity that could create a misimpression or confusion among users with respect to sponsorship or affiliation. If your website provides a link to www.garveypt.com, please notify Garvey PT & Wellness within 48 hours of placing that link. You agree to remove the link and any reference to Garvey PT & Wellness if we make such a request, and you agree to comply with such requests within 24 hours.
Submitting information through our Website.
Please do not send us any ideas, suggestions, materials, concepts, or other information (collectively “Creative Material”). However, if you violate these Terms & Conditions and send us Creative Material, then any Creative Material that you send to us will become Garvey PT & Wellness’s property. This means that we will have unrestricted use of the Creative Material for our personal and commercial purposes. Regardless of how we use that Creative Material, you will not be compensated, and we will not be liable to you or to any other person involved with developing the Creative Material.
You further agree that if you send Creative Material to Garvey PT & Wellness: you waive your rights to the Creative Material; that the Creative Material is original to you; you have the right to submit the Creative Material to us; you have no recourse against Garvey PT & Wellness for any alleged or actual infringement or misappropriation of any proprietary right in any Creative Material.
We have no obligation to maintain the confidence of any Creative Material. Garvey PT & Wellness further disclaims any liability that may result from its disclosure of any Creative Material which is submitted in violation of its policy.
Your agreement to indemnify Garvey PT & Wellness.
You agree to indemnify Garvey PT & Wellness against any damages, losses, liabilities, judgments, costs, or expenses (including reasonable attorney fees and costs) arising out of any third party’s claims that relate to your use of this Website.
Our operation of this Website.
We make all reasonable efforts to keep this Website operational and available for access, subject to scheduled maintenance, unscheduled maintenance, and systems outages. We provide no assurance or warranty that: access will always be available; service will be uninterrupted; this Website’s operation will be error-free; any defects will be corrected; or that our Website’s servers are free from viruses or other harmful components. You agree to assume the entire cost of servicing, repairing, or correcting your property as might be necessitated by your use.
Online privacy and communications.
We work to comply with all applicable laws concerning online communications privacy. However, your use of this Website signifies your acknowledgment that the internet is neither more nor less secure than other communications media, including mail, fax, and telephone services, all of which can be intercepted or otherwise compromised.
Please assume that all internet communications are non-secure and exercise caution when sharing information about your health.
Proprietary rights to this Website.
All of this Website’s Content is protected by applicable copyrights, trademarks, service marks, patents, or by other proprietary rights and laws. By using the Website, you agree not to sell, license, rent, modify, copy, distribute, reproduce, transmit, redistribute, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Content. Your use of the Content for any purpose that is not expressly permitted by these Terms & Conditions is prohibited. Reproduction, replication, or redistribution for commercial purposes of any of the Content is prohibited.
Disclaimer for visitors’ health or injuries.
Waiver of claims against Garvey PT & Wellness:
Garvey PT & Wellness is not responsible for any injuries that you sustain from participating in any of the activities described on this Website or through its Content. You waive any claim for any injury at any time against Garvey PT & Wellness, or any person or entity involved with Garvey PT & Wellness, including, without limitation, its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates, and representatives.
Physical exertion may cause injury:
Your use of the Website and its Content demonstrates 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. IN EMERGENCIES, ALWAYS CALL 911.
While our Content might suggest an exercise, equipment technique, pose, or stretch, it is your sole responsibility to ascertain if such behavior is consistent with your ability and safe for you to perform.
No warranty or guarantee of outcome:
Garvey PT & Wellness tries to provide accurate information on this Website. However, we may include testimonials and examples on this Website from persons whose health concerns are distinct from yours. These are not guarantees that you will achieve comparable results by undertaking a comparable program. Your results will depend upon your personal background, effort, overall health, medical history, providers, and many other factors that are beyond the scope contemplated by this Website. You should always share your concerns with and seek the guidance of a licensed healthcare professional familiar with your medical history.
GARVEY PT & WELLNESS DOES NOT guarantee or warranty that you will have a specific result.
Intellectual property infringement.
Garvey PT & Wellness respects intellectual property rights. If you believe that information on our Website constitutes a copyright or trademark infringement, please provide us with following information: (1) the claimed infringement; (2) reasonably sufficient information to allow us to locate the claimed infringement on the Website; (3) the owner or complaining party’s contact information, including name, address, and email address; (4) the owner’s signature; (5) a statement by the owner that the owner has a good faith belief that the use of the copyright or trademark is not authorized by the copyright or trademark owner, its agent, or the law; (6) a statement, under penalty of perjury, that the information is accurate, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
NOTE: Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
DMCA takedown notification:
Pursuant to a valid DMCA takedown notice, Garvey PT & Wellness will notify you if we have removed copyright protected material.
No assignment of Terms & Conditions.
Garvey PT & Wellness may assign or transfer these Terms & Conditions or licenses without notice. These Terms & Conditions are not transferable by you to others.
Enforcement of Terms & Conditions.
Conflicts governed by Wisconsin law:
Treatment of unenforceable provisions.
By using this Website, you agree that if any provision of this agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded. You agree that, if an unenforceable provision is modified or disregarded in accordance with this paragraph, then the rest of these Terms & Conditions will remain in effect as written. And you agree that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.
Validity of waivers of these Terms & Conditions:
Entirety of the agreement between visitors and Garvey PT & Wellness.
Amendments and modifications to these Terms & Conditions.
Pursuant to the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 C.F.R. Part 255 Sections 255.0 through 255.5, some of the links provided on Garvey PT & Wellness’s Website and other content, may be affiliated links. This means that Garvey PT & Wellness may be paid if you purchase products or services through affiliates’ links.
Garvey PT & Wellness only provides affiliated links for products or services that its principals have personally used and believe will add value to its visitors.