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Legal Document

Terms of Service

Your use of this website and our clinical services is governed by these terms

Last updated: January 1, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Elite Performance Institute San Diego ("Company," "we," "us," or "our"), a professional healthcare practice located at 444 West C St STE 190, San Diego, CA 92101.

By accessing our website at episandiego.com (the "Site") or using any of our services, you confirm that you are at least 18 years of age (or the age of majority in your jurisdiction), have the legal capacity to enter into these Terms, and agree to be fully bound by them. If you do not agree to these Terms, you must immediately cease using the Site and our services.

We reserve the right to modify these Terms at any time. Material changes will be communicated via a notice on the Site or by email. Your continued use of the Site following the effective date of any modification constitutes acceptance of the revised Terms.

2. Description of Services

Elite Performance Institute San Diego provides professional chiropractic care, sports medicine, physical rehabilitation, personal injury recovery services, and related healthcare services (collectively, "Clinical Services"). The Site is provided to facilitate appointment scheduling, provide general information about our services, and enable communication between prospective and existing patients.

The Site and its content are provided for informational purposes only. Nothing on the Site constitutes medical advice, a clinical recommendation, or a provider-patient relationship until you have completed an in-person intake process and an authorized clinician has formally initiated care.

We reserve the right to modify, suspend, or discontinue any aspect of the Site or our services at any time without liability to you, provided that we fulfill all legal obligations arising from existing clinical relationships.

3. Intellectual Property Rights

All content on the Site, including but not limited to text, images, graphics, logos, video content, audio clips, data compilations, and software, is the proprietary property of Elite Performance Institute San Diego or its content suppliers and is protected by United States and international copyright, trademark, patent, and trade secret laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for personal, non-commercial purposes. This license does not include:

  • Reproducing, duplicating, copying, or exploiting any portion of the Site for commercial purposes
  • Systematic retrieval of content to create a database or collection
  • Framing or mirroring the Site on any other server or medium
  • Modifying, translating, adapting, or creating derivative works from the content
  • Using the Site for any unlawful purpose or in violation of any applicable regulation

Violation of these restrictions may result in immediate termination of your license and may expose you to civil or criminal liability.

4. User Conduct and Prohibited Activities

When using the Site or submitting information through our contact forms, you agree that you will not:

  • Submit false, misleading, or fraudulent information
  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity
  • Introduce viruses, malware, or other harmful computer code
  • Attempt to gain unauthorized access to any portion of the Site or any related systems
  • Use automated means (bots, scrapers, crawlers) to access or collect information from the Site without express written permission
  • Harass, threaten, or intimidate other users or our staff
  • Violate any applicable local, state, national, or international law or regulation
  • Post or transmit any content that is defamatory, obscene, fraudulent, or otherwise objectionable

We reserve the right to investigate and prosecute violations of these restrictions to the fullest extent of the law.

5. Contact Form and Communications

By submitting a contact form or communicating with us via email, you acknowledge that:

  • Submission of a contact form does not establish a patient-provider relationship
  • Electronic communications over the internet are not guaranteed to be secure or confidential
  • You should not submit sensitive medical information through the contact form unless you have accepted our secure communication practices
  • We may use the information provided to respond to your inquiry, schedule appointments, and for other purposes described in our Privacy Policy

We will respond to inquiries within one business day. For urgent medical matters, please call us directly at +1 (619) 232-4030 or contact emergency services.

6. Third-Party Links and Services

The Site may contain links to third-party websites and services, including Google Maps, YouTube, Facebook, and Instagram. These links are provided for convenience only and do not constitute an endorsement of the linked site's content or practices.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. Your access and use of third-party websites is at your own risk and subject to the terms and conditions of those respective sites.

Our integration with third-party services (including email delivery providers and analytics platforms) is governed by data processing agreements that require those providers to protect your information in accordance with applicable law.

7. Medical Disclaimer and Limitation of Clinical Liability

The information published on this Site is intended for general informational purposes only and does not constitute medical advice, diagnosis, or treatment. You should not rely on any information on the Site as a substitute for professional medical advice, diagnosis, or treatment.

No Provider-Patient Relationship: Accessing, reading, or relying on information on the Site does not create a provider-patient relationship between you and any clinician affiliated with Elite Performance Institute San Diego.

Emergency Situations: If you are experiencing a medical emergency, call 911 or go to your nearest emergency room immediately. Do not delay seeking emergency care because of information on this Site.

Individual Results: Results from clinical services vary. No guarantee of any specific clinical outcome is expressed or implied. Past patient outcomes are not indicative of future results.

8. Disclaimer of Warranties

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ELITE PERFORMANCE INSTITUTE SAN DIEGO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, OR SUCCESSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

  • Your use of, or inability to use, the Site or our services
  • Any reliance placed on information contained on the Site
  • Unauthorized access to or alteration of your transmissions or data
  • Statements or conduct of any third party on the Site
  • Any other matter relating to the Site or our services

In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such jurisdictions is limited to the maximum extent permitted by law. Our total aggregate liability to you for any claim arising out of these Terms or the Site will not exceed one hundred dollars (USD $100.00).

10. Indemnification

You agree to indemnify, defend, and hold harmless Elite Performance Institute San Diego and its officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms
  • Your use of the Site in a manner not authorized by these Terms
  • Your violation of any applicable law or regulation
  • Your infringement of any third-party right, including intellectual property or privacy rights
  • Any content you submit, post, or transmit through the Site

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate fully with our defense.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law provisions.

Informal Resolution: Before initiating any formal dispute resolution, you agree to contact us at EPI@SANDIEGO.COM to attempt to resolve the dispute informally. We will attempt to resolve disputes within 30 days of receipt.

Jurisdiction: For any disputes not resolved informally, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in San Diego County, California. You waive any objection to the laying of venue in such courts.

Waiver of Class Action: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If this waiver is found unenforceable, the entire arbitration provision shall be null and void.

12. Severability and Entire Agreement

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

These Terms, together with our Privacy Policy, HIPAA Notice of Privacy Practices, and Medical Disclaimer, constitute the entire agreement between you and Elite Performance Institute San Diego with respect to your use of the Site and supersede all prior and contemporaneous agreements, representations, and understandings of any kind between the parties relating to the subject matter herein.

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

13. Contact Information

For questions, concerns, or legal notices regarding these Terms of Service, please contact us:

Elite Performance Institute San Diego
Legal Affairs
444 West C St STE 190
San Diego, CA 92101
United States

Email: EPI@SANDIEGO.COM
Phone: +1 (619) 232-4030
Website: https://episandiego.com