Motion IQ Physical Therapy PC
Website Terms of Use
These Terms of Use (“Terms”) govern the user’s (“You” or “your”) use of the website www.motioniqpt.com (“Website”), owned and operated by Motion IQ Physical Therapy PC (“Practice,” “we,” “us”). The Terms are legally binding and it is Your responsibility to read them before You use this Website. By using this Website, you agree to these Terms. If you do not agree, please do not use the Website.
This Website is intended for users age 18 and older. Use of this Website does not establish a provider-patient relationship. Physical therapy services are only established through a formal intake and a signed services agreement.
1. PRIVACY POLICY
Your use of this Website is also governed by our Privacy Policy (www.motioniqpt.com/privacy-policy), which explains how we collect, use, and protect personal information.
You may be able to log into or confirm subscriptions to various online third party services, from the Website, such as, but not limited to, social networking sites like Instagram, Facebook, LinkedIn, Youtube, TikTok, Reddit or X or subscriptions through Substack (“Third Party Services”). The manner in which your information is used, stored and disclosed by Third Party Services is governed solely by the privacy policies of those third parties. Once you navigate away from the Website, the Practice has no liability or responsibility for the actions of such Third Party Services.
2. INTELLECTUAL PROPERTY
All content on this Website, including text, graphics, logos, images, videos, audio and written materials, is the intellectual property of the Practice, and is protected by applicable copyright, trademark, and other intellectual property laws (the “Intellectual Property”). No ownership rights or licenses to the Intellectual Property are given or transferred to You by use of this Website and any copying, redistribution or publication by you of any of the Intellectual Property shall be prohibited. You may not use any trademarks or other Intellectual Property belonging to the Practice without the prior written consent of the Practice.
All video, audio, written, and visual content that may be published by the Practice or Michael S. Ko (including but not limited to content on YouTube, TikTok, Instagram, Facebook, or X) as further outlined in Section 3 below, shall also be the Intellectual Property of the Practice (to the extent permitted by use of such third party social media platforms). This content may not be reproduced, edited, distributed, or used commercially by You without written permission of the Practice.
Notwithstanding any other provision of these Terms, in the event of a violation of this Section 2, the Practice shall be entitled to seek equitable remedies, including, but not limited to, injunctive relief, to prevent a breach or any further breach of this agreement and to secure enforcement thereof, in addition to any other relief or award to which the Practice may be entitled.
All rights not expressly granted in these Terms are reserved by the Practice.
3. CONTENT DISCLAIMER
Michael S. Ko, may publish content on third-party platforms such as YouTube, TikTok, Instagram, Facebook, X (formerly Twitter), Reddit, Substack or other social media channels for general educational and entertainment purposes. These videos and posts are not clinical advice, and they are not a substitute for individualized physical therapy care. Engaging with content, such as commenting, liking, or sharing, does not establish a provider-patient relationship and is not confidential. Users should be aware that anything shared or engaged with publicly on these platforms may be visible to others. Users should not post or submit personal information, health disclosures, or sensitive data in public comments on any third-party platform where content is shared. No user-submitted content will be accepted through the Website.
Social media is not an appropriate or secure method for current or prospective patients to contact the Practice. If you are seeking physical therapy services, you must complete a formal intake process and sign a separate services agreement. Please contact us at info@motioniqpt.com or call us at (714) 867-1682 to inquire further about our services. If you are experiencing an emergency, please call 911.
4. Website for personal use
This Website is solely for personal and non-commercial use. You may not use the content or other materials provided on or embedded in this Website for any commercial purpose or for any noncommercial or commercial public display.
5. NO REPRODUCTION
You may not reproduce, distribute, reverse engineer, modify, create derivative works of, republish, transmit, sell, resell, or exploit any of the material on the Website. Notwithstanding the foregoing, You may print portions of the Website for Your own personal, non-commercial use.
6. DISCLAIMER OF USE
The information provided on this Website is for informational purposes only and should not be construed as medical or therapeutic advice. Your use of the Website is at your own risk. We do not warrant the accuracy, completeness, or usefulness of any information provided. We are not liable for any damages arising from your use or reliance on the Website or its content.
7. FEES AND PAYMENTS
Initial consultations and ongoing appointments can be scheduled through the Website, and may require payment at the time of booking or at another time designated by the Practice. By providing payment information and submitting payment through the Website, you authorize the Practice and its third-party payment processor to charge the applicable fees and any cancellation or missed appointment fees described below, using your selected payment method.
The Website does not collect insurance information and does not calculate or collect insurance-based cost-sharing. If you intend to use Medicare or commercial insurance, your eligibility, benefits, insurance information, and any cost-sharing (such as a copayment, coinsurance, or deductible) will be verified and handled directly with the Practice through its separate intake and billing process, and not through the Website. If you are a self-pay patient, the applicable fees are the self-pay rates listed or provided by the Practice. You will receive a Good Faith Estimate of the expected charges before scheduled services are provided. Any payment collected through the Website for self-pay services will be applied to those charges. The Good Faith Estimate is an estimate only and is not a contract or a guarantee of final charges.
The Practice does not directly collect or store your full payment information. Payment transactions are processed through a secure third-party payment processor integrated with the Website. Your use of such payment services may also be subject to the payment processor's terms of service and privacy policy. The Practice is not responsible for the acts, omissions, security practices, or policies of any third-party payment processor and by using this Website to pay for services you acknowledge and agree that the Practice shall not be liable for any loss, damage, liability, cost, or expense arising out of or relating to the acts, omissions, errors, security incidents, system failures, processing delays, unauthorized transactions, data breaches, chargebacks, or other conduct of any third-party payment processor.
All fees are listed in U.S. dollars unless otherwise indicated. The Practice reserves the right to modify its fees at any time without prior notice; however, any fee changes will not affect appointments that have already been confirmed prior to the fee change.
If you book an appointment through the Practice’s website you must provide at least twenty-four (24) hours-notice of any cancellation or need to reschedule. The Practice may charge a cancellation/missed appointment fee of $75 if less than twenty-four (24) hours-notice is provided. If you are unable to provide twenty-four (24) hours’ notice, a written medical note signed by a provider is required to avoid the fee. If an appointment is cancelled more than 3 times, the Practice will decline providing any further treatment and any referring physicians will be notified immediately.
If you authorize the Practice to retain your payment method on file, you authorize the Practice to charge that payment method for cancellation or missed-appointment fees, and for any outstanding balances, in accordance with these Terms. You may revoke this authorization at any time by contacting the Practice at info@motioniqpt.com or (714) 867-1682, except as to charges already incurred.
By making payments on this Website, you represent and warrant that you are authorized to use the payment method provided and that all billing information you submit is accurate, current, and complete. If a payment is declined, reversed, or otherwise unsuccessful, the Practice may cancel or reschedule your appointment until payment is successfully received and may charge a chargeback fee if applicable.
To the extent applicable, you are responsible for any taxes associated with your purchase of services through the Website.
8. SMS COMMUNICATIONS
If you provide your mobile telephone number to the Practice through the Website, you may receive a text message asking for your consent to opt-in to receiving text messages (“SMS”) from the Practice regarding promotions, appointment scheduling and reminders, billing matters, account notifications, and other communications related to the Practice’s services.
Message and data rates may apply based on your mobile carrier and service plan.
The frequency of messages will vary depending on whether you are a patient, your appointments, account activity, and your interactions with the Practice. You may receive recurring messages as necessary to facilitate scheduling, treatment, billing, and other communications related to the services provided by the Practice.
For assistance regarding SMS communications, contact the Practice at at info@motioniqpt.com or (714) 867-1682.
To stop receiving SMS messages from the Practice at any time, reply STOP to any text message you receive. After you send STOP, you may receive one final message confirming your opt-out request. Following confirmation, you will no longer receive SMS messages from the Practice unless you subsequently provide a new authorization or otherwise opt back in.
The Practice is not liable for any delayed or undelivered messages caused by your mobile carrier or as a result of your opting out of SMS messaging.
9. COPYRIGHTS AND COPYRIGHT AGENT
If You believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that You claim has been infringed;
(c) A description of where the material that You claim is infringing is located on the Website;
(d) Your address, telephone number, and e-mail address;
(e) A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for notice of claims of copyright infringement on the Website is Michael S. Ko who can be reached at:
By Mail: 1401 N Tustin Ave, Suite 355, Santa Ana, CA 92705
By Phone: (714)867-1682
By e-mail: info@motioniqpt.com
10. LIMITATIONS ON LIABILITY
To the fullest extent permitted by law, Practice will not be liable for any loss or damage caused by any viruses or other harmful material that may infect your computer equipment, programs, data or other proprietary material due to your use of the Website. Practice makes all efforts to ensure the technology it provides is secure and up to date but shall not be held liable for any technological failure.
You understand and agree that, to the maximum extent permitted by applicable law, the Practice will not be liable for any direct, indirect or consequential loss or damage incurred by You in connection with the Website, or any information offered on the Website, including but not limited to, any liability for any loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; damage to or corruption of data; or any indirect or consequential loss, whether such loss or damage was foreseeable or in the contemplation of the parties, whether caused by negligence, breach of contract or otherwise. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
Any claim brought against Practice must be filed within one (1) year of the alleged incident causing such claim, otherwise such claim shall be permanently barred.
11. INDEMNITY AND RELEASE
You agree to indemnify, defend and hold Practice harmless, from and against any and all third party suits, claims, demands, causes of action, liabilities, damages, judgments, losses, costs and expenses, including reasonable legal expenses and attorney’s fees arising out of and relating to, whether directly or indirectly, Your breach of these Terms, including but not limited to any use of the Website other than as expressly authorized in these Terms, or Your use of any of the information obtained from the Website.
12. MODIFICATIONS AND DISCONTINUATION
The Practice reserves the right to modify or discontinue the Website, or any part thereof, temporarily or permanently, with or without notice. You agree that the Practice will not be liable if all or any part of the Website is unavailable at any time or for any period.
13. TERMINATION
The Practice has the right in its sole discretion to terminate or suspend your access to the Website, for any or no reason including, the violation of these Terms.
14. SEVERABILITY
If any portion of this Terms is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.
15. ENTIRE AGREEMENT
This Agreement constitutes the full and final agreement between You and the Practice regarding the use and access of the Website. All earlier and contemporaneous agreements, negotiations, understandings, representations and warranties between You and the Practice regarding the Website whether written or oral are expressly succeeded by this Agreement.
16. CONTACT
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to:
Motion IQ Physical Therapy PC
Attn: Michael S. Ko
1401 N Tustin Ave., Unit 355
Santa Ana, CA 92705
Phone:(714)867-1682
e-mail: info@motioniqpt.com
17. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule.
18. BINDING ARBITRATION, VENUE AND CHOICE OF LAW
By agreeing to these Terms, you are waiving your right to a jury trial or class action and agree to resolve disputes through binding arbitration.
In the event of any controversy or claim arising out of or relating to the Terms or the breach thereof, You and the Practice agree to act in good faith to reasonably and promptly try to resolve, by negotiation, any dispute that may arise under or related to these Terms. If You and Practice cannot resolve the dispute by good faith negotiation, you agree to first try and resolve such controversy or claim by mediation conducted by and in accordance with the rules of the American Arbitration Association (“AAA”). If the controversy or claim cannot be resolved by mediation within sixty (60) days of the initial claim or controversy being brought forth, You and Practice shall settle the dispute by binding and non-appealable arbitration conducted by and in accordance with the rules of AAA, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of mediation or arbitration shall be Orange County, California. Where federal law is not applicable California law shall apply. Each party shall pay its own proportionate share of arbitrator and legal fees and expenses, however the prevailing party in any arbitration hereunder shall be awarded reasonable attorneys’ fees, expert and non-expert witness costs and any other expenses incurred directly or indirectly with said arbitration, including without limitation the fees and expenses of the arbitrator(s). The parties waive their right to lead or participate in any class action lawsuit.
19. CHANGE OF TERMS
Practice reserves the right to update or change the Terms of Use at any time in its sole discretion. All changes are effective immediately once posted and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms constitutes your acceptance of those changes.