Terms & Conditions  & Privacy Policy

 

This Website (“DrSamPT”, “DrSamPT.com”) and its Content is owned by Dr. Samuel A. Mielcarski, DPT (“Company”, “we”, or “us”). The term “you” refers to the user or viewer of this Website. 

Please read these Terms and Conditions (aka: “T&C” or “Terms”) carefully. We reserve the right to change these Terms and Conditions on the Website at any time without notice, and by using the Website and its Content you are agreeing to the Terms and Conditions as they appear, whether or not you have read them. If you do not agree with these Terms and Conditions, please do not use our Website or its Content.

 

Privacy Policy:

Notice to EU Individuals:  This Privacy Statement and its enumerated policies are intended to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the “General Data Protection Regulation” or “GDPR”) and provide appropriate protection and care with respect to the treatment of your user information in accordance with the GDPR.

As such, we are committed to complying with the GDPR and:

  1. We will maintain technical and organizational measures to keep your data safe.  
  2. We will ONLY process your data for legitimate interest-based purposes (meaning your “interest” in receiving the info I provide).
  3. You can withdraw your consent to receive any information from me at any time.
  4. You have the right to ‘be forgotten’ or to request that I erase your personal data from my database.
  5. If there is ever a data breach, I will notify you without delay with the next steps to protect your data.

This Website (“DrSamPT”, “DrSamPT.com”) and its Content is owned by Dr. Samuel A. Mielcarski, DPT (“Company”, “we”, or “us”). The term “you” refers to the user or viewer of this Website.

Please read this Privacy Policy carefully before using this Website. We reserve the right to change this Privacy Policy on the Website at any time. Use of any information or contribution that you provide to us, or which is collected by us on or through our Website or its Content is governed by this Privacy Policy. By using our Website or its Content, you consent to this Privacy Policy, whether or not you have read it. If you do not agree with this Privacy Policy, please do not use our Website or its Content.

Personal identification information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, or credit card information. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Site related activities. Users will have the right to opt out of using the site and/or from receiving information from DrSamPT.com at any time.

Non-personal identification information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.   

Web browser cookies

Our Site may use “cookies” at times to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.   

How we use collected information

DrSamPT.com collects and uses Users personal information for the following purposes:

To improve customer service- Your information helps us to more effectively respond to your customer service requests and support needs. 

To personalize the user experience- We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site. 

To improve aspects of our Site- We continually strive to improve our website offerings based on the information and feedback we receive from you. 

To process financial transactions- We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service. 

To send periodic emails- The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site. 

How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. Sensitive and private data exchange between the Site and its Users happens over a secured communication channel and is encrypted and protected.

This Privacy Statement covers this Site. While you may encounter links on this Site to other websites, such as those relating to possible third party sponsors, advertisers, and other partners, please note that these websites are not covered by this Privacy Statement (unless otherwise noted on such site, which may be the case if, for example, the site is also owned and operated by DrSamPT.com). 

This Privacy Statement does not apply to the activities of DrSamPT.com third party sponsors, advertisers, and other partners that may collect your user information while accessing or using such third party’s services in connection with your use of our Site (i.e. social media and sharing services). The privacy and information practices of those third parties are not covered by this Privacy Statement. To learn more about such third party policies, we encourage you to read and review the privacy statements of each third party service that you may choose to use in connection with this Site. This Privacy Statement applies only to information collected by us.

Your user information may be transferred to other countries in connection with your use of our Site. If you access or use our Site outside of the United States, your user information may be transferred to our servers in the United States.

As required by law: DrSamPT.com may disclose your personal information if required to do so by law such as to comply with a subpoena or in the good faith belief that such action is necessary to conform to the edicts of the law, protect your safety or the safety of others, investigate fraud or comply with a judicial proceeding, court order or legal process served on DrSamPT.com or to protect and defend the rights or property of DrSamPT.com.

 

Changes to this privacy policy

DrSamPT.com has the discretion to update this privacy policy at any time. When we do, revisionsof the updated date can be found at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

If we make any material changes to this Site, we will also attempt to notify you by email (sent to the e-mail address you specified when registerg with our Site) or by means of a notice on this website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

Electronic Communications

Visiting DrSamPT.com or sending emails to DrSamPT.com constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

DrSamPT.com does not knowingly collect, either online or offline, personal information from persons under the age of 13. If you are under 18, you may use DrSamPT.com only with permission of a parent or guardian. 

Links to third party sites/Third party services

DrSamPT.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of DrSamPT.com and this Site is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. DrSamPT.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DrSamPT.com of the site or any association with its operators. 

Certain services made available via DrSamPT.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the DrSamPT.comdomain, you hereby acknowledge and consent that DrSamPT.com may share such information and data with any third party with whom DrSamPT.com has a contractual relationship to provide the requested product, service, program, or functionality on behalf of DrSamPT.com users and customers. 

Your acceptance of these terms

By using this Site, you signify your acceptance of this privacy policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes. 

Contact Us. If you have any questions about this Privacy Policy, please contact us at: Contact Form

 

Purchases / Cancellation / Refund Policy

DrSamPT.com may provide both FREE and PAID educational health/wellness/rehab products and/or services. If you have NOT purchased anything from this site, then you will NOT be billed or charged anything.   

If you purchase any PAID “Coaching Programs“, “Wellness Programs”, “Corporate Wellness Consulting Services”, “Rehabilitation Services”, or any other types of “Products” or “Services” offered by DrSamPT.com, your agreement in doing so will be bound by the terms and conditions of the “Client Contract” that you sign with Dr. Samuel A. Mielcarski, DPT (or business names it may operate under such as: “DrSamPT”, “DrSamPT.com”, “Body Dynamic, LLC or “Health Raisers Consulting”). 

If paying by credit card or with an online merchant account, the billing merchant on your statement may read: “STRIPE” or “PayPal”. The seller merchant name may read: “DrSamPT”, “DrSamPT.com”, “BODY DYNAMIC, LLC” or “Health Raisers Consulting”. Any products or services purchased from DrSamPT.com are subject to the refund and/or cancellation policies and/or “terms and conditions”; as outlined on the specific product/service pages that represent those specific products/services; and/or within the “Client Contract”. 

Unless otherwise stated, all “digital download products” (including combinations of “digital download + hard copy products”) are non-refundable. This helps protect us from buyers requesting refunds on products they now own a copy of, and can’t actually “return” to us. 

Physical products (including “hard copy” products) are subject to the following guidelines, unless otherwise stated:

  • Products come with a 30-day money back guarantee. 
  • All physical (hard-copy) products must be returned to the address indicated on the customer invoice to receive a refund. 
  • Returns must be submitted within 30 days of purchase date! 
  • All returned items must be undamaged and include ALL original complete materials (For example: 3-ring binder, written content, laminated cards, flash drives, etc.) Incomplete or damaged materials returned are subject to denial or a partial refund at seller’s discretion.    
  • In order to receive a refund on the “Bad Health Be Gone Program” (hard-copy version), the customer must provide written evidence of use of the program for at least 21 days. This would include all of the following:
    • A completed Chain-of-Health Questionnaire.
    • Identification of the customer’s ‘weak link’ or ‘key area’ determined from the Questionnaire.
    • At least 3 stated strategies of how to improve the customer’s ‘weak link’ learned from reading the transcripts and/or listening to the audio files with in the “Bad Health Be Gone” program.
    • At least 1 completed ‘Actionable Item’ within the workbook pertaining to the ‘weak link’. 

When purchasing a product or service, you are agreeing to be added to our email list. This helps us contact you in the future if needed; as well as keep you informed of any future products, services, promotions, or health and wellness info we provide, that may be of interest to you. You are under no obligation to remain subscribed to our emailing list; and you can unsubscribe at any time from future emailings you may receive from us by clicking the “unsubscribe” option in the footer section of the emails you receive from us.  

Termination / Access Restriction

DrSamPT.com reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Georgia and you hereby consent to the exclusive jurisdiction and venue of courts in Georgia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and DrSamPT.com as a result of this agreement or use of the Site. DrSamPT.com‘sperformance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of DrSamPT.com‘s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by DrSamPT.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and DrSamPT.com with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DrSamPT.com with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use DrSamPT.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to DrSamPT.com that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of DrSamPT.com or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. DrSamPT.com content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of DrSamPT.com and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of DrSamPT.com or our licensors except as expressly authorized by these Terms.

Changes to Terms

DrSamPT.com reserves the right, in its sole discretion, to change the Terms under which it is offered. The most current version of the Terms will supersede all previous versions. DrSamPT.com encourages you to periodically review the “Terms” to stay informed of our updates. 

Contact Us

DrSamPT.com welcomes your questions or comments regarding the Terms and Conditions. 

Contact Us here:  Contact Form

 

Disclaimer

This Website (“DrSamPT”, “DrSamPT.com”) and its Content is owned by Dr. Samuel A. Mielcarski, DPT (“Company”, “we”, or “us”). The term “you” refers to the user or viewer of this Website.

Please read this “Website Disclaimer” carefully. We reserve the right to change this Website Disclaimer at any time without notice, and by using the Website and its Content you are agreeing to the Website Disclaimer as it appears, whether or not you have read this language. If you do not agree with this Website Disclaimer, please do not use our Website or its Content.

Medical Disclaimer/ Indemnification

All DrSamPT.com products and services are meant for Educational Purposes Only. Under no circumstances should the information contained within the products, services, or programs supersede the instructions given to you by your personal physician or licensed healthcare provider regarding specific conditions that you’re receiving treatment for, or have been treated for in the past. You are responsible for your own health and well- being. Neither DrSamPT.com (the creator of these products, services, or program), nor any other co-sponsoring organization and its employees, shall assume or have any responsibility or liability for expenses, medical treatment, or any other forms of compensation for any injury, illness, suffering or discomforts that you may experience as a result of your application of the information contained within this program.

You agree to indemnify, defend and hold harmless DrSamPT.com, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. DrSamPT.com reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DrSamPT.com in asserting any available defenses.

Liability Disclaimer

The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. DrSamPT.com and/or its suppliers may make improvements and/or changes in the site at any time. 

DrSamPT.com and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. DrSamPT.com and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. 

To the maximum extent permitted by applicable law, in no event shall DrSamPT.com and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if DrSamPT.com or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site. 

Your acceptance of this Disclaimer

By using our Website, Programs, Products and Services you implicitly signify your agreement to all parts of the above Disclaimer. If you do not agree with this Website Disclaimer, please do not use our Website or its Content.

Contact Us

If you have any questions about this Disclaimer, please contact us here: Contact Form

Last updated: Effective as of May 1st, 2018