Terms Of Service

Date of Last Update: April 16, 2023

Scoliosis Conditioning, LLC. Terms of Service

1. GENERAL INFORMATION

1.1 SCOLIOSIS CONDITIONING VIDEO PRODUCTS

These Terms & Conditions (these “Terms”) contain the terms and conditions on which we supply content, products or services listed on scoliosisconditioning.com (the “Website”) or via other delivery methods to you (the Website and such content, products, and services are collectively referred to herein as the “Product” or “Products”, which may be updated from time-to-time at the sole discretion of Scoliosis Conditioning). Please read these terms and conditions carefully before ordering any Scoliosis Conditioning Products. The terms “Scoliosis Conditioning ,” “us”, “we”, or “our” refers to Scoliosis Conditioning, LLC. The term “Device” refers to the device which is used to view and access the Products including but not limited to computers, smart phones, tablets, TVs and other devices. The term “you” refers to the user of the Products. The term “Order” refers to the purchase of, or request for access and/or use. When you Order any Products, or otherwise gain access to the Products, you agree to be bound by these Terms and all applicable laws, rules and regulations. You may also be asked to click “I accept the Terms and Conditions” at the appropriate place prior to your purchase or access to the Product(s) and/or prior to your access to sections of our Product(s). At such time, if you do not click “I accept the Terms and Conditions”, you may not be able to complete such purchase or gain such access. By using the Products, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Products.

1.2 ENTIRE TERMS & AGREEMENT

These Terms and any additional terms or conditions set forth by specific Scoliosis Conditioning Orders constitute the whole agreement between you and Scoliosis Conditioning for the supply of the Products.

You as the user acknowledge and accept the responsibility of checking and verifying that the details of these Terms and any additional terms specific to your Order(s) are complete and accurate before you use or commit yourself to the purchase the Products.

If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing; the terms and conditions of this agreement may not be amended or modified, except by a written representation from Scoliosis Conditioning , as we only accept responsibility for Scoliosis Conditioning statements and representations made in writing by an officer of Scoliosis Conditioning .

1.3 CHANGES TO TERMS

Scoliosis Conditioning reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to scoliosisconditioning.com. Your continued use of the Products constitutes your agreement to abide by the prevailing Terms as defined and posted by Scoliosis Conditioning. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up alerts or notifications within the Product(s) or by email.

2. USER AND ACCOUNT SUBSCRIPTIONS

2.1 BECOMING A USER

In order to use the Products, you will sign up and create an account as a registered user through the website or associated application. As such you will be required to provide Scoliosis Conditioning with your first name, last name, email address, and create a password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device. Scoliosis Conditioning is not accountable for the privacy policy of your email provider and encourages you to read the privacy statements of your email provider, as their privacy policy may differ from ours.

During your Product use, you may be asked to provide certain personalized information to us (such information is referred to hereinafter as “User Information”). This User Information may include health and wellness interests as well as information from your Facebook and similar social networking profiles. Our information collection and use policies with respect to the privacy of such User Information are set forth in the Scoliosis Conditioning Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up-to-date.

You accept the responsibility and agree to not allow another individual to utilize the Product(s) you’ve purchased.

By registering to use a Scoliosis Conditioning Product you understand and acknowledge that you may be able to choose among different types of membership and/or user access levels either through our website or our onboarding partner’s website at time of registration or later, and that individual user access to certain sections, features, and functions on Products may differ according to membership, user level and/or types of Product purchase. In some cases, users may have the option to upgrade or change membership types and/or levels should You wish to access additional sections, features, and functions.

By agreeing to become a user of Scoliosis Conditioning Products you acknowledge and agree to opt-in to receiving occasional special offers, website or product updates, marketing, surveys, and Product based communication emails. You can easily unsubscribe from Scoliosis Conditioning commercial emails by following the opt-out instruction in these emails. Scoliosis Conditioning purchases are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever.

By placing an Order, you warrant that:

You are at least 18 years of age and legally capable of entering into binding contracts;

You understand and acknowledge the terms herein and those specific to your Order(s);

All registration information you submit is truthful and accurate;

You will maintain the accuracy of such information; and

Your use of the Product(s) does not violate any applicable law or regulation.

Paid Purchases. Following your purchase of any Product(s), the payment method on your account will be billed and you authorize us to do so. All fees are prepaid and non-refundable. Scoliosis Conditioning does not give full or partial refunds for unused Orders. If we are unable to process the payment method on your account, you will not receive access to your Order. In order to purchase any Product, (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER METHOD OF PAYMENT ACCEPTED BY SCOLIOSIS CONDITIONING UTILIZED IN CONNECTION WITH ANY TRANSACTION. You agree to pay all fees, payments and applicable taxes relating to the subscription incurred by you or anyone else using your account. By submitting such information, you grant Scoliosis Conditioning the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe, Paypal, or IntakeQ. By utilizing these payment processors to gain access to the Products, You indemnify us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.

User acknowledges and understands that Scoliosis Conditioning may suspend or terminate use of Products as a result of any fraudulent actions by user, if we are unable to verify or authenticate any information you provide to us, or as a result of any breach of the terms and conditions herein and any other additional obligations set forth by Product specific terms and conditions. Such suspension or termination may go into effect immediately and without prior notification to you and you will lose access to your account and any Orders for the duration of the suspension and/or the balance of any prepaid period without any refund.

The Scoliosis Conditioning email address is gabriella@scoliosisconditioning.com. All correspondence to Scoliosis Conditioning including any queries you may have regarding your use of the Products or these Terms should be sent to this contact email address.

3. USE OF THE PRODUCTS

3.1 CONSULTING WITH YOUR PHYSICIAN

You acknowledge, understand, and agree that use of any Scoliosis Conditioning Products requires that you consult with your physician(s) prior to use of Scoliosis Conditioning Products.

3.2 AGE REQUIREMENTS FOR USE

You must be 18 years of age, or the age of majority in your locality to sign up as a registered user of Scoliosis Conditioning Products. You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to sign up as a registered user of Scoliosis Conditioning Products. If you are a minor age between the ages of 13 and 18 (or the applicable legal age in your jurisdiction), you can use such functions or services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms. If you are a parent or legal guardian agreeing to these Terms for the benefit of a minor between the ages of 13 and 18 (or the applicable legal age in your jurisdiction), you are fully responsible for his or her use of Scoliosis Conditioning Products, including all legal liability he or she may incur. By using our Products and any services provided therein, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein.

3.3 ACCURACY OF INFORMATION

You agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up-to-date.

3.4 ETHICAL USE OF PRODUCTS

You agree not to impersonate any other person while using the Products, conduct yourself in an offensive manner while using the Products, or use the Products for any illegal, immoral or harmful purpose.

3.5 SYSTEMS PROTECTION AND SECURITY REQUIREMENTS

You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or the Products themselves. You agree not to interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations of networks connected to the Products. You may not access the Products in an unauthorized manner.

3.6 BREACH OF TERMS AND CONDITIONS

By breaching the provisions of this section 3, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Products will cease immediately.

4. SUBSCRIPTION PRODUCT MATERIALS AND OWNERSHIP

4.1 PROHIBITED USE

You agree that you will not conduct the following, or will not assist or permit any third party to:

Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Products in any way, or create derivative works of the Products;

Use the Products or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;

Rent, lease, loan, make available to the public, sell or distribute the Products in whole or in part;

Tamper with the Products or circumvent any technology used by Scoliosis Conditioning or its licensors to protect any content accessible through the Products;

Circumvent any territorial restrictions applied to the Products; or

Use the Products in a way that violates this License Agreement or the other Terms.

4.2 PROPRIETARY RIGHTS

You may not make the Products available to the public. The Products made available (in whole or in part) are owned by Scoliosis Conditioning or its licensors and your use of them must be in accordance with these Terms.

4.3 COPYRIGHT

You agree to adhere to applicable copyright laws and Scoliosis Conditioning copyright terms, including but not limited to:

All materials (including software and content whether downloaded or not) contained in the Products are owned by Scoliosis Conditioning (or our affiliates and/or third-party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.

You acknowledge and agree that certain materials on or in the Products may be the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce penalties against you for non-compliance of applicable laws and terms herein.

Audio or video content from Scoliosis Conditioning not explicitly indicated as downloadable may not be downloaded or copied from the Products or any Device.

The Products are not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials used in or on the Products for commercial purposes without obtaining a written license to do so from Scoliosis Conditioning. Material from the Products may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Products and may subject you to legal liability. You agree not to use the Products for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening, or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Products. Appropriate legal action may be taken for any illegal or unauthorized use of the Products.

A limited amount of certain content may be specifically marked and authorized by Us for You to share in Your personal social channels (Facebook, Twitter, etc.). With respect to content made available by Scoliosis Conditioning through the Products that is specifically identified as available for distribution by you (“Distribution Content”) as part of your blog or other online commentary, analysis or review (“User Commentary”), Scoliosis Conditioning grants you a limited right to download, reproduce and distribute Distribution Content over the internet as part of your User Commentary. You may also modify such Distribution Content but only as required to technically enable the display and distribution of such content through your computer systems and over the Internet (e.g. a change in video format or file size) provided such modification does not materially alter the substance or quality of such content. Your display and distribution of Distribution Content may also be subject to other terms and conditions that are set forth in the description of such content in the Products, such as display and distribution of Distribution Content only within specified usage dates. You agree not to publish the Distribution Content with other content that is known by you to be false, inaccurate, or misleading or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Distribution Content may contain trackers that enable us to collect information with respect to the distribution and consumption of such content.

You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Products. If you make other use of the Products, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Scoliosis Conditioning will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Scoliosis Conditioning respects the intellectual property rights of others. If you are a copyright owner, or authorized to act on behalf of one and believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim to info@scoliosisconditioning.com with the subject line “Copyright Infringement” and include in your claim a detailed description of the alleged infringement details under the Digital Millennium Copyright Act (DMCA). You may be held accountable for damages, including, but not limited to costs and attorney fees associated to misrepresentations of bad-faith infringement claims.

4.4 TRADEMARK

You agree to adhere to applicable trademark laws and state trademark terms, including but not limited to:

Scoliosis Conditioning , the Scoliosis Conditioning logo and all other Scoliosis Conditioning product or service marks are trademarks of Scoliosis Conditioning.

All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Products are the property of their respective owners.

Nothing grants you any license or right to use, alter or remove or copy such material.

Your misuse of the trademarks displayed on the Products is strictly prohibited.

Scoliosis Conditioning will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.

4.5 RECORDED SESSIONS – USER PARTICIPATION

Scoliosis Conditioning may record online sessions where all participants are recorded either via audio, video or both. These recorded sessions are the property, in perpetuity, of Scoliosis Conditioning and may be used for promotional or commercial purposes. By participating in an online session, you agree to allow Scoliosis Conditioning to record your likeness and utilize the recording in full or in part for further distribution or sale by Scoliosis Conditioning . If you do not want to be recorded, then you should not participate in any recorded session. Participation in any online session where a participant accesses the session via Zoom will be recorded. As such, you acknowledge that Scoliosis Conditioning may indirectly or directly commercially benefit from use of your participation and agree to such terms.

5. PRODUCTS DISCLAIMER

The information contained in the Products, including Recorded Session, is for general information purposes only. Scoliosis Conditioning makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Products and Recorded Sessions or the information contained within the Products or Recorded Sessions for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

6. MEDICAL DISCLAIMER

Scoliosis Conditioning is a provider of online video stretching content. We are not a health care or medical device provider, nor should our Products be considered medical advice nor a substitute thereof. All content found on Scoliosis Conditioning Products or website, including, but not limited to: video, text, images, audio, or other formats were created for informational purposes only. Product content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Only your physician(s) or other health care provider can provide medical advice. Never disregard professional medical advice or delay in seeking it because of something you have read on Scoliosis Conditioning Products or website. If you think you may have a medical emergency call 911 immediately. As with any type of exercise, if at any point during the stretching exercises you feel faint, dizzy or have discomfort, you should stop immediately. Never look at your phone, or perform these exercises while driving, operating machinery or equipment or while in water of any kind.

If your health changes, you become pregnant or you start taking prescribed medications at any time you agree to seek medical advice from your your physician or other qualified health provider as to whether you should stop or change your use of our Products. If you have been advised by a doctor not to continue with any form of exercise due to an injury or a permanent medical reason, you agree to follow that advice.

Any advice or other materials in the Products are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support and complement the relationship between you and your healthcare providers and will not replace it. Scoliosis Conditioning is not liable or responsible for any consequences resulting from you having read or been told about such advice or other materials and you understand and acknowledge that you will assume full responsibility for your decisions and actions. To the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Products. Any health information and links on Scoliosis Conditioning Products, whether provided by Scoliosis Conditioning or by contract from third party providers, is provided simply for your convenience. Application or reliance on any techniques, advice, ideas, suggestions or information provided to you by Scoliosis Conditioning is done solely at your own risk and not at the direction of Scoliosis Conditioning. Scoliosis Conditioning makes no claims, representations or guarantees about Product benefits.

You understand that the exercises and programs discussed and used on our website can be strenuous and should be scaled or done in moderation. There is an inherent risk in any exercise that, while providing some health benefits, it can also cause unknown health issues. By using the website and Products, you acknowledge and agree that you are voluntarily choosing to perform the exercises and expressly agree to accept and assume all risk of loss, injury, death or damages that may occur as a result of performing the exercises. You confirm that you have no medical conditions that may prevent you from taking part in our Content.

7. ACCESS AND AVAILABILITY

7.1 PRODUCT ERRORS

Scoliosis Conditioning will aim to achieve user satisfaction and provide quality service, but cannot make guarantees or promises that Products will meet your requirements or that they will be free from fault or errors. If a fault or error occurs in the Products, please report to info@scoliosisconditioning.com for assistance. The resolution process may require suspension of Product access while we conduct a root cause analysis and/or repairs.

7.2 UPDATES & MAINTENANCE

Your Product access may occasionally be restricted for repairs, updates, maintenance, or the introduction of new functions or capabilities. Scoliosis Conditioning will restore the Product(s) as soon as possible to limit the disruption to users. In these cases, Scoliosis Conditioning cancellation policies still apply.

7.3 LAW AND JURISDICTION

These Terms, our Medical Disclaimer and our Privacy Policy are governed by and construed in accordance with the United States law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of New York, United States.

7.4 CONSENT

By using Our website, you hereby consent to these Terms, our Medical Disclaimer and our Privacy Policy.

All rights not expressly granted in these Terms and Privacy Policy or any express written here, are reserved by Scoliosis Conditioning.

7.6 SEVERABILITY

If any part of these Terms or Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

8. CONTACT US

8.1 CONTACT INFORMATION

info@scoliosisconditioning.com