Terms & Conditions
Effective date: March 29, 2016
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.
Use of the Site
THE CONTENT OF THIS SITE IS PROVIDED FOR YOUR GENERAL INFORMATION AND USE ONLY AND IS NOT INTENDED TO PROVIDE ANY MEDICAL, FITNESS, OR PHYSICAL THERAPY ADVICE. YOU SHOULD ALWAYS CONSULT A MEDICAL PROFESSIONAL IF YOU HAVE QUESTIONS OR CONCERNS ABOUT YOUR HEALTH.
By accessing the Site in any way, you represent that (i) you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site (ii) all information you submit to the Site, including registration information, is complete, accurate and truthful, and (iii) you will maintain the accuracy of such information. You will not register for, access, or use our products or this Site in any way if prohibited by law in your jurisdiction.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
Whether or not you register for the Site, and subject to the Terms, we grant you a limited, non-transferable, non-exclusive, personal license to use the Site for personal, non-commercial reasons (the "License").
Your License and your Account (as defined below) may be terminated, suspended, or limited at any time, and without notice, by the Company. Without limiting the generality of the foregoing, you agree to:
Not rely on the Site for medical advice and to seek the advice of a licensed medical professional before relying on any content posted on the Site.
Not transmit through the Site any false, infringing, unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, pornographic or otherwise objectionable material or content.
Not use the Site for any purpose that is illegal or in breach of any contract or agreement to which you are a party.
Not (a) data-mine the Site or its content, (b) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site or its content, (c) modify, distribute, reproduce, or otherwise create derivative works of any part of the Site or its content, or (d) interfere with the Site's accessibility, up-time, connectivity, or security.
In addition to other prohibitions as set forth in the Agreement, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others, including but not limited to, resell, loan, distribute, or sublicense any videos on the Site; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.
You may be required to provide personal information to access the Site and make purchases or to create an Account (the "Account"). To create an Account, you will need to provide a unique username and password. You agree to keep your username and password confidential at all times. You agree to indemnify, defend, and hold harmless the Company, its parent, owners, shareholders, directors, officers, employees, subsidiaries, partners, agents, contractors, licensors, service providers, subcontractors, suppliers, interns (collectively, "Affiliates") for any use of your Account, whether authorized or unauthorized.
You warrant that all information provided to the Site is truthful, accurate, and complete at the time of submission, and that you will update such information as necessary to ensure maintenance of an accurate record.
By creating an Account, you may agree to receive both administrative and promotional emails from the Site. You may unsubscribe from these e-mails by following the "unsubscribe" link in any email.
The Company reserves all rights and interest in and to the Site and all content posted therein. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Without limiting the generality of this Section 3(a), you agree not to modify, reproduce, sell, sub-license, make derivatives of, or otherwise use any of the content of the Site. Notwithstanding Section 3(a), you may share links to the Site but may not under any circumstance imply ownership or affiliation with the Site or the Company.
To the fullest extent legally permissible, you agree defend, and hold harmless the Company and its Affiliates from against any and all claims, demands, expenses, and damages, including attorneys' fees, arising from or related to (i) your use of, reliance on, and access to the Site or (ii) your violation of these Terms or the documents they incorporate by reference.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. The Company does not provide medical, fitness, or physical therapy advice and does not endorse or guarantee any opinion expressed in or through any of the Site's content. The Site's content is not intended to be a substitute for any medical or professional treatment or advice, and you agree to consult a licensed health professional with any questions or before adopting on any of the Site's content or Products, or any products, services, or other material offered by any affiliate or third party. You expressly acknowledge and agree that you are solely responsible for all risks associated with your use or reliance on the Site's content. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk. If you are experiencing a medical emergency, you should call 911 immediately.
No Warranty; Limitation of Damages
THE COMPANY PROVIDES THE SITE, INCLUDING ALL CONTENT PROVIDED THEREIN, ON AN "AS IS," "WHERE IS," "WITH ALL FAULTS" BASIS AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, QUALITY, OR FITNESS. THE COMPANY MAKES NO GUARANTEES OR WARRANTIES AS TO THE TRUTH, ACCURACY, USEFULNESS, SUITABILITY, TIMELINESS, PERFORMANCE OR COMPLETENESS OF THE INFORMATION AND MATERIALS FOUND OR OFFERED ON THIS WEBSITE FOR ANY PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AGREE TO USE THE SITE AT YOUR OWN RISK AND TO CONSULT A MEDICAL PROFESSIONAL WITH ANY QUESTIONS.
THE COMPANY AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR DAMAGES, LIABILITIES, INJURIES, OR LOSSES WHATSOEVER RESULTING FROM YOUR USE OR RELIANCE ON THE SITE, WHETHER DIRECT, INDIRECT, GENERAL, COMPENSATORY, SPECIAL, PUNITIVE OR OTHERWISE.
While we endeavor to always provide accurate information, the Site may occasionally contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Shipping dates and/or arrival times are only estimates and cannot be guaranteed. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
(a) The Terms shall be governed and interpreted solely in accordance laws of the State of New Jersey, without regard to conflicts of law. Any dispute arising under, or related to, the Terms shall be brought exclusively in the state and federal courts of New Jersey. You consent to the exercise of personal jurisdiction and venue by such courts. YOU AGREE TO WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR COLLECTIVE ACTION, INCLUDING CLASS OR GROUP ARBITRATION.
Modifications to the Products and Prices
(a)Pricing for our products are subject to change at any times without notice.
(b)We reserve the right at any time to modify or discontinue the product (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the product.
You agree to pay the price corresponding to each Product that you select and purchase through the Site. All prices are in United States denominations unless otherwise stated. Unless otherwise expressly stated, Payment is due at the time of purchase and Product may not be created or shipped to you if Payment is not made.
Products and Ordering
You may be able to purchase certain products or services, including digital or electronic products, through the Site or affiliated websites (collectively, the "Products"). These Products may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. We do not warrant that the quality of any Products or that such will meet your expectations, or that any errors in the Site will be corrected.
We cannot guarantee that certain Products will be in stock at any given time.
We use commercially reasonable efforts to deliver Products through the mail as scheduled, but scheduled deliveries cannot be guaranteed. You bear the risk of loss for all Products once shipped.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We may provide returns and refunds in accordance with our Returns Policy, as posted on the Site and subject to change from time to time.
Digital Continuity Programs
The Site may offer subscription based digital continuity programs, such as newsletters or other regularly delivered services (the "Subscription"). If you sign up for a Subscription, you agree to pay the recurring Subscription purchase price, as may be listed on the Site and as may change from time-to-time. You may cancel your Subscription at any time without penalty. In the event of cancellation, no refund shall be made but your payment obligations will automatically cease. The Site may, in its sole discretion and from time to time, offer limited time money back guarantees or free trials on Subscriptions. Such offers are subject to change without notice.
Any new features or tools which are added to the current Site shall also be subject to the Agreement.
All purchases may be completed online through the use of third party payment processing services ("Processors") utilized by the Company. The Company and the Processors may receive updated credit card information from your credit card issuer or bank. Such updated information is provider at the discretion of your credit card issuer. Neither the Company nor the Processors shall be responsible for any distribution of your credit card information. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.We actively screen for fraudulent transactions in order to protect our users. We reserve the right to refuse to process any order if we suspect fraud or misuse of financial information.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Site constitutes the complete and entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
You may not assign the Terms under any circumstance. The Company may freely assign the Terms in the case of a merger, sale, restructuring, or reorganization of the Company
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, the remainder of the Terms shall continue in full force and effect to the maximum extent permitted by law. Such determination shall not affect the validity and enforceability of any other remaining provisions.
The Company's failure or delay in exercising or enforcing any right, power, prevision or privilege under the Terms shall not operate as a waiver of such.
Changes to Our Terms of Service
The terms of this Agreement may change from time to time. We reserve the right to revise this Agreement at any time and will notify you of any material changes to this Agreement by posting a notice on the homepage of the Site for a reasonable period of time after such changes are made to the effect that this Agreement has been updated and by changing the “Last Modified” date at the bottom of this Terms of Service or you will be emailed notice with a link to the new Terms of Service.
We encourage you to check this page periodically for any changes. Your continued use of the Site following the posting of changes to the Terms of Service will mean you accept those changes.