Disclaimers & Acknowledgement of Intellectual Property

Disclaimers & Acknowledgement of Intellectual Property

Breathe Function Thrive PLLC dba Cynthia Peterson PT PLLC
Disclaimer & Acknowledgement of Intellectual Property

Last Modified as of July 6, 2022

PLEASE READ THESE DISCLAIMER & ACKNOWLEDGEMENT OF INTELLECTUAL PROPERTY CAREFULLY

By accessing or using this site, you agree to be contractually bound by these Disclaimer & Acknowledgement of Intellectual Property.

OVERVIEW

The terms “we,” “us,” and “our” refer to Breathe Function Thrive PLLC dba Cynthia Peterson PT PLLC as the “Company.” The term the “Site” refers to www.cynthiapetersonpt.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the Site.

The term “Service” is defined as information and inspiration given via any and all forms of communication, media and Materials (the “Materials”) found on the Site. The Site may also sell digital and physical products to help further entertain, educate, inspire, and/or provide resources. A Disclaimer and Acknowledgement of Intellectual Property are included in this agreement.

Use of www.cynthiapetersonpt.com, including all Materials presented is subject to the following Disclaimer and Acknowledgement of Intellectual Property and applies to all site visitors, customers, and all other users of the Site and Materials.

1. Terms, Acceptance and Agreement to be Bound

By accessing this Site, you are agreeing to be bound by this Disclaimer and Acknowledgement of Intellectual Property, which you may not modify. You acknowledge reading them. You agree to comply with all applicable laws and regulations and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms in this agreement, you are prohibited from using or accessing this Site.

2. Intellectual Property

The Site’s Service and Materials are protected by U.S. and international copyright and trademark laws. THE COMPANY RETAINS ALL OWNERSHIP AND ALL OTHER RIGHTS in the Materials and any and all Company logos and trademarks used in connection with the Service. YOU AGREE THAT YOU WILL NOT COPY, SHARE, REPRODUCE, MODIFY, CREATE DERIVATIVES, USE, REPUBLISH, REDISTRIBUTE, UPLOAD, POST, PERFORM, TRANSMIT, CIRCULATE OR DISTRIBUTE ANY OF THE CONTENT, INCLUDING ANY TRADEMARKS, NAMES, LOGOS, PHOTOS, PAGES, TEXT, IMAGES, PROCESSES, PROCEDURES, TECHNIQUES, OR THE CONTENT USING “FRAMING” TECHNOLOGY, NOR SYSTEMATICALLY RETRIEVE DATA, INFORMATION, OR THE CONTENT TO CREATE A COLLECTION, COMPILATION, DATABASE, OR DIRECTORY. AND THAT ALL RIGHTS NOT EXPRESSLY GRANTED ARE RESERVED TO THE COMPANY AND YOU EXPLICITLY UNDERSTAND THAT ANY VIOLATIONS OF THIS AGREEMENT WOULD BE INJURIOUS TO THE COMPANY. YOU ALSO EXPLICITLY UNDERSTAND THAT HAVING REVIEWED, SEEN, AND/OR STUDIED THIS CONTENT OR MATERIALS PROVIDED DOES NOT ESTABLISH THE EXPERTISE TO TEACH OR TREAT OTHERS.

Written permission is required to record the Materials in any manner including but not limited to screen shots, audio or video, photograph or copying of any treatments, handouts, or other information in any manner. For all recording, reproduction, training and licensing permissions contact the Company at CynthiaPetersonPT@gmail.com.

3. Disclaimer

THE MATERIALS ON WWW.CynthiaPetersonPT.com ARE PROVIDED “AS IS.” THE COMPANY MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HERBY DISCLAIMS AND NEGATES ANY AND ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION CONCERNING THE COMPLETENESS, ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE MATERIALS ON ITS SITE OR ANY SITES LINKED TO THIS SITE.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH WWW.CynthiaPetersonPT.COM IS ACQUIRED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEROF AND ANY DAMAGES TO YOUR DEVICES OR SYSTEMS, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

IN NO EVENT WILL THE COMPANY OR THEIR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DAMAGE OF ANY KIND BE THEY DIRECT OR INDIRECT.

THE INFORMATION FROM THE COMPANY (INCLUDING BUT NOT LIMITED TO FORMS, CREATIVE MATERIALS, E-COURSE, HANDOUTS, SOCIAL PLATFORMS, ETC) IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE A MEDICAL DIAGNOSIS OR AS A SUBSTITUTE FOR MEDICAL ADVICE. THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES THAT THE INFORMATION OR EXERCISES ARE APPROPRIATE FOR YOU OR WILL RESULT IN IMPROVEMENT OF YOUR MEDICAL CONDITION OR FUNCTION. THE ENTIRE CONTENTS OF THE MATERIALS, INCLUDING COURSES, ARE BASED UPON THE OPINIONS AND EXPERIENCE OF THE COMPANY, CONTRACTORS, AND AFFILIATES. THE INFORMATION DOES NOT REPLACE A ONE-ON-ONE CONSULATION AND RELATIONSHIP WITH QUALIFIED HEALTH CARE PROFESSIONALS AND IS NOT INTENDED AS MEDICAL ADVICE. IT IS INTENDED AS A SHARING OF INORMATION, KNOWLEDGE AND EXPERIENCE.

THE COMPANY EXPECTS AND ENCOURAGES YOU TO MAKE YOUR OWN HEALTH CARE DECISCIONS BASED UPON YOUR OWN RESEARCH AND IN PARTNERSHIP WITH THE APPROPRIATE QUALIFIED HEALTH CARE PROFESSIONALS. IT IS YOUR RESPONSIBILITY TO CONSULT WITH YOUR OWN HEALTH CARE PROFESSIONALS BEFORE TRYING ANYTHING NEW.

4. Limitations

IN NO EVENT SHALL THE COMPANY AND/OR ITS GUESTS OR SPONSORS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, CONSEQUENTIAL, PUNITIVE, OR DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION) ARISING  OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, INFORMATION, OR ADVICE ON WWW.CYNTHIAPETERSONPT.COM, EVEN IF THE COMPANY AND/OR AN AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,THESE LIMITATIONS MAY NOT APPLY TO YOU.

5. Links and Affiliate Disclaimer

The Materials on the Site may contain references or links to materials from third parties.  Reference to any third-party products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation with us. 

By clicking on any links, you agree that the Company is not responsible for their content, regardless of whether your access is provided by the Company or by another third-party. The Company does not warrant the accuracy, timeliness, or suitability of the content of any third-party links. The Company is 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.  The Company is 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.

Your sole and exclusive remedy for any claims or concerns arising from any links, references, or third-party companies, associations, products, or services is against the third-party provider, and not the Company. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Pursuant to the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, some of the links are affiliated links. This means that the Company may receive payment if you purchase products or services through such links.

6. Site Disclaimer & Acknowledgement of Intellectual Property Modifications

The Company reserves the right to modify or revise these Disclaimer & Acknowledgement of Intellectual Property for its Site at any time without prior notice.

An amended Disclaimer & Acknowledgement of Intellectual Property is always accessible through the Site and you should periodically check for and review material modifications and their effective dates. BY USING THIS SITE AND ANY OF ITS CONTENT OR MATERIALS, YOU AGREE TO BE BOUND BY THE CURRENT VERSION OF THESE DISCLAIMER & ACKNOWLEDGEMENT OF INTELLECTUAL PROPERTY.

7. This Site does not provide medical advice or Constitute a Provider-Patient Relationship

THIS SITE AND THE ENTIRETY OF ITS CONTENTS ARE PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND MAKE NO GUARANTEE AND NO WARRANTY OF ACHIEVING ANY SPECIFIC RESULTS. BY USING THIS SITE OR ANY OF ITS CONTENTS YOU EXPLICITLY ACKNOWLEDGE THAT YOU UNDERSTAND YOUR USE OF THIS SITE OR ANY OF ITS CONTENTS DOES NOT CREATE A PROVIDER-PATIENT RELATIONSHIP IN ANY WAY. THIS SITE DOES NOT CONSTITUTE THERAPY IN ANY FORM. IT IS YOUR FULL AND COMPLETE RESPONSIBILITY TO MAKE YOUR OWN HEALTH CARE DECISIONS WITH YOUR MEDICAL PROVIDER AND NOT TO SHARE, TRANSMIT, DISCLOSE OR PROVIDE ANY PROTECTED HEALTH INFORMATION.  YOU AGREE TO INDEMNIFY THE COMPANY AGAINST ANY DAMAGES, LOSSES, LIABILITIES, JUDGEMENTS, COSTS OR EXPENSES (INCLUDING ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH USE, PROVISION, TRANSMISSION, STORAGE, OR DISCLOSURE OF ANY PERSONAL INFORMATION INCLUDING PERSONAL HEALTH INFORMATION.

8. Governing Law

These Disclaimer & Acknowledgement of Intellectual Property for the Site and the Company shall be governed and construed in accordance with applicable federal law and the substantive laws of Utah without giving effect to the principles of conflict of laws.  Any cause of action by you with respect to our Site or Materials must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of these Disclaimer & Acknowledgement of Intellectual Property be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.

To the extent that any of the Materials are in conflict or inconsistent with these Disclaimer and Acknowledgement of Intellectual Property, these Terms shall take precedence. Our failure to enforce any provision of these Disclaimer & Acknowledgement of Intellectual Property shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Disclaimer & Acknowledgement of Intellectual Property shall survive any termination of these Disclaimer & Acknowledgement of Intellectual Property.

Contact Information

Please contact us by phone at 385-722-4555, email at CynthiaPetersonPT@gmail.com or by mail at:

Breathe Function Thrive PLLC
c/o Cynthia Peterson PT PLLC

150 South 600 East

Ambassador Plaza Suite #3B

Salt Lake City, UT 84102