Terms & Conditions of Use

These terms of use are entered into by and between You and Kaylee Pobocik, LLC. The following terms and conditions (“conditions of use”) govern your access to and use of any content, functionality, and services offered on or through www.kayleepobocik.com, whether as a guest or a registered user. This website is owned and managed by Kaylee Pobocik, LLC (“Kaylee Pobocik,” “me,” “my,” or “I”). By using this website, you agree to the conditions of use and the privacy policy. If you do not agree, do not use this website. Please read it carefully.

1.  Acceptance & agreement to be bound.

By using this website, you agree to allow Kaylee Pobocik, LLC to collect, use, and disclose your information under the terms explained in the privacy policy. Kaylee Pobocik, LLC may change these conditions of use without notice, and your continued use of the website signifies that you agree to be bound by any changes.

These conditions of use govern your access to and use of the websites, products, data, services, and Content provided to you on, from, or through this website, any of my software, and any applications created by Kaylee Pobocik, LLC whether available through a social networking site or its subsidiaries or affiliated companies (the “Service”).

By accessing or using the Service, you agree to be bound by these conditions of use and the privacy policy. You may use the Service only if you can form a binding contract with me, and only in compliance with these conditions of use, as well as all applicable local, state, national, and international laws, rules and regulations.

This Website is not offered to minors. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Kaylee Pobocik, LLC and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

2.  This website does not provide medical advice.

This website’s content is provided for informational and educational purposes only. This includes the entirety of the website (including text, images, videos, and blogs), Kaylee Pobocik, LLC social media (as it is defined in this website’s privacy policy), and any information obtained from Kaylee Pobocik, LLC licensors or third-parties, and the logos, images, software, videos, text, graphics, photos, sounds, music, audiovisual combinations, interactive features, collections and other materials you may view on, access through, or contribute to the Service. This information is collectively referred to as the website’s “Content.”

Nothing on this website constitutes medical advice.

If you have concerns about any medical condition, diagnosis, or treatment, you should personally consult with a licensed healthcare provider. In case of medical emergency, you should call 911 or go to the nearest emergency room immediately.

This website does not create or constitute a provider-patient relationship between you and Kaylee Pobocik, LLC.

By using this website, you explicitly acknowledge that you understand your use of this website does not create a provider-patient relationship between you and Kaylee Pobocik, LLC. Your use does not create any duty for Kaylee Pobocik, LLC to follow up with you about any medical condition, diagnosis, or treatment.

This website does not provide physical therapy services.

Nothing on this website, in the Content, or in the Service is intended to and does not constitute the practice of physical therapy. The website, the Content, and the Service are for educational purposes only based upon Kaylee Pobocik, LLC’s proficiency in, knowledge of, and experience with the subject matter of the website, the Content, and the Service.

3. Do not provide protected health information to me on www.kayleepobocik.com.

Although Kaylee Pobocik, LLC takes the confidentiality of its visitors and clients seriously as described in the privacy policy, Kaylee Pobocik, LLC’s activities as it relates to this website, the Content, and the Service do not comply with the Health Insurance Portability and Accountability Act (“HIPAA”).

Do not use, provide, transmit, store, or disclose any health information that constitutes protected health information (“PHI”) through this website. Kaylee Pobocik, LLC accepts no affirmative duty to learn whether you provide, transmit, store, or disclose PHI while using this website, the Content, or the Service but if Kaylee Pobocik, LLC has actual knowledge that you are using, providing, transmitting, storing, or disclosing PHI it may revoke your access to the website, the Content and the Service.

If you use, provide, transmit, store, or disclose PHI in connection with this website, the Content, or the Service, you agree to indemnify Kaylee Pobocik, LLC against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorney fees and costs) arising out such use, provision, transmission, storage, or disclosure of PHI.

4.  Permitted use of the Content.

Unless otherwise expressly stated, Kaylee Pobocik, LLC or its licensors owns all of the Content. The Content is protected by United States’ and worldwide copyright laws and treaty provisions.

So long as you comply with these conditions of use, and provided that you do not modify, delete, or change any copyright, trademark, or other proprietary notices, and subject to the conditions of use and privacy policy, Kaylee Pobocik, LLC hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Content and to use the Service.

Except as provided above, you may not copy, reproduce, modify, use, republish, upload, post, transmit, or distribute any of the Content, including any trademarks, names, or logo, and you may not redeliver or present any of the pages, text, images, or the Content using “framing” technology, nor systematically retrieve data, information, or the Content to create a collection, compilation, database, or directory.

All rights not expressly granted are reserved to Kaylee Pobocik, LLC.

5.  Your conduct.

You expressly agree not to deceive, harass, stalk, harm, or exploit any other users; distribute spam; collect or record information about other users; or advertise or solicit others to purchase any product or service. Kaylee Pobocik, LLC reserves the right, but does not have the obligation, to monitor all conduct on the website.

6.  This website in not intended for children.

This website is not intended or designed to attract children under the age of 18. Kaylee Pobocik, LLC does not collect personally identifiable information from any person known by Kaylee Pobocik, LLC to be a child under the age of 18. Should Kaylee Pobocik inadvertently come to possess personally identifiable information about a child under the age of 18, Kaylee Pobocik, LLC will not knowingly disclose contact information relating to a child under the age 18 to any third-party.

7.  Disclaimer of liability and no warranty.

All information in this site is provided on an “as is” basis. Kaylee Pobocik, LLC makes no representations, and no express or implied warranties of any kind, with respect to the content, or the service, or otherwise regarding website or any linked website. To the full extent permitted by law, Kaylee Pobocik, LLC disclaims all warranties (express or implied), including but not limited to warranties of merchantability, fitness for a particular purpose, tilt, and non-infringement. 

Kaylee Pobocik, LLC gives no warranty as to the accuracy, reliability, completeness, timeliness, or availability of this website or the content or of any linked website. 

By using this website, you signify that you assume the risk of accessing and using the information it provides. We do not guarantee the accuracy of information provided on this website and are not responsible for any errors or omissions in the information provided.

Kaylee Pobocik, LLC is not responsible for visitors’ damage or loss.

You agree that Kaylee Pobocik, LLC is not responsible to you or others for any loss or damages that results from your use (or nonuse) of this website or any linked third-party website. This loss or damage includes, but is not limited to, direct, indirect, special, consequential, compensatory damage, incidental damage, lost profits or data, damages to your computer resulting from viruses, loss of or damage to other property, claims of third parties, or copying or display of this website or its contents. Kaylee Pobocik, LLC is not responsible, regardless of whether Kaylee Pobocik, LLC has been advised or knew or should have known of the possibility of such damages or claims.

Your sole and exclusive remedy against Kaylee Pobocik, LLC is to stop using this website.

Without limiting the preceding paragraphs, you expressly release Kaylee Pobocik, LLC from any responsibility and/or liability relating to your use of this website, linked websites, or information contained in this website or linked websites, including any liability or responsibility pertaining to the use, administration, and the use and/or disclosure of your information in accordance with this website privacy policy.

8.  Information you provide.

Kaylee Pobocik, LLC has the right, but not the duty, to monitor your use of this website, including any information you provide. Any information you send to Kaylee Pobocik, LLC by email may be misdirected or intercepted by unintended recipients, and thus it may not constitute a confidential medium of communication. If you have confidentiality concerns, please consider using an alternative mode of communication and do not transmit any sensitive or confidential information to us via email.

This website provides you the option to communicate with Kaylee Pobocik, LLC through email. This option is provided solely for your convenience, and it may not be secure. By using it, you agree that Kaylee Pobocik, LLC is not responsible for the privacy of any email messages. Kaylee Pobocik, LLC does not warrant the confidentiality or security of any email transmission.

You are responsible for all information you send through this website. This means that you agree not transmit information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invades the privacy of another person, or any other information that violates any law or confidentiality agreement. Kaylee Pobocik, LLC may edit, delete, modify, or ban such information, and/or take necessary legal action.

9.  Links to third-party websites.

Kaylee Pobocik, LLC may provide links to third-party websites:

This website occasionally provides links to third-party websites. By clicking on these links, you agree that Kaylee Pobocik, LLC is not responsible and does control any information on these websites. Third-party websites are unrelated to, and not maintained by, Kaylee Pobocik, LLC.

By clicking on such links, you agree that Kaylee Pobocik, LLC is not responsible for their content, regardless of whether your access is provided by Kaylee Pobocik, LLC or by another third-party. Kaylee Pobocik, LLC does not warrant the accuracy, timeliness, or suitability of the content of any third-party website.

By providing a link to a third-party website, Kaylee Pobocik, LLC does not endorse the products or services of that linked websites, nor does it endorse the third-party website’s sponsoring organization. Your sole and exclusive remedy for claims arising from any such third-party products or services is against the third-party provider, and not Kaylee Pobocik, LLC.

Third-party websites may provide links to Kaylee Pobocik, LLC:

Kaylee Pobocik, LLC hereby grants third-party websites the limited right to link to its website. This limited license does not grant the right to “framing” of the Content or grant any other activity that could create a misimpression or confusion among users with respect to sponsorship or affiliation.

10.      Submissions of information.

Do not send Kaylee Pobocik, LLC any ideas, suggestions, materials, concepts, or other information (collectively “Information”) relating to the website. If you violate this policy and do send Information to Kaylee Pobocik, LLC, that Information will become Kaylee Pobocik, LLC’s property. This means that Kaylee Pobocik, LLC will have unrestricted use of it for its personal and commercial purposes. You will not be compensated, and Kaylee Pobocik, LLC will not be liable to you or any other provider of the Information.

If you send Information to Kaylee Pobocik, LLC, you agree:

·      to waive your rights in any Information;

·      to warrant that it is original to you;

·      that you have the right to submit it to Kaylee Pobocik, LLC, and

·      that you have no recourse against Kaylee Pobocik, LLC for any alleged or actual infringement or misappropriation of any proprietary right in any Information.

Kaylee Pobocik, LLC is not obligated to maintain the confidence of any Information submitted, and Kaylee Pobocik, LLC disclaims any liability that may result from its disclosure of any Information submitted in violation of its policy.

You further agree not to:

·      Transmit any Information that contains any viruses or other computer programming routines that may damage, interfere with, intercept, or take any system, data, or personal information;

·      Impose an unreasonably large amount of Information on this website or otherwise interfere with or inhibit any other user from using or enjoying this website;

·      Transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communications;

·      Access, use, or copy any portion of the Content using automated mechanisms, such as bots, spiders, scrapers, web crawlers, or indexing agents; and/or

·      Impersonate another person, or allow any other person or entity to use your identification for interacting on Kaylee Pobocik, LLC’s social media, as defined in its privacy policy.

11.      Indemnification of Kaylee Pobocik, LLC for claims arising from your use of the website.

You agree to indemnify Kaylee Pobocik, LLC against any damages, losses, liabilities, judgments, costs, or expenses (including reasonable attorney fees and costs) arising out of any third-party’s claims that relate to your use of this website.

12.      Operation of the website.

Kaylee Pobocik, LLC makes all reasonable efforts to keep this website operational and available for access on a 24-hour-a-day, seven-day-a-week basis. This is occasionally subject to scheduled downtime for maintenance purposes, unscheduled maintenance, and systems outages.

Kaylee Pobocik, LLC, however, does not provide any assurance or warranty that:

·      access will always be available;

·      service will be uninterrupted;

·      its operation will be error-free;

·      defects will be corrected; or

·      the servers that operate the website are free from viruses or other harmful components.

You agree to assume the entire cost of all servicing, repair, or correction to your property arising from your use.

13.      Privacy and security.

Kaylee Pobocik, LLC makes every effort to comply with all applicable laws that concern the privacy of online communications. By using this website, however, you acknowledge that the Internet is neither more nor less secure than other communications media, including mail, facsimile, and telephone services, all of which can be intercepted and otherwise compromised.

As a matter of prudence, you are urged to assume that all internet communications are unsecure. To learn more about how Kaylee Pobocik, LLC maintains the privacy and security of its website visitors, please read the privacy policy.

14.      Proprietary rights.

Kaylee Pobocik, LLC’s website Content is protected by applicable copyrights, trademarks, service marks, patents, or by other proprietary rights and laws. By using the website, you agree not to sell, license, rent, modify, copy, distribute, reproduce, transmit, redistribute, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Content. Your use of the Content for any purpose that is not expressly permitted in the privacy policy or these conditions of use is prohibited.

Reproduction, replication, or redistribution for commercial purposes of any of the Content is prohibited.

15.      Health disclaimer.

You agree that Kaylee Pobocik, LLC is not responsible for any injuries that you sustain from participation in any of the activities depicted on the on the website or through the Content or the Service. You expressly waive any claim for any injury at any time against Kaylee Pobocik, LLC, or any person or entity involved with Kaylee Pobocik, LLC, including, without limitation, its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates, and representatives.

Your use of the website, the Content, and/or the Service evidences your understanding that physical exertion may result in physical or mental injury or risk of injury. You further agree that you are solely responsible to exercise within your limits.

You should seek the advice of a physician prior to beginning a phsycal exercise regimen. If you feel faint, dizzy, or have a physical discomfort, stop immediately, and contact your physician. 

Kaylee Pobocik, LLC may suggest a particular technique, use of equipment, pose, move, or instruction, but it is your sole responsibilities to ascertain if such technique, use of equipment, pose, move, or instruction is consistent with your ability and safe for you to do.

16.      No warranty or guarantee of outcome.

Kaylee Pobocik, LLC has made efforts to provide accurate information on the website, the Content, and in the Service. But any testimonial or example on the website or in the Content or the Service does not guarantee that you will receive similar results. Your results will depend on your background, effort, overall health, motivation, desire, and many other factors that are beyond the scope of the website, the Content, or the Service.

Kaylee Pobocik, LLC makes no guarantee and no warranty that you will have any specific result.

17.      Intellectual property infringement.

Kaylee Pobocik, LLC respects intellectual property rights. If you think that material that appears on our website is subject to copywrite or trademark infringement, please provide me with following information: (1) The claimed infringement; (2) reasonably sufficient information to allow Kaylee Pobocik, LLC to locate the claimed infringement on the website; (3) the owner or complaining parties contact information, including name, address, and email address; (4) the signature of the owner; (5) a statement by the owner that the owner has a good faith belief that the use of the copyright or trademark is not authorized by the copyright or trademark owner, its agent, or the law; (6) a statement, under penalty of perjury, that the information is accurate, and you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Note: Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

18.      DMCA takedown notification.

Pursuant to a valid DMCA takedown notice, Kaylee Pobocik, LLC will notify you if I have removed copyright protected material.

19.      No assignment.

The conditions of use and licenses may not be transferred or assigned by you but may be assigned by me without restriction.

20.      Consent for electronic communications.

By providing Kaylee Pobocik, LLC with your email address, you consent to receive unencrypted an unsecured email communications from me. You agree that any notices, agreements, disclosures or other communications that Kaylee Pobocik, LLC provides to you by email satisfies any legal communication requirements.

21.      Applicable law and enforcement of conditions of use.

The laws of the State of New Hampshire, without giving effect to its principles of conflicts of law, govern all adversarial proceedings arising out of these conditions of use. If a website visitor takes legal action against us relating to the website privacy policy or these conditions of use, or relating to the visitor’s interactions with or relationship to Kaylee Pobocik, LLC relating to this website, that visitor agrees to file such action only in the state and federal courts located in the State of New Hampshire.

By using this website, you agree that:

·      if any provision of this agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded;

·      that if an unenforceable provision is modified or disregarded in accordance with this paragraph, then the rest of these conditions of use will remain in effect as written; and

·      that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.

No waiver of any of the privacy policy or these conditions of use shall be effective unless it is in writing and signed by an authorized representative of Kaylee Pobocik, LLC. No such waiver shall be deemed a further or continuing waiver of such term or any other term or condition of use.

The privacy policy and these conditions of use constitute the entire agreement between you and Kaylee Pobocik, LLC, as it relates to your use of this website. It does not create any relationship between you and Kaylee Pobocik, LLC that is not contemplated in these policies.

Geographic Restrictions

The owner of the Website is based in the State of New Hampshire in the United States. I provide this Website for use only by persons located in the United States. I make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

22.      Amendments and modifications.

Kaylee Pobocik, LLC may amend or update the privacy policies, these conditions of use, the Content or the Service at any time without prior notice. If you use this website after any changes, you agree to be bound by the changes.

23.      Affiliate disclaimer.

Pursuant to the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 C.F.R. Part 255 Sections 255.0 through 255.5, some of the links are affiliated links. This means that Kaylee Pobocik, LLC may receive payment if you purchase products or services through such links.

Kaylee Pobocik, LLC only utilizes affiliated links for products or services that its principals have personally used and believes will add value to its visitors.

24.       Entire Agreement

The Terms of Use and Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

25.       Your Comments and Concerns

This website is operated by Kaylee Pobocik, LLC

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: hello@kayleepobocik.com.