Privacy Policy
By visiting and/or purchasing products and programs from www.formandfunctionpelvichealth.com, you are consenting to our terms and conditions.
OVERVIEW
The terms “we,” “us,” and “our” refer to Form and Function Pelvic Health, Inc. The term the “Site” refers to www.formandfunctionpelvichealth.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
This site provides educational material as well as information regarding beginning private occupational therapy services. All occupational therapy services provided must be in accordance with Pennsylvania Law, specifically in regard to the acquisition of the appropriate referral source and documentation before beginning occupational therapy services, namely a prescription from a qualified medical professional, including but not limited to a MD, DO, CNM, or NP. In addition, this site provides educational programs and materials in accordance with the constraints and limitations of the legal limits of the professional licensure of Occupational Therapy under the State of Pennsylvania.
Use of www.formandfunctionpelvichealth.com, including all materials presented herein and all online and in-person services provided by any employee of Form and Function Pelvic Health, Inc, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or any of its Services, you agree to these Terms and Conditions, without modification, and acknowledge having read them.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to private occupational therapy services are subject to change. Form and Function Pelvic Health, Inc. makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Form and Function Pelvic Health, Inc. disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
ACCOUNT CREATION
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Form and Function Pelvic Health, Inc. will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site or made in person with an employee of Form and Function Pelvic Health, Inc, with use of a signed agreement. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. We reserve the right to discontinue services at any time without the obligation to assign reason for doing so. Monetary refund for pre-paid services including future appointments may be refunded to the client based on the discretion of any employee of Form and Function Pelvic Health, Inc. We reserve the right to choose not to submit any refund if the client has violated any aspect of the contract or of this privacy policy.
ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning service delivery including scheduled appointments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
CANCELLATIONS, REFUNDS & RETURNS
Our Refund Policy: Prior to 14 days after purchase, all products are subject to a money-back guarantee, minus a 10% administration fee. The purchaser must email Form and Function Pelvic Health, Inc. with the reason for refund request. NO RETURNS WILL BE ACCEPTED 14 DAYS AFTER PURCHASE, INCLUDING PACKAGES FOR OCCUPATIONAL THERAPY SERVICES AT A FUTURE DATE.
PRODUCT DESCRIPTION
We endeavor to describe and display our Products, Programs, and Services as accurately as possible. While we try to be as clear as possible in explaining our Products, Programs, and Services, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to Form and Function Pelvic Health, Inc. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Form and Function Pelvic Health, Inc. remains yours to the extent that you have any legal claims therein. You agree to hold Form and Function Pelvic Health, Inc. harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Form and Function Pelvic Health, Inc., including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
CHANGED TERMS
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the site or service. Additionally, Form and Function Pelvic Health, Inc. is not liable for damages in connection with 1) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure; 2) Loss of revenue, anticipated profits, business, savings, goodwill or data; and 3) Third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, contract, tor, or any other theory of legal liability. The foregoing applies even if Form and Function Pelvic Health, Inc. has been advised or the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law.
Form and Function Pelvic Health, Inc. strives to adhere to all tenants of the AOTA and POTA practice acts, and maintains that all services administered be oriented to the fulfillment of the Pennsylvania Occupational Therapy Practice Act, as outlined below:
“The evaluation of learning and performance skills and the analysis, selection and adaptation of activities for an individual whose abilities to cope with the activities of daily living, to perform tasks normally performed at a given stage of development and to perform essential vocational tasks which are threatened or impaired by that person’s developmental deficiencies, aging process, environmental deprivation or physical, psychological, injury or illness, through specific techniques which include:
(1) Planning and implementing activity programs to improve sensory and motor functioning at the level of performance normal for the individual’s stage of development.
(2) Teaching skills, behaviors and attitudes crucial to the individual’s independent, productive and satisfying social functioning.
(3) The design, fabrication and application of splints, not to include prosthetic or orthotic devices, and the adaptation of equipment necessary to assist patients in adjusting to a potential or actual impairment and instructing in the use of such devices and equipment.
(4) Analyzing, selecting and adapting activities to maintain the individual’s optimal performance of tasks to prevent disability.”
Form and Function Pelvic Health, Inc releases all promises or guarantees that any participation in Occupational Therapy Services (or any other Product or Content related to this site) will result in the desired health improvement or other desire of any given client. Form and Function Pelvic Health, Inc and any of its employees will not be held accountable for apparent lack of improvement in any health-related task.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Form and Function Pelvic Health, Inc. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Form and Function Pelvic Health, Inc. pertaining to the Site, Products, Programs, and Services, and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Form and Function Pelvic Health, Inc. shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Form and Function Pelvic Health, Inc. All patients must sign in writing a formal Consent to Treat prior to beginning in-person Occupational Therapy Services with Form and Function Pelvic Health, Inc.
NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Bingaman Hess, Attorneys at Law, c/o Kelly Keeny
Treeview Incorate Center
Suite 100, 2 Meridian Boulevard
Wyomissing, PA 19610
and/or formandfunctionpelvichealth@gmail.com.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Pennsylvania as applied to contracts that are executed and performed entirely in the State of Pennsylvania. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be the State of Pennsylvania, USA. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Updated: October 2019
PRIVACY POLICY (CONTINUED)
Please read this Privacy Policy carefully before using this Website. It describes how we collect, use, process and distribute your information, including Personal Date (as defined below) used to access this Website.
PRIVACY POLICY CONSENT
The Website and its Content is owned by Form and Function Pelvic Health, Inc.
(“Form and Function Pelvic Health, Inc.”, “Company”, “we”, or “us”). The term “you” refers to the user or viewer of our Website.
Please read this Privacy Policy carefully. We reserve the right to change this Privacy Policy on the Website at any time without notice. Use of any information or contribution that you provide to us, or which is collected by us on or through our Website or its Content is governed by this Privacy Policy. By using our Website or its Content, you consent to this Privacy Policy, whether or not you have read it. If you do not agree with this Privacy Policy, please do not use our Website or its Content.
INFORMATION WE MAY COLLECT
We collect personal information from you so that we can provide you with a positive experience when utilizing our Website or content. We will only collect the minimum amount of information necessary for us to fulfill our obligation to you. We may collect:
A name and an email address so we can deliver our newsletter or other content to you – you would be affirmatively consenting to this by providing this to us in our contact forms.
Billing information including name, address and credit card information so that we can process payment to delivery our products and services to you under our contractual obligation.
A name and an email address if you complete our contact form with a question. We may send you marketing emails with either your consent or if we believe we have a legitimate interest to contact you based on your contact or question.
Please note that the information above (“Personal Data”) that you are giving us is voluntarily, and by you providing this information to us you are giving consent for us to use, collect and process this Personal Data. You are welcome to opt-out or request for us to delete your Personal Data at any point by contacting us as at formandfunctionpelvichealth@gmail.com.
If you choose not to provide us with certain Personal Data, you may not be able to participate in certain aspects of our Website or content.
Other Information We May Collect
ANONYMOUS DATA COLLECTION AND USE
To maintain our Website’s high quality, we may use your IP address to help diagnose problems with our server and to administer the Website by identifying which areas of the Website are most heavily used, and to display content according to your preferences. Your IP address is the number assigned to computers connected to the Internet. This is essentially “traffic data” which cannot personally identify you, but is helpful to us for marketing purposes and for improving our services. Traffic data collection does not follow a user’s activities on any other websites in any way. Anonymous traffic data may also be shared with business partners and advertisers on an aggregate basis.
USE OF “COOKIES”
We may use the standard “cookies” feature of major web browsers. We do not set any personally identifiable information in cookies, nor do we employ any data-capture mechanisms on our Website other than cookies. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on our Website and some features may not work as intended.
What We Do with Information We Collect
CONTACT YOU
We may contact you with information that you provide to us based on these lawful grounds for processing:
Consent. We may contact you if you give us your clear, unambiguous, affirmative consent to contact you.
Contract. We will contact you under our contractual obligation to deliver goods or services you purchase from us.
Legitimate Interest. We may contact you if we feel you have a legitimate interest in hearing from us.
PROCESS PAYMENTS
We will use the Personal Data you give to us in order to process your payment for the purchase of goods or services under a contract. We only use third party payment processors that take the utmost care in securing data and comply with the GDPR. We also accept personal checks.
SUBMISSION, STORAGE, SHARING AND TRANSFERRING OF PERSONAL DATA
To use our Website or its Content, we may seek personal data including your name, e-mail address, street address, city, state, billing information, or other personally identifying information (“Personal Data”), or you may offer or provide a comment, photo, image, video or any other submission to us when visiting or interacting with our Website and its Content (“Other Information”). By providing such Personal Data or Other Information to us, you grant us permission to use and store such information.
Personal Data that you provide to us is stored through by us internally or through a data management system. Your Personal Data will only be accessed by those who help to obtain, manage or store that Information, or who have a legitimate need to know such Personal Data (i.e., our hosting provider, newsletter provider, payment processors of team members).
All personal and medical information will be stored securely in accordance with the standards set out by HIPAA.
DATA RETENTION
We retain your Personal Data for the minimum amount of time necessary to provide you with the information and/or services that you requested from us. We may include certain Personal Data for longer periods of time if necessary for legal, contractual and accounting obligations.
CONFIDENTIALITY
We aim to keep the Confidential Information that you share with us confidential. Please note that we may disclose such Confidential Information if required to do so by law or in the good-faith belief that: (1) such action is necessary to protect and defend our rights or property or those of our users or licensees, (2) to act as immediately necessary in order to protect the personal safety or rights of our users or the public, (3) to investigate or respond to any real or perceived violation of this Privacy Policy or of our Disclaimer, Terms and Conditions, or any other terms of use or agreement with us, or (4) to maintain appropriate standards in accordance with HIPAA.
PASSWORDS
To use certain features of the Website or its Content, you may need a username and password. You are responsible for maintaining the confidentiality of the username and password, and you are responsible for all activities, whether by you or by others, that occur under your username or password and within your account. You agree to notify us immediately of any unauthorized or improper use of your username or password or any other breach of security. To help protect against unauthorized or improper use, make sure that you log out at the end of each session requiring your username and password.
It is your responsibility to protect your own username and password from disclosure to others. We cannot and will not be liable for any loss or damage arising from your failure to protect your username, password or account information. If you share your username or password with others, they may be able to obtain access to your personal information at your own risk.
By using our Website and its Content you agree to enter true and accurate information on the Website and its Content. If you enter a bogus email address we have the right to immediately inactivate your account.
We will use our best efforts to keep your username and password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.
HOW YOU CAN ACCESS, UPDATE OR DELETE YOUR PERSONAL DATA
You have the right to:
Request information about how your Personal Data is being used and request a copy of what Personal Data we use.
Restrict processing if you think the Personal Data is not accurate, unlawful, or no longer needed.
Rectify or erase Personal Data and receive confirmation of the rectification or erasure. (You have the “right to be forgotten”).
Withdraw your consent at any time to the processing of your Personal Data.
Lodge a complaint with a supervisory authority if you feel we are using your Personal Data unlawfully.
Receive Personal Data portability and transference to another controller without our hinderance.
Object to our use of your Personal Data.
Not be subject to an automated decision based solely on automatic processing including profiling, which legally or significantly affects you.
UNSUBSCRIBE
You may unsubscribe to our e-newsletters or updates at any time through the unsubscribe link at the footer of all e-mail communications.
We manage e-mail lists through a list management system. Unsubscribing from one list managed by us will not necessarily remove you from all publication email lists. If you have questions or are experiencing problems unsubscribing, please contact us at formandfunctionpelvichealth@gmail.com.
SECURITY
We take commercially reasonable steps to protect the Personal Data you provide to us from misuse, disclosure or unauthorized access. We only share your Personal Data with trusted third parties who use the same level of care in processing your Personal Date. That being said, we cannot guarantee that your Personal Data will always be secure due to technology or security breaches. Should there be a data breach of which we are aware, we will inform you immediately.
ANTI-SPAM POLICY
We have a no spam policy and provide you with the ability to opt-out of our communications by selecting the unsubscribe link at the footer of all emails. We have taken the necessary steps to ensure that we are compliant with the CAN-SPAM Act of 2003 by never sending out misleading information. We will not sell, rent or share your email.
THIRD PARTY WEBSITES
We may link to other websites on our Website. We have no responsibility or liability for the content and activities of any other individual, company or entity whose website or materials may be linked to our Website or its content, and thus we cannot be held liable for the privacy of the information on their website or that you voluntarily share with their website. Please review their privacy policies for guidelines as to how they respectively store, use and protect the privacy of your Personal Data.
CHILDREN’S ONLINE PRIVATE PROTECTION ACT COMPLIANCE
We do not collect any information from anyone under 18 years of age in compliance with COPPA (Children’s Online Privacy Protection Act) and the GDPR (General Data Protection Regulation of the EU). Our Website and its Content is directed to individuals who are at least 18 years old or older.
NOTIFICATION OF CHANGES
We may use your Personal Data, such as your contact information, to inform you of changes to the Website or its content, or, if requested, to send you additional information about us. We reserve the right, at our sole discretion, to change, modify or otherwise alter our Website, its content and this Privacy Policy at any time. Such changes and/or modifications shall become effective immediately upon posting our updated Privacy Policy. Please review this Privacy Policy periodically. Continued use of any information obtained through or on the Website or its content following the posting of changes and/or modifications constitute acceptance of the revised Privacy Policy. Should there be a material change to our Privacy Policy, we will contact you via email or by a prominent note on our Website.
DATA CONTROLLER AND PROCESSORS
We are the data controllers as we are collecting and using your Personal Data. We use trusted third parties as our data processors for technical and organizational purposes, including for payments and email marketing. We use reasonable efforts to make sure our data processors are GDPR-compliant.
If you have any questions about this Privacy Policy, please contact us at formandfunctionpelvichealth@gmail.com.
Last Updated: December 2020