Advertise With Us Terms

1. Acceptance

These Advertise With Us Terms (the "Advertiser Terms") form a binding legal agreement between you, as an advertiser ("Advertiser," "you"), and OC PT Directory ("OC PT Directory," "we," "us"), and govern all advertising placements, featured listings, sponsored content, and related services purchased or displayed on the website at orangecountyphysicaltherapy.com (the "Site"). By submitting an order for advertising, by signing an insertion order or service agreement, or by allowing your advertisement to be displayed on the Site, you acknowledge that you have read, understood, and agreed to be bound by these Advertiser Terms and our Terms of Use, which are incorporated here by reference.

2. Definitions

"Advertising" means any paid placement on the Site, including without limitation featured listings, claimed-listing enhancements, sponsored articles, sponsored city or technique guides, newsletter sponsorships, and any other paid content. "Ad Content" means the text, images, video, links, business information, or other creative materials provided by Advertiser for display on the Site. "Placement Period" means the duration for which Ad Content is displayed, as specified in the applicable order or agreement.

3. Advertiser's Full Responsibility for Ad Content

Advertiser is solely and fully responsible for all Ad Content, including without limitation the content's accuracy, truthfulness, completeness, legality, compliance with applicable laws, and freedom from infringement of any third-party right. OC PT Directory does not review, verify, or approve the factual accuracy of Ad Content and assumes no responsibility for doing so.

Advertiser represents and warrants that Ad Content: (a) is truthful and not misleading; (b) does not infringe any trademark, copyright, patent, trade secret, right of publicity, right of privacy, or other third-party right; (c) does not violate any applicable federal, state, or local law, including without limitation consumer-protection, healthcare-advertising, and advertising-to-minors laws; (d) does not contain defamatory, libelous, obscene, discriminatory, or otherwise unlawful material; and (e) accurately describes the services, credentials, and licensure of the Advertiser.

4. FTC Disclosure Compliance

Advertiser shall comply with the Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 C.F.R. Part 255) and all other applicable FTC guidance, including with respect to material connections, health claims, performance claims, earnings or outcome claims, and testimonials. If Ad Content includes testimonials or endorsements from patients or third parties, Advertiser warrants that all required disclosures have been made and that the testimonials reflect genuine experiences typical of, or clearly disclosed as atypical for, the services offered.

Advertiser shall not make any claim on or through the Site that requires substantiation Advertiser cannot provide in writing within 48 hours of our request. We may require Advertiser to provide substantiation for any claim before approving or continuing display of Ad Content.

5. Healthcare Advertising Standards

Advertiser represents that all services advertised on the Site are within the lawful scope of practice of the licensed professionals providing them, and that Advertiser complies with the California Physical Therapy Practice Act (Cal. Bus. & Prof. Code § 2600 et seq.), California Business & Professions Code § 17500 (false and misleading advertising), California Business & Professions Code § 651 (health-professional advertising), and all applicable federal healthcare laws including the Anti-Kickback Statute (42 U.S.C. § 1320a-7b) and Stark Law (42 U.S.C. § 1395nn) where applicable. Ad Content shall not include guarantees of outcomes, success rates, or claims of superiority that cannot be objectively substantiated.

6. Ad Content Standards (Prohibited Content)

Advertiser shall not submit Ad Content that:

• advertises services outside physical therapy, rehabilitation, or closely related health services, unless expressly authorized by us in writing;
• promotes services or products that are illegal in California;
• makes comparative claims against other Listed Clinics without substantiation;
• disparages any specific competitor by name in a manner that could constitute defamation;
• includes testimonials from patients without documented written consent and FTC-compliant disclosures;
• contains malware, phishing content, deceptive links, or tracking pixels not disclosed to us;
• uses images, logos, or creative materials Advertiser does not have the right to use;
• targets minors or makes claims about pediatric outcomes without appropriate substantiation; or
• otherwise violates our community or editorial standards as in effect from time to time.

7. Our Editorial Discretion — Right to Reject or Remove

We reserve the sole and absolute right to accept, reject, modify, or remove any Ad Content or Advertiser relationship at any time, with or without cause, with or without notice, and without liability. Reasons for rejection or removal may include but are not limited to: violation of these Advertiser Terms, violation of applicable law, negative impact on the Site's reputation, inconsistency with our editorial standards, third-party complaints, regulatory inquiries, or any other reason we determine in our reasonable judgment.

If we remove Ad Content for violation of these Advertiser Terms or applicable law, Advertiser shall not be entitled to any refund of fees paid for the affected Placement Period. If we remove Ad Content for reasons unrelated to Advertiser fault, we will refund fees for the unused portion of the Placement Period as our sole obligation.

8. Payment Terms

Advertising fees are specified in the applicable order or service agreement. Unless otherwise agreed in writing: (a) fees are billed in advance; (b) monthly subscriptions auto-renew until cancelled; (c) Advertiser may cancel for any reason at any time, effective at the end of the then-current billing period; (d) all fees are non-refundable except as expressly set forth in Section 7; (e) fees are exclusive of applicable taxes, which Advertiser shall pay; (f) late payments accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is less; (g) chargebacks initiated without prior good-faith attempt to resolve the dispute with us constitute a material breach of these Advertiser Terms.

9. Term and Termination

These Advertiser Terms remain in effect for the duration of any active advertising placement and for so long as Advertiser maintains an account with us. Either party may terminate any monthly advertising arrangement at the end of the then-current billing period by providing written notice. We may terminate immediately for Advertiser's breach of these Advertiser Terms or our Terms of Use. Upon termination, Ad Content shall be removed from the Site, and any provisions intended by their nature to survive (including Sections 3, 10, 11, 12, 13, 15, and 16) shall survive.

10. Advertiser's Indemnification

Advertiser shall defend, indemnify, and hold harmless OC PT Directory and its officers, members, managers, employees, agents, affiliates, and licensors from and against any and all claims, demands, actions, damages, losses, liabilities, settlements, judgments, costs, and expenses (including reasonable attorneys' fees and costs of investigation) arising out of or in connection with: (a) Ad Content, including any claim that Ad Content is inaccurate, misleading, defamatory, or infringing; (b) Advertiser's breach of any representation, warranty, or obligation in these Advertiser Terms; (c) Advertiser's violation of any law, including FTC guidelines, California healthcare-advertising laws, and data-privacy laws; (d) any third-party complaint, regulatory inquiry, or enforcement action arising from Ad Content or from services Advertiser provided to patients who found Advertiser through the Site; and (e) the underlying physical therapy or other services Advertiser provides to any person, including any claim of malpractice, negligence, or professional misconduct.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification, in which case Advertiser shall cooperate with our defense. Advertiser may not settle any matter affecting us without our prior written consent.

11. Disclaimer — No Guarantee of Results

OC PT DIRECTORY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RESULTS OF ADVERTISER'S ADVERTISING ON THE SITE, including without limitation the number of impressions, clicks, phone calls, directions requests, bookings, patients, revenue, or any other metric of performance. Advertising effectiveness depends on many factors outside our control, including Ad Content quality, Advertiser's own services, competitive dynamics, search-engine behavior, and user preferences. Advertiser accepts all risk associated with the performance or non-performance of Advertising.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OC PT DIRECTORY OR ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THESE ADVERTISER TERMS OR ANY ADVERTISING PROVIDED UNDER THEM, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, WARRANTY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY EVENT, OUR AGGREGATE LIABILITY TO ADVERTISER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE ADVERTISER TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY ADVERTISER TO US IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13. Intellectual Property and Content License

Advertiser retains ownership of Ad Content. Advertiser grants OC PT Directory a worldwide, non-exclusive, royalty-free license to host, display, reproduce, modify (for formatting and sizing purposes only), distribute, and promote Ad Content on and in connection with the Site during the Placement Period and for a reasonable archival period after termination. Advertiser warrants it has all rights necessary to grant this license.

Advertiser grants OC PT Directory a perpetual, worldwide, non-exclusive, royalty-free license to use Advertiser's name, logo, and a brief description of the advertising relationship in OC PT Directory's own marketing, press, and investor materials, subject to Advertiser's reasonable brand-guideline requirements.

14. Exclusive Leads (Tier 3) Additional Terms

If Advertiser purchases an "Exclusive Leads" tier or similar lead-routing service, the following additional terms apply: (a) we will route patient inquiries matched to Advertiser's specialty and coverage area subject to our good-faith judgment; (b) we make no guarantee as to lead volume, quality, conversion rate, or patient fit; (c) exclusivity is limited to the specialty, city, and time window specified in the order and does not extend to other advertisers on the Site generally; (d) Advertiser is responsible for timely response to leads and for all communications with the lead recipient; (e) Advertiser may not store, resell, or share lead data with any third party except its own treating providers.

15. Governing Law and Venue

These Advertiser Terms are governed by the laws of the State of Nevada, without regard to its conflict-of-laws principles. Subject to Section 16, any dispute arising out of or relating to these Advertiser Terms shall be brought exclusively in the state or federal courts located in Clark County, Nevada, and Advertiser consents to personal jurisdiction and venue there.

16. Arbitration and Class-Action Waiver

Any dispute, claim, or controversy arising out of or relating to these Advertiser Terms or any Advertising (a "Dispute") shall be resolved exclusively by final and binding individual arbitration administered by JAMS under its Comprehensive Arbitration Rules then in effect, with arbitration conducted in Clark County, Nevada, or by videoconference at the arbitrator's discretion. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs. The arbitrator, not any court, shall decide all issues of arbitrability.

ADVERTISER AND OC PT DIRECTORY EACH WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. Either party may seek injunctive relief in court for intellectual-property infringement notwithstanding this Section 16.

17. Miscellaneous

These Advertiser Terms, together with the applicable order or service agreement and the Terms of Use, constitute the entire agreement between the parties regarding Advertising and supersede any prior agreements. If any provision is found unenforceable, the remaining provisions remain in full force. Our failure to enforce any right shall not be a waiver. Advertiser may not assign these Advertiser Terms without our prior written consent; we may assign them freely, including in connection with any merger, acquisition, or sale of assets.

18. Contact

Questions, notices, and billing inquiries may be sent to ads@orangecountyphysicaltherapy.com.