Terms & Conditions

Xcel Physical Therapy - Terms & Conditions

TERMS OF SERVICE

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE. BY ACCESSING, BROWSING, OR USING THIS WEBSITE OR ANY OF THE SERVICES PROVIDED THROUGH IT, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, INCLUDING ANY POLICIES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST NOT ACCESS OR USE THIS WEBSITE OR ANY RELATED SERVICES.

Effective Date: June 11, 2026

 

ACCEPTANCE OF TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you and Xcel Physical Therapy and Wellness Center, P.C., doing business as Xcel Physical Therapy and Wellness ("Xcel," "we," "our," or "us"), located at:

144 Los Angeles Ave Suite 110
Moorpark, CA 93021

These Terms govern your access to and use of our website, including all associated webpages, content, features, applications, and services available through our website (the "Site").

By accessing or using the Site, you acknowledge that you have read, understood, and agreed to be bound by these Terms.

 

DESCRIPTION OF SERVICES

The Site is operated by Xcel Physical Therapy and Wellness for the purpose of providing information and resources regarding our healthcare and rehabilitation services to physicians, patients, clients, prospective patients, and members of the public.

Anyone who visits, accesses, or uses the Site shall be considered a "User" for purposes of these Terms.

You understand and agree that all services, content, software, applications, features, and functionality made available through the Site are the exclusive property of Xcel Physical Therapy and Wellness Center, P.C. This may include mobile applications, downloadable materials, social media integrations, and other digital services that we may make available from time to time.

Xcel reserves the right, at its sole discretion, to:

  • Modify, update, suspend, or discontinue any portion of the Site or Services;
  • Introduce new products, features, or services;
  • Remove or revise existing content, features, or functionality;
  • Restrict access to any portion of the Site.

Any future enhancements, additions, modifications, or updates shall also be governed by these Terms unless otherwise stated.

You acknowledge and agree that Xcel shall not be liable for any modification, suspension, interruption, or discontinuation of the Site or Services. Continued use of the Site following any updates to these Terms constitutes acceptance of those revisions. Users are encouraged to review these Terms periodically.

If you do not agree with any revised Terms, your sole remedy is to discontinue use of the Site and Services.

 

SERVICE AVAILABILITY

The Site and all Services are provided on an "AS IS" and "AS AVAILABLE" basis. Xcel does not guarantee uninterrupted access to the Site and assumes no responsibility for delays, interruptions, system failures, deleted content, lost communications, or inability to store user information or preferences.

 

PRIVACY POLICY

Your privacy is important to us. Information collected through the Site is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Site, you consent to the collection, storage, processing, and use of information as described in our Privacy Policy, including the transfer of information within the United States or other jurisdictions where our service providers may operate.

Any personal information submitted through the Site will be handled in accordance with applicable privacy laws and our published privacy practices.

Questions regarding privacy matters may be directed to:

Email: info@xcelptmoorpark.com

Mailing Address:
Xcel Physical Therapy and Wellness Center, P.C.
144 Los Angeles Ave Suite 110
Moorpark, CA 93021

Phone: 805-372-0020

 

GLOBAL USE AND COMPLIANCE WITH EXPORT LAWS

Because internet services are accessible worldwide, Users agree to comply with all local, state, federal, and international laws governing online conduct and acceptable use of content.

Users further acknowledge that the transfer, download, upload, or transmission of software, technical information, or technology through the Site may be subject to United States export control laws and regulations, as well as the laws of other countries.

By using the Site, you agree to comply with all applicable export and import regulations, including, without limitation:

  • United States Export Administration Regulations;
  • U.S. economic sanctions programs;
  • Applicable customs and trade laws;
  • Any other relevant governmental restrictions governing technology transfers.

Users may not use the Site in violation of any applicable export or sanctions regulations.

 

USER CONTENT AND LICENSE GRANT

Xcel does not claim ownership of content submitted, posted, uploaded, or otherwise provided by Users through the Site.

However, by submitting content to any publicly accessible area of the Site, you grant Xcel a worldwide, royalty-free, non-exclusive license to use, reproduce, distribute, display, perform, modify, adapt, and publish such content solely for the operation, promotion, and improvement of the Site and Services.

This license applies as follows:

Publicly Posted Content

For text, comments, reviews, testimonials, forum posts, or similar content submitted to public areas of the Site, you grant Xcel the right to display, reproduce, distribute, adapt, and publish that content in connection with providing and promoting the applicable service or feature.

This license remains in effect until such content is removed from the applicable public area, except to the extent copies have already been distributed or archived.

Photos, Videos, Audio, and Graphics

For media content submitted to publicly accessible portions of the Site, you grant Xcel the right to reproduce, display, distribute, adapt, publish, and otherwise use such content for purposes related to the Site and Services.

This license continues until you remove the content or terminate your participation in the applicable service.

Other Submitted Content

For any other content voluntarily submitted through the Site, you grant Xcel a continuing, transferable, sublicensable, royalty-free license to use, reproduce, distribute, modify, publish, translate, publicly display, publicly perform, and incorporate such content into other materials or media formats now known or later developed.

For purposes of these Terms, "publicly accessible areas" include areas intended to be visible to the public or broad groups of users, including discussion boards, public reviews, community forums, and similar interactive features.

 

USER CONTRIBUTIONS AND FEEDBACK

We welcome suggestions, comments, recommendations, ideas, and feedback regarding our Site and Services ("Contributions").

By submitting a Contribution, you acknowledge and agree that:

  1. Your Contribution does not contain confidential or proprietary information;
  2. Xcel is not obligated to maintain any Contribution in confidence;
  3. Xcel may use, disclose, reproduce, modify, distribute, or otherwise exploit any Contribution without restriction;
  4. Any rights associated with the Contribution may become the property of Xcel without further obligation to you; and
  5. Xcel has no obligation to compensate, reimburse, or provide credit for any Contribution submitted voluntarily.

 

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Xcel Physical Therapy and Wellness Center, P.C., its affiliates, officers, directors, employees, contractors, agents, licensors, and representatives from and against any claims, liabilities, damages, losses, expenses, or costs, including reasonable attorneys' fees, arising from:

  • Your use of the Site or Services;
  • Your violation of these Terms;
  • Content submitted by you;
  • Your violation of any law, regulation, or third-party right;
  • Any misuse of the Site by you or any person using your account or device.

This indemnification obligation survives termination of your use of the site.

 

COMMERCIAL USE RESTRICTIONS

Unless expressly authorized in writing by Xcel Physical Therapy and Wellness Center, P.C., you agree not to reproduce, duplicate, copy, distribute, sell, resell, license, rent, lease, or otherwise exploit any portion of the Site, Services, content, materials, or access to the Site for commercial purposes.

Unauthorized commercial use of the Site may result in immediate termination of access and may subject the offending party to legal action.

 

MODIFICATIONS TO SERVICES

Xcel reserves the right, at any time and in its sole discretion, to modify, suspend, discontinue, or remove any portion of the Site, Services, content, features, or functionality, either temporarily or permanently, with or without prior notice.

You agree that Xcel shall not be liable to you or any third party for any modification, interruption, suspension, or discontinuation of any aspect of the Site or Services.

 

ADVERTISING AND THIRD-PARTY PROMOTIONS

From time to time, the Site may contain advertisements, promotional materials, sponsored content, or links to third-party products and services.

Any interactions, transactions, correspondence, purchases, or promotional activities between you and any third-party advertiser or vendor are solely between you and that third party.

Xcel does not guarantee, endorse, warrant, or assume responsibility for any third-party products, services, offers, representations, or content. Any disputes, claims, losses, or damages arising from your dealings with third parties are your sole responsibility.

 

THIRD-PARTY WEBSITES AND LINKS

The Site may contain links to external websites, resources, or services operated by third parties.

These links are provided solely for convenience and informational purposes. Xcel has no control over the content, availability, policies, practices, or accuracy of information contained on third-party websites.

Accordingly, you acknowledge and agree that Xcel:

  • Does not endorse third-party websites or content;
  • Is not responsible for the availability of external sites;
  • Is not liable for any products, services, advertisements, materials, or information provided by third parties;
  • Shall not be responsible for any loss or damage resulting from your use of third-party websites or reliance on their content.

Users access third-party resources entirely at their own risk.

 

INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS

You acknowledge and agree that all content, software, technology, functionality, materials, text, graphics, images, logos, designs, compilations, and other elements of the Site are owned by or licensed to Xcel and are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property laws.

Nothing contained within these Terms shall be interpreted as granting any ownership interest or intellectual property rights to Users.

Except as expressly permitted by applicable law or by written authorization from Xcel, Users may not:

  • Copy, reproduce, distribute, republish, transmit, display, or sell Site content;
  • Create derivative works based on Site materials;
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from any software associated with the Site;
  • Remove copyright, trademark, or proprietary notices;
  • Use Site content for commercial purposes without authorization.

 

LIMITED SOFTWARE LICENSE

Where software, applications, or digital tools are made available through the Site, Xcel grants Users a limited, revocable, non-exclusive, non-transferable license to access and use such software solely for its intended purpose.

This license does not permit Users to:

  • Modify or alter the software;
  • Create derivative works;
  • Reverse engineer or attempt to discover source code;
  • Sell, sublicense, transfer, or assign rights to the software;
  • Circumvent security features or access restrictions.

Any unauthorized use automatically terminates the license granted under these Terms.

Users agree to access the Site and Services only through interfaces and methods authorized by Xcel.

 

WARRANTY DISCLAIMERS

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, SERVICES, CONTENT, SOFTWARE, AND ALL RELATED MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

XCEL PHYSICAL THERAPY AND WELLNESS CENTER, P.C., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY;
  • FITNESS FOR A PARTICULAR PURPOSE;
  • TITLE;
  • ACCURACY;
  • NON-INFRINGEMENT;
  • SECURITY;
  • AVAILABILITY.

WITHOUT LIMITING THE FOREGOING, XCEL DOES NOT WARRANT THAT:

  1. THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS;
  2. THE SITE WILL OPERATE WITHOUT INTERRUPTION;
  3. THE SITE WILL BE ERROR-FREE OR SECURE;
  4. ANY DEFECTS WILL BE CORRECTED;
  5. INFORMATION PROVIDED THROUGH THE SITE WILL BE ACCURATE, COMPLETE, OR RELIABLE;
  6. ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS ACCESSED AT YOUR OWN RISK.

YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA, DAMAGE TO DEVICES, SYSTEM FAILURES, OR OTHER HARM RESULTING FROM USE OF THE SITE OR DOWNLOADED MATERIALS.

NO ORAL OR WRITTEN INFORMATION PROVIDED BY XCEL SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

 

HEALTH AND MEDICAL INFORMATION DISCLAIMER

The content available through the Site is intended solely for informational and educational purposes and should not be interpreted as medical advice, diagnosis, treatment recommendations, or healthcare services.

Use of the Site does not establish a provider-patient relationship.

Users should always consult qualified healthcare professionals regarding medical concerns, diagnoses, treatment options, or healthcare decisions.

In the event of a medical emergency, contact emergency services immediately or seek urgent medical care.

 

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, XCEL PHYSICAL THERAPY AND WELLNESS CENTER, P.C., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO:

  • USE OF OR INABILITY TO USE THE SITE;
  • INTERRUPTION OF SERVICES;
  • LOSS OF DATA;
  • LOSS OF PROFITS;
  • LOSS OF BUSINESS OPPORTUNITIES;
  • LOSS OF GOODWILL;
  • UNAUTHORIZED ACCESS TO USER INFORMATION;
  • THIRD-PARTY CONDUCT OR CONTENT;
  • ERRORS OR OMISSIONS IN CONTENT;
  • ANY OTHER MATTER RELATED TO THE SITE OR SERVICES.

THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF XCEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

RELEASE OF CLAIMS

If a dispute arises between you and any third party in connection with the Site or Services, you agree to release Xcel Physical Therapy and Wellness Center, P.C., its officers, directors, employees, agents, affiliates, subsidiaries, contractors, and partners from any and all claims, demands, liabilities, damages, losses, and expenses arising out of or related to such dispute.

This release includes both known and unknown claims, suspected and unsuspected claims, and claims that may arise in the future to the fullest extent permitted by law.

 

FINANCIAL INFORMATION DISCLAIMER

Any financial, investment, securities, market, or business-related information that may appear on the Site is provided solely for informational purposes.

Nothing contained on the Site constitutes financial, legal, accounting, investment, or tax advice.

Users are solely responsible for evaluating any information before making financial or investment decisions.

Xcel assumes no responsibility for investment outcomes, trading decisions, or financial losses arising from reliance on information obtained through the Site

 

EXCLUSIONS AND LIMITATIONS

Certain jurisdictions do not permit the exclusion of certain warranties or the limitation of liability for incidental, consequential, or other damages. Accordingly, some of the limitations and disclaimers contained in these Terms may not apply to you.

In such jurisdictions, Xcel's liability shall be limited to the maximum extent permitted by applicable law.

 

NO THIRD-PARTY BENEFICIARIES

Except where expressly stated otherwise in these Terms, nothing contained herein is intended to create, nor shall it be construed as creating, any rights, remedies, obligations, or benefits enforceable by any person or entity other than the parties to this agreement.

No third party shall be considered a beneficiary of these Terms.

 

NOTICES

Xcel may provide notices, disclosures, updates, or other communications relating to these Terms, the Site, or the Services through any reasonable means, including but not limited to:

  • Email;
  • Postal mail;
  • Telephone communications;
  • SMS or text messages;
  • Website postings;
  • In-application notifications;
  • Any other method reasonably designed to provide notice.

You consent to receiving such communications electronically where permitted by law.

You acknowledge that notices may not be received if you access the Site in an unauthorized manner or provide inaccurate contact information. Your use of the Site constitutes acknowledgment that notices delivered through approved methods shall be considered received.

 

TRADEMARKS

All trademarks, service marks, logos, trade names, branding elements, graphics, and other proprietary identifiers appearing on the Site are the exclusive property of Xcel Physical Therapy and Wellness Center, P.C. or its licensors.

Nothing contained on the Site grants any right or license to use any trademark, logo, service mark, or trade name without the prior written consent of the applicable owner.

Unauthorized use of any Xcel trademark, logo, branding element, or proprietary material is strictly prohibited.

 

COPYRIGHT AND INTELLECTUAL PROPERTY COMPLAINTS

Xcel respects the intellectual property rights of others and expects users of the Site to do the same.

If you believe that any material appearing on the Site infringes your copyright or other intellectual property rights, please submit a written notice containing sufficient information to identify:

  • The copyrighted work or intellectual property at issue;
  • The allegedly infringing material;
  • Your contact information;
  • A statement of good-faith belief that the use is unauthorized;
  • A statement, under penalty of perjury, that the information provided is accurate and that you are authorized to act on behalf of the rights holder.

Xcel reserves the right, in appropriate circumstances and at its sole discretion, to remove allegedly infringing content and suspend or terminate the accounts of repeat infringers.

 

GENERAL PROVISIONS

Entire Agreement

These Terms constitute the complete and exclusive agreement between you and Xcel Physical Therapy and Wellness Center, P.C. regarding your use of the Site and Services.

These Terms supersede all prior or contemporaneous communications, agreements, proposals, representations, or understandings relating to the Site and Services.

Users may also be subject to additional terms applicable to specific products, services, software, applications, promotions, or third-party offerings.

 

Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles.

Any claim, dispute, action, or proceeding arising out of or relating to these Terms, the Site, or the Services shall be brought exclusively in a state or federal court located within Ventura County, California, unless otherwise required by applicable law.

By using the Site, you consent to the personal jurisdiction and venue of such courts and waive any objection relating to jurisdiction, venue, or forum non conveniens.

 

Waiver

The failure of Xcel to exercise or enforce any right, remedy, or provision contained in these Terms shall not constitute a waiver of that right or provision.

Any waiver must be in writing and signed by an authorized representative of Xcel.

 

Severability

If any provision of these Terms is determined by a court of competent jurisdiction to be unlawful, invalid, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.

The parties intend that any invalid provision be modified to the minimum extent necessary to make it enforceable while preserving its original intent.

 

Statute of Limitations

To the fullest extent permitted by law, any claim or cause of action arising out of or relating to the Site, Services, or these Terms must be filed within one (1) year after the claim arises.

Any claim not brought within that period shall be permanently barred.

 

Electronic Signatures

Your use of the Site and acceptance of these Terms constitutes an electronic signature and creates a legally binding agreement between you and Xcel.

You agree that electronic records and electronic signatures shall have the same legal effect as written signatures and paper records.

 

Assignment

Xcel may assign or transfer its rights and obligations under these Terms without restriction.

Users may not assign, transfer, delegate, or otherwise convey any rights or obligations under these Terms without the prior written consent of Xcel.

 

Survival

Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to:

  • Intellectual property rights;
  • Indemnification obligations;
  • Warranty disclaimers;
  • Limitation of liability provisions;
  • Governing law provisions;
  • Dispute resolution provisions.

 

VIOLATIONS

If you become aware of any violation of these Terms, unauthorized use of the Site, suspected security breach, intellectual property infringement, or other misuse of the Services, please contact Xcel using the information below.

 

CONTACT INFORMATION

Xcel Physical Therapy and Wellness Center, P.C.

Mailing Address:
144 Los Angeles Ave Suite 110
Moorpark, CA 93021

Telephone:
805-372-0020

Email:
info@xcelptmoorpark.com

 

By accessing or using the Site, you acknowledge that you have read, understood, and agreed to these Terms of Service.