Terms & Conditions


 

Welcome to Performance in Motion’s website!

We created this website to provide you with informational and educational services. By viewing our website (referenced throughout as the “Website” or “teampim.com”), you agree to do so in accordance with these Conditions and Terms of Use (“Terms of Use”) and with our Privacy Policy. If you do not agree, do not use this Website. Please read these terms carefully.

Ohashi Performance in Motion Rehabilitation, Ltd. d/b/a Performance in Motion (“Performance in Motion,” “PIM,” “us,” “our,” or “we”) is the Website’s owner and manager.

agreement to be bound by these terms of use

By using this Website, you agree to allow Performance in Motion to collect, use, and disclose your information under the terms explained in the Privacy Policy. We may change these Terms of Use without notice, and your continued use of the PIM Website signifies that you agree to be bound by any future changes. You are encouraged to review these Terms at regular intervals to monitor for updates.

These Terms of Use govern your access to and use of Performance in Motion’s Website, products, data, services, and any content provided to you on, from, or through this Website, any of our software, and any applications created by Performance in Motion, whether available through a social networking site or through our subsidiaries or affiliated companies. This collective content is encompassed by references to the Website throughout these Terms of Use.

By accessing or using teampim.com, you agree to be bound by these Terms of Use and by our Privacy Policy. You may only use the Website if you can form a binding contract with us, and only if you comply with these Terms of Use and all applicable local, state, national, and international laws, rules, and regulations.

no provider-patient relationship.
no substitute for medical advice.

Site Material is for informational purposes only.

This Website’s content is provided only for informational and educational purposes. These Terms of Use refer to the Website’s “Site Material,” which includes: text, images, videos, and blogs on teampim.com; content displayed on Performance in Motion’s social media (as “social media” is defined in the Website’s Privacy Policy); information obtained from Performance in Motion’s licensors or third parties; logos, images, software, videos, text, graphics, photos, sounds, music, audiovisual combinations, interactive features, collections and other materials you may view on, access through, or contribute to this Website.

Nothing on PIM’s Website constitutes or is a substitute for medical advice.

If you have concerns about any medical condition, diagnosis, or treatment, you should personally consult with a licensed healthcare provider. In case of a medical emergency, you should call 911 immediately.

Your visit to our Website does not make you a PIM patient or client. No provider-patient relationship is formed by your visit to or conduct on teampim.com.

By using PIM’s Website, you explicitly acknowledge that you understand your use of this Website does not create a provider-patient relationship between you and Performance in Motion. Your use does not create any duty for Performance in Motion to follow up with you about any medical condition, diagnosis, or treatment.

Performance in Motion’s conduct on this Website does not constitute the practice of physical therapy.

Performance in Motion’s conduct and information-sharing on this Website does not constitute the practice of physical therapy. The Website and its Site Material are offered only for educational purposes. Performance in Motion’s Site Material is provided based upon its proficiency in, knowledge of, and experience with the subject matter of the Website and its Site Material.

Do not provide protected health information to us.

As described in our Privacy Policy, we take our visitors’ privacy and confidentiality seriously. However, Performance in Motion’s activities as they relate to this Website do not involve the transmission of any protected health information (“PHI”) and thus do not comply with the Health Insurance Portability and Accountability Act (“HIPAA”).

Do not use this Website to provide, transmit, store, or disclose any health information that constitutes PHI. Performance in Motion accepts no affirmative duty to monitor whether you provide, transmit, store, or disclose PHI while using this Website. If you violate these Terms of Use and do share PHI through this Website, or if we become aware that you are using, providing, transmitting, storing, or disclosing PHI through this Website or any related channels, we may revoke your access to the Website.

Once you share information online, it can be difficult or impossible to make that information private again. If you use, provide, transmit, store, or disclose PHI through this Website or in connection to its Site Material, you agree to indemnify Performance in Motion against any damages, losses, liabilities, judgments, costs or expenses (including PIM’s or other third parties’ reasonable attorney fees and costs) which arise from your use, provision, transmission, storage, or disclosure of PHI.

Please do not share PHI through any “Contact” features on our website or so-called “private messaging” options throughout our Site Material.

Permitted use of site material.

Unless otherwise expressly stated, Performance in Motion, or its licensors, owns the entirety of the Site Material. The Site Material is protected by Illinois, United States, and worldwide copyright laws and treaty provisions.

Performance in Motion grants you a limited, personal, nonexclusive, and nontransferable license to use and display the Site Material so long as you are compliant with these Terms of Use, and provided you do not modify, delete, or change any copyright, trademark, or other proprietary notice. You remain subject to the Terms of Use and our Privacy Policy in all conduct related to Performance in Motion’s Site Material.

Except as provided above, you may not: copy, reproduce, modify, use, republish, upload, post, transmit, or distribute any of the Site Material, including any trademarks, names, or logos, and you may not redeliver or present any of the pages, text, images, or the Site Material using “framing” technology, nor systematically retrieve data, information, or the Site Material to create a collection, compilation, database, or directory.

All rights not expressly granted are reserved to Performance in Motion.

website rules of conduct.

Performance in Motion has the right to monitor all conduct on this Website, but we do not have any obligation to do so. You expressly agree not to: deceive, harass, stalk, harm, or exploit any other users; distribute spam; collect or record information about other users; or advertise or solicit others to purchase any product or service.

not intended for children.

Our Website is intended for adult visitors only. It is expressly designed to not attract visitors who are under the age of eighteen. If we learn that a visitor is under the age of eighteen, we do not collect personally-identifiable information about that child. If we inadvertently or accidentally come into contact with personally-identifiable information about a child under the age of eighteen, we will not knowingly disclose that information to any third party.

Disclaimer of liability.
statement of no warranty.

Disclaimer of liability & statement of no warranty:

ALL INFORMATION IN PIM’s webSITE IS PROVIDED on an “AS IS” basis. this means that PERFORMANCE IN MOTION MAKEs NO REPRESENTATIONS, and NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, WITH RESPECT TO THE SITE MATERIAL, or OTHERWISE REGARDING THIS website OR ANY WEBSITE LINKED THROUGH TEAMPIM.com.

TO THE FULLEST EXTENT PERMITTED by LAW, pim DISCLAIMS ALL express or implied WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Performance in Motion does not warranty THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, TIMELINESS, OR AVAILABILITY OF THIS WEBSITE OR the SITE MATERIAL OF ANY website linked through teampim.com.

By using this Website, you signify that you assume the risk of accessing and using the information it provides. We do not guarantee the accuracy of information provided on this Website, and Performance in Motion is not responsible for any errors or omissions in the information provided.

Not responsible for damages or losses suffered by Website visitors.

By using this Website, you agree that Performance in Motion is not responsible to you or others for any loss or damage that results from your use (or nonuse) of this Website or any linked third-party website. These potential losses or damages include, but are not limited to: direct, indirect, special, consequential, compensatory, or incidental damage; lost profits or data; damage to your computer resulting from viruses; loss of or damage to other property; claims of third parties; or penalties resulting from copying or displaying this Website or its Site Material.

Performance in Motion is not responsible for these consequences, regardless of whether we knew or should have known of the possibility of such damages or claims. Your exclusive and sole remedy against Performance in Motion is to stop using this Website.

Release of liability.

Without limiting the preceding paragraphs, you expressly release Performance in Motion from any responsibility and/or liability relating to your use of this Website, linked websites, or information contained in this Website or linked websites.

information you provide through pim’s website.

We have the right, but not the duty, to monitor your use of this Website, including any information you provide through it. You are responsible for the information that you send, submit, or provide through our Website. You agree not to transmit information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invasive of another’s privacy, or violative of any law or confidentiality agreement.

While we do not affirmatively monitor the information provided through this Website or its Site Material, if such information is brought to our attention, Performance in Motion may edit, delete, modify, or ban such information, and/or take necessary legal action against you.

Email communications may not be secure.

Any information that you send to Performance in Motion or its providers by email may be misdirected or intercepted by unintended recipients. It thus may not constitute a confidential means of communication. If you have confidentiality concerns, please do not transmit any sensitive or confidential information to us via email.

Our Website provides you with the option to communicate with us via email. This option is provided only for your convenience, and it may not be secure. By using it, you agree that we are not responsible for ensuring the privacy of these emails. Further, we cannot and do not guarantee the confidentiality or security of any email transmission. If this concerns you, please use an alternate form of communication.

Links to third-party websites:

We may provide links to third-party websites:

This Website may provide links to third-party websites. By clicking on these links, you demonstrate your understanding that PIM cannot control the information presented on third-party websites and is thus not responsible if you choose to follow those links. Third-party websites are not maintained by, nor are they related to, Performance in Motion.

By clicking on such links, you agree that we are not responsible for their content, regardless of whether your access is provided by Performance in Motion or by another third party. We do not guarantee the accuracy, timeliness, or suitability of the content of any third-party website.

Third-party website links are neither endorsements of the products or services offered by any linked website, nor are they endorsements of the third-party website’s sponsoring organization. Your sole and exclusive remedy for claims arising from any third party’s products or services is against the third-party provider of those products or services. Performance in Motion is not responsible for these claims.

Third-party websites may link to teampim.com.

Performance in Motion hereby grants third-party websites the limited right to link to its website. This limited license does not permit third-party websites to use “framing” technology to capture the Site Material, nor does it allow any other activity that could create a misimpression or confusion among users with respect to PIM’s sponsorship or affiliation.

If you provide a link to teampim.com on your website, please notify Performance in Motion within 72 hours.  You agree to remove the link and any reference to Performance in Motion within 24 hours of PIM making any such request.

submission of information.

Do not send us any ideas, suggestions, materials, concepts, or other information (collectively “Ideas”). If you violate these Terms of Use, any Ideas that you send to us will become our property. This means that Performance in Motion will have unrestricted use of your Ideas for our personal and commercial purposes. Regardless of how we use those Ideas, you will not be compensated, and we will not be liable to you or to any other person involved with the Ideas’ creation.

If you send Ideas to Performance in Motion, you agree: to waive your rights to the Ideas; that the Ideas are original to you; that you have the right to submit the Ideas to us; and that you have no recourse against Performance in Motion for any alleged or actual infringement or misappropriation of any proprietary right in any Ideas.

We are not obligated to maintain the confidence of any Ideas. PIM disclaims any liability that may result from its disclosure of any Ideas which are submitted in violation of this policy.

You further agree not to: send us Ideas that contain viruses or computer programming routines that may damage, interfere with, intercept, or take any system, data, or personal information; send us an unreasonably large amount of Ideas data, impose an unreasonable technological burden upon this Website, or otherwise interfere with or inhibit any other user from using or enjoying this Website; send us any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communications; access, use, or copy any portion of the Site Material using automated mechanisms, such as bots, spiders, scrapers, web crawlers, or indexing agents; and/or impersonate another person or allow any other person or entity to use your identity for the purpose of interacting on Performance in Motion’s social media, as defined in its Privacy Policy.

Indemnification for claims arising from your use of the Website.

You agree to indemnify Performance in Motion against any damages, losses, liabilities, judgments, costs, or expenses (including reasonable attorney fees and costs) arising out of any third party’s claims that relate to your use of this Website.

Operation of the Website.

Performance in Motion makes all reasonable efforts to keep this Website operational and available for access on year-round, daily basis. This is sometimes subject to scheduled maintenance, unscheduled maintenance, and system outages.

However, PIM never assures or warranties that: access will always be available; service will be uninterrupted; its operation will be error-free; defects will be corrected; or the servers that operate the Website are free from viruses or other harmful components.

You agree to assume the entire cost of all servicing or repairing your property should harm arise from your use of the Website.

Privacy and security.

Performance in Motion makes every effort to comply with all applicable laws that concern the privacy of online communications. By using this Website, however, you acknowledge that the security defects inherent in internet use, which may be greater or lesser than those of mail, facsimile, and telephone communications, all of which can also be intercepted and otherwise compromised.

As a matter of prudence, you are urged to assume that all internet communications are subject to interception and inherently insecure. To learn more about how Performance in Motion maintains its Website visitors’ privacy and security, read the Privacy Policy.

Proprietary rights.

Performance in Motion’s Site Material is protected by applicable copyrights, trademarks, service marks, patents, or by other proprietary rights and laws. By using the Website, you agree not to sell, license, rent, modify, copy, distribute, reproduce, transmit, redistribute, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Site Material. Your use of the Site Material for any purpose that is not expressly permitted in the Privacy Policy or these Terms of Use is prohibited. Reproduction, replication, or redistribution for commercial purposes of any of the Site Material is prohibited.

Health disclaimer.

You agree that Performance in Motion is not responsible for any injuries that you might experience from participating in an activity depicted on the Website or through its Site Material. You expressly waive any claim for any injury at any time against Performance in Motion, or any person or entity involved with Performance in Motion, including, without limitation, its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates, and representatives.

Your use of the Website and its Site Material evidences your understanding that physical exertion may result in physical or mental injury or risk of injury. You further agree that you are solely responsible to exercise within your limits.

You should SEEK THE ADVICE OF A PHYSICIAN PRIOR TO BEGINNING A FITNESS PROGRAM. IF YOU FEEL FAINT, DIZZY, OR EXPERIENCE PHYSICAL DISCOMFORT, YOU SHOULD STOP IMMEDIATELY AND CONTACT YOUR PHYSICIAN.

Performance in Motion may suggest an exercise (with or without equipment), a stretch or pose or posture, or a method of instruction, but it is your sole responsibility to ascertain if that is consistent with your physical abilities and safe for you to perform.

No warranty or guarantee of outcome.

Performance in Motion strives to provide accurate information on the Website. Any testimonial or example in the Site Material should not be construed as a guarantee that you will receive similar results. Your outcomes will depend upon your background, effort, overall health, motivation, desire, personal healthcare team, and many other factors that are beyond the scope of the Website and its Site Material.

Performance in Motion makes no guarantee and no warranty that you will have any specific result.

Intellectual property infringement.

Performance in Motion respects intellectual property rights. If you think that material that appears on our Website is subject to copyright or trademark infringement, please provide us with following information:

(1) the claimed infringement;
(2) reasonably sufficient information to allow Performance in Motion to locate the claimed infringement on the Website;
(3) the owner or complaining party’s contact information, including name, address, and email address;
(4) the signature of the owner;
(5) a statement by the owner that the owner has a good faith belief that the use of the copyright or trademark is not authorized by the copyright or trademark owner, its agent, or the law;
(6) a statement, under penalty of perjury, that the information is accurate, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Note: Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

DMCA takedown notification.

Pursuant to a valid DMCA takedown notice, Performance in Motion will notify you if we have removed copyright protected material.

No assignment.

The Terms of Use and licenses may not be transferred or assigned by you. They may be assigned by PIM without restriction.

Consent for electronic communications.

By providing Performance in Motion with your email address, you consent to receive unencrypted and non-secure email communications from us. You agree that any notices, agreements, disclosures, or other communications that Performance in Motion provides to you by email satisfy any legal communication requirements.

Applicable law and enforcement of Terms of Use.

The laws of the State of Illinois, without giving effect to its principles of conflicts of law, govern all adversarial proceedings arising out of these Terms of Use. If a Website visitor takes legal action against us for any reason that arises from PIM’s Website Privacy Policy or these Terms of Use or relating to the visitor’s interactions with or relationship to Performance in Motion, that visitor agrees to file such action only in the state and federal courts located in the State of Illinois.

By using this Website, you agree that: if any provision of this agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded; that if an unenforceable provision is modified or disregarded in accordance with this paragraph, then the rest of these Terms of Use will remain in effect as written; and that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.

No waiver of the Privacy Policy or these Terms of Use shall be effective unless it is in writing and signed by an authorized representative of Performance in Motion. No such waiver shall be deemed a further or continuing waiver of such term or any other term or condition of use.

The Privacy Policy and these Terms of Use constitute the entire agreement between you and Performance in Motion, as it relates to your use of this Website. It does not create any relationship between you and Performance in Motion that is not contemplated in these policies.

Amendments and modifications.

Performance in Motion may amend or update the Privacy Policy, these Terms of Use, or the Site Material at any time without prior notice. If you use this Website after any changes, you agree to be bound by the changes.

Affiliate disclaimer.

Pursuant to the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 C.F.R. Part 255 Sections 255.0 through 255.5, some of the links are affiliated links. This means that Performance in Motion may receive payment if you purchase products or services through such links.

Performance in Motion only utilizes affiliated links for products or services that its principals have personally used and believe will add value to its visitors.