TERMS and CONDITIONS of USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Your Movement Prescription, LLC ("YMP" or "Company").
Limitation of Liability
YMP shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if YMP has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
By using any of the information or services ("Services") found on this or any YMP owned website or communications medium, you acknowledge and agree that you are doing so at your own risk. Your health and safety with respect to such Services are your sole responsibility. You acknowledge that all activities related to the Services from YMP may result in bodily injury to you or worse. Your decision to receive Services from YMP is voluntary, and you know of, understand and assume any and all the risks associated therewith.
In exchange for receiving services from YMP, you, for yourself and on behalf of your heirs, executors, administrators and personal representatives, hereby waive, release, discharge and hold harmless YMP, its members, officers, employees and agents from any and all liability for any and all injuries, including death, death, damages or claims relating to or resulting from my receipt of the Services, now or in the future, foreseen or unforeseen. Further, you will indemnify and hold YMP, its members, officers, agents and employees, harmless from and against any and all claims, rights, damages, liabilities, losses, costs and expenses (including reasonable attorneys' fees) arising from or in connection with any injuries to other persons or damage to property due to any gross negligence or willful misconduct by you.
You acknowledge that you have read, and understand, the release and indemnification provisions set forth in the preceding paragraphs, and agree to such terms.
All Rights Reserved
Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of your own non-commercial use. You may, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by YMP. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Privacy Policy
YMP respects your privacy and permits you to control the treatment of your personal information. A complete statement of YMP's current privacy policy can be found by clicking HERE. YMP’s privacy policy is expressly incorporated into this Agreement by this reference.
Trademarks
All trademarks, service marks and trade names of Your Movement Prescription, Your Movement Rx, Movement Rx, The Low Back Fix, or others used in the site are trademarks or registered trademarks of YMP.
Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, YMP disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. YMP does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. YMP does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Typographical Errors
In the event that a YMP product is mistakenly listed at an incorrect price, YMP reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. YMP reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, YMP shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by YMP without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
YMP may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to YMP.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of YMP products) shall be in the state or federal courts located in San Diego County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of YMP products) must be commenced within one (1) year after the claim or cause of action arises. YMP‘s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. YMP may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including Dr. Theresa Larson, Anders Varner. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
YMP may make certain software or video content available to you from the Site. If you download software or video from the Site, the software or video, including all files and images contained in or generated by the download, and accompanying data (collectively, “Software or Video”) are deemed to be licensed to you by YMP, for your personal, noncommercial, home use only. YMP does not transfer either the title or the intellectual property rights to the Software or Video, and YMP retains full and complete title to the Software or Video as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software or Video. All trademarks and logos are owned by YMP or its licensors and you may not copy or use them in any manner.
Prohibited Uses
YMP imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by YMP in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
Participation Disclaimer
YMP does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, YMP is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, YMP reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to YMP in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless YMP, related officers, directors, employees, affiliates, consultants, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. You also agree to indemnify the Service Providers for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless the Service Providers from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. YMP will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
Third-Party Links
In an attempt to provide increased value to our visitors, YMP may link to sites operated by third parties. However, even if the third party is affiliated with YMP, YMP has no control over these linked sites, all of which have separate privacy and data collection practices, independent ofYMP. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, YMP seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Binding Effect
This is a binding agreement. By using the Internet site located at www.movement-rx.com, including any and all subdomains (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by YMP from time to time in its sole discretion. YMP will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
Alleged Violations
YMP reserves the right to terminate your use of the Service and/or the Site. To ensure that YMP provides a high quality experience for you and for other users of the Site and the Service, you agree that YMP or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. YMP does not intend to disclose the existence or occurrence of such an investigation unless required by law, but YMP reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if YMP believes that you have violated any of the Terms of Use, furnished YMP with false or misleading information, or interfered with use of the Site or the Service by others.
Affiliated Sites
YMP has no control over, and no liability for any third party websites or materials. YMP works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither YMP nor the Site has control over the content and performance of these partner and affiliate sites, YMP makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and YMP assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that YMP makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
Severability; Waiver
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
ACKNOWLEDGEMENT
BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Your Movement Prescription, LLC ("YMP" or "Company").
Limitation of Liability
YMP shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if YMP has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
By using any of the information or services ("Services") found on this or any YMP owned website or communications medium, you acknowledge and agree that you are doing so at your own risk. Your health and safety with respect to such Services are your sole responsibility. You acknowledge that all activities related to the Services from YMP may result in bodily injury to you or worse. Your decision to receive Services from YMP is voluntary, and you know of, understand and assume any and all the risks associated therewith.
In exchange for receiving services from YMP, you, for yourself and on behalf of your heirs, executors, administrators and personal representatives, hereby waive, release, discharge and hold harmless YMP, its members, officers, employees and agents from any and all liability for any and all injuries, including death, death, damages or claims relating to or resulting from my receipt of the Services, now or in the future, foreseen or unforeseen. Further, you will indemnify and hold YMP, its members, officers, agents and employees, harmless from and against any and all claims, rights, damages, liabilities, losses, costs and expenses (including reasonable attorneys' fees) arising from or in connection with any injuries to other persons or damage to property due to any gross negligence or willful misconduct by you.
You acknowledge that you have read, and understand, the release and indemnification provisions set forth in the preceding paragraphs, and agree to such terms.
All Rights Reserved
Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of your own non-commercial use. You may, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by YMP. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Privacy Policy
YMP respects your privacy and permits you to control the treatment of your personal information. A complete statement of YMP's current privacy policy can be found by clicking HERE. YMP’s privacy policy is expressly incorporated into this Agreement by this reference.
Trademarks
All trademarks, service marks and trade names of Your Movement Prescription, Your Movement Rx, Movement Rx, The Low Back Fix, or others used in the site are trademarks or registered trademarks of YMP.
Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, YMP disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. YMP does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. YMP does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Typographical Errors
In the event that a YMP product is mistakenly listed at an incorrect price, YMP reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. YMP reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, YMP shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by YMP without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
YMP may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to YMP.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of YMP products) shall be in the state or federal courts located in San Diego County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of YMP products) must be commenced within one (1) year after the claim or cause of action arises. YMP‘s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. YMP may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including Dr. Theresa Larson, Anders Varner. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
YMP may make certain software or video content available to you from the Site. If you download software or video from the Site, the software or video, including all files and images contained in or generated by the download, and accompanying data (collectively, “Software or Video”) are deemed to be licensed to you by YMP, for your personal, noncommercial, home use only. YMP does not transfer either the title or the intellectual property rights to the Software or Video, and YMP retains full and complete title to the Software or Video as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software or Video. All trademarks and logos are owned by YMP or its licensors and you may not copy or use them in any manner.
Prohibited Uses
YMP imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by YMP in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
Participation Disclaimer
YMP does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, YMP is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, YMP reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to YMP in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless YMP, related officers, directors, employees, affiliates, consultants, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. You also agree to indemnify the Service Providers for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless the Service Providers from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. YMP will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
Third-Party Links
In an attempt to provide increased value to our visitors, YMP may link to sites operated by third parties. However, even if the third party is affiliated with YMP, YMP has no control over these linked sites, all of which have separate privacy and data collection practices, independent ofYMP. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, YMP seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Binding Effect
This is a binding agreement. By using the Internet site located at www.movement-rx.com, including any and all subdomains (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by YMP from time to time in its sole discretion. YMP will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
Alleged Violations
YMP reserves the right to terminate your use of the Service and/or the Site. To ensure that YMP provides a high quality experience for you and for other users of the Site and the Service, you agree that YMP or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. YMP does not intend to disclose the existence or occurrence of such an investigation unless required by law, but YMP reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if YMP believes that you have violated any of the Terms of Use, furnished YMP with false or misleading information, or interfered with use of the Site or the Service by others.
Affiliated Sites
YMP has no control over, and no liability for any third party websites or materials. YMP works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither YMP nor the Site has control over the content and performance of these partner and affiliate sites, YMP makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and YMP assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that YMP makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
Severability; Waiver
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
ACKNOWLEDGEMENT
BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
