Legal Notices
Notice of Privacy Practices
Your Information. Your Rights. Our Responsibilities.
This notice describes how medical information about you may be used and disclosed and how you can get access to this information. Please review it carefully.
Your Rights
You have the right to:
Get a copy of your paper or electronic medical record
Correct your paper or electronic medical record
Request confidential communication
Ask us to limit the information we share
Get a list of those with whom we’ve shared your information
Get a copy of this privacy notice
Choose someone to act for you
File a complaint if you believe your privacy rights have been violated
Your Choices
You have some choices in the way that we use and share information as we:
Tell family and friends about your condition
Provide disaster relief
Include you in a hospital directory
Provide mental health care
Market our services and sell your information
Raise funds
Our Uses and Disclosures
We may use and share your information as we:
Treat you
Run our organization
Bill for your services
Help with public health and safety issues
Do research
Comply with the law
Respond to organ and tissue donation requests
Work with a medical examiner or funeral director
Address workers’ compensation, law enforcement, and other government requests
Respond to lawsuits and legal actions
Your Rights
When it comes to your health information, you have certain rights. This section explains your rights and some of our responsibilities to help you.
Get an electronic or paper copy of your medical record
You can ask to see or get an electronic or paper copy of your medical record and other health information we have about you. Ask us how to do this.
We will provide a copy or a summary of your health information, usually within 30 days of your request. We may charge a reasonable, cost-based fee.
Ask us to correct your medical record
You can ask us to correct health information about you that you think is incorrect or incomplete. Ask us how to do this.
We may say “no” to your request, but we’ll tell you why in writing within 60 days.
Request confidential communications
You can ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address.
We will say “yes” to all reasonable requests.
Ask us to limit what we use or share
You can ask us not to use or share certain health information for treatment, payment, or our operations. We are not required to agree to your request, and we may say “no” if it would affect your care.
If you pay for a service or health care item out-of-pocket in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer. We will say “yes” unless a law requires us to share that information.
Get a list of those with whom we’ve shared information
You can ask for a list (accounting) of the times we’ve shared your health information for six years prior to the date you ask, who we shared it with, and why.
We will include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any you asked us to make). We’ll provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another one within 12 months.
Get a copy of this privacy notice
You can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly.
Choose someone to act for you
If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information.
We will make sure the person has this authority and can act for you before we take any action.
File a complaint if you feel your rights are violated
You can complain if you feel we have violated your rights by contacting us using the information on page 1.
You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/.
We will not retaliate against you for filing a complaint.
Your Choices
For certain health information, you can tell us your choices about what we share. If you have a clear preference for how we share your information in the situations described below, talk to us. Tell us what you want us to do, and we will follow your instructions.
In these cases, you have both the right and choice to tell us to:
Share information with your family, close friends, or others involved in your care
Share information in a disaster relief situation
Include your information in a hospital directory
If you are not able to tell us your preference, for example if you are unconscious, we may go ahead and share your information if we believe it is in your best interest. We may also share your information when needed to lessen a serious and imminent threat to health or safety.
In these cases we never share your information unless you give us written permission:
Marketing purposes
Sale of your information
Most sharing of psychotherapy notes
In the case of fundraising:
We may contact you for fundraising efforts, but you can tell us not to contact you again.
Our Uses and Disclosures
We typically use or share your health information in the following ways.
Treat you
We can use your health information and share it with other professionals who are treating you.
Example: A doctor treating you for an injury asks another doctor about your overall health condition.
Run our organization
We can use and share your health information to run our practice, improve your care, and contact you when necessary.
Example: We use health information about you to manage your treatment and services.
Bill for your services
We can use and share your health information to bill and get payment from health plans or other entities.
Example: We give information about you to your health insurance plan so it will pay for your services.
How else can we use or share your health information?
We are allowed or required to share your information in other ways – usually in ways that contribute to the public good, such as public health and research. We have to meet many conditions in the law before we can share your information for these purposes. For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html.
Help with public health and safety issues
We can share health information about you for certain situations such as:
Preventing disease
Helping with product recalls
Reporting adverse reactions to medications
Reporting suspected abuse, neglect, or domestic violence
Preventing or reducing a serious threat to anyone’s health or safety
Do research
We can use or share your information for health research.
Comply with the law
We will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy law.
Work with a medical examiner or funeral director
We can share health information with a coroner, medical examiner, or funeral director when an individual dies.
Address workers’ compensation, law enforcement, and other government requests
We can use or share health information about you:
For workers’ compensation claims
For law enforcement purposes or with a law enforcement official
With health oversight agencies for activities authorized by law
For special government functions such as military, national security, and presidential protective services
Respond to lawsuits and legal actions
We can share health information about you in response to a court or administrative order, or in response to a subpoena.
Our Responsibilities
We are required by law to maintain the privacy and security of your protected health information.
We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information.
We must follow the duties and privacy practices described in this notice and give you a copy of it.
We will not use or share your information other than as described here unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind.
For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/noticepp.html.
Changes to the Terms of this Notice
We can change the terms of this notice, and the changes will apply to all information we have about you. The new notice will be available upon request, in our office, and on our website.
Rhea Physical Therapy Privacy Policy
Last modified October 27, 2026
PLEASE REVIEW THIS POLICY CAREFULLY
This Privacy Policy explains our practices regarding our collection, use and disclosure of information about you or other individuals, or information that could identify you or other individuals, through www.rheaphysicaltherapy.xyz, companion mobile apps, or related services and communications (collectively, the “Store” or the “Site”). We refer to this information throughout this privacy policy as “Personal Information.” Personal Information does not include information that has been de-identified or aggregated such that an individual can no longer be identified.
The Rhea Physical Therapy Sites are owned and operated by Rhea Physical Therapy, LLC or any affiliate, which will also be referred to herein as, “Rhea PT”, “our”, “we”, “us”. The data controller of your Personal Information is Rhea Physical Therapy, LLC.
Rhea PT’s office is located at 1750 S. Brentwood Blvd., Brentwood, MO 63144. If you ever have questions about this Privacy Policy, please contact us at the information below. By using this Site, you are consenting to this Privacy Policy.
COLLECTION OF YOUR PERSONAL INFORMATION
Unless we expressly note otherwise, we do not collect personally identifiable information from users of our Sites. “Personal Information” is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, not including publicly available information or de-identified or aggregate consumer information. When you visit our Sites, some information about your computer hardware and software is inherently automatically collected, such as your IP address, domain name, browser type, access time and referring website addresses. We typically do not use this information for any purpose, but an example of when we may use this information is in implementing improvements and analyzing the Sites and for troubleshooting purposes. We also utilize this information to monitor and improve services and to ensure that your use of the Sites is in compliance with our Terms of Use. Most of our services do not require any form of registration, allowing you to visit the Sites without telling us who you are. However, some services, such as email opt-ins may require you to provide us with Personal Data. In such a case, you may choose to withhold any Personal Data requested by us, but it may not be possible for you to gain access to certain parts of the site or content. We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, then your information may be processed also in the context of such transactions and for the purpose of executing the transactions.
LEGAL BASIS FOR PROCESSING
The above processing activities will be carried out only when one or more of the following legal bases apply:
the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract;
you have provided your consent to one or more processing activities;
the processing is necessary for compliance with a legal obligation to which we are subject;
the processing is necessary for the purposes of our legitimate interests. Details on the legitimate interests pursued by us are available upon request, to be forwarded at the contact details stated in this Privacy Policy.
When the processing is based on your consent, you are free to decide on whether or not to grant your consent and you will be entitled to withdraw the consent at any time, as described in this Privacy Policy. When the processing is based on our legitimate interest, you will be entitled to exercise your right to opt-out or object to the processing at any time, as described in this Privacy Policy.
INTERNATIONAL PRIVACY LAWS AND YOUR RIGHTS UNDER THE GDPR
If you are visiting the Site from outside the United States, please be aware that you are sending information to the United States where our servers are located. Information you submit may then be transferred within the United States or back out of the United States to other countries outside of your country of residence, depending on the type of information and how it is stored by us. These countries (including the United States) may not necessarily have data protection laws as comprehensively protective as your country of residence; however, our collection, storage, and use of your data will at all times continue to be governed by this Privacy Policy.
If you are a member of the European Union (EU), you have special rights under the GDPR. Those include: You have the right to object to the processing of your data and the right to portability of your data. All complaints must be sent to hello@rheaphysicaltherapy.xyz. You also have the right to erasure, rectification, access, or to seek restrictions to the processing of your personal data in our system. To the extent you provide consent to our processing of your personal data, you have the right to withdraw that consent at any time. Any withdrawal of consent does not apply to data collected lawfully prior to such consent. You have the right to lodge a complaint with a supervisory authority containing jurisdiction over GDPR related issues. If you do withdraw consent, this will not affect the lawfulness of any processing that was based on your consent before its withdrawal. In addition to the foregoing, you have the right under the GDPR to lodge a complaint in respect of your data protection rights with the applicable supervisory authority for data protection in your jurisdiction. If you are in the United Kingdom, that supervisory authority is the UK’s Information Commissioner’s Office: https://ico.org.uk/. If you are located in the EU/EEA, a list of and more information about the EU/EEA Data Protection Authorities can be found at https://ec.europa.eu/newsroom/article29/items/612080.
SAFEGUARDING YOUR PERSONAL INFORMATION
We maintain physical, technical, and administrative safeguards to protect the confidentiality and security of information transmitted to us. However, no data transmission over the Internet or other network can be guaranteed to be 100% secure. As a result, while we strive to protect information transmitted on or through our website also by implementing adequate security measures as required by the applicable laws, we cannot and do not guarantee the security of any information you transmit on or through our website, and you do so at your own risk. To the fullest extent permitted by applicable law, we do not accept liability for unintentional disclosure.
We use Secure Socket Layer (SSL) or similar industry standard technology to encrypt transmissions of sensitive information from your computer to our servers. However, when you communicate with us via email on our website, these communications may be handled via unsecured transmissions or by third party service providers. Please be aware that information provided (such as email address, payment information, etc.) may be accessible to others. For that reason, we ask that you protect yourself and not share sensitive information via these communication channels.
COOKIES: WHAT THEY ARE, AND WHY THEY ARE NEEDED
A “cookie” is a small text file that identifies your computer or device. When you visit our website, unique cookies are placed on your browser, thus alleviating the need to continually log in with your username and password. Cookies may be stored within your system. To the extent we use cookies, we can only access information from a cookie sent by one of the Sites, not other websites. We may use cookies to personalize your visit to our Sites because tracking usage allows us to best determine the needs of our customers and advertisers.
OUR POLICY WITH MINORS
Our Sites are not intended for individuals under the age of 18. If you are under 18, you may only use the Sites under the supervision of a parent or guardian. We do not collect or maintain information from anyone known to be under the age of 18, and no part of this website is designed to attract anyone under the age of 18. We do not sell products or services intended for purchase by children. If we discover or are otherwise notified that we have received any such information from a child in violation of this policy, we will delete that information.
DATA RETENTION
We only retain Personal Data collected from Users for as long as the User’s account is active or otherwise for a limited period of time as long as we need it to fulfill the purposes for which we have initially collected it unless otherwise required by law. We will retain and use information as necessary to comply with our legal obligations, resolve disputes, and enforce my agreements for a period of 10 years.
USE OF YOUR PERSONAL INFORMATION
If you do choose to provide your personal information, we will not willingly share your information with companies outside our organization, except as described in this Privacy Policy. You may at times receive communications from us related to products and services that we believe might interest you. While we believe these services may enhance your time spent at the Sites, you will at all times have the option and ability to opt out from receiving these communications by specifically choosing to do so either via a link which will be provided within emails that we send to you or by making that request with us directly. We may disclose total aggregated user statistics in order to describe our services to potential advertisers, other third parties, affiliate companies, and for other lawful purposes.
The information we gather from you may be used in several ways, either now or in the future, to gain a better understanding of our Sites’ users and their usage pattern as a whole, for site administration and troubleshooting, to process transactions, contest entries and other matters you initiate, to identify preferences in content and advertising, to target editorial, advertising or other content (such as promotions, special offers or other content) we think might be of interest to you. We may also use information we gather from you to communicate changes and improvements to our website or any registration you have made.
We use information collected to provide and operate the Sites, to facilitate your online experience, to operate the Site features, to communicate with you (e.g., for customer support), to administer on-platform optimization and reporting, to improve customer experience through personalization of products and their application, and use your browsing and other information to help us analyze our Sites. We may use the information we collect for any other purpose that was disclosed to you at the time it was collected or for other purposes where these are not incompatible with the disclosed purposes or where we otherwise have your consent.
You have the right to request access to the information we have for you. You can do this by contacting us at hello@rheaphysicaltherapy.xyz. We will make sure to provide you with a copy of the data we process about you. In order to comply with your request, we may ask you to verify your identity. We will fulfill your request by sending your copy electronically unless the request specifies a different method. If you believe that the information we have about it is incorrect, or if you wish to remove your private information (such as an email address provided in an opt-in), you may contact us at hello@rheaphysicaltherapy.xyz. Any data that is no longer needed for the purposes specified herein will be deleted.
We do not give away, sell, rent or lease any users’ personally identifiable information to any merchant, advertiser or web publisher. We reserve the right to disclose personal information when needed to comply with the law or a legal process, cooperate with investigations of purported unlawful activities, to identify persons violating the law, in connection with the sale of part or all of Rhea PT’s or its affiliates' assets, or to enforce our Terms of Use. We do not sell personal information we collect about you, including as the term “sale” is used within the meaning of the CCPA or the Nevada Act Relating to Internet Privacy.
Please keep in mind that if you disclose personally identifiable information in a public manner through the Sites, this information may be collected and used by others accessing those portions of the Sites. We do not monitor information you disclose on the Sites nor do we accept any liability associated with your voluntary disclosure of the same.
You are responsible for reviewing the privacy statements and policies of other websites you choose to link to or from the Sites, so that you may understand how those sites collect, use and store your information. We are not responsible for the privacy statements, policies or content of any other websites. Websites containing co-branding (referencing our name and a third party’s name) contain content delivered by the third party and not us.
LIMITATIONS
By using the Sites you agree that we are not responsible for: (i) any disclosure of your personal information made by you to a third party through your use of the Sites; (ii) any disclosure of your personal information obtained illegally from me; or (iii) any accidental disclosure of your personal information made by us.
POLICY CHANGES
We may modify this Privacy Policy from time to time. Any modifications will be effective immediately when we post them. We will take steps to notify users of any modifications, however, you are responsible for reviewing any modified terms. When we update our Policy, we will note the date of revisions at the top of the Policy. Your continued use of a Site following any changes means you accept and agree to any changes. For your convenience and future reference, the date of the Privacy Policy is included so that you can compare any different versions of the Privacy Policy to determine any changes made to the Privacy Policy.
YOUR COMMENTS AND CONCERNS
This website is operated by Rhea Physical Therapy, LLC, 1750 S. Brentwood Blvd., Brentwood, MO, 63144. All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to hello@rheaphysicaltherapy.xyz.
ACCESSIBILITY
If you are not able to access our form, you may request that a copy be provided to you in an alternative format by emailing hello@rheaphysicaltherapy.xyz.
Notice under California Consumer Privacy Act
Last modified October 27, 2026
This Privacy Notice explains, in general, the procedures behind our collection, storage, and process of the information we may collect from you online, if any. This notice is intended to operate as a supplement to our Privacy Policy, for the sole purpose of defining rights that California consumers may have with respect to our Sites under the California Consumer Privacy Act of 2018 (“CCPA”).
Terms such as “personal information” and “processing” that are defined in the CCPA will have the same definitions in this Notice as we understand them to have under the CCPA. This includes exceptions to certain terms under the CCPA. For example, “personal information” under the CCPA does not include publicly available, aggregate consumer information, or de-identified, information.
The following is for the sole purpose of demonstrating the categories of information we may collect online, and other relevant information, such as why we collect information, how it is shared, if it is shared, and whether we sell that personal information.
Personal Information:
Type of Information Collected
Name, email address, phone number
Purpose for Collection
Information requested on our contact page, located at www.rheaphysicaltherapy.xyz
Collected automatically through various website tools we employ, as defined in our Cookie Notice. Collection of such information aids in improving our website for our visitors.
Who do we share Information with?
Third party service providers as necessary to administer, facilitate, and enhance the provision of our Sites under agreements that such providers maintain the information confidential.
If you would like to request additional information, please email hello@rheaphysicaltherapy.xyz, and complete the following:
Identify yourself
Specify the information you request to be accessed, corrected, or removed
Please note that we reserve the right to request additional information to verify the above, including a form of government-issued identification. We additionally reserve the right to decline to process requests if you fail to provide either of the above, if we believe the request will violate any other law or legal requirement, cause the information to be incorrect, or jeopardize the privacy of others.
Written responses to information requested under this section will be delivered electronically. If a request is declined, we will provide an explanation as to why. We will not discriminate against you for exercising any rights available to you under applicable law.
We additionally reserve the right to modify, or delete some or all of your information collected. In such a case, we will retain data as reasonably necessary to comply with any legal obligations, including regulatory, security, or dispute requirements, law enforcement requirements, to prevent fraud or abuse, or to enforce obligations, including any other requests from you.
To make a request, you’re welcome to contact us at the information provided in our Privacy Policy. You can designate an agent to make a request on your behalf in one of two ways: (1) having your agent send us a letter, signed by you, certifying that the agent is acting on your behalf and showing proof that they are registered with the California Secretary of State; or (2) by you and the agent executing and sending us a notarized power of attorney stating that the agent is authorized to act on your behalf. Please note that we may still require you to verify your identity before we process a request submitted by your agent.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
Rhea Physical Therapy, LLC offers a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (collectively, the “Agreement”). By opting in to or participating in any of out Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Rhea Physical Therapy, LLC in other contexts.
DETAILS OF THE PROGRAM
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of Rhea Physical Therapy, LLC’s services .
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at hello@rheaphysicaltherapy.xyz. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS Terminating Messages if your mobile device does not support SMS messaging. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Rhea Physical Therapy, LLC is not liable for delayed or undelivered mobile messages.
PARTICIPANT REQUIREMENTS
Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
OPT-IN PROCEDURES
The Program allows you (the “User”) to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you expressly that you permit us to send you autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply, for which you are financially responsible.
OPT-OUT PROCEDURES
If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree that the following options are the only reasonable methods of opting out: you must reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message. After you send one of the aforementioned messages, you may receive an additional mobile message confirming your decision to opt out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of my contractors or employees to remove you from our list is not a reasonable means of opting out, nor is it always technically feasible.
DUTY TO NOTIFY AND INDEMNIFY
If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
DISPUTE RESOLUTION
In the event that there is a dispute, claim, or controversy between you and us, or between you and any other third-party service provider acting on our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in St. Louis County, MO before one arbitrator.
The Parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Rhea Physical Therapy, LLC ’s principle place of business is located, without regard to its conflict of laws rules. Within 90 calendar days after the arbitration demand is served upon a party, the Parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the Parties do not agree on an arbitrator within 90 calendar days, a Party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The Parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no Party shall have rights of appeal except for those provided in section 10 of the FAA. Each Party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The Parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each Party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The Parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a Party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both Parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the Parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
CLASS ACTION WAIVER
The Parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the Parties expressly waive their right to file a class action or seek relief on a class basis. WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the Parties shall be deemed to have not agreed to arbitrate disputes.
MISCELLANEOUS
You warrant and represent to us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.