Terms & Conditions
Egoscue Inc., and its affiliates (collectively, “Egoscue”) own and operate this Internet-based health information and communication service Site. The following terms and conditions govern your use of the Site (the “Agreement”).
Unless otherwise noted, the Site, and all features and materials on the Site, including text, images, illustrations, designs, icons, photographs, software, programs, video clips and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Egoscue and/or its affiliates or subsidiaries. EGOSCUE, THE EGOSCUE METHOD Ecise, and ePETE, and other trademarks and service marks appearing on the Site are the trademarks of Egoscue and/or its affiliates or subsidiaries. Any trademarks and service marks appearing on the Site that are not owned by Egoscue are the property of their respective owners.
Unless otherwise specified, the Sites and the Contents are intended to promote Egoscue Inc.’s products and services available in the United States. The site is controlled and operated by Egoscue Inc. from its offices in San Diego, California.
Use of Site; Restrictions
The Site and the Contents are intended solely for personal, non-commercial use. Any use of the Site or the Contents not expressly allowed in this Agreement is strictly prohibited, including but not limited to modification, removal, deletion, uploading, posting, redistribution, re-licensing, selling, duplicating, republication, reverse engineering, transmission, publication, distribution, proxy caching, or any other dissemination without the express written permission of Egoscue. You may not use any framing techniques to enclose any Egoscue trademarks or logos or use any metatags or other hidden text without Egoscue’s prior written consent. You may not link to the Site without our prior written consent. Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited. You may not impersonate another person when using the Site.
You may download or copy the Contents and other downloadable materials displayed on the Site for your personal and non-commercial informational use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, alter, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.
At any time and for any reason, and without notice to you, we may revoke your right to use all or any portion of the Site.
Terms of Sale
By making a purchase with us, you also agree to the Terms of Sale that apply in your country or region.
Registration and Passwords
You are solely responsible for maintaining the confidentiality of your member name and password. You agree to notify us immediately of any actual or suspected loss, theft or unauthorized use of your member name, password or Account. Without limiting the generality of any other disclaimers in this Agreement, Egoscue will not be responsible for any losses arising out of the unauthorized use of your Account. Egoscue may terminate your Account for any reason and at any time without notice to you.
Memberships and Subscriptions
To become a Member, you may be required to purchase from Egoscue any one or more membership services offered by Egoscue. All subscription payments must be made in advance. If payment is not received by Egoscue on or prior to the first day of the subscription period, Egoscue may cancel your subscription immediately and without notice. Except as otherwise indicated by Egoscue, all purchased subscriptions are renewed automatically on a month-to-month basis until formally cancelled by you as per the specific instructions on the Site. No refunds or credits for partial monthly subscriptions will ever be provided. By becoming a member, you are agreeing you will not dispute any charges by Egoscue either through your bank or via any payment gateway or e-commerce system, but instead if you wish to cancel your membership you agree to follow the procedures to cancel per the Site.
Egoscue may from time to time, offer a free trial subscription (“Trial”). Egoscue reserves the right, in its sole and absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability to Egoscue. For certain Trials, Egoscue may require you to provide your payment details prior to the start of the Trial. At the end of such Trial, Egoscue may automatically begin charging you for the subscription service being promoted by the Trial on the first day following the end of the Trial. By providing your payment details in conjunction with the Trial, you agree to this charge. If you do not want this charge, you must cancel the Trial before the end of the Trial period. If you become a Member via a Trial, by not cancelling before the end of the Trial period, then the money back guarantee does not apply—you have forfeited this option since you had the opportunity to cancel with no charge during the Trial period.
Posting Member Content
Notwithstanding the foregoing provisions of this Agreement, Egoscue may, in its sole discretion, authorize one, all, or certain of its Members to post files, images, photos, works of authorship or other materials (collectively, “Member Content”) on the Site. Each Member is responsible for all Member Content that is posted by such Member. Each Member represents and warrants that (i) such Member owns the Member Content or otherwise has the right to post such Member Content on the Site and grant the license set forth in this section, (ii) such Member has obtained the consent of any individual or such individual’s legal guardian before posting any information about such individual, and (iii) the posting of such Member Content by such Member on the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or other rights of any person or this Site. Each Member agrees to pay for all royalties, fees and any other amounts due to any person by reason of any Member Content posted by such Member to the Site. By posting Member Content to the Site, the posting Member grants Egoscue a perpetual, royalty-free, worldwide, fully paid up, and irrevocable right and license to use, reproduce, modify, publicly display, transmit, and sublicense, such Member Content. This license is non-exclusive.
Egoscue does not assume any responsibility to monitor the Member Content on the Site for accuracy or unacceptable use, nor will any Member Content be authenticated or endorsed by Egoscue. Egoscue assumes no responsibility for monitoring Member Content. Egoscue does not and cannot review all Member Content posted or uploaded to the Site and is not responsible for such Member Content, regardless of whether at any time Egoscue chooses in its sole discretion, to monitor or remove Member Content on the Site. We reserve the right to block transmission of and/or remove any Member Content posted to the Site, at any time, for any reason, and without prior notice. Without limiting the generality of the foregoing, each Member expressly acknowledges and agrees that the following rules shall apply to such Member’s use of the Site:
- The Member is responsible for the Contents posted to the Site through the Member’s Account. Nothing the Member posts to the Site is confidential.
- The Member shall not post or transmit any Member Content which is illegal, libelous, or defamatory. The Member shall not post or transmit any Member Content which discloses private or personal matters concerning any person other than the Member itself without the consent of such person or his or her legal guardian. The Member shall not post or transmit any Member Content which is indecent, obscene, or pornographic.
- The Member shall not post or transmit any message, data, image, or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
- The Member shall not post, upload, or transmit any file which contains viruses, worms, Trojan horses, malicious code or any other contaminating or destructive features, or use the Site to send spam, or do anything else that could disable, overburden, interfere with, or impair the proper working, integrity, operation, or appearance of our services, systems, or the Site.
- The Member shall not post or transmit any Member Content which is harmful, threatening, abusive, or hateful.
- The Member shall not post or transmit spam, petitions for signatures, chain letters, or letters relating to pyramid schemes. The Member shall not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services.
Accuracy of Information
Egoscue uses reasonable efforts to furnish accurate and up-to-date information. However, information on our Site may contain typographical errors, inaccuracies, or omissions that relate to services, product descriptions, pricing, promotions, offers, recommendations, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information, but these corrections may not be completed promptly. We do not guarantee that the Site Content will be accurate, complete, reliable, current, error-free, or free from viruses, Malware, or similar issues.
Right to Change the Site
We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the Site or any service, content, feature, or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site. Any use you make of the information provided on the Site is entirely at your own risk and you agree that Egoscue will not be liable for any loss or damages of any type resulting from your use of the Site, including without limitation any action you take or decision you make in reliance on any content on the Site. Modifications will be effective immediately upon posting unless we indicate otherwise.
If a material change is made, we will post a notice on the Site or send you a notification (as may be required by applicable law). Read through any changes, and if you don’t agree to them, please stop using the Site. If you continue to use our Site after we notify you of changes, you will be deemed to have accepted the updated Terms, except to the extent prohibited by applicable law. Some jurisdictions do not permit unilateral updates or changes to consumer terms, so this paragraph may not apply to you. [See Canada terms.]
Health Information Disclaimers
THE CONTENT ON THIS SITE DOES NOT CONSTITUTE MEDICAL ADVICE. OR MEDICAL TREATMENT. NOTHING CONTAINED IN THE CONTENTS IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR MEDICAL TREATMENT.
Egoscue is a non-medical service. You should consult your doctor before beginning any exercise, training or athletic program. You should not use the Site to diagnose a health or fitness problem or disease. Egoscue Inc. is not responsible for any medical or health problems that may result from your engaging in any activities described on this site or from any information you obtain from this site. If you ever feel discomfort or pain, you should not continue.
You agree to use the Site only for lawful purposes. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You are prohibited from posting or transmitting to or through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane or hateful material, or any other material that could give rise to civil or criminal liability under any applicable law. We may disclose any content or electronic communication of any kind (including your profile, e-mail address and other information): (1) to satisfy any legal, regulatory or governmental request; (2) if the disclosure is necessary or appropriate to operate the Site; or (3) to protect the rights or property of Egoscue, its affiliates, and you. We reserve the right to block access from a particular IP address to the Site at any time and for any reason.
We respect the intellectual property rights of others and ask that you do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act (“DMCA”), please provide the following information to our agent: (a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material you claim is infringing is located on the Site; (d) your address, telephone number and email address; (e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf. Our agent may be contacted as follows:
Egoscue, Inc., Attn: DMCA Agent 12230 El Camino Real, #110, San Diego, CA 92130
Disclaimer of Warranties; Limitations of Liability
THE SITE AND THEIR CONTENTS ARE PROVIDED BY EGOSCUE “AS-IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. EGOSCUE EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITING OUR GENERAL DISCLAIMER, WE DO NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITE OR ANY PART OF THE CONTENT.
EGOSCUE’S LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN NO EVENT WILL EGOSCUE, ITS AFFILIATES, OR THEIR MEMBERS, MANAGERS, SHAREHOLDERS, OFFICERS, DIRECTORS, PRINCIPLES, AGENTS AND EMPLOYEES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, COMPENSATORY, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE REGARDLESS OF THE REASON, OR FOR ANY LOSS OF DATA OR PROGRAMS, LOSS OF OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE SITE, ANY WEBSITE OR SERVICES LINKED THROUGH THE SITE, OR ANY COPYING, DISPLAY OR USE THEREOF, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED. EGOSCUE WILL NOT BE LIABLE FOR LOSSES OR DAMAGES ARISING OUT OF OR ANY WAY RELATED TO ANY THIRD PARTY WEBSITES OR THEIR CONTENT ACCESSED THROUGH LINKS IN THE SITE, YOUR USE OF THE SITE, OR YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE.
Certain state and country laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply but liability shall be limited to the fullest extent permitted by law.
You agree to defend, indemnify and hold Egoscue Inc., and owners, officers, members, mangers, affiliates, agents, employees, representatives, and third party sources, harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees and costs, due to your use of the Sites, your breach of any representation, warranty, or other provision of the Agreement, and/or your violation of any rights of any third party.
Remedies for Violations
Egoscue reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including but not limited to the right to block access from a particular IP address.
Links to Third Party Sites
The Site may contain links to other websites that are not under the control of or operated by Egoscue. Egoscue has no responsibility for the linked websites nor does linking constitute an endorsement of any linked website. If you use the links, you will leave the Site and your activities may be governed by other terms and conditions and privacy practices. You use the links at your own risk. Links are provided solely for your convenience and information.
Egoscue may allow third parties to use our platform to deliver services and products to their users and customers. Any third party use of our platform(s) is independent and not an endorsement by us and your use of their website, mobile application, or similar service is governed solely by their terms and conditions and privacy policies.
You acknowledge that Egoscue may update the Site and their contents and may modify this Agreement at any time and without notice to you. Modifications will be effective immediately upon posting unless we indicate otherwise. You agree to review periodically this Agreement. By entering the Site you agree to and fully accept this Agreement in its then-current form each time you enter the Site.
Feedback and Suggestions
Informal Dispute Resolution
In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent:
- to Egoscue Inc.at: Attn: Legal Counsel , 12230 El Camino Real, #110, San Diego, CA 92130; or
- to you at: your last-used billing address or the billing/and or shipping address in your online profile.
Both you and Egoscue Inc. agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
With the exception of injunctive relief sought by Egoscue, to the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute must be resolved through binding individual arbitration. You and Egoscue Inc. agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. You and Egoscue Inc. expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.
You may begin an arbitration proceeding by sending a letter requesting arbitration to:
Attn: Legal Counsel
12230 El Camino Real, #110
San Diego, CA 92130
You agree that the arbitration shall be conducted through single arbitrator arbitration conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement clause. Arbitration shall take place exclusively in Salt Lake City, Utah, USA. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. The decision of the arbitrator will be binding upon the parties.
If your claim is deemed by the arbitrator to be frivolous or brought in bad faith or with an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11, then the arbitrator may award Egoscue Inc. the reimbursement of its costs and arbitration fees against you and/or your counsel.
Waiver of Right to Bring Class Actions and Representative Claims.
All arbitrations must proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court. However, to the extent permissible by applicable law, any relief must be individualized to you and shall not affect any other customer. You and Egoscue Inc. agree that each may bring claims against the other in arbitration only in your or Egoscue Inc.’s respective individual capacities and in so doing you and Egoscue Inc. hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If it is decided that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim, then that claim (and only that claim) must proceed in court and be severed from any arbitration.
Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and the laws of the state of Utah. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Site ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
With the exception of the Arbitration Agreement, which shall survive the termination of these terms, these terms are effective unless and until terminated by either you or Egoscue Inc. You may terminate this Agreement at any time through providing written notice to Egoscue and permanently ceasing all use of the Site. Egoscue Inc. also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
Other Terms and Conditions
This Agreement shall be governed by the laws of the state of Utah, without regard to any conflict of law provision. You agree to submit to personal jurisdiction in Salt Lake City, Utah, USA.
The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Egoscue Inc.’s right to require strict observance of each of the terms herein. This Agreement constitutes the entire agreement between us relating to your use of the Site. The section titles in this Agreement are for convenience only and have no legal effect.
If there is a determination that any of this Agreement are invalid or unenforceable, that determination will not affect the remainder of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and this Agreement shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity or unenforceability shall be strictly limited both to such provision and to such jurisdiction.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or under this Agreement must be filed within one (1) year after such claim or cause of action arose or will be forever barred.
In the event of any question relating to the Site or this Agreement, please contact us at firstname.lastname@example.org.