Terms and Conditions

Effective Date: February 18, 2025

1. Acceptance of Terms

By accessing or using the services provided by Emily PT LLC dba Baseline MX (hereinafter referred to as "Baseline MX," "we," "us" or "our"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to all the Terms, then you may not access or use our services.

2. About Our Services

Baseline MX provides in-person physical therapy services and online courses and coaching aimed at helping individuals fix pain, exercise effectively, and optimize athletic performance.

3. User Accounts

Creation: Users must create an account through our third-party platform, Kajabi, to access certain services.
Usage: You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device.
Termination: We reserve the right to terminate or suspend accounts at our discretion.

4. Payment

Payments for our courses and coaching services are processed through Stripe and PayPal via Kajabi. All subscriptions are subject to the terms of these third-party payment processors.

5. Intellectual Property

Our Content: All content on our site, including but not limited to text, graphics, logos, and images, is the property of Baseline MX and is protected by copyright laws.
User-Generated Content (UGC): By submitting content to us, you grant Baseline MX a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your content in any and all media. You retain ownership of your content, but you agree to allow us to use your content for marketing or other purposes.
Copyright Infringement: If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us at [email protected].

6. Acceptable Use

You agree not to use the services in any way that:

Violates any law or regulation;
Harms or disrupts the service or access by other users;
Posts or transmits content that is defamatory, harassing, or offensive;
Infringes on the rights of others, including intellectual property rights;
Misrepresents your identity or qualifications;
Shares or redistributes course content without permission;
Engages in spamming, unsolicited messaging, or promotion of unrelated content;
Disrupts the learning environment or coaching sessions.

7. No Warranty

Baseline MX provides its services "as is" and "as available" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

8. Liability Limitation

While Emily is a licensed Physical Therapist, the content provided through our online courses and coaching is not physical therapy but advice and coaching aimed at helping customers meet their exercise and fitness goals. This content is not medical advice. Baseline MX shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

Your access to or use of or inability to access or use the services;
Any conduct or content of any third party on the services;
Any content obtained from the services;

9. Dispute Resolution

Any disputes or claims arising out of or relating to these Terms or the use of the Services shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration will take place in Sarpy County, Nebraska, or via remote means if agreed upon by both parties. By agreeing to these Terms, you waive any right to a jury trial or to participate in a class action or collective action.

10. Amendments to Terms

We reserve the right to amend these Terms at any time. Changes will be effective upon posting to the Site or through other notification means we deem appropriate. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. If you do not agree to the revised Terms, you must stop using the Services.

11. Text and Email Communications

Types of Messages: By providing your contact information, you consent to receive text messages and emails from Baseline MX which may include appointment reminders, course updates, promotional offers, and other marketing communications related to our services.
Frequency: You may receive up to 12 messages per month, depending on your interaction with our services. Email frequency will vary based on the events, promotions, or updates but typically will not exceed weekly communications.
Help: For help with text messages, reply "HELP" to any message you receive from us, or contact our support team at [email protected].
Opt-Out: You can opt out of text messages at any time by replying "STOP" to any message from Baseline MX. For emails, you can unsubscribe by clicking the "unsubscribe" link found at the bottom of any marketing email. Note that opting out may affect your ability to receive important service-related communications.
Privacy Policy: For more information on how we handle your personal information, please refer to our Privacy Policy.
Message and Data Rates: Message and data rates may apply to text messages. Check with your carrier for details.

12. Contact Information

If you have any questions about these Terms, please contact us at [email protected].