Terms of Service
Last Updated: October 21, 2019
Please read these Terms of Service (“Terms”) prior to using BodyAlignPro.com, its associated app or underlying software (collectively, “Body Align Pro ® ”). These Terms constitute a legally binding agreement between you, as a User of Body Align Pro ® , and Body Align Pro LLC concerning your access and use of Body Align Pro ® . In order to use Body Align Pro ® , you must accept all of the terms and conditions of this Terms. Nothing in these Terms shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the terms of this Terms, you should not use or access Body Align Pro ® services and request that you or your provider not use it in connection with your treatment. Body Align Pro LLC reserves the right to modify these Terms at any time, and without prior notice, by posting amended terms on this website at this URL, https://bodyalignpro.com/terms-of-service/, which will be linked under Terms of Service on the BodyAlignPro.com homepage and also accessible via the app. Your continued use of Body Align Pro ® indicates your acceptance of the amended Terms and any supplemental terms or documents.
Eligibility: Body Align Pro ® is a tool for health and medical professionals and their patients. The site and app are intended to produce reference, educational, and analysis tools and references for professional interpretation by health and medical professionals, and do not constitute medical advice. By registering on Body Align Pro ® , you represent, warrant and covenant that you accept and will abide by its Terms. Your consent for services with your physical therapy professional shall constitute you or your guardian’s consent and authorization for your health and medical professional to use this tool. Body Align Pro ® is not designed for, or intentionally targeted at, children 13 years of age or younger, and does not intentionally collect or maintain information about anyone under the age of 13. Professionals should not use Body Align Pro ® for patients under the age of 13.
Right of Use: Your right to use Body Align Pro ® is subject to subscription. A free plan with limited storage space is offered for evaluation; additional storage and accounts are available at subscription levels, terms and prices provided by Body Align Pro LLC. Subscriptions start as soon as payment is confirmed, and will be auto-renewed for subsequent terms unless the subscription is canceled at least 24-hours prior to the auto- renew date. Body Align Pro LLC may alter, suspend or discontinue any aspect of its service at any time, including the availability of any feature, database or content. Body Align Pro LLC may also impose limits on certain features and aspects or suspend or restrict access of individual users or IP addresses to parts or all of Body Align Pro ® without notice or liability. Body Align Pro LLC also has the right to terminate memberships at any time without warning for violations or abuse of its policies, or misuse of its website. If a membership is terminated for breach of these Terms, or website misuse, the terminated member shall not be entitled to a refund of any unused portion of subscription fees, and these Terms shall continue to be in full force and effect.
Password and Account Confidentiality: Users are entirely responsible for maintaining the confidentiality of their passwords, and are solely and fully responsible for any and all activities that occur using their account. Users agree not to use the account, username, or password of another User at any time or to disclose passwords to third parties. Users agree to notify Body Align Pro ® administrators, via the contact link provided, immediately of unauthorized use of an account.
Use Limitations:Illegal and/or unauthorized use of Body Align Pro ® , including collecting User data by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of the Body Align Pro ® website is prohibited. Commercial advertisements, affiliate links, commercial solicitations sent via Body Align Pro® and other forms of solicitation are also prohibited, may be removed from User profiles without notice and may result in termination of the health or medical professional subscription. Use of software, devices, or other processes to crawl or “spider” any webpages contained in the Body Align Pro ® website is strictly prohibited. Users agree not to monitor or copy, or allow others to monitor or copy, Body Align Pro ® webpages or the content included herein, and agree not to frame or otherwise simulate the appearance or function of Body Align Pro ® . Users further agree not to take any action that interferes with the proper working of, or places an unreasonable load on, Body Align Pro ® infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.
User Content: Users that post content to Body Align Pro ® , including personal profile information and photographs, represent and warrant that all such content is owned by the User or that User otherwise has the right to post the content to Body Align Pro ® . Users also agree not to post content that is unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable, and further agree not to use Body Align Pro ® for other than its intended purpose. Users further represent and warrant that the posting of content does not violate privacy rights, publicity rights, copyrights, contract rights or any other rights. Users agree to pay for all royalties, fees, and any other monies owing any person by reason of any content posted by the member on Body Align Pro ® . Users recognize and acknowledge that by posting materials on Body Align Pro ® , you are granting to Body Align Pro LLC a royalty-free license to use, store and manipulate this information in the course of offering Body Align Pro ® services to Users, including to both the therapist and patient. Body Align Pro LLC retains the right to reformat, excerpt, or translate any materials submitted for the express purpose of providing the services. All information posted on Body Align Pro ® is the sole responsibility of the person from which such content originated and Body Align Pro LLC will not be liable for any errors, omissions or falsehoods in any content. Users also agree to comply with all applicable local laws, rules and regulations, including but not limited to rules regarding online conduct and acceptable content and all applicable laws regarding the transmission of technical data exported from the United States or the country in which the user resides. Body Align Pro ® may delete any content that, in its the sole judgment, violates these Terms or which may be offensive, illegal or violate the rights or threaten the safety of any person. Body Align Pro LLC assumes no responsibility for monitoring content sent via Body Align Pro ® .
HIPAA Compliance: HIPAA (Health Insurance Portability and Accountability Act of 1996) requires businesses that process, store or transmit electronic protected health information (ePHI or PHI) to comply with strict administrative, physical and technical safeguards. Body Align Pro ® complies with HIPAA regulations by encrypting all User data and practitioner notes to standards that meet or exceed the HIPAA Security Rule. To ensure compliance with HIPAA Security Rule standards, Body Align Pro ® does not allow information from the app to be exported. Users understand and agree that any screenshots or copies of User data created by Users before or after entry into the Body Align Pro ® app are separate works. Body Align Pro LLC strongly discourages copies of such data. Body Align Pro LLC is neither responsible for, or able to maintain the security of, such works created by Users, which are owned by the User. Users understand that no transmission of data over the internet or a wireless network can be guaranteed to be completely secure, and Body Align Pro LLC assumes no responsibility for data during transmission from Users to Body Align Pro ® servers.
Release Form Exception: Certain User data, including, without limitation, photos and videos documenting progress and results, may be subject to a separate release form signed by User. Such release agreement will govern the use of such data, which shall not be subject to these terms or HIPAA confidentiality. All User account information and data will be deleted from Body Align Pro ® sixty days after deletion or cancellation by User; should User reinstate the account during this grace period, the sixty-day polling period shall reset.
Intellectual Property: Body Align Pro ® and its logo are trademarks of Body Align Pro LLC. Users agree not to post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Body Align Pro LLC without obtaining the prior written consent of the owner of such proprietary rights. Users further agree not to copy, decompile, reverse engineer, re-create or otherwise replicate Body Align Pro ® or its underlying intellectual property. Should Body Align Pro ® be found to be infringing any intellectual property that impairs its service, certain code may be rewritten or licensed; in any instance, User damages will be limited to subscription fees paid in the prior thirty days. Body Align Pro LLC will remove any content that infringes the copyright rights of others upon receipt of proper notification by the copyright owner. If you believe that your work has been copied and posted on Body Align Pro ® in a manner that constitutes copyright infringement, please provide our Copyright Agent a signed declaration with the following information: (i) a description of the copyrighted work that you claim has been infringed; (ii) a description of where the material that you claim is infringing is located on the Body Align Pro ® website; (iii) your address, telephone number, and email address; (iv) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement made under penalty of perjury that the foregoing information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Body Align Pro LLC's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Body Align Pro LLC, 1333 De La Vina St, Ste E; Santa Barbara CA 93101.
Disclaimers: Users agree to indemnify and otherwise hold harmless Body Align Pro LLC, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from use of Body Align Pro ® , use of its materials or any other matter related to Body Align Pro ® . Body Align Pro LLC does not guarantee or warrant any specific results from use of Body Align Pro ® , and is not responsible for any incorrect or inaccurate content posted on Body Align Pro ® , the interpretation, misinterpretation, use or misuse of data by health or medical professionals or their patients, or any other services provided in connection with Body Align Pro ® . Body Align Pro LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication via its website, nor is it responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of Body Align Pro® services or combination thereof, including any injury or damage to any computer related to or resulting from participation or downloading materials. Under no circumstances shall Body Align Pro LLC be responsible for any loss or damage, including personal injury or death, resulting from use of Body Align Pro ® , from any content posted on or through the Body Align Pro ® , whether online or offline. Body Align Pro ® provides services "as is" and as available and expressly disclaims any warranty of merchantability, fitness for a particular purpose or non-infringement. IN NO EVENT SHALL BODY ALIGN PRO LLC BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF BODY ALIGN PRO LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF BODY ALIGN PRO LLC FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY THE USER TO BODY ALIGN PRO LLC FOR BODY ALIGN PRO® DURING THE TWELVE MONTHS PRIOR TO THE DAMAGE.
This Terms shall be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws principles, and users agree that any disputes arising shall be subject to arbitration, with the arbitrator selected by Body Align Pro LLC, and that such arbitration shall take place in California.
The User Terms constitutes the entire agreement between you and Body Align Pro LLC and governs your use of Body Align Pro ® , superseding any prior agreements between you and Body Align Pro LLC concerning Body Align Pro ® , apart from subscription terms, which are hereby incorporated by reference. The section titles of this User Terms are for convenience and have no legal effect. Except as expressly provided, there shall be no third-party beneficiaries to this Terms.
BY MY USE OF BODY ALIGN PRO ® , I CERTIFY THAT I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.