Terms and Conditions

1. Acceptance and Binding Agreement

These Terms and Conditions (the "Terms") constitute a binding legal agreement between you and OC PT Directory ("OC PT Directory," "we," "us," or "our") that governs your access to and use of the website located at orangecountyphysicaltherapy.com, all subdomains, and any related services, content, features, tools, or functionality we make available (collectively, the "Site"). These Terms incorporate by reference our Privacy Policy and, where applicable to advertisers, our Advertise With Us Terms.

By accessing, browsing, registering, submitting content, claiming a listing, advertising, or otherwise using the Site in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to any provision of these Terms, you must not use the Site.

2. Definitions

"Content" means any information, listings, text, data, descriptions, reviews, ratings, photographs, graphics, logos, code, or other material that appears on, is uploaded to, is transmitted through, or is otherwise made available via the Site, whether posted by us, by Listed Providers, or by Users. "Listed Provider" means any physical therapy clinic, physical therapist, related healthcare provider, or related business that appears in the Site's directory, whether as a free listing, a claimed listing, a Featured Listing, or otherwise. "User" or "you" means any person who accesses or uses the Site, regardless of capacity. "User Content" means any Content submitted, posted, transmitted, or otherwise contributed by a User.

3. Description of the Site

The Site is an online directory of physical therapy clinics located in Orange County, California, and surrounding areas. We compile, organize, and present listings drawn from public sources, including without limitation the California Physical Therapy Board license registry, Google Business Profile, publicly available business information, and information submitted by Listed Providers, their representatives, or members of the public. We organize listings by city, body part, condition, specialty, treatment technique, and other categorizations to help patients find providers.

The Site is a directory and informational resource only. It is not a medical service, a referral service, a booking platform, a credentialing service, an insurance verification service, an emergency medical service, or a healthcare provider of any kind.

4. Eligibility

The Site is intended for users who are at least eighteen (18) years of age and have the legal capacity to enter into binding contracts. By using the Site, you represent and warrant that you meet these requirements. Persons under 18 may use the Site only with the involvement and supervision of a parent or legal guardian who agrees to these Terms on their behalf. We may, at our sole discretion, refuse access to any person.

5. No Doctor-Patient or Therapist-Patient Relationship

Use of the Site does not create a doctor-patient relationship, a physical-therapist-patient relationship, or any other professional healthcare relationship between you and OC PT Directory, between you and any Listed Provider, or between you and any author of Content on the Site. A professional healthcare relationship is established only when you personally engage a licensed clinician through that clinician's own intake and evaluation process. The Site does not, and cannot, perform that function.

6. Not Medical Advice; Emergency Notice

NOTHING ON THE SITE CONSTITUTES MEDICAL, CLINICAL, DIAGNOSTIC, THERAPEUTIC, OR PROFESSIONAL HEALTHCARE ADVICE. Content on the Site, including listings, descriptions of body-part regions, named conditions, clinical specialties, treatment techniques, and any guides or articles, is general information only. It is not a substitute for professional medical advice, diagnosis, or treatment from a licensed healthcare provider. Always seek the advice of a qualified, licensed healthcare provider with any questions you may have regarding a medical condition, symptom, treatment, medication, or course of care. Never disregard professional medical advice or delay seeking it because of anything you have read on the Site.

If you are experiencing a medical emergency, call 911 or your local emergency number immediately. Do not rely on the Site for any urgent or emergency medical information or referrals.

7. No Verification, No Endorsement, No Recommendation

We do not independently verify, validate, endorse, recommend, or warrant any Listed Provider, its staff, its credentials, its licensure, its services, its treatments, its outcomes, its insurance acceptance, its disciplinary history, its malpractice history, its insurance coverage, its quality of care, or its suitability for any particular patient or condition. Listings on the Site are compiled from public sources and from information submitted by or about Listed Providers; the appearance, ordering, grouping, labeling, rating, or featured placement of any Listed Provider does not imply any recommendation, endorsement, certification, or verification by OC PT Directory.

You are solely responsible for selecting, evaluating, vetting, and engaging any Listed Provider. Before scheduling care, undergoing treatment, paying any fee, or otherwise engaging with any Listed Provider, you should independently verify the provider's current licensure (via the California Physical Therapy Board at search.dca.ca.gov or the appropriate licensing authority), credentials, scope of practice, insurance acceptance, services, and reputation. OC PT Directory disclaims any and all liability arising from any patient-provider interaction, treatment, outcome, or dispute.

8. HIPAA Awareness — Do Not Submit Protected Health Information

OC PT Directory is not a Covered Entity or Business Associate under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") with respect to operation of the Site. Communications submitted through the Site, including via contact forms, claim-listing forms, submit-a-clinic forms, or email, are not protected by HIPAA and may be reviewed, processed, retained, or disclosed by us in accordance with these Terms and our Privacy Policy.

Do not submit Protected Health Information ("PHI"), patient names, patient initials, medical record numbers, dates of service, diagnostic codes, treatment notes, photographs of injuries or conditions, or any other personally identifiable health information through the Site. If you are a Listed Provider or a representative of a Listed Provider, you are responsible for complying with HIPAA and all applicable privacy laws when interacting with the Site, including by not transmitting any patient PHI to us.

9. Accuracy of Listing Information

We make commercially reasonable efforts to keep listing information accurate and current, but we make no representation or warranty of any kind, express or implied, as to the accuracy, completeness, timeliness, currency, or reliability of any Content on the Site, including any Listed Provider's name, address, phone number, hours of operation, services offered, treatment techniques, insurance acceptance, clinician roster, prices, or any other listing data. Information may be outdated, incomplete, contain errors, or no longer reflect a Listed Provider's current operations. Confirm all material details directly with the Listed Provider before relying on them for any purpose.

10. Featured Listings and Advertising Disclosure

Certain Listed Providers may be paid advertisers on the Site. All paid placements are clearly labeled as "Featured" or with substantially similar designation in compliance with the Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 C.F.R. Part 255). Paid placement affects only the visual prominence and ordering of a listing and does not imply any editorial recommendation, quality judgment, clinical endorsement, or verification by OC PT Directory. Outbound links from paid placements use rel="sponsored" attribution. Terms governing advertising relationships are set out in our Advertise With Us Terms.

11. User Content and License

You may submit User Content to the Site through forms, including but not limited to clinic submissions, listing claims, listing corrections, contact inquiries, and advertising inquiries. By submitting User Content, you grant OC PT Directory a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, fully sublicensable, and transferable license to use, reproduce, modify, adapt, translate, publish, distribute, publicly display, publicly perform, host, store, archive, and create derivative works from such User Content, in any media now known or later developed, for any purpose related to operating, marketing, improving, or transferring the Site or our business.

You represent and warrant that: (a) you own or have the necessary rights, licenses, consents, and permissions to submit the User Content and to grant the license set forth above; (b) the User Content is accurate to the best of your knowledge; (c) the User Content does not infringe any copyright, trademark, trade secret, right of publicity, right of privacy, contractual right, or any other right of any third party; and (d) the User Content complies with all applicable laws and these Terms. We may, but have no obligation to, review, edit, reject, modify, or remove User Content at our sole discretion at any time and without notice.

12. Reviews, Ratings, and Anti-Manipulation Policy

If and when the Site enables user reviews or ratings of Listed Providers, the following rules apply: (a) reviews must reflect the genuine first-hand experience of the reviewer; (b) reviewers must disclose any material connection to the Listed Provider, including without limitation employment, contractor status, ownership, family relationship, board membership, or receipt of consideration in exchange for the review, in accordance with FTC guidance; (c) reviewers must not post fabricated, false, or fraudulent reviews, whether positive or negative; (d) businesses, their owners, employees, family members, contractors, or paid third parties must not post reviews of the business or of competitors without clear and conspicuous disclosure; (e) OC PT Directory prohibits the buying, selling, soliciting-for-pay, exchanging, suppressing, or republishing of reviews in violation of the Federal Trade Commission's Trade Regulation Rule on the Use of Consumer Reviews and Testimonials (16 C.F.R. Part 465).

We reserve the absolute right to remove or refuse any review that we believe in our sole discretion violates this policy or these Terms. We do not guarantee that any review accurately reflects the reviewer's experience or the Listed Provider's services. Reviews are User Content and are subject to Section 11 of these Terms.

13. Intellectual Property

The Site and its Content, including without limitation the "OC PT Directory" name and mark, the Site's logo and visual identity, the underlying compilation and database of listings, the structure and organization of the directory, all original text, articles, guides, photographs, graphics, illustrations, software code, design elements, and the look and feel of the Site, are owned by OC PT Directory or its licensors and are protected by United States and international copyright, trademark, trade dress, and other intellectual property laws.

We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Site for your personal, non-commercial use, subject to these Terms. No other license or right is granted, by implication, estoppel, or otherwise. Except as expressly permitted, you may not reproduce, republish, modify, distribute, sell, lease, license, frame, mirror, scrape, crawl, harvest, data-mine, reverse engineer, decompile, or otherwise exploit the Site or its Content, in whole or in part, by any means, without our prior written consent.

14. Trademarks and Nominative Use

Names, marks, logos, service marks, trade dress, and other identifying material of Listed Providers and other third parties referenced on the Site are the property of their respective owners. Their appearance on the Site is for nominative-use purposes only — to identify the Listed Provider — and does not imply any sponsorship, endorsement, partnership, affiliation, or authorization by or with the trademark owner. Any unauthorized use of OC PT Directory's marks is strictly prohibited.

15. Third-Party Links and Content

The Site contains links to and incorporates content from third-party websites, applications, and services, including without limitation Listed Provider websites, online booking platforms, mapping services, payment processors, and review platforms. We do not control, endorse, sponsor, or assume responsibility for the content, products, services, accuracy, opinions, advertising, or practices of any third party. Links and references are provided for convenience only. Your access to and use of any third-party site or service is at your own risk and is governed by the terms and policies of that third party.

16. Acceptable Use; Prohibited Conduct

You agree to use the Site only for lawful, personal, non-commercial purposes consistent with these Terms. You agree that you will not:

• scrape, crawl, harvest, data-mine, copy, or otherwise extract listings, Content, or data from the Site at scale, except as expressly permitted by our robots.txt and as consistent with applicable law;
• use the Site or any Content for any commercial purpose, including the construction of a competing directory or database, without our prior written consent;
• use any data obtained from the Site to train, fine-tune, benchmark, evaluate, or develop any machine-learning, artificial-intelligence, large-language, or generative model without our prior express written consent;
• violate any applicable federal, state, local, or international law, regulation, rule, or court order, including without limitation laws regarding intellectual property, defamation, false advertising, consumer protection, healthcare advertising, privacy, or data protection;
• reverse engineer, decompile, disassemble, or attempt to derive the source code of, or any underlying ideas, algorithms, or trade secrets relating to, the Site;
• circumvent, disable, or interfere with security-related features, access controls, rate limits, or features that prevent or restrict use of, or copying of, Content;
• upload, post, transmit, or otherwise make available any Content that is unlawful, defamatory, libelous, fraudulent, deceptive, infringing, harmful, harassing, threatening, abusive, hateful, racially or ethnically offensive, obscene, sexually explicit, or otherwise objectionable;
• submit Protected Health Information or any data that you do not have the legal right to submit;
• impersonate any person or entity, including by misrepresenting your affiliation with a Listed Provider, with OC PT Directory, with a healthcare professional, or with any other person or organization;
• collect or store personal data about other Users without their express consent;
• use the Site to send unsolicited commercial email, spam, marketing materials, or other unsolicited communications, in violation of the CAN-SPAM Act of 2003 (15 U.S.C. § 7701 et seq.) or similar laws;
• interfere with or disrupt the integrity, performance, security, or operation of the Site or any networks connected to the Site, including by introducing viruses, trojan horses, worms, time bombs, or any code designed to disrupt or impair the Site;
• encourage or enable any third party to engage in any of the foregoing.

Violation of this Section 16 may result in immediate termination of your right to use the Site, removal of your User Content, referral to law enforcement, civil legal action, and any other remedy available to OC PT Directory.

17. Section 230 Safe Harbor; User Content Disclaimer

OC PT Directory is an interactive computer service provider within the meaning of Section 230 of the Communications Decency Act, 47 U.S.C. § 230. Information provided by Listed Providers, their representatives, Users, or any third party constitutes information provided by another information content provider. OC PT Directory is not the publisher or speaker of such information and shall not be treated as such. Any legal claim arising out of or relating to such third-party information is solely against the third party who provided it, not against OC PT Directory.

18. Copyright Complaints (DMCA)

We respect the intellectual-property rights of others and comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512. If you believe in good faith that material on the Site infringes your copyright, you may submit a written notice ("DMCA Notice") to our designated agent containing all of the following:

• a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
• identification of the copyrighted work claimed to have been infringed;
• identification of the material that is claimed to be infringing or to be the subject of infringing activity, with information reasonably sufficient to permit us to locate the material on the Site;
• information reasonably sufficient to permit us to contact you (name, address, telephone number, email);
• a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• a statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

DMCA Notices must be sent to support@orangecountyphysicaltherapy.com with subject line "DMCA Notice." Counter-notifications follow the procedure in 17 U.S.C. § 512(g) and may be sent to the same address. Repeat infringers may be terminated from access to the Site in our sole discretion.

19. Right to Remove Content; Right to Modify or Discontinue Service

OC PT Directory reserves the absolute right, at its sole discretion, with or without cause, with or without notice, and without liability of any kind, to: (a) remove, edit, modify, refuse to publish, or disable access to any Content, listing, review, claim, advertisement, User Content, or other material on the Site; (b) suspend, restrict, or terminate any User's access to the Site, including any registered account or any Listed Provider's claimed listing; (c) refuse service to any person; (d) modify, update, suspend, discontinue, or remove any feature, functionality, listing category, geographic scope, content, or service of the Site, in whole or in part; and (e) terminate or alter any advertising relationship in accordance with the Advertise With Us Terms.

20. Privacy

Your use of the Site is also governed by our Privacy Policy, which describes how we collect, use, share, and protect information. The Privacy Policy is incorporated into these Terms by reference. If you are a California resident, you have specific rights under the California Consumer Privacy Act, as amended by the California Privacy Rights Act, Cal. Civ. Code § 1798.100 et seq. We do not sell your personal information.

21. Commercial Email (CAN-SPAM)

Any commercial email sent by OC PT Directory will comply with the CAN-SPAM Act of 2003 (15 U.S.C. § 7701 et seq.), including accurate header information, identification as an advertisement where applicable, a valid physical postal address, and a clear and functional mechanism to opt out of future commercial email. You may opt out of commercial email at any time by replying with "unsubscribe" or by using any opt-out link we provide.

22. Disclaimer of Warranties

THE SITE, INCLUDING ALL CONTENT, LISTINGS, FEATURES, FUNCTIONALITY, TOOLS, AND SERVICES, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OC PT DIRECTORY AND ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION:

• THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND QUIET ENJOYMENT;
• ANY WARRANTY THAT THE SITE OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE;
• ANY WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS;
• ANY WARRANTY REGARDING THE QUALITY, SAFETY, LEGALITY, LICENSURE, OR EFFECTIVENESS OF ANY LISTED PROVIDER OR THE SERVICES OF ANY LISTED PROVIDER;
• ANY WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OC PT DIRECTORY OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

23. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OC PT DIRECTORY OR ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, INCOME, BUSINESS, DATA, USE, GOODWILL, BUSINESS OPPORTUNITY, REPUTATION, OR HEALTH OUTCOMES, ARISING OUT OF OR IN CONNECTION WITH (a) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE; (b) ANY CONTENT OR LISTING ON THE SITE, INCLUDING ANY ERRORS, INACCURACIES, OR OMISSIONS; (c) ANY INTERACTION WITH OR SERVICES PROVIDED BY ANY LISTED PROVIDER; (d) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; OR (e) ANY OTHER MATTER RELATING TO THE SITE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), 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 FOR ALL CLAIMS, WHETHER CUMULATIVE OR PER-CLAIM, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE, SHALL NOT EXCEED THE GREATER OF (i) ONE HUNDRED UNITED STATES DOLLARS (US $100) OR (ii) THE TOTAL AMOUNT, IF ANY, YOU HAVE PAID TO OC PT DIRECTORY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY OR EXCLUSIONS OF DAMAGES; IN THOSE JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

24. Indemnification

You agree to 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, causes of action, suits, proceedings, damages, losses, liabilities, judgments, awards, settlements, fines, penalties, costs, and expenses (including reasonable attorneys' fees and costs of investigation and defense) arising out of or in connection with: (a) your access to or use of the Site; (b) your violation of these Terms or any applicable law or regulation; (c) your User Content, including any claim that your User Content infringes any third-party intellectual property right, right of privacy, right of publicity, or other right; (d) your interaction or dispute with any Listed Provider, including any claim arising from services you receive or do not receive from a Listed Provider; (e) your gross negligence or willful misconduct; and (f) any misrepresentation made by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with our defense. You shall not settle any matter affecting our rights or interests without our prior written consent.

25. Release of Claims

By using the Site, you expressly and irrevocably release, waive, and discharge OC PT Directory and its officers, members, managers, employees, agents, affiliates, and licensors from any and all claims, demands, actions, causes of action, damages, liabilities, costs, and expenses of any kind, whether known or unknown, suspected or unsuspected, foreseen or unforeseen, arising out of or in connection with: (a) your selection of, interaction with, treatment by, payment to, or dispute with any Listed Provider; (b) any outcome, result, or consequence of any physical therapy, evaluation, recommendation, or other service provided by or through any Listed Provider; (c) any reliance you place on Content, listings, ratings, reviews, or other information appearing on the Site; and (d) any dispute between you and any Listed Provider, third party, or other User.

If you are a California resident, you expressly waive the protections of California Civil Code section 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

26. Force Majeure

OC PT Directory shall not be liable for any failure or delay in performance of these Terms or any obligations relating to the Site that result from causes beyond our reasonable control, including without limitation acts of God, natural disasters, pandemics or epidemics, war, terrorism, riot, civil unrest, government action, regulatory change, labor disputes, telecommunications or internet failures, cyber attacks, denial-of-service attacks, power outages, fire, flood, earthquake, or other similar events.

27. Termination and Survival

We may suspend, restrict, or terminate your access to the Site at any time, in our sole discretion, with or without notice, for any reason or no reason, including for any actual or suspected violation of these Terms. Upon termination, your right to access and use the Site ceases immediately. Sections intended by their nature to survive termination, including Sections 7, 11, 13, 17, 19, 22, 23, 24, 25, 30, 31, 32, and 35, shall survive any termination of these Terms.

28. Modifications to These Terms

OC PT Directory reserves the right, at its sole discretion, to modify, update, supplement, or replace these Terms at any time. We will indicate revisions by updating the "Effective" date at the top of this page. Material changes will be flagged on the Site where reasonably practicable. Your continued access to or use of the Site after any revision constitutes your acceptance of the revised Terms. If you do not agree to a revised version of these Terms, your sole remedy is to discontinue use of the Site. It is your responsibility to review these Terms periodically.

29. Governing Law and Venue

These Terms and any dispute arising out of or relating to these Terms or the Site (a "Dispute") shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act shall govern the interpretation and enforcement of Section 30. Subject to the arbitration provisions in Section 30, any Dispute that is not subject to arbitration, or for which a court of competent jurisdiction is required to grant injunctive or equitable relief, shall be brought exclusively in the state or federal courts located in Orange County, California, and each party irrevocably consents to the personal jurisdiction and venue of such courts and waives any objection based on forum non conveniens.

30. Mandatory Arbitration; Class Action and Jury Trial Waiver

PLEASE READ THIS SECTION CAREFULLY. IT LIMITS THE WAY YOU CAN SEEK RELIEF FROM OC PT DIRECTORY AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

Informal resolution. Before initiating arbitration, you must send written notice of the Dispute to support@orangecountyphysicaltherapy.com describing the nature and basis of the claim and the relief sought. We shall have sixty (60) days from receipt of your notice to attempt to resolve the Dispute informally.

Binding arbitration. If informal resolution does not succeed, any Dispute, except as expressly excepted below, shall be resolved exclusively by final and binding individual arbitration administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures then in effect, with arbitration conducted in Orange County, California, or by videoconference at the arbitrator's discretion. The arbitration shall be conducted by a single neutral arbitrator selected in accordance with JAMS rules. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., shall govern the interpretation and enforcement of this arbitration agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes regarding the interpretation, applicability, enforceability, or formation of this arbitration agreement.

Class, collective, and representative action waiver. YOU AND OC PT DIRECTORY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING. Further, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If this class-action waiver is found unenforceable as to any particular claim, then that claim, and only that claim, shall proceed in court, and the remainder of this Section 30 shall remain in full force and effect.

Jury trial waiver. YOU AND OC PT DIRECTORY EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO TRIAL BY JURY.

Exceptions. Either party may bring an individual claim in small-claims court for any Dispute within that court's jurisdiction. Either party may also seek temporary, preliminary, or permanent injunctive or equitable relief in court for the alleged infringement, misappropriation, or violation of the party's intellectual-property rights, notwithstanding this Section 30.

Thirty-day arbitration opt-out. You may opt out of the arbitration agreement contained in this Section 30 by sending written notice to support@orangecountyphysicaltherapy.com with the subject line "Arbitration Opt-Out" within thirty (30) days of your first use of the Site. The notice must include your full name, address, and a clear statement that you wish to opt out. Opting out of arbitration does not affect any other provision of these Terms.

31. Statute of Limitations

You agree that any cause of action arising out of or related to the Site or these Terms must be filed within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

32. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be modified to the minimum extent necessary to render it valid, legal, and enforceable, and the remaining provisions shall continue in full force and effect.

33. No Waiver

Our failure or delay to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. No waiver of any provision shall be effective unless in writing and signed by an authorized representative of OC PT Directory.

34. Assignment

You may not assign or transfer these Terms or any rights or obligations under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. Any attempted assignment or transfer in violation of this provision is void. We may freely assign or transfer these Terms, in whole or in part, including in connection with any merger, consolidation, sale of assets, change of control, financing transaction, bankruptcy proceeding, or successor-in-interest situation. These Terms shall be binding upon and inure to the benefit of the parties and their permitted successors and assigns.

35. No Third-Party Beneficiaries

These Terms are for the sole benefit of you and OC PT Directory and their respective successors and permitted assigns, and they shall not be construed to confer any rights, benefits, remedies, obligations, or liabilities to any third party.

36. Entire Agreement

These Terms, together with our Privacy Policy, our Advertise With Us Terms (if applicable to you), and any other policies or terms expressly incorporated by reference, constitute the entire agreement between you and OC PT Directory regarding the Site and supersede all prior agreements, communications, and proposals, whether oral or written, regarding the subject matter hereof.

37. Notices

Notices to OC PT Directory shall be sent in writing to support@orangecountyphysicaltherapy.com. Notices to you may be provided by posting on the Site, by email to any address you have provided to us, or by any other reasonable means. You agree that electronic communications satisfy any legal requirement that such communications be in writing.

38. Headings

Section headings in these Terms are for convenience of reference only and shall not affect the interpretation of any provision.

39. Contact

Questions, comments, complaints, DMCA notices, arbitration opt-out notices, and other inquiries related to these Terms or the Site may be sent to support@orangecountyphysicaltherapy.com.