TERMS OF SERVICE AGREEMENT


Last Updated: 10/15/2025

El Paso Manual Physical Therapy, LLC (“El Paso Manual Physical Therapy,” “EPMPT,” “we,” “our,” or “us”) operates websites and online services, including epmanualphysicaltherapy.com and any related subdomains, communities, learning portals, or program platforms (collectively, the “Website”), as well as online educational programs, group coaching, and digital products (collectively, the “Services”).

By accessing or using the Website or Services, you (“you” or “User”) agree to these Terms of Service (the “Terms”). If you do not agree, do not use the Website or Services.

This is not medical care. Using our online services does not establish a patient-provider relationship. Our Website and Services are for educational and informational purposes only and are not medical advice, diagnosis, treatment, or a substitute for an in-person evaluation by a licensed medical professional. Use of the Website or Services does not create a physical therapist-patient relationship with EPMPT or any of our staff. If you have an emergency, call 911 immediately.

Table of Contents

  1. Eligibility & Accounts 
  2. Description of Services (Free Education & Online Programs) 
  3. Health & Safety Disclaimers 
  4. User Conduct & Community Standards 
  5. Purchases, Subscriptions, Billing & Cancellations 
  6. Trials, Promotions & Program-Specific Terms 
  7. Results & Testimonials; Educational Outcomes Vary 
  8. Intellectual Property; License & Restrictions 
  9. User Content; Feedback 
  10. Third-Party Tools, Links & Integrations 
  11. Privacy 
  12. Disclaimers of Warranties 
  13. Limitation of Liability 
  14. Indemnification 
  15. DMCA / Copyright Policy 
  16. Governing Law; Arbitration; Class Action Waiver 
  17. Termination 
  18. Changes to the Services or These Terms 
  19. Electronic Communications & Signatures 
  20. Assignment 
  21. Force Majeure 
  22. Severability; No Waiver; Entire Agreement 
  23. Contact Information 

1) Eligibility & Accounts

1.1 Age. You must be at least 18 (or the age of majority where you live) to use the Services.
1.2 Account Security. You agree to provide accurate information, keep your login credentials confidential, and promptly notify us of any unauthorized use. You are responsible for all activity under your account.

2) Description of Services (Free Education & Online Programs)

2.1 Free Education. We provide free articles, videos, and resources about musculoskeletal health for general education. These materials are not customized to your condition.
2.2 Online Programs & Group Coaching. Our online programs—including challenges, cohorts, courses, communities, and live group coaching—deliver education on exercise form, training concepts, and general strategies to improve function. Any demonstrations or discussions are generalized, not individualized treatment plans.
2.3 No In-Person Care. Unless you separately enter into a written agreement for in-person clinical services at our clinic, use of the Website or Services does not include physical examinations, individual treatment plans, or clinical documentation.

3) Health & Safety Disclaimers

3.1 Consult Your Clinician. Always consult your physician or licensed healthcare provider before beginning any exercise, wellness, or nutrition program. Stop any activity that causes pain, dizziness, shortness of breath, or other concerning symptoms and seek medical attention.
3.2 No Guarantee of Suitability. We do not represent that any exercise or technique is safe, appropriate, or effective for you. You assume all risks associated with your participation.

4) User Conduct & Community Standards

4.1 Be respectful. No harassment, hate speech, threats, pornographic content, illegal activity, or sharing of others’ private information.
4.2 Security & Integrity. Do not scrape, crawl, hack, reverse engineer, or interfere with the Website. Do not share your login or give others unauthorized access.
4.3 Prohibited Uses. You may not use the Services to advertise competing products/programs, spam users, or post false/misleading claims.

5) Purchases, Subscriptions, Billing & Cancellations

5.1 Payments. Prices are shown at checkout and may be subject to tax. You authorize us and our processors to charge your payment method for the amounts due.
5.2 Subscriptions. If you enroll in a recurring plan, it will auto-renew at the then-current rate until you cancel. You can cancel future renewals at any time in your account settings or by contacting support; cancellations take effect at the end of the current billing period.
5.3 Refunds. Unless expressly stated on a program’s checkout page or order form, all sales are final and non-refundable. Program-specific guarantees (e.g., challenges or promotions) will control where offered and will set eligibility requirements and timelines.
5.4 Chargebacks. You agree not to file a chargeback without first contacting us to resolve the issue. Unfounded chargebacks may result in account suspension and collection of associated fees.
5.5 Price Changes. We may change prices for new terms or renewals with reasonable advance notice or by posting updated pricing on the Website.

6) Trials, Promotions & Program-Specific Terms

6.1 Special Terms. Certain offerings (e.g., challenges, research cohorts, limited-time promotions, or the ability to apply one program’s fee toward another plan) may carry additional or different terms displayed at sign-up or in an order form. Those terms are incorporated by reference and will govern in the event of conflict.
6.2 Eligibility. We may verify eligibility, cap participation, or modify/terminate promotions at our discretion.

7) Results & Testimonials; Educational Outcomes Vary

7.1 No Guarantees. Performance, pain relief, function, weight, or other outcomes vary by individual based on numerous factors (history, adherence, comorbidities, technique, environment, etc.). We do not guarantee any particular result or time frame.
7.2 Testimonials. Testimonials represent individual experiences; they are not typical and are not promises for you.

8) Intellectual Property; License & Restrictions

8.1 Our IP. The Website, videos, curriculum, worksheets, software, logos, trademarks, and other content are owned by EPMPT and/or our licensors and are protected by U.S. and international laws.
8.2 Your Limited License. We grant you a personal, revocable, non-transferable, non-sublicensable license to access and use the Website and paid content for your own non-commercial educational use while your account is active and in good standing.
8.3 Restrictions. You may not copy, share, record, repost, resell, frame, publicly display, perform, distribute, reverse engineer, or create derivative works from our content without prior written permission. Group logins, content leaks, or unauthorized “coaching” using our materials are prohibited.

9) User Content; Feedback

9.1 Your Content. If you post or submit comments, questions, success stories, images, or other materials (“User Content”), you grant EPMPT a worldwide, royalty-free, perpetual, irrevocable, transferable license to use, reproduce, display, distribute, and create derivative works from your User Content in any media for educational, marketing, and operational purposes.
9.2 HIPAA Notice. Do not share protected health information (PHI) in public areas. Our public communities are not HIPAA-compliant repositories.
9.3 Feedback. You assign to EPMPT all rights in suggestions or feedback you provide about the Services.

10) Third-Party Tools, Links & Integrations

We may offer links to third-party websites or use third-party platforms (e.g., payment processors, learning portals, video conferencing). We are not responsible for third-party sites, services, or their terms and policies. Your use is at your own risk.

11) Privacy

Your use of the Services is subject to our Privacy Policy available at https://www.epmanualphysicaltherapy.com/privacy/ (or successor URL). Please review it to understand how we collect, use, and safeguard information.

12) Disclaimers of Warranties

THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, EPMPT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Services will be uninterrupted, secure, or error-free, or that defects will be corrected.

13) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EPMPT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL; OR SERVICE INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) ,000 OR (B) THE AMOUNT YOU PAID TO EPMPT FOR THE SERVICE AT ISSUE IN THE 30 DAYS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

14) Indemnification

You agree to defend, indemnify, and hold harmless EPMPT and our personnel from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your User Content, your violation of these Terms, or your violation of any law or third-party rights.

15) DMCA / Copyright Policy

If you believe content on the Website infringes your copyright, please send a notice with: (a) your signature; (b) the work claimed to be infringed; (c) the material’s location; (d) your contact information; (e) a good-faith statement; and (f) a statement under penalty of perjury that you are authorized to act. Send notices to:

El Paso Manual Physical Therapy, LLC
Attn: DMCA Agent
2601 E. Yandell Drive, Suite 118, El Paso, TX 79903
Email: info@epmanualphysicaltherapy.com
Phone: (915) 503-1314

Counter-notices must satisfy 17 U.S.C. §512 requirements.

16) Governing Law; Arbitration; Class Action Waiver

16.1 Governing Law. Texas law governs these Terms, without regard to conflict-of-law rules.
16.2 Arbitration. Except for claims for injunctive relief or claims that may be brought in small-claims court, any dispute arising out of or relating to these Terms or the Services will be resolved by binding, confidential arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator in El Paso, Texas (or by video/teleconference if both parties agree).
16.3 Individual Claims Only. You and EPMPT waive any right to a jury trial and to participate in a class, consolidated, or representative action. Claims must be brought in an individual capacity.
16.4 Time to Bring Claims. Any claim must be filed within one (1) year after it arises.
16.5 Injunctive Relief. EPMPT may seek injunctive or equitable relief in a court of competent jurisdiction in El Paso County, Texas to protect its IP or confidential information.

17) Termination

We may suspend or terminate your access immediately for any violation of these Terms, non-payment, or suspected fraud/abuse. Upon termination, your license ends and you must cease use of the Services. Sections that by their nature should survive (including 3, 7–16, and 18–22) will survive termination.

18) Changes to the Services or These Terms

We may modify or discontinue any part of the Services. We may update these Terms by posting a revised version with a new effective date. Your continued use after changes constitutes acceptance.

19) Electronic Communications & Signatures

You consent to receive communications electronically and agree that electronic agreements, notices, and records satisfy legal requirements that such communications be in writing.

20) Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms at any time.

21) Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including acts of God, labor disputes, outages, or government actions.

22) Severability; No Waiver; Entire Agreement

If any provision is held invalid or unenforceable, the remaining provisions remain in effect. Our failure to enforce any right is not a waiver. These Terms, together with any program-specific terms and our Privacy Policy, are the entire agreement between you and EPMPT regarding the Services and supersede prior agreements.

Plain-English note: “Invalid provisions do not affect the rest of this agreement” means that if one clause is found unenforceable, the rest still applies.

23) Contact Information

El Paso Manual Physical Therapy, LLC (EPMPT)
Address: 2601 E. Yandell Drive, Suite 118, El Paso, TX 79903
Phone: (915) 503-1314
Email: info@epmanualphysicaltherapy.com
Website: https://www.epmanualphysicaltherapy.com


PRIVACY POLICY

Last Updated: 10/15/2025


El Paso Manual Physical Therapy, LLC (“EPMPT,” “we,” “us,” or “our”) respects your privacy. This Privacy Policy describes how we collect, use, disclose, and safeguard your personal information when you visit our website (epmanualphysicaltherapy.com and related subdomains) or use our online services and programs (collectively, the “Services”).
By accessing or using the Services, you consent to the practices described in this Privacy Policy. If you do not agree, please do not use the Services.

1. Who We Are; Scope; Controller / Data Controller
We are El Paso Manual Physical Therapy, LLC, located at 2601 E. Yandell Drive, Suite 118, El Paso, TX 79903, phone (915) 503-1314, email info@epmanualphysicaltherapy.com.

For purposes of applicable privacy or data protection laws (e.g. GDPR, CCPA, others), EPMPT is the data controller over the personal information collected via the Services.

This Policy applies to personal data collected from visitors, users, customers, and program participants of EPMPT via the Website and Services.

It does not apply to personal data collected offline in the course of in-clinic physical therapy (unless otherwise disclosed separately).

2. What Information We Collect
We collect two broad types of data:
A. Voluntarily Submitted / Provided Information
This is information you actively give us when you do things like:

● Register for an account on our platform

● Enroll in online programs or coaching

● Fill out contact, inquiry, or application forms

● Submit payments or billing information

● Participate in surveys, feedback, or user forums

● Provide testimonials, images, success stories, or engage in community posts


Such information may include:

● Identifiers & contact info: name, email, phone number, postal address

● Account info: username, password (hashed), profile details

● Payment & billing data: credit card, billing address, transaction records

● Health / wellness context (non-medical): e.g. self-reported pain levels, activity history (only if you choose to share)

● User Content & communications: messages, uploaded images/videos, comments, feedback

● Marketing preferences: whether you opt in to receive emails, newsletters, offers

B. Automatically Collected / Technical Information

When you use the Services, we automatically collect information about your device and usage, such as:

● IP address, device type, operating system, browser type

● Pages visited, timestamps, click paths, session duration

● Referring URLs, device identifiers, geographic region (approximate)

● Cookies, web beacons, analytics data, tracking tokens

We and third-party analytics/tracking vendors (e.g., Google Analytics) may collect such technical data to analyze usage, improve the user experience, and maintain the Services.


3. How We Use Your Information
We use your information for purposes including, but not limited to:

● Operating, maintaining, and improving the Website and Services

● Creating and managing user accounts

● Processing payments and managing billing/subscriptions

● Providing you with requested educational content, program access, or responses to inquiries

● Sending you administrative notices, updates, newsletters, or marketing (if you opt in)

● Personalizing content, offers, and communications

● Monitoring and analyzing usage patterns and trends

● Detecting, preventing, and responding to fraud, abuse, or security threats

● Complying with legal obligations (e.g. tax, accounting, litigation)

● Enforcing our rights, policies, and terms (e.g. Terms of Service)


We will process and retain your personal information only as long as necessary to fulfill these purposes, or as required by law, whichever is longer.


4. Legal Basis for Processing (Where Required by Law)

Where applicable under laws such as GDPR, we rely on one or more of the following legal bases:
Consent: where you have given clear permission (e.g. for marketing, cookies)

Contractual necessity: to perform a contract with you (e.g. providing you with a paid program)

Legitimate interests: for business operations such as analytics, security, improving features (so long as your interests don’t override your rights)

Legal compliance: when required by law or regulatory obligation


5. Cookies, Tracking & Similar Technologies

● We use cookies, web beacons, pixel tags, local storage, and similar technologies to collect and store usage/technical data.

● Cookies may be session cookies (expire when browser closes) or persistent cookies (remain until expiration).

● Purposes include: authenticating sessions, remembering preferences, analytics, tracking performance, and improving UX.

● We may allow third-party trackers (e.g. for advertising, retargeting) subject to your consent where required by law.

You can manage or disable cookies through your browser settings — but note some features of our Services may not work properly if cookies are disabled.


6. Disclosure & Sharing of Information
We may share your personal information with:

● Service providers & vendors: third parties who perform services for us (e.g. payment processors, email service providers, hosting, analytics)

● Affiliates & partners: where necessary to support the Services

● Legal & regulatory authorities: when required by law, court order, or to protect rights, property, safety

● Business transfers: if EPMPT is involved in a merger, acquisition, or sale of assets, your data may be transferred (with notice)

● With your consent: we may share data if you explicitly authorize the sharing

● We do not sell or rent your personal information to unaffiliated third parties for marketing purposes (unless we state otherwise and you consent).


7. Data Security & Retention

● We implement reasonable administrative, technical, and physical safeguards to protect your data against unauthorized access, loss, misuse, alteration, or destruction.

● Access to personal data is limited to employees, contractors, or vendors who require it to perform their duties and must abide by confidentiality obligations.

● Nevertheless, no system is 100% secure — we cannot guarantee absolute protection.

● We retain your personal information only as long as needed for the purposes described or required by law. After that, we will securely delete or anonymize it.


8. Your Rights & Choices
Depending on your jurisdiction, you may have the right to:

● Access or obtain a copy of your personal information

● Correct, update, or amend inaccuracies

● Delete or request erasure of your personal data

● Object to or restrict certain processing (e.g. direct marketing, profiling)

● Withdraw consent (for processing that depends on consent)

● Port your data (i.e. data portability)

● Opt out of marketing communications (via unsubscribe links or contacting us)


To exercise your rights, contact us at info@epmanualphysicaltherapy.com or at our mailing address. We may require verification before honoring certain requests.

Note: Some requests may be limited by legal obligations (e.g. we may need to retain transaction or billing records for tax or audit purposes).


9. International Transfers

If you access our Services from outside the U.S., your personal information may be transferred to, stored, or processed in the U.S. (or other countries) where our servers or service providers are located. These jurisdictions may have different data protection laws. When we transfer data internationally, we take appropriate measures (e.g. standard contractual clauses or other safeguards) to ensure your data remains protected in accordance with this Policy.


10. Children’s Privacy
Our Services are not intended for individuals under age 13. We do not knowingly collect or solicit personal information from children under 13. If you believe we have inadvertently collected such data, please contact us to request deletion.


11. Links to Third-Party Sites & External Content
Our Services may contain links to third-party websites, platforms, or services that are not under our control. Their privacy policies govern their handling of personal data; EPMPT is not responsible for their practices. We encourage you to review those third-party privacy policies before providing information.


12. Changes to This Privacy Policy
We may update this Privacy Policy from time to time (e.g. to reflect new services, legal requirements, or improvements). When we make material changes, we will post the updated policy with a new effective date and, if required by law, provide notice by email or prominent notice on our website. Your continued use constitutes acceptance of the updated Policy.


13. Contact & Controller Details
El Paso Manual Physical Therapy, LLC
Address: 2601 E. Yandell Drive, Suite 118, El Paso, TX 79903
Phone: (915) 503-1314
Email: info@epmanualphysicaltherapy.com


If you have questions, requests, or complaints regarding this Privacy Policy or our data practices, please contact us at the information above.


disclosure

Results shared by Dr. David Middaugh, his clients, or participants in El Paso Manual Physical Therapy’s online programs are not typical and are not a guarantee of your success. Dr. Middaugh is a licensed physical therapist and experienced educator. Your results will vary depending on your current condition, effort, consistency, application of the material, and personal background.


We do not know or track the typical outcomes of our students or program participants. Because every individual has unique medical, biomechanical, and lifestyle factors, we cannot guarantee that you will achieve pain relief, avoid surgery, or regain function by applying the strategies discussed in our programs or videos. Consequently, your results may differ significantly from the stories or testimonials shared.


Nothing on this website or in our programs should be interpreted as medical advice, diagnosis, or treatment. All information provided by El Paso Manual Physical Therapy, LLC (“EPMPT”)—whether through articles, videos, courses, or live coaching—is for general educational purposes only. You should consult a qualified healthcare professional before starting any exercise, therapy, or wellness plan.


Any examples, testimonials, or case studies mentioned on this site are provided for informational and illustrative purposes only. They are not intended to represent or guarantee that anyone will experience the same or similar results.
All content, images, and materials on this website and in our programs are the property of El Paso Manual Physical Therapy, LLC. Any reproduction, distribution, or use of the ideas, images, or content expressed herein without the express written consent of EPMPT is strictly prohibited.


Copyright © 2025 El Paso Manual Physical Therapy, LLC. All Rights Reserved.