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General Terms and Conditions
These General Terms and Conditions (“Terms”) apply to the purchase and sale of products and services through https://www.mrodpt.com/ www.manhattanphysiogroup.com, www.mpgone.com (the “Website”). These Terms are subject to change by Manhattan Physio Group LLC (“MPG”) without prior written notice at any time, in our sole discretion. You should review these Terms before purchasing any product or services that are available through the Website. Your purchase of products and services through the Website constitute your acceptance of these Terms.
These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through the Website.
Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
Prices and Payment Terms
All prices, discounts, and promotions posted on the Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Mastercard, Visa, American Express, and Discover credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
Shipments and Delivery
We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Returns and Refunds
Except for any products designated on the Site as final sale or non-returnable, MPG will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of shipment with valid proof of purchase and provided such products are returned in their sealed, original condition. To return products, you must call 917-900-2878 or email at info@manhattanphysiogroup.com.
You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment.
Refunds are processed within approximately 5 business days of our receipt of your returned merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. There are no refunds on products designated on the Website as non-returnable.
Disclaimer of Warranties
ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
Limited Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, MPG SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
Goods Not for Resale or Export
You represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
Privacy
MPG’s Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
Force Majeure
MPG will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Governing Law and Jurisdiction
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.
Void Where Prohibited
Products and services sold through the Website are intended for sale to New York consumers only. Any offer for any product or service made on this Website is void where prohibited.
Assignment
These Terms do not and are not intended to confer any rights or remedies upon any person other than you. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation is null and void.
No Waivers
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
Notices
MPG may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To give MPG notice, you can email us at info@mrodpt.com or by mail to Manhattan Physio Group LLC, 130 W. 56th Street, New York, NY 10019.
Severability
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions.
Entire Agreement
Our order confirmation, these Terms, Terms of Use, Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
YouTube Video Disclaimer
All the information provided by Manhattan Physio Group / MPG ONE Wellness Center at this channel and associated videos are designed to educate the general public on health care and medical issues that may affect their daily lives. Nothing in the content or products should be considered, or used as a substitute for medical advice, diagnosis, or treatment. The information provided by Manhattan Physio Group / MPG ONE Wellness and associated videos cannot be used to make a diagnosis or treat any health condition. This website contains general information about medical conditions and treatments. The medical information on this website is provided “as is” and none of the information provided represents or warrants that any particular service or product is safe, appropriate, or effective for you. Please contact our office to speak with your physical therapist for further information. If you think you are suffering from a medical condition, please seek immediate attention. Please use this information at your own risk. Manhattan Physio Group / MPG ONE is not responsible directly or indirectly for any issues that may arise from the content shared on this channel.
Full Disclaimer:
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No advice
1.1 Our website contains general medical information.
1.2 The medical information is not advice and should not be treated as such. -
No warranties
2.1 The medical information on our website is provided without any representations or warranties, express or implied.
2.2 Without limiting the scope of Section 2.1, we do not warrant or represent that the medical information on this website:
(a) will be constantly available, or available at all; or
(b) is true, accurate, complete, current or non-misleading. -
Medical assistance
3.1 You must not rely on the information on our website as an alternative to medical advice from your doctor or other professional healthcare provider.
3.2 If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.
3.3 If you think you may be suffering from any medical condition, you should seek immediate medical attention.
3.4 You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on our website. -
Interactive features
4.1 Manhattan Physio Group / MPG ONE Wellness content often includes interactive features that allow users to communicate with us (eg. comments, discussion forums, comments on YouTube.com)
4.2 You acknowledge that, because of the limited nature of communication through our interactive features, any assistance you may receive using any such features is likely to be incomplete and may even be misleading.
4.3 Any assistance you may receive using any our website's interactive features does not constitute specific advice and accordingly should not be relied upon without further independent confirmation. -
Limitations of Liability
5.1 The use of this site is entirely at your own risk, and in no event shall Manhattan Physio Group / MPG ONE Wellness be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or any other monetary or other damages, fees, fine, penalties or liabilities arising out of or relating in any way to this site, and/or content or information provided herein.
5.2 Your sole and exclusive remedy for dissatisfaction with the service is to stop using the service.
5.3 User hereby acknowledges that Sections 5.1 and 5.2 shall apply to all content, products, merchandise and services available through the site and those uploaded to YouTube.com under the channel name ‘Manhattan Physio Group / MPG ONE Wellness’.
Any information on diseases, injuries, and treatments available at this channel is intended for general guidance only and must never be considered a substitute for advice provided by a doctor, a physical therapist, other qualified medical professionals. Manhattan Physio Group / MPG ONE Wellness Center (MPG / MPG ONE) will not be liable for any damages or injuries that you performed exercises or advice on this channel.
Always seek the advice of your physician or other qualified health care professional with questions you may have regarding your medical condition.
Although this channel provides the best available information for the general public and all reasonable care to ensure that the contents of the YouTube Channel are accurate and up-to-date, all information contained on it is provided ‘as is’.
MPG / MPG ONE makes no warranties or representations of any kind concerning the accuracy or suitability of the information contained on this channel.
MPG / MPG ONE may at any time and at its sole discretion change or replace the information available on this channel.
To the extent permitted by mandatory law, MPG / MPG ONE shall not be liable for any direct, incidental, consequential, indirect or punitive damages arising out of access to or use of any content available on this channel, including viruses, regardless of the accuracy or completeness of any such content.
MPG / MPG ONE disclaims any control over, relationship with, or endorsement of views expressed by other YouTube users.
Any links to other websites are provided only as a convenience and MPG / MPG ONE encourages you to read the privacy statements of any third-party websites.
All comments will be reviewed by MPG / MPG ONE and may be deleted if deemed inappropriate. Comments which are off-topic, offensive or promotional will not be posted. The comments/post are from members of the public and do not necessarily reflect the views of MPG / MPG ONE.
