Terms of Service

All contents of BetterBalanceLife.com are Copyright © 2014 Dr. Kimberley Bell, DPT

All rights reserved.

NOT MEDICAL ADVICE

The information contained herein is not meant as a substitute for medical advice from a medical doctor.  Since everyone’s health is unique, it is recommended that you consult with your physician on your specific situation before implementing any specific recommendations given by Dr. Kimberley Bell PT or BetterBalanceinLife.com. Dr. Bell offers a website for educational purposes only. Nothing contained on or offered by or through this website should be construed as medical advice and should not be relied upon for medical diagnosis or treatment. All users are advised to seek medical consultation individually for appropriate recommendations.

LIMITATION OF SERVICES

Kimberley Bell PT provides continuing education courses, clinical support, and consultation in a good faith attempt to help. However, no course of study can guarantee success, results, or improved performance. Therefore, Kimberley Bell PT cannot guarantee specific outcomes and cannot be held accountable for such. All clinicians continue to practice under the rules and regulations of their own individual healthcare providers license.  Kimberley Bell PT reserves the right to, at any time, for any reason, discontinue services for clients without penalty or recourse. Any payment made for future services that are not received will be returned.

LIMITATION OF LIABILITY

THE MATERIALS AT THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL Kimberley Bell PT OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, INJURY OR DEATH) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF Kimberley Bell PT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

NON-DISCRIMINATION POLICY

Dr. Kimberley Bell PT does not, in any way, exclude or otherwise discriminate against any person on the grounds of race, religion, skin color, national origin, sexual orientation, age or disability in participation in, access to, or receipt of offered services.

This statement is in accordance with the provisions of Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and Regulations of the U.S. Department of Health and Human Services issued pursuant to the Acts, Title 45 Code of Federal Regulations part 80, 84, and 91, Title III of the Americans with Disabilities Act (ADA) and all other Federal laws and Regulations providing similar protection against discrimination.

COPYRIGHTS

ALL CONTENTS ON THIS SITE ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEB SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM DR. KIMBERLEY BELL PT. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE.

COMPLIANCE WITH APPLICABLE LAWS

User access to this Web Site is governed by all applicable federal, state and local laws.

TRADEMARKS

The trademarks, logos and service marks (“Marks”) displayed on this Web Site are the property of Dr. Kimberley Bell PT. Users are not permitted to use these Marks without the prior written consent of Dr. Kimberley Bell PT, who own the Marks.

GENERAL DISCLAIMER

Although Dr. Kimberley Bell PT has attempted to provide accurate information on the Web Site, she assumes no responsibility for the accuracy of the information. Dr. Kimberley Bell PT may change the prices, programs or products mentioned at any time without notice.

PROGRAMS & SERVICES AVAILABILITY

Since global information is provided at this Web Site, not all programs or services mentioned will be available in your geographic region. Please contact Dr. Kimberley Bell PT via the “contact us” page for information as to programs and services available in your region.

LINKS TO THIRD PARTY SITES

This Web Site may contain links to third party sites. Access to any other Internet site linked to this Web Site is at the user’s own risk and Dr. Kimberley Bell PT is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Dr. Kimberley Bell PT provides these links merely as a convenience and the inclusion of such links does not imply an endorsement of ongoing activities at the related websites and organizations.

NON-CONFIDENTIALITY OF INFORMATION

Dr. Kimberley Bell PT and Better Balance in Life.com collect names and personal email addresses on a mailing list voluntarily from users of this Web Site. See our Privacy Notice for details. If you transmit to or post on this Web Site any material, data, information or idea by any means, it will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose. Personal data provided to us will be handled in accordance with our policies regarding privacy. You are not authorized to post on or transmit to or from our Web site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law.

RULES SUBJECT TO CHANGE

Dr. Kimberley Bell PT may at any time revise these terms and conditions by updating this posting. By using this Web Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms and conditions to which you are bound. Certain provisions of these terms and conditions may be superceded by other legal notices or terms located on parts of this Web Site.

CLINICAL CONTINUING EDUCATION FOR PROFESSIONALS OTHER THAN LICENSED PHYSICAL THERAPISTS AND PHYSICAL THERAPY ASSISTANTS

All course descriptions specify the intended audience for the content. Fitness professionals, yoga teachers, other geriatric healthcare providers and students may be present at certain courses. All information instructed in clinical continuing education courses is intended to be used within the scope of practice of each individual. In the interest of public safety and according to standards of ethical conduct, course content is not intended for the use of participants outside the scope of their license and regulation.

VIDEO DISCLAIMER

The information in this video is for educational purposes only.  It is not intended to provide a medical diagnosis or substitute for medical advice.  The Bell Method exercises in these videos are intended for people who have balance problems to improve strength, body awareness, balance, blood flow and sensation.  By attempting any of the exercises in the video, you do so at your own risk.  It is normal to experience some soreness after doing an exercise you are not used to doing.  If you have pain and your pain increases, moves to a different location or new or different symptoms arise after doing an exercise, you should stop the exercise and seek advice from a physician or physical therapist.  We make no representations, guarantees or warranties that the information or exercises in this video are appropriate for you or will result in improvement of your medical condition or function.

BY USING THE INSTRUCTIONAL VIDEOS AND ATTEMPTING THE EXERCISES IN THE VIDEOS, YOU AGREE THAT KIM BELL PHYSICAL THERAPY, INC. AND IT MEMBERS, EMPLOYEES OR AGENTS WILL NOT BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OR MISUSE OF THIS VIDEO WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, EQUITY, STATUTE OR BY WAY OF ANY OTHER LEGAL THEORY REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN.

E-COURSE TERMS OF USE AGREEMENT AND LIABILITY DISCLAIMER

This E-course and its videos, documents and other associated content (hereinafter inclusively referred to as “E-course”) has been produced by Kim Bell Physical Therapy Inc.  When you purchase our E-course, you agree to this Terms of Use and Liability Waiver.

The information in our E-course is for educational purposes only and is not intended to provide a medical diagnosis or substitute for medical advice.  The Bell Method exercises in our E-course is intended for people who have balance problems to improve strength, body awareness, balance, blood flow and sensation.  However, we make no representations, guarantees or warranties that the information or exercises in our E-course is appropriate for you or will result in improvement of your medical condition or function.  The information in our E-course is by no means complete or exhaustive and therefore does not apply to all conditions, disorders and health-related issues.  The information and instruction in this E-course is not intended to be “physical therapy” or medical advice, especially since we have not personally examined you and prescribed exercises specific to your individual condition.  Any use of the terms “prescribe” or “prescription” in the E-course is referring to the precision with which the exercise should be done and is not intended to mean the exercises are being prescribed specifically for you or your condition(s).  Any reference to or mention of any particular diagnoses or dysfunctions is intended for informational purposes only and not an attempt to diagnose your particular problems.

Before you begin the exercises in the E-course, you should get medical clearance from your physician or physical therapist if you have any medical conditions, diseases, injuries or disabilities.  By purchasing this E-course and embarking on the exercises in it, you are assuming the risk that the exercises may not be appropriate for you and may increase your pain or cause you to have new pain or new symptoms. It is normal to experience some soreness after doing an exercise you are not used to doing.  However, if you have pain and your pain increases, moves to a different location or new or different symptoms arise after doing an exercise, you should stop the exercise and seek advice from a physician or physical therapist.

By purchasing this E-course, Kim Bell Physical Therapy Inc. grants you a nonexclusive, nontransferable, revocable license to access and use our copyrighted E-course and any associated materials solely for your own personal and non-commercial use.  Our E-course is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any of the content within our E-course is strictly prohibited.  Your purchase of our E-course does not grant you any ownership rights to our E-course.

Our E-course 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.  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. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Our E-course is intended solely for Users who are at least age 18 years of age or older.  Any use of or access to our E-course by anyone under such, is unauthorized, unlicensed and in violation of these Terms of Use. By purchasing our E-course, you represent and warrant that you are 18 years or older and that you agree to and to abide by all of the terms and conditions of this Agreement. Kim Bell Physical Therapy Inc. has sole right and discretion to determine whether to sell our E-course to any individual and may reject a purchase by any individual with or without explanation.

We will respond quickly to claims of copyright infringement as found in our E-course, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512).  If you believe any copyrights are infringed by our E-course, please provide us with a written notice via mail, fax, or email that contains the following information:

(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(2) A description of the copyrighted work that you claim has been infringed;

(3) A description of where the material that you claim is infringing is located on our Website;

(4) Your address, telephone number, and email address;

(5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We are only required to respond to those notices that substantially comply with the above requirements.  We will investigate your claim and will notify by the method of contact you used to file your notice with us.

When you complete the purchase process, you will receive a password that will allow you to access our Content. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any authorized use of your password or any other breach of security.

THE CONTENT PROVIDED IN OUR E-COURSE IS PROVIDED “AS IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. KIM BELL PHYSICAL THERAPY INC., INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR CONTENT. KIM BELL PHYSICAL THERAPY INC. CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE OR CONTENT.  KIM BELL PHYSICAL THERAPY INC. DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT OR OUR SERVICES FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT AND SERVICES IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

IN NO EVENT WILL KIMBERLEY BELL OR HER EMPLOYEES, CONTRACTORS, VENDORS, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OR MISUSE OF THIS VIDEO WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, EQUITY, STATUTE OR BY WAY OF ANY OTHER LEGAL THEORY REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN.   NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KIMBERLEY BELL’S LIABILITY TO YOU 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 YOU TO US FOR THE VIDEO(S) WE PROVIDE PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

This Terms of Service Agreement shall be governed and construed in accordance with applicable federal law and the substantive laws of California without giving effect to the principles of conflict of laws.  Any cause of action by you with respect to our Website or Content must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement 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 Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.