Terms & Conditions

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Last updated: [1/1/2025]

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Grow & Go, P.T., PC (“Grow & Go”, “we,” “us,” “our,” or the “Company”) is a pediatric physical therapy services company and accompanying platform (the “Platform”) providing exceptional pediatric physical therapy services for children from birth to adulthood. We provide highly skilled and compassionate physical therapy services specializing in helping young children develop through personalized and purposeful play. We offer individualized treatment plans tailored to each child’s unique needs, focusing on interventions for musculoskeletal issues in children, cerebral palsy treatment, management of torticollis and plagiocephaly, developmental delay in infants and babies, neurologic disorders like dysfunctional muscle tone, pelvic health (bowel/bladder dysfunctions), or sensory processing and neurodivergent associated movement dysfunction.

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Community Guidelines

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At Grow & Go, P.T., PC, we strive to create a supportive, respectful, and positive environment for all our clients, their families, and our staff. These community guidelines are designed to ensure that everyone has a pleasant and productive experience while using our services. We kindly ask all parents, guardians, and visitors to adhere to the following guidelines:

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Respect for Service Providers

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• Professional Courtesy: Treat our physical therapists and staff with respect and courtesy. They are dedicated professionals working to help your child.

• Timely Communication: If you have concerns or questions, communicate them calmly and constructively. Schedule appropriate times for in-depth discussions about your child’s progress.

• Follow Recommendations: Respect the expertise of our therapists by following their recommendations and home exercise programs to the best of your ability.

• Punctuality: Arrive on time for appointments and notify us as soon as possible if you need to cancel or reschedule.

• Boundaries: Maintain professional boundaries with our staff. Refrain from requesting personal contact information or connecting on social media platforms.

 

Interaction with Other Parents and Children

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• Respect Privacy: Maintain the confidentiality of other families you may encounter at our facility. Do not share information about other children or families without explicit permission.

• Inclusive Behavior: Be inclusive and respectful of all families, regardless of their background, abilities, or circumstances.

• Quiet Environment: Keep noise levels to a minimum in waiting areas to avoid disrupting ongoing therapy sessions.

• No Photography: Do not take photos or videos of other children or families without their express permission.

• Supervise Siblings: If you bring siblings to the facility, please supervise them closely to ensure they do not disrupt therapy sessions or other families.

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General Conduct​

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• Positive Attitude: Maintain a positive and supportive attitude. Your outlook can significantly impact your child’s therapy experience.

• Clean Environment: Help us maintain a clean and hygienic environment by properly disposing of trash and reporting any cleanliness issues to staff.

• No Discrimination: Discriminatory language or behavior towards staff, other families, or children will not be tolerated.

• Conflict Resolution: If conflicts arise with other parents or staff, address them calmly and privately. If necessary, seek assistance from management to resolve issues.

• Follow Policies: Adhere to all Grow & Go policies, including our sick policy, cancellation policy, and safety procedures.

• Constructive Feedback: We welcome constructive feedback. Please share your suggestions or concerns through appropriate channels, such as our feedback forms or by speaking with management.

• Online Conduct: When interacting on our online platforms or social media, maintain the same level of respect and courtesy as you would in person.

 

Safety and Well-Being

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• Child Safety: Always prioritize the safety and well-being of all children in the facility, not just your own.

• Report Concerns: If you observe any behavior that concerns you regarding the safety or well-being of any child, please report it to staff immediately.

• Follow Emergency Procedures: Familiarize yourself with and follow all emergency procedures as outlined by our staff.

 

Consequences of Guideline Violations

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Failure to adhere to these community guidelines may result in:

1. A verbal or written warning

2. Temporary suspension of services

3. Termination of services in severe or repeated cases

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Grow & Go reserves the sole and absolute right to deny violators of the Terms of Use access to the platform and associated services, and to remove content that violates the community guidelines. By following these Terms and Conditions, you help us create a supportive community that benefits all children and families at Grow & Go.

If you find inappropriate content or behavior, please alert the Grow & Go team at playpro@growandgopt.com.

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Account Terms

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Certain areas and features of Grow & Go require registration for an account. By creating an account, you agree to the following:

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• To access and use the Platform, you must register for a Grow & Go Account. To complete your Account registration, you must provide us with your full legal name, business address, phone number, a valid email address, and any other information indicated as required. Grow & Go may reject your application for an Account, or cancel an existing Account, for any reason and at any time, at our sole discretion. You agree to provide accurate, current, and complete information about yourself. You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.

• You confirm that you are receiving any Services provided by Grow & Go for the purposes expressly outlined in this Agreement.

• You acknowledge that Grow & Go will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you (“Primary Email Address”). You must monitor the Primary Email Address you provide to Grow & Go and your Primary Email Address must be capable of both sending and receiving messages. Your email communications with Grow & Go can only be authenticated if they come from your Primary Email Address.

• You are responsible for keeping your password secure. Grow & Go cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. We may request additional security measures at any time and reserve the right to adjust these requirements at our discretion.

• Technical support with respect to the Platform and Services is only provided to Grow & Go users. Questions about these Terms should be sent directly to Grow & Go Support at playpro@growandgopt.com .

• You agree not to access the Platform or monitor any material or information from the Platform using any robot, spider, scraper, or other automated means.

• You agree to immediately notify Grow & Go in the event of a security breach, or the suspicion of one, related to your own account or the site overall.

 

Account Activation

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Your Grow & Go Account profile contains your personal information and enables quick and reliable identification. The Grow & Go Account is the personal and private user profile created to gain access to various services provided by Grow & Go, P.T., PC, including scheduling appointments, accessing therapy progress reports, and managing your child’s therapy sessions. If you are a parent or legal guardian, your Grow & Go Account will also serve as the tool to create and manage an account for your child.

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Any parent or legal guardian can create a Grow & Go Account to manage their child’s therapy services. Children and young people who cannot give legally valid acceptance of these Terms and Conditions must involve a parent or legal guardian in the account creation process. The parent or legal guardian will receive an activation email and will be asked to finalize the profile creation process.

When creating a Grow & Go Account, we require personal data such as first name, last name, email address, date of birth, and addresses both for the parent or guardian and for the child who intends to participate in the services provided by Grow & Go. It is important to keep your Grow & Go Account information up to date to ensure we provide you with a compliant and relevant experience at all times. You can update your personal information at any time by accessing your Grow & Go Account page. Note that the date of birth cannot be updated for legal reasons, but the email address of the parent or guardian can be changed by contacting us at playpro@growandgopt.com.

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As the owner of a Grow & Go Account, you must accept the following:

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• A Grow & Go Account gives you the opportunity to use our services as described in these Terms and Conditions.

• Your username or nickname may not be discriminatory, unethical, or offensive.

• Uploaded material must not be illegal, misleading, or violate anyone’s rights.

• Our services, including any online forums or communication tools, must not be misused or manipulated in any way. You must comply with all specific terms and conditions, policies, and guidelines related to using Grow & Go services.

 

Failure to comply with the above may lead to suspension, revocation of membership, or deletion of your Grow & Go Account at our discretion. This may result in the loss of access to services and discontinuation of your account.

 

Therapy Appointment Procedures

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Scheduling

• Making an Appointment:

  • Families can make an appointment through our scheduling platform Visibook, (the “Scheduling Service”). You can access the Scheduling Service via your desktop or mobile phone. No account is required to complete this process. When you book an appointment, you will get a confirmation sent via text and/or email. You will also receive a reminder text and/or email approximately 24 hours prior to your appointment.

• Changing an Appointment Time: You can change your appointment time up to 24 hours prior to your appointment. Any changes made within 24 hours prior to your appointment are allowed at the discretion and availability of the therapist providing services. Cancellations within 24 hours prior to your appointment will incur the session fee. Cancellations prior to 24 hours before your appointment will not incur any fee.

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Attendance Policy

• Cancellation Notifications must be made by text, email, verbally to our scheduling staff, or by voicemail.

• For cancellations made by 5pm the day before the child’s session, no make-up session is required.

• For less than 24 hour cancellations, we allow clients 1-2 weeks to make up their session to avoid the $75 cancellation fee (per service). We see your commitment to your child’s health and needs as of utmost importance. We absolutely understand that situations and/or emergencies occur that can bring about the need to cancel sessions or be unable to attend them, which is the reason we offer make-up sessions and do our best to work with our client’s busy family schedules.

• Same Day Cancellation due to Illness: for same day cancellations due to illness of the client or a household member, we allow clients 3 weeks to make up the session to avoid the $75 cancellation fee (per service).

• No Shows: for no shows, or cancellations that occur within 24 hours of start time of session, the full service fee (per service) is automatically applied, as we have no ability to re-book the therapist in that situation.

• Consistent Attendance: We require a 85% attendance rate within a three month period and may need to terminate a client if efforts are not made to maintain this rate.

• Please note that cancellation and no-show fees are not covered by insurance and will be your direct responsibility.

 

Billing and Payment Procedures

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• Insurance Coverage:

  • We do not contract with any Insurance Providers at this time. Superbill receipts are available within 7 days upon request. Parents or Guardians are solely responsible to submit a Superbill receipt to your insurance for reimbursement.

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• Self-Pay Rates​

  • Fee Schedule: For all services, we offer a self-pay rate. Please contact our office for current self-pay rates.

  • Payment Timing: Self-pay fees are due in full at the time of service unless a payment plan has been previously arranged.

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• Billing Procedures

  • Payment due at time of service, unless Parent or Guardian has entered into an agreement to participate in a Payment Plan with the Therapist. Payment Plans available at the sole discretion of the Therapist.

  • Statements: You will receive a monthly receipt detailing payments and descriptions for all services rendered. In the event that there is only 1 visit requiring no follow-up, a receipt shall be sent within 7 days.

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• Payment Plans

  • Availability: Payment plans are available for patients who need assistance with their balance. Please contact our billing department to discuss options.

  • Terms: All payment plans must be agreed upon in writing and adhered to in order to avoid collection actions.

  • Payment Plans are provided at the sole discretion of the Therapist.

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• Late Payments and Collections

  • Late Fees: A late fee of $25 may be applied to accounts with balances unpaid after 30 days from the statement date.

  • Collections: Accounts with balances unpaid after 90 days may be referred to a collection agency. You will be responsible for any collection fees incurred.

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• Returned Checks​

  • Future Payments: After a returned check, we may require future payments to be made by cash or credit card.

  • Fee: A $35 fee will be charged for any returned checks.

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• Refunds

  • Overpayments: Any overpayments will be refunded to you once all active or past due charges are settled.

  • Processing Time: Refunds typically take 2-3 weeks to process.

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• Questions and Disputes

  • Billing Questions: if you have questions about your bill, please contact our billing department promptly.

  • Disputes: Any billing disputes must be submitted in writing within thirty (30) days of the statement date.

 

By scheduling and attending therapy sessions with Grow & Go, P.T., PC, you acknowledge that you have read, understood and agree to this Billing and Payment Policy. We are committed to providing transparent billing practices and are here to assist you with any questions or concerns regarding your account.

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Drop Off and Pick-Up Procedures

● Drop Off: Parents or guardians must accompany their child to the facility and ensure the child is safely handed over to a staff member. Please arrive no later than 10 minutes prior to your child’s scheduled appointment. Should there be no available parking, please notify the facility that you require Therapist to come to the vehicle to pick up the child.

                        o    What to bring to Sessions:

                                        ▪    Comfortable clothing

                                        ▪    Water

                                        ▪    Snack, if needed. Note that we do not allow eating during the session.

                                        ▪    Favorite toys are permitted but not required.

                                        ▪    Assistive Devices or Communication Aides (e.g. AAC / tablets).

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Therapy In-Session Procedures

• Parental Presence: Parents are encouraged to stay in the facility during the session. However, in the event that the child needs space, the Parent or Guardian shall be asked to wait outside where they can observe the session via video call with phone on mute.

• Diaper Changes: Parents are responsible for ensuring their child is clean and dry before the session. Staff will not perform diaper changes.

• Siblings: Siblings are allowed to join the therapy session at the discretion of the Parent or Guardian. However, the Parent or Guardian shall be responsible for reducing distraction to the treating child. Should the therapist believe, in their discretion, that the sibling is disturbing to the treating child, they may ask the Parent or Guardian to have the sibling wait outside the therapy session.

• Photos: Photos or videos during sessions are prohibited unless prior consent is obtained from both the therapist and the parent.

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Sick Policy

• Currently Ill: Children should refrain from attending their sessions if they are currently experiencing, or have experienced within the last 24 hours, any of the following:

  • Fever within the last 24 hours

  • Diarrhea or Vomiting within the last 24 hours

  • Rash (unless you know for sure its not linked to an infection) 

  • Persistent cough, breathing trouble, sore throat, swollen glands, loss of voice or hacking

  • Obvious contagious conditions, such as head lice or pink eye

  • Wounds that are not properly covered

• Potentially Contagious, fast-spreading infections and illnesses: Any potentially contagious, fast-spreading infections and illnesses will require a confirmation of wellness from the parent or guardian no later than 24 hours prior to the appointment. Due to risk of exposure, we ask that you refrain from attending scheduled services for a period of two weeks before returning if a child or family member is affected. This will be standard protocol for the following:

  • Lice/Ukus

  • Ringworm

  • Pink eye/Conjunctivitis

  • Hand, Foot and Mouth Disease or Fifths Disease

  • Chicken Pox/Measles/Impetigo/Scabies

  •  Pinworms

• Showing Symptoms During Session: If your child becomes ill during a session, you will be notified and depending on the severity of symptoms may be asked to take your child home before the end of the session. Should the session end prematurely, at the sole discretion of the therapist, the session fee may be reduced to reflect the time lost.

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Cleaning Procedures

• Families are encouraged to sanitize their hands or wash their hands with soap and water before and after all sessions. Our staff will be expected to uphold this precaution as well.

• All toys and equipment used during your child’s session will be cleaned and disinfected.

• We will also conduct extensive daily cleaning, sanitization, and disinfecting procedures for therapy materials, toys, equipment, and treatment spaces. This includes any and all frequently touched surfaces and will include ongoing attention throughout the day.

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Safety Guidelines

• Children with compromised immune and respiratory systems may require special accommodations. Please be in communication with us if your child has any conditions you feel require special accommodations.

• Should a child begin showing symptoms during a session, the session may end early.

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Disclaimer of Outcomes

Grow & Go, P.T., PC strives to provide the highest quality pediatric physical therapy services. However, due to the individual nature of therapy and the varying responses of each child, we cannot guarantee specific outcomes or results from our services.

• Individual Variability. Each child is unique and their progress in therapy may vary based on a multitude of factors, including but not limited to their medical condition, age, cooperation, and consistency in following therapy recommendations.

• No Warranty of Success. While our therapists are committed to working diligently with each child to achieve their therapy goals, Grow & Go makes no warranties or representations, express or implied, regarding the success or effectiveness of the therapy provided.

• Progress Reports. Regular progress reports will be provided to inform parents and guardians of their child’s development. These reports are intended to track progress and adjust treatment plans as necessary, but they do not constitute a guarantee of specific results.

• External Factors. Factors outside our control, such as adherence to home exercise programs, attendance consistency, and other external influences, can impact the effectiveness of therapy. 

       Grow & Go cannot be held responsible for outcomes affected by these factors.

• No Liability for Unmet Expectations. Grow & Go, its therapists, and staff shall not be liable for any dissatisfaction or unmet expectations regarding the results in therapy. Parents and guardians acknowledge that therapy is a process that may require time and patience.

• Continued Assessment. Ongoing assessment and adjustments to therapy plans are part of our commitment to providing the best care possible. However, these adjustments do not guarantee specific results or outcomes.

• Informed Decision. By engaging in therapy services with Grow & Go, parents and guardians acknowledge that they have been informed of the inherent uncertainties and variability in therapy outcomes and agree to proceed with a clear understanding of this provision.

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Communication Preferences

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Either by creating a Grow & Go account or by contracting with Grow & Go to receive services, the individual consents to receive electronic communications from Grow & Go and third parties, as needed. These communications may take the form of emails, notices on the Grow & Go platform, and/or direct messages on the Grow & Go platform. Communications may be related to account maintenance (e.g., payment, password changes, and other transactional information). Individuals agree that any notices, agreements, disclosures, and/or other communications that Grow & Go sends electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be written. Individuals should maintain their own records of Grow & Go communications by saving emails or printing paper copies of communications. From time to time, Grow & Go, Managers, and/or third parties may send promotional communications, including: newsletters, special offers, surveys, rewards, and other news and information we believe may be of interest to individuals utilizing the platform.

Opt-outs from promotional communications will be included in all communications.

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License to Access and Use Our Sites and Content

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Unless otherwise indicated in writing by Grow & Go, the site and platform and all content and materials contained therein, including, without limitation, the Grow & Go logo and all designs, text, graphics, pictures, information, data, software, sound files, User Content (as defined in the User Content section), other files, and the selection and arrangement thereof (collectively, “Content”) are Grow & Go’s and licensors’ and/or platform users’ proprietary property. They are protected by U.S. and international copyright laws. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable license to access Grow & Go’s platform, site, and content. This license is subject to these Terms and does not include the right to: (1) sell, resell, or use the sites or content in commercial settings or applications, (2) distribute, publicly perform, or publicly display the Content, (3) modify or make derivative use of the platform, sites, or Content, unless expressly permitted by Grow & Go, (4) use data mining, robotic, or similar data gathering and/or extraction methods, (5) download any portion of the platform, site, or Grow & Go (other than page caching), and (6) use the platform, site, or Content for any purposes other than intended. Any use of the platform, site, or Content other than as specifically authorized herein, without Grow & Go’s prior written permission, is strictly prohibited and will terminate the license granted herein. Unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by Grow & Go, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright, or other proprietary rights of Grow & Go or any third party, whether by estoppel, implication, or otherwise. The license is revocable at any time. Notwithstanding anything to the contrary in the Terms, the platform, site, and Content may include software components provided by Grow & Go or a third party which are subject to separate license terms; in such case(s), the license terms will govern the software components.

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Repeat Infringer Policy; Copyright Complaints

 

In accordance with the Digital Millennium Copyright Act and other applicable laws, Grow & Go has adopted a policy of limiting access to the site and platform or terminating the accounts of users in appropriate circumstances and in our sole discretion. Users who infringe the intellectual property rights of others will be subject to these actions. If you believe that anything on the platform or site infringes any copyright that you own or control, you may file a notification of such infringement with our designated agent as set forth below: playpro@growandgopt.com . Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

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Trademarks

 

“Grow & Go,” the Grow & Go logo, and any other Grow & Go product or service names, logos, or slogans which appear on the platform, site, or products are trademarks of Grow & Go. They may not be copied, imitated, or used—in whole or in part—without Grow & Go’s prior written permission. You may not use metatags or any other “hidden text” using “Grow & Go” or any other name, trademark, or product or service name of Grow & Go without prior written permission from Grow & Go. Additionally, the look and feel of the site, platform, and products, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark, or trade dress of Grow & Go. They cannot be copied, imitated, or used—in whole or in part—without the trademark holder’s permission. Reference to any products, services, processes, or other information by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Grow & Go.

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Hyperlinks

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You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the platform and site for noncommercial purposes, provided that such link does not portray Grow & Go or any of our Products in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Grow & Go logo or other proprietary graphic of Grow & Go to link to the site or platform without Grow & Go’s express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Grow & Go trademark, logo or other proprietary information, including the images found on the Sites or Products, the content of any text or the layout or design of any page, or form contained on a page, on the Sites without our express written consent. Grow & Go makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the site or platform, or of websites linking to the Sites. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Grow & Go ecosystem (defined as Grow & Go’s platform and site), you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Grow & Go ecosystem.

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Third-Party Content

 

Grow & Go may display content, advertisements, and/or promotions from third parties through the site, platform, or in shipments with products (collectively, “Third-Party Content”). Grow & Go does not control, endorse, or adopt any Third-Party Content; further, Grow & Go makes no representation or warranties with regard to Third-Party Content, including, without limitation, regarding its accuracy and completeness. You acknowledge and agree that your interactions with third parties providing Third-Party Content are solely between you and the parties, and that Grow & Go is not responsible or liable in any manner for such interactions or the Third-Party Content.

 

User Conduct

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By using Grow & Go’s platform and site, you agree that you will not violate any law, contract, intellectual property, or other third-party right or commit a tort. You also agree that you are solely responsible for your conduct when accessing or using Grow & Go’s platform and site. You agree that you will abide by these Terms and refrain from:

• Harassing, threatening, intimidating, predatory, or stalking behavior;

• Attempting to access or use another User’s account without authorization from them and Grow & Go;

• Using the Platform in a disruptive manner that could negatively affect others’ ability to use the Platform;

• Reverse-engineering any aspect of the Platform, attempting to discover source code, or attempting to bypass measure employed to prevent or limit access to any Content, area, or code;

• Attempting to circumvent content-filtering techniques used on the Platform;

• Developing third-party applications which interact with User Content or the Platform without Grow & Go’s prior written consent;

• Using a robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized to access the Platform;

• Interfering with or modify the rendering of the Platform;

• Using the Platform for illegal or unauthorized purposes, or encourage or engage in activities which violate the Terms;

• Using the Platform for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

• Discriminating on the basis of race, color, ethnicity, national origin, ancestry, religion, sex, gender, gender identity or expression, sexual orientation, age, military or veteran status, marital status, or disability;

• Abusing, threatening, defaming, libeling, inciting hatred or violence toward, victimizing, intimidating, or otherwise harassing any person or group of persons;

• Transmitting, or procuring the sending of, any advertising or promotional material without Grow & Go’s prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation; and

• Otherwise attempting to interfere with the proper working of the Platform.

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No Modifications, Reverse Engineering, Artificial Intelligence/Machine Learning

Except as expressly permitted in these Terms of Service, you may not (and may not allow third parties or assist third parties) to:

• Modify, port, adapt, or translate any portion of the Services or Software;

• Reverse engineer (including but not limited to monitoring or tracking the inputs and outputs flowing through a system or an application in order to recreate that system), decompile, disassemble, or otherwise attempt to discover, within any Service or Software, the source code, data representations or underlying algorithms, processes, methods, and any other portion of such Service or Software; or

• Use or allow a third party to use, the Services or Software, including but not limited to any architectures, models or weights, or any other such confidential and/or proprietary information, or any content, data, output, or other information received or derived from the Services or Software, to directly or indirectly create, train, test, or otherwise improve any machine learning algorithm or artificial intelligence system that mimics or performs any function substantially similar to any function contained within the Services or Software.

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User Content

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Shared Content from Users

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Grow & Go’s platform and site may include interactive features and areas which allow individuals to create, post, share, or store content. If you decide to share your User Content on Grow & Go or third-party platforms, you acknowledge that this User Content will be viewable by others in accordance with the privacy settings you establish and that you are solely responsible for the User Content and your use of any interactive features and areas of the Grow & Go site and platform. By using the interactive features and areas of the platform and site, you agree that you will not create, post, share, or store unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable content. Nor will you create, post, share, or store content that would constitute, encourage, or provide instructions for a criminal offense; violate the rights of any party or violate any local, state, national, or international law; infringe a patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; contain misleading, false, or dishonest information; misrepresent your identity and/or affiliation(s); contain a third party’s private information without their consent; contain unsolicited promotions, political campaigning, advertising, or solicitations; irresponsibly reference alcohol; and transmit viruses, corrupted data, or other harmful files or content. User Content that Grow & Go judges to be objectionable or that restricts or inhibits others’ ability to use or enjoy Grow & Go’s platform, site, or products, or which may expose Grow & Go or others to any harm or liability, is also prohibited.

Grow & Go is not responsible or liable for any User Content. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Sites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the site or platform at your sole cost and expense.

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User Content Rights

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Grow & Go claims no ownership interest in your User Content. Uploading, posting, or submitting User

Content to Grow & Go or feeds on third-party social media platforms (e.g., Grow & Go’s Instagram, Facebook, Twitter, etc.) grants Grow & Go a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, creative derivative works from, distribute, perform, and publicly display your User Content, in whole or in part, and your name, likeness, voice, and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional advertising, trade, business, illustration, artistic and other commercial and non-commercial purpose. Updating, posting, or submitting User Content to Grow & Go constitutes representing and warranting that (1) the User Content is nonconfidential, (2) you own and control all rights to the User Content or otherwise have the rights needed to post the User Content, (3) you authorize Grow & Go to use the User Content for the purposes described herein, (4) the User Content is accurate and not misleading or harmful, and (5) that the User Content, and your use and posting thereof, does and will not violate these Terms or any applicable law, rule, regulation, or third-party right.

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Error Reporting and Feedback

 

You may provide us directly at playpro@growandgopt.com or via third party sites with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to Grow & Go, our Platform, the site, and/or the products (collectively “Feedback”). You acknowledge and agree that (i) you shall not retain, acquire, or assert any intellectual property right or other right, title, or interest in or to the Feedback; (ii) the Company may have development ideas similar to your Feedback; (iii) the Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) the Company is not under any obligation of confidentiality with respect to the Feedback. Grow & Go will own exclusive rights, including, without limitation, all intellectual property rights in, and to, such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. In the event the transfer of the ownership of the Feedback is not possible due to applicable mandatory laws, you grant the Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use (including copy, modify, create derivative works, publish, distribute, and commercialize) the Feedback in any manner and for any purpose.

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Confidentiality

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Confidential Information will include, but is not limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Grow & Go’s Confidential Information includes all information that you receive relating to us, or to the Platform or Services, that is not known to the general public including information related to our security program and practices.

Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service. Each party agrees that it will take all reasonable steps, at least substantially equivalent to the steps it takes to protect its proprietary information, to prevent the duplication, disclosure, or use of any such Confidential Information, other than (i) by or to its employees, agents, and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each will treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party will give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential information will not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

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Termination, Deactivation, and Suspension

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The Company reserves the right to terminate or suspend accounts, refuse service, bar access to the Platform, remove or edit content, or cancel appointments in our sole discretion, without prior notice or liability, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If the Company suspends or deactivates your account or limits your use of the Platform pursuant to this Agreement, you are thereafter prohibited from registering and creating a new account under your name or business name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. Even after your right to use the Platform is suspended, terminated, or limited, this Agreement will remain enforceable against you. The Company reserves the right to take appropriate legal action pursuant to this Agreement.

The Company reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Platform in its sole discretion.

You may cancel your Grow & Go Account at any time through your Account Settings page, though we will be sorry to see you go.

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Education and Informational Purposes Only

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The content provided on the Grow & Go, P.T., PC website, including but not limited to text, graphics, images, videos, and all other materials (the “Website Content”) is for general informational and educational purposes only. It is not intended to be, and should not be construed as, medical advice, diagnosis, or treatment.

• Not a substitute for Professional Care. The Website Content is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician, physical therapist, or other qualified health provider with any questions you may have regarding a medical condition or treatment.

• No Doctor-Patient Relationship. Use of this website does not create a doctor-patient relationship or any other professional relationship between Grow & Go, P.T., PC and its users.

• Emergency Situations. If you think you have a medical emergency, call your doctor or 911 immediately. Grow and Go does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this website.

• Individual Variation. Every child’s situation is unique. The Website Content provided on this website may not be relevant or appropriate for all situations.

• No Guarantees. While we strive to provide accurate and up-to-date information, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the Website Content on our website.

• User Responsibility. Any reliance you place on the Website Content is strictly at your own risk. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through our website.

• Consultation Required. Before acting on any of the Content provided on this website, you should consult with a qualified healthcare professional who is familiar with your child’s individual medical needs.

• Updates and Changes. The field of pediatric physical therapy is continuously evolving. The Website Content may not reflect the most current medical research or practices. We reserve the right to modify, add, or remove portions of this disclaimer at any time.

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Privacy

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We care about the privacy of our users. By using our Services, you acknowledge that we may collect, use and disclose your personal information and aggregated and/or anonymized data as set forth in our Privacy Policy, and you acknowledge that you may have your personal information collected in, used in, transferred to, and proceed in the United States. If your use of the Services requires us to process any personal data of personal information within your Content, as these terms are in and in accordance with applicable privacy laws or regulations, we will do so at all times in accordance with our Privacy Policy.

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Indemnification

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To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Grow & Go, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Gainful Parties”), from and against all actual or alleged Grow & Go or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the platform, site, content, or products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party’s use or misuse of the Sites or Products provided to you. You agree to promptly notify Grow & Go of any third-party Claims and cooperate with Grow & Go in defending such Claims. You further agree that Grow & Go shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Grow & Go.

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Disclaimers

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You are solely responsible for your conduct on Grow & Go’s platform, site, and other associated properties. Grow & Go reserves the right to change any and all Content and to modify, suspend, or terminate access to the platform and site (or any features and functionality of the same). Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, vendor, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation with, Grow & Go. Some jurisdictions prohibit the disclaimer of implied terms in contracts with consumers; in such cases, some, or all of the disclaimers in this section may not apply to you.'

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Limitation or Liability; Release

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To the fullest extent permitted by applicable law, in no event shall Grow & Go be liable for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind (including, but not limited to, loss of revenue, income or profits, loss of use or data, loss or diminution in value of assets or securities, or damages for business interruption) arising out of or in any way related to the access or use of the sites or platform or the order, receipt or use of any service or product (including, but not limited to, any damages caused by or resulting from reliance by any user on any information obtained from Grow & Go, or from mistakes, omissions, interruptions, deletions of files or emails, errors, defects, bugs, viruses, Trojan Horses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Grow & Go records, programs or systems), regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), strict product liability or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable). To the fullest extent permitted by applicable law, in no event shall the maximum aggregate liability of Grow & Go and the other Grow & Go parties (jointly) arising out of or in any way related to (a) the order, receipt or use of services or products purchased from Grow & Go exceed the amount paid for such products; and (b) the order, receipt or use of product, or access or use of the sites or content, exceed the greater of $250 or the amount you paid to us in the one (1) month period immediately preceding the date on which your claim arose. The foregoing limitations shall apply even in the event your remedies hereunder fail of their essential purpose, and the foregoing shall constitute Grow & Go and the other gainful parties’ sole liability and obligation in respect hereof, regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), strict product liability or any other legal or equitable theory. To the fullest extent permitted by applicable law, you, on behalf of your heirs, executors, administrators, legal and personal representatives, hereby release, waive, acquit and forever discharge Grow & Go and the other Grow & Go parties from and against, and covenant not to sue any such Grow & Go party for, all claims you have or may have arising out of or in any way related to these terms. If you are a California resident, you hereby waive your rights under California civil code 1542, which states “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” Access to Grow & Go and/or any other content, information, products and/or services offered by and/or through the same would not be provided to you without such limitations. Some jurisdictions prohibit the disclaimer of implied terms in contracts with consumers; in such cases, some or all of the disclaimers in this section may not apply to you.

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Modifications to the Sites

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Grow & Go reserves the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the platform and site (or any features or parts thereof) at any time and without liability thereafter. Grow & Go reserves the right to withdraw or amend its services, and any service or material Grow & Go provides, in its sole discretion without notice. Grow & Go will not be liable if for any reason all or any part of the platform or site is unavailable at any time or for any period.

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You are responsible for both:

1. Making all arrangements necessary for you to have access to the Platform; and

2. Ensuring that all persons who access the Platform through your internet connection are aware of these Terms and comply with them.

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Arbitration and Dispute Resolution

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Most concerns can be resolved quickly and satisfactorily by emailing us at playpro@growandgopt.com. In the event that we cannot resolve a dispute, we each agree that any and all disputes, controversies, or claims arising under, out of, or related to this agreement or the contractual relationship established by it (whether in contract, tort, or any other statute, regulation, ordinance, or other source of law) will be resolved on an individual basis through binding arbitration. You and Grow & Go each expressly waive any right to trial by jury and the right to participate in a class action lawsuit or class-wide arbitration. Neither you nor Grow & Go shall be permitted or entitled to join or consolidate claims by or against others, or arbitrate or otherwise participate in any claims as a class member, class representative, or in any other representative capacity. The arbitration will be conducted by a single, neutral arbitrator and will take place in the county or parish in which you reside, or another mutually agreeable location, in the English language. All issues are for the arbitrator to decide, including (but not limited to) issues relating to the scope and enforceability of this agreement to arbitrate and the arbitrability of any dispute between you and Grow & Go. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. At your request, hearings may be conducted in person or by telephone, and the arbitrator may provide for submitting and determining motions on briefs, with or without oral hearings. Grow & Go agrees that, upon request, it will pay a consumer’s filing fee for the arbitration. For the benefit of the parties, all aspects of the arbitration proceeding, including (but not limited to) the transcripts of the hearing, the transcript of any deposition, and all documents produced or used during the arbitration proceeding, will be strictly confidential. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. If a court decides that any provision of this paragraph is invalid or unenforceable, that provision will be severed and the other parts of this paragraph (and the remainder of these terms) will continue to apply, but in no case shall either you or Grow & Go be permitted to participate in a class action lawsuit or class-wide arbitration.

 

Miscellaneous

 

Subcontractors

Grow & Go may use subcontractors or other third parties to perform its obligations under these Terms, but Grow & Go will remain responsible for all such obligations.

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Further Assurances

You agree to execute and deliver any documents or instruments and take any further actions that are reasonably required, to provide the other party the full benefits and rights described in these Terms.

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Assignment

You may not assign these Terms or delegate your performance without Grow & Go’s prior written consent, and any attempt to do so is void. Grow & Go may assign or transfer these Terms without your consent. These Terms are binding upon and inure to the benefit of the parties’ permitted successors and assigns.

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Severability

If any provisions of these Terms or portions of a provision is invalid, illegal, or unenforceable, the rest of these Terms will remain in effect.

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No Waiver

Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under these Terms.

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Force Majeure

Grow & Go will not be liable for any delay or failure to perform under these Terms as a result of any cause or condition beyond Grow & Go’s reasonable control (a “Force Majeure Event”), so long as Grow & Go uses reasonable efforts to avoid or remove those causes of delay or non-performance.

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Termination

The Company may terminate this Agreement at any time, with or without notice, for any reason.

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Relationship of the Parties

Nothing contained in this Agreement or your use of the Platform or Services shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

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Entire Agreement

This Agreement constitutes the entire agreement between you and the Company and governs the terms and conditions of your use of the Platform and Services, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to this Platform. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Platform. The Company may revise these Terms and Conditions of Use at any time by updating this Agreement and posting it on the Platform. Accordingly, you should visit the Platform and review the Terms and Conditions of Use periodically to determine if any changes have been made. Your continued use of this Platform after any changes have been made to the Terms and Conditions of Use signifies and confirms your acceptance of any such changes or amendments to the Terms and Conditions of Use.

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Contact Information

Grow & Go, P.T., PC

playpro@growandgopt.com

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