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The content on all websites associated with the Performance Health Holding, Inc., including, but not limited to, the text, graphics, images, links, and other materials are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment, and does not constitute medical or other professional advice. Reliance on any information provided herein is solely at your own risk.
The Platform may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. Performance Health Holding, Inc. is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Platform. Reliance on any information provided herein is solely at your own risk.
All intellectual property on the Platform (except for User Generated Content) is owned by Performance Health Holding, Inc., which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks, trade dress (including the TheraBand Color trade dress consisting of yellow, red, green, blue, black and gray) and trade names are owned, registered and/or licensed by Performance Health Holding, Inc. or its affiliates. All content on the Platform (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under the United States and other copyright laws and is the proprietary property of Performance Health Holding, Inc.; All rights reserved. By using the Platform, you acknowledge Hygenic's ownership of and interest in the intellectual property and agree not to challenge the validity or enforceability thereof.
All orders placed through the Platform are subject to Performance Health Holding, Inc.'s acceptance. This means that Performance Health Holding, Inc. may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Performance Health Holding, Inc. will issue you a refund. Performance Health Holding, Inc. attempts to ship products in an effective and timely manner, but we cannot guarantee the condition of the products or a specific timeframe due to the nature of the shipping and fulfillment industry.
You are responsible for any actions that take place while using your Performance Health Holding, Inc. accounts. Keep your usernames/passwords secure and do not allow anyone else to use your usernames/passwords to access the Platform. You agree to immediately notify Performance Health Holding, Inc. of any unauthorized use of your account. Performance Health Holding, Inc. is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.
"User Generated Content" is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Platform users post or otherwise make available on or through the Platform, except to the extent the Content is owned by Performance Health Holding, Inc..
You, and not Performance Health Holding, Inc., are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the Platform. We do not have an obligation to review the contributions posted to the Platform, but you understand that we may refuse to post or remove any of your contributions at our sole discretion.
Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to Performance Health Holding, Inc. a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.
If you believe that your work has been improperly copied and posted on the Platform, such that it constitutes infringement, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Platform the material that you claim is infringing is located; (4) a written 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 (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give Performance Health Holding, Inc. legally sufficient notice to Performance Health Holding, Inc. of infringement. Send copyright infringement complaints to:
The Platform contains services and features that are available to certain mobile Devices. Your carrier's normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using Performance Health Holding, Inc.'s mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don't send your messages to a different person.
You are solely responsible for your interactions with other people, whether online or in person. Performance Health Holding, Inc. is not responsible or liable for any loss or damage resulting from any interaction with other Platform users, persons you meet through the Platform, or persons who find you because of information posted on, by or through the Platform. You agree to take reasonable precautions in all interactions with other users on the Platform, and conduct any necessary investigation before meeting another person. Performance Health Holding, Inc. is under no obligation to become involved with any user dispute, but may do so at its own discretion.
Performance Health Holding, Inc. is not responsible or liable for any User Generated Content or other Content posted on the Platform or for any offensive, unlawful or objectionable content you may encounter on or through the Platform. The Platform, User Generated Content, Content, and the materials and products on this Platform are provided "AS IS" and without warranties of any kind. To the fullest extent permitted by law, Performance Health Holding, Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness or rehabilitation for a particular purpose and non-infringement. Performance Health Holding, Inc. cannot guarantee and does not promise any specific results from use of the Platform. Performance Health Holding, Inc. does not represent or warrant that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that this Platform or the server that makes the Platform available are free of viruses or anything else harmful. To the fullest extent permitted by law, Performance Health Holding, Inc. does not make any warranties or representations regarding the use of the materials or Content in the Platform in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Platform, loss of data or other harm of any kind that may result. Performance Health Holding, Inc. reserves the right to change any and all Content and other items used or contained in the Platform at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Performance Health Holding, Inc. SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE) OR ANY USER GENERATED CONTENT, EVEN IF Performance Health Holding, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST Performance Health Holding, Inc. FOR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. THAT SAID, IF Performance Health Holding, Inc. IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS PLATFORM OR ANY CONTENT, Performance Health Holding, Inc.'S LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You furthermore agree that any Dispute will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court with jurisdiction over the parties may enforce the arbitrator's award.
In the event of a Dispute, you or Performance Health Holding, Inc. must give the other a Notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to Performance Health Holding, Inc. at Attention Arbitration, Performance Health Holding, Inc., 28100 Warrenville Road, Warrenville, IL 60555. You and Performance Health Holding, Inc. will attempt to resolve any Dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or Performance Health Holding, Inc. may commence arbitration. You are not required to wait 60 days to file a small claims action.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's supplementary procedures for consumer-related disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You agree to commence arbitration only in your county of residence or in DuPage Country, Illinois. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Performance Health Holding, Inc. will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submission, or in person by following the AAA rules. In a Dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could.
You agree that the making of claims or resolution of Disputes pursuant to this agreement shall be in your individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. You agree that to the extent permitted by applicable law, that any and all Disputes will be resolved individually in the forum designated in this section, without resort to any form of class action.
To the extent permitted by law, any Dispute to which this section applies must be filed within one year in small claims court or in arbitration with the AAA. The one-year period begins when the claim or Notice of Dispute could first be filed. If such a Dispute isn't filed within one year, it's permanently barred.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
Last Updated: 4/3/17
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