Welcome to Rebalance Physical Therapy. Please read on to learn the rules and restrictions that govern your use of our in-person care, website(s), application(s), and mobile application(s) (the “Services”). It is important that you read and understand these terms before you use our Services.

These Terms of Use (the “Terms”) are a binding contract between you and Rebalance Physical Therapy, LLC (collectively, “Rebalance PT,” “we”, “us”, or “our”). Additionally, in certain cases, Rebalance PT may bill for our Services via our health system or PT clinic partnerships and their related entities. You must agree to and accept all of the applicable Terms, or unfortunately, you don’t have the right to use the Services. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in Rebalance PT's Notice of Privacy Practices.

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on our website(s), by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by Rebalance PT as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and Rebalance PT.

What about my privacy?

Rebalance PT takes the privacy of its users very seriously. Rebalance PT's Notice of Privacy Practices for more information.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13 without parental consent; if you are a child under 13 without parental consent, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13 without parental consent, we will delete that information. If you believe that a child under 13 may have provided us personal information without parental consent, please contact us at privacy@rebalancemobilept.com.

We also do not knowingly collect or solicit personally identifiable information from individuals residing outside of the United States. If you reside outside of the United States, please do not attempt to use the Services or send any personal information about yourself to us. If we learn we have collected personal information from an individual residing outside of the United States, we will delete that information.

Health Insurance Portability & Accountability Act

You understand that Rebalance PT is a “healthcare provider” and must comply with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). HIPAA protects the privacy of individually identifiable health information, or “protected health information” as that term is defined in HIPAA (“PHI”). Rebalance PT's Notice of Privacy Practices outlines your rights and our responsibilities regarding your PHI, additional information on how Rebalance PTmay use your Content and any communications between you and your Rebalance PT Physical Therapist and who to contact if you have any concerns regarding your PHI. Your acceptance of these Terms acknowledges that you have been given access to Rebalance PT's Notice of Privacy Practices and acknowledges receipt of such policy.

You understand that as a “healthcare provider”, Rebalance PT must comply with HIPAA and therefore retain data you input/upload to the platform related to (but not limited) with:

• Written or electronic record of a designation of an organization as a covered entity or business associate;

• All signed authorizations and, where applicable, written acknowledgments of receipt of the notice or documentation of good faith efforts to obtain such written acknowledgments;

• Rebalance PT's Notice of Privacy Practices

• Medical records and billing records about individuals maintained by or for a covered healthcare provider;

• Enrollment, payment, claims adjudication, and case or medical management record systems maintained by or for a health plan; and

• Other records that are used, in whole or in part, by or for the covered entity to make decisions about individuals.

• This data may be retained by Rebalance PT as required by HIPAA even in the case that your account has been suspended, deactivated and/or marked for deletion.

What are the basics of using Rebalance PT?

Rebalance PT brings licensed, experienced physical therapists to you (“Physical Therapists”) for a physical therapy session (“Session”) in your own home. To schedule an appointment, you may make a request via phone. 

You represent and warrant that you are an individual of legal age to form a binding contract (or, if the individual receiving Services is a minor, that you are forming a binding contract on behalf of you and on his or her behalf to use the Services and, to the extent applicable, you hereby grant Rebalance PT permission to treat such minor). Unless a legal exception applies, in the case of a minor less than 18 years of age, a parent or legal guardian must consent to treatment. Unless a legal exception applies, treatment of minors under 16 requires a parent to be present during the treatment session.

You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

In order to use the Services, you hereby consent to the examination, therapy procedures and therapy care to be performed on you by your Rebalance PT Physical Therapist through the Services.

If you will be receiving physical therapy without a physician’s referral (Direct Access Rules in the State of Massachusetts), you hereby agree to the below:

• Massachusetts allows patients total, unrestricted access to a physical therapist. No type of physician referral is required for a physical therapist to treat a patient.

• If the PT feels that the patient’s care goes beyond the physical therapy scope of practice, or if PT is contraindicated, the therapist must refer the patient to an appropriate licensed practitioner.

• If the patient was referred to the PT, the clinic must communicate with the licensed referring practitioner throughout the duration of treatment.

• The clinic must also disclose to the patient any financial interest if the referring physician derives income from the PT services.

You may receive Rebalance PT-specific marketing-related text messages and telephone calls:

Aside from appointment-related communications, Rebalance PT may periodically contact you by email or text message (including through the use of an automated telephone dialing system) to inform you of programs, services, and other initiatives that may be of interest to you. As such, you agree to allow Rebalance PT to market and/or offer its Services to you.

This authorization permits Rebalance PT to use your personal information in order to include you on mailing lists, email lists, text messaging, push notifications, and other forms of electronic communication. You are not required to provide this consent as a condition of using our Services, and this authorization will remain in effect unless otherwise revoked by you.

You may opt out anytime of receiving marketing-related emails and text messages by providing notice to us, by indicating/replying to such messages that you wish to unsubscribe or "stop" their ongoing transmission.

Your use of the Services is subject to the following additional restrictions:

You represent, warrant, and agree that you will not use the Services or interact with the Services in a manner that:

• Infringes or violates the intellectual property rights or any other rights of anyone else (including Rebalance PT);

• Violates any law or regulation, including any applicable export control laws;

• Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

• Jeopardizes the security of your Rebalance PT account or anyone else’s (such as allowing someone else to log in to the Services as you);

• Attempts, in any manner, to obtain the password, account, or other security information from any other user;

• Attempts to and/or violates the security of any computer network, or cracks any passwords or security encryption codes;

• Runs any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

• “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);

• Copies or stores any significant portion of the Content;

• Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

What are my rights in Rebalance PT?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Rebalance PT’s) rights.

You understand that Rebalance PT owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.

The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do.

Do I have to grant any licenses to Rebalance PT or to other users?

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions are viewable by other users such as your Rebalance PT Physical Therapist. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to Rebalance PT's Notice of Privacy Practices to the extent they relate to User Submissions that are also your personally-identifiable information.

For all User Submissions, you hereby grant Rebalance PT a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services. This is a license only – your ownership in User Submissions is not affected. You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide.

If you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services, then you grant Rebalance PT the licenses above, as well as a license to display, perform, and distribute your feedback for the purpose of improving the Services.

Finally, you understand and agree that Rebalance PT, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

Will Rebalance PT ever change the Services?

We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Does Rebalance PT cost anything?

Fees

You agree that in consideration of the Services, you hereby individually obligate yourself to pay Rebalance PT in accordance with the rates and terms of Rebalance PT, available via our website. We are out-of-network with all health plans, therefore you will be responsible for the full cost of each visit. If you have out-of-network benefits, we will provide you with a copy of your bill that you can, at your discretion, submit to your health plan for reimbursement for the services your health plan covers. You are responsible for contacting your insurance company to determine what your benefits are and obtain any necessary physician referrals and/or pre-authorizations for services. We are not responsible if your health plan denies, in whole or in part, your claims for our services.

Financial Responsibility

You agree that you are financially responsible for charges not collected by this agreement, unless otherwise stated by applicable written contract or law. You understand that in some instances your insurance may not reimburse you for all treatment charges incurred and you agree to be financially responsible for all payments for Services.

Good Faith Estimate

You have a right to receive a “Good Faith Estimate” (GFE) of treatment costs. Under certain circumstances, healthcare providers need to give patients who don’t have insurance or who are not using insurance an estimate of the cost for medical items and services, including outpatient rehabilitation services. Depending on when you schedule your service, your provider may be required to provide a GFE within days after you schedule. You can also ask your healthcare provider for a Good Faith Estimate before you schedule an item or service. If you receive a bill that is substantially more than your GFE, you can dispute the bill. Make sure to save a copy or picture of your GFE. For questions or more information about your right to a Good Faith Estimate, visit www.cms.gov/nosurprises or call 1-800-985-3059.

Payment Method

We may use a third-party payment processor (the “Payment Processor”) to bill you through a payment account, such as your bank account or debit or credit card, linked to your account on the Services (your “Billing Account”). The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for errors by the Payment Processor. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for such Session in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method and to provide current, complete, and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us or our payment processor if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password.

Cancellation, No Show, and Credit/Refund Policy

Rebalance PT requires you to cancel your appointment no later than 24 hours prior to your scheduled appointment time. If you are unable to give a 24 hour notice, or if you no show for your appointment, there will be a cancellation fee of $90.00 for each occurrence.

If your Physical Therapist does not show for your scheduled session, we will work with you to reschedule an appointment or provide you a refund. If your therapist cancels your session, it does not exempt you from any liabilities related to late cancellation fees you might have accrued.

What if I want to stop using Rebalance PT?

You’re free to do that at any time, by no longer using the Service. Please refer to Rebalance PT's Notice of Privacy Practices, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

If you stop using the Service, be aware that records shall be maintained for certain periods of time as required by law.

Rebalance PT is also free to suspend access to your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Rebalance PT has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

For Massachusetts Patients – Did You Know?

The Massachusetts Board of Physical Therapy licenses and regulates your Physical Therapist and Physical Therapist Assistant.

Visit the Board’s website through this link for information on verifying a license.

Board Contact Information:
1000 Washington Street, Ste. 710
Boston, MA 02118
1-617-701-8605

Notice of Nondiscrimination

Rebalance Physical Therapy LLC complies with applicable Federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability, or sex. Rebalance PT does not exclude people or treat them differently because of race, color, national origin, age, disability, or sex.

If you need these services, contact info@rebalancemobilept.com. If you believe that Rebalance PT has discriminated on the basis of race, color, national origin, age, disability, or sex, you can file a grievance with: info@rebalancemobilept.com (email), or (781) 901-5231 (phone). You can file a grievance in person or by email, fax, or mail. If you need help filing a grievance, info@rebalancemobilept.com is available to help you. You can also file a civil rights complaint with the U.S. Department of Health and Human Services, Office for Civil Rights, electronically through the Office for Civil Rights Complaint Portal, available at ocrportal.hhs.gov/ocr/portal/lobby.jsf, or by mail or phone at: U.S. Department of Health and Human Services 200 Independence Avenue, SW Room 509F, HHH Building Washington, D.C. 20201. Phone numbers are 800-368-1019 and 800-537-7697 (TDD). Complaint forms are available at www.hhs.gov/ocr/office/file/index.html.

Payment Processing

Payment processing services for patients and therapists on Rebalance PT are provided by Square and are subject to the Square Terms of Service (collectively, the “Square Services Agreement”). By agreeing to the Rebalance PT Terms of Use or continuing to operate as a patient or therapist on Rebalance PT, you agree to be bound by the Square Services Agreement, as the same may be modified by Square from time to time. As a condition of Rebalance PT enabling payment processing services through Square, you agree to provide Rebalance PT accurate and complete information about yourself, and you authorize Rebalance PT to share it and transaction information related to your use of the payment processing services provided by Square.

What else do I need to know?

Warranty Disclaimer

Neither Rebalance PT nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. The Services and Content are provided by Rebalance PT (and its licensors and suppliers) on an “as-is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

Limitation of Liability

To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall Rebalance PT (or its licensors or suppliers) be liable to you or to any other person for (a) any indirect, special, incidental, or consequential damages of any kind, including damages for lost profits, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction, or (b) any amount, in the aggregate, in excess of the greater of (i) $125 or (ii) the amounts paid by you to Rebalance PT in connection with the services in the twelve (12) month period preceding this applicable claim, or (c) any matter beyond our reasonable control. Some states do not allow the exclusion or limitation of certain damages, so the above limitation and exclusions may not apply to you.

Indemnity

To the fullest extent allowed by applicable law, You agree to indemnify and hold Rebalance PT, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

It is possible that your participation in the Services could result in injury to you. You acknowledge and fully understand that you are engaging in activities that may involve the risk of economic and other damages which might result from your own actions or omissions, from the actions or omissions of other parties, or from any of the activities you are asked to complete during a visit. You further agree that there may be other risks not known or not reasonably foreseeable at this time. Nonetheless, it is your desire to participate in the Services. Accordingly, you release, waive, discharge and covenant not to sue Rebalance Physical Therapy LLC (and any of its affiliates) (collectively, "Rebalance PT", "we" and us"), any of its employees, representatives, contractors, officers, directors, shareholders, affiliates, administrators, agents, owners, or lessors of all equipment, all of whom are hereafter referred to as “Releasees”, from demands, losses or damages on account of injuries, including death or damage to property, caused or alleged to be caused in whole or in part by the negligence of the Releasees or otherwise.

Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Rebalance PT’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Miscellaneous

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Rebalance PT may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Rebalance PT agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Rebalance PT, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Rebalance PT, and you do not have any authority of any kind to bind Rebalance PT in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and Rebalance PT agree there are no third party beneficiaries intended under these Terms.

Contact Information

If you have any questions or comments about these terms or the Services, please do not hesitate to contact us by emailing us at privacy@rebalancemobilept.com or calling us at (781) 901-5231.