Terms & Conditions of Use
Your Agreement to These Terms
BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE SITE OR PLACE ANY PURCHASE FOR PRODUCTS ON THE SITE. THESE TERMS FORM A LEGAL AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE SITE ALONG WITH THE RELATED SERVICES, FEATURES, CONTENT AND OFFERS PROVIDED ON THE SITE.
Use of this Site signifies your agreement to all terms, conditions, and notices contained or referenced herein. If you do not agree to these Terms please do not use this Site.
THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. READ THEM CAREFULLY, BECAUSE THEY AFFECT YOUR LEGAL RIGHTS.
We reserve the right to change these Terms, and your continued use of the Site constitutes agreement to all such changes.
If you wish to return a Product, see our Return Policy, which is incorporated herein by reference.
Disclaimer of Warranty and Limitation of Liability
The information, products and services on the Site is provided on an “AS IS,” and “AS AVAILABLE” basis. Spine Wizards, LLC does not warrant the information or services provided herein or your use of the Site generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. Spine Wizards, LLC will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via the Site. Spine Wizards, LLC cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither Spine Wizards, LLC nor any of its parents, subsidiaries, affiliates, successors, assigns, and their respective officers, directors, members, shareholders, employees, agents, suppliers, nor any third party vendor, will be liable to you for any kind for any loss or damage you incur in the event of any failure or interruption of the Site, or resulting from the act or omission of any other party involved in making the Site, the data contained herein or the products or services offered on the Site available to you, or from any other cause relating to your access to, inability to access, purchases made via, or use of the Site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of Spine Wizards, LLC or of any vendor providing software or services. In no event will Spine Wizards, LLC or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, punitive, consequential or incidental damages, attorney’s fees, or any other damages of any kind even if Spine Wizards, LLC or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Spine Wizards, LLC cannot and does not guarantee continuous, uninterrupted or secure access to the Site.
Dispute Resolution by Binding Arbitration and Class Action Waiver
You and Spine Wizards, LLC agree that any and all disputes arising out of or relating to the Site; any transaction or purchase you make on the Site; any information you provide on the Site; any relationship between us resulting from your use of the Site; the purchase, order, installation, or use of Spine Wizards, LLC’s products or services; or communications between us; will be resolved exclusively and finally by confidential binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA”), including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. The AAA Rules are available on the AAA website at www.adr.org or by calling 1-800-778-7879.
You and Spine Wizards, LLC further agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration.
You and Spine Wizards, LLC further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL.
In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. If you initiate arbitration, Spine Wizards, LLC will promptly reimburse you for any standard filing fee which may have been required under AAA’s Procedures once you have notified Spine Wizards, LLC in writing and provided a copy of the arbitration proceedings. However, if Spine Wizards, LLC is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to Spine Wizards, LLC. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. The arbitration will be conducted in Houston, Texas, but may proceed telephonically if the claimant so chooses.
ANY DISPUTES ARISING OUT OF OR RELATING TO ANY PURCHASE YOU MAKE VIA THIS SITE, ANY INFORMATION YOU PROVIDE VIA THE SITE, THESE TERMS (INCLUDING ITS FORMATION, PERFORMANCE, OR ALLEGED BREACH) AND YOUR USE OF THE SITE SHALL BE SUBMITTED INDIVIDUALLY BY YOU AND SHALL NOT BE SUBJECT TO ANY CLASS ACTION OR REPRESENTATIVE STATUS. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS OR PARTICIPATE AS A MEMBER OF A CLASS of claimants with respect to any claim submitted to arbitration. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void.
IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING, NOT USE THE SITE OR SPINE WIZARDS, LLC’S PRODUCTS, AND RETURN THE PRODUCT (UNOPENED AND UNUSED) FOR A REFUND IN ACCORDANCE WITH SPINE WIZARDS LLC’S RETURN POLICY WITHIN 60 DAYS OF YOUR ORDER’S SHIPMENT DATE OF ANY SPINE WIZARDS LLC’S PRODUCTS.
Descriptions and Pricing
For questions about the products or services on this Site, or for questions about orders placed through the Site or otherwise, please use the Customer Service phone number or email links found on each product page. Spine Wizards, LLC and its affiliates attempt to be as accurate as possible. However, Spine Wizards, LLC does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If a product offered by Spine Wizards, LLC itself is not as described, your sole remedy is to return it in unused condition. In ordering products through the Site, you agree to provide only true, accurate, current, and complete information. You hereby certify that any e-mail account you provide to Spine Wizards, LLC is registered to you. Spine Wizards, LLC reserves the right to bar your access to and use of the Site if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to Spine Wizards, LLC. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms. Products displayed on this Site are available while supplies last. Descriptions of, or references to, products not owned by Spine Wizards, LLC on the Site do not imply endorsement of that product, or constitute a warranty, by Spine Wizards, LLC.
Electronic Signatures & Agreements
Delivery or shipment timeframes or dates are estimates and may be subject to change. You understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. Spine Wizards, LLC shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery.
If you access this Site from a location outside the United States of America, you do so on your own initiative and are responsible for compliance with all applicable laws of your jurisdiction. Spine Wizards, LLC makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.
NOT ALL HEALTH AND FITNESS PROGRAMS/PRODUCTS ARE SUITABLE FOR EVERYONE AND THIS OR ANY PRODUCT MAY RESULT IN INJURY. CONSULT YOUR DOCTOR BEFORE UTILIZING THIS OR ANY HEALTH OR FITNESS RELATED PROGRAM OR PRODUCT. WE PROVIDE INFORMATION ON THE SITE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION. YOU SHOULD CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE. You hereby fully release and agree to indemnify and hold harmless Spine Wizards, LLC, its parents, subsidiaries, affiliates, successors, assigns, and their respective officers, directors, members, shareholders, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys’ fees) arising out of or relating to your use of the Site, the products, exercises, instructions, or advice on the Site, your violation of these Terms, your violation of any rights of another, or your failure to perform your obligations hereunder.
If you are a copyright owner or an agent thereof and believe that any content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit ClassPass to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices should be sent to Spine Wizards, LLC at: Spine Wizards, LLC, 2323 Space Center Blvd. Ste 180, #178, Houston, TX 77062
Accuracy of Information
We attempt to ensure that the information on the Site is complete and accurate; however, this information may contain typographical errors, pricing errors, and other errors or inaccuracies. We assume no responsibility for such errors and omissions, and reserve the right to: (i) revoke any offer stated on the Site; (ii) correct any errors, inaccuracies or omissions; and (iii) make changes to prices, content, promotions, product descriptions or specifications, or other information on the Website.
If you have any questions about these Terms, you may contact us by telephone at 832-240-4749 during business hours or via email to firstname.lastname@example.org at any time.