Website Terms and Conditions of Use (“Terms of Use”)
Last Updated: 6/21/23
Thank you for visiting thescoliotherapist.com. These Terms and Conditions of Use (“Terms of Use”) govern your use of our Site. You should read these Terms of Use carefully before using our site.
This website is owned, controlled, and operated by Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC. The terms “we”, “us”, and “our” refer to Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC. The term “Site” refers to thescoliotherapist.com. The term “user,” “you” and “your” refers to any and all site visitors.
Your Acceptance of These Terms of Use
Use of this Site, including all information, educational materials, and products presented by Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC, is subject to the following terms of use. These Terms of Use apply to all users of the Site. By using this Site, you agree to comply with and be bound by these Terms of Use. These Terms of Use apply to all users of this Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. By visiting our Site and/or purchasing our services, you agree to comply with and be bound by these Terms of Use, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not agree to these Terms of Use, which contain liability limitations, you may not access or use this Site, use any of our services, or purchase any other service offered through the site.
Your Acceptance of Our Privacy Policy
By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All personal information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent inconsistencies exist between these Terms of Use and our Privacy Policy, these Terms of Use control.
Your Consent to Other Agreements
When you sign up to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the “click-through agreement.”
Children's Privacy
We are committed to protecting the privacy of children. This Site is not intended or designed to for children or minors under the age of 16. We do not collect personally identifiable information from any person we actually know is a child under the age of 16.
Ownership of this Site and Its Content
This Site, including all the software and code comprising or used to operate this Site, all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site, including any User-Generated Content and Feedback (“Content”), are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of Mindful Movement LLC or its licensors.
The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media. This is commonly known as “fair use.”
Fair use of our content still restricts those who want to reference it to reproduce no more than a headline and up to a couple of paragraphs or a summary of the story. We also request users provide a link to our website if reproducing or sharing our work under the “fair use” doctrine. The fair use rule generally does not entitle users to use an entire writing or photograph on their website or to present the content as their own. Doing so would violate our copyright and we will use all legal remedies available to address these infringements.
Responsibility for User-Generated Content Posted on or Through this Site
You are responsible for all text, photographs, images, illustrations, graphics, sounds, video and audio-video clips, and other content you may post using any account or social networking tools we may make available to you (“User-Generated Content” or “UGC”). UGC does not constitute “Feedback.” The term “Feedback” refers to the Content you post on or through this Site that is specifically about how we can improve this Site and the products and services we make available through this Site.
Under no circumstances will we be liable in any way for any UGC. This means that you, not Mindful Movement LLC, Thescoliotherapist or Scoliologic LLC, are entirely responsible for any and all UGC that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others. If any part of the UGC you post is not your original work, it is your responsibility to obtain any necessary permission to post it.
Because we do not control any UGC posted on or through this Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that UGC. You also agree and understand that by accessing this Site, you may encounter UGC that you may consider to be objectionable. We have no responsibility for any UGC, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any UGC posted, emailed, transmitted or otherwise made available on or through this Site. The UGC posted on or through this Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of Mindful Movement LLC, Thescoliotherapist or Scoliologic LLC or any person or entity associated with Mindful Movement LLC, Thescoliotherapist or Scoliologic LLC.
You Own User-Generated Content, But We May Use It.
You own the copyright in any original UGC you post. We do not claim any copyrights in UGC. However, by using this Site you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, fully transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize UGC you post in any and all means, method, or medium now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same.
This means that under this license, you have no further right to control how Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC or its affiliates use the content you have provided, regardless of how Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC chooses to use that content, in whatever form, in whatever medium, for whatever purpose, forever. You also grant us the right to use your name in connection with the reproduction or distribution of such material.
For this reason, we ask that you not post any UGC that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.
We may disclose and/or remove User-Generated Content.
Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC has the right (but do not assume the obligation) to:
· monitor all UGC;
· remove or block any UGC at any time without notice at our sole and absolute discretion;
· disclose any UGC and the identity (including IP address or other identifying information) of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC or others, or to enforce these Terms of Use; and
· terminate your access to and use of this Site, or to modify, edit or block your transmissions thereto in our sole discretion.
· You agree that our exercise of such discretion shall not render us the owners of UGC you post, and that you will retain ownership thereof as described above.
Restrictions on User-Generated Content
It is a condition of these Terms of Use that you do not upload, post, transmit or otherwise make available:
· any type of UGC that infringes or violates any rights of any party, including any UGC that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
· any UGC that constitutes or encourages activity illegal under any local, state, national or international law, rule or regulation;
· any UGC that contains expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms of Use;
· any UGC that is false, misleading, or fraudulent;
· any UGC that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
· any UGC that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;
· any request for or solicitation of any personal or private information from any individual;
· any request for or solicitation of money, goods, or services for private gain;
· any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
· any UGC that contains advertising, promotions or marketing, or which otherwise has a commercial purpose; or
· impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
By posting User-Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the UGC and have the right to grant the license set forth in these Terms of Use; (ii) the UGC is accurate, and (iii) you have read and understood—and your UGC fully complies with—these Terms of Use and applicable laws and will not cause injury to any person or entity.
Removal of UGC
You can seek removal of objectionable UGC by contacting us using the information provided below. We will review all such requests and will remove UGC that we determine should be removed, in our sole discretion and in accordance with these Terms of Use and applicable law. Please be aware, however, that if the UGC has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the UGC we remove from this Site may remain on back-up servers.
Your Feedback
Although we do not claim ownership of User-Generated Content you post using this Site, the Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in such Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
Trademarks
The Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC names and logos, all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC. You are not authorized to display or use the Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Site without the prior written permission of such owners. The use or misuse of the Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
Terms of Sale/Refund Policy
By purchasing products or services via the Site, you agree to these Terms of Use. We reserve the right to refuse any order you place with us or terminate any service. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. All payments made through this site are non-refundable and all sales are final. By making a purchase on this site, you authorize Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC to charge the credit card(s) used. We do not offer refunds and there are no exceptions to the refund policy. Payment must be made in full before Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC can render goods or services. Given the digital nature of our services, we cannot accept returns and cannot give you a refund.
Pricing and Services Subject to Change
Prices for our products or services are subject to change without notice. We reserve the right at any time to modify or discontinue our products or services (or any part or content thereof) without notice at any time. Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC is not liable to you or to any third-party for any modification, price change, suspension or discontinuance of our products or services.
Late Payments
Generally, payment must be made in full before Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC can render goods or services. Any invoices which are not paid in full within 30 days will accrue interest at the rate of 18% per annum, or the highest amount allowed by law, whichever is higher. In the event we undertake any legal action to collect any unpaid amounts, we are entitled to all costs associated with such action, including but not limited to reasonable attorney's fees.
Infringement and Reporting Procedures and Digital Millennium Copyright Act (DMCA) Procedures
Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
If you are requesting removal of content because of a violation of your copyright(s), or other intellectual property right, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Site or has been otherwise copied and made available on this Site in a manner that constitute copyright infringement, please notify us immediately.
Your request must be in writing and must include:
· an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
· a description of the copyrighted work that you claim has been infringed;
· a description of where the material that you claim is infringing is located on this Site (including the URL, title and/or item number if applicable, or other identifying characteristics);
· your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; and
· a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
· 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.
Your request must be addressed as follows:
meg@thescoliotherapist.com, Copyright Agent, Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
Your Obligations
In consideration of your use of this Site, you agree that to the extent you provide personal information to Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC, it will be true, accurate, current, and complete and that you will update all personal information as necessary.
To the extent you create an account through this Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us using the information provided below. Until we are so notified you will remain liable for any unauthorized use of your account.
You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.
Disclaimers and Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, MINDFUL MOVEMENT LLC, THESCOLIOTHERAPIST, AND SCOLIOLOGIC LLC, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MINDFUL MOVEMENT LLC, THESCOLIOTHERAPIST, OR SCOLIOLOGIC LLC, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
MINDFUL MOVEMENT LLC, THESCOLIOTHERAPIST, AND SCOLIOLOGIC LLC DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED MINDFUL MOVEMENT LLC, THESCOLIOTHERAPIST, AND SCOLIOLOGIC LLC SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF MINDFUL MOVEMENT LLC, THESCOLIOTHERAPIST, AND SCOLIOLOGIC LLC. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
YOUR RIGHTS MAY VARY. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS. IN SUCH CASE THE LIMITATIONS AND EXCLUSIONS SET OUT IN THESE TERMS OF USE SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF SUCH APPLICABLE JURISDICTIONS. YOUR STATUTORY RIGHTS AS A CONSUMER, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS, AND WE DO NOT SEEK TO EXCLUDE OR LIMIT LIABILITY FOR FRAUDULENT MISREPRESENTATION.
Limitation of Liability
The information contained on this Site may not be comprehensive and whilst we take all reasonable care to ensure that the information on this Site is accurate and up to date, the information has not been independently verified, and no representation or warranty, expressed or implied, is made as to its accuracy or completeness.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE OF THE SITE, THE CONTENT, USER CONTENT, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION, AND ANY OTHER INFORMATION EITHER CONTAINED IN THE SITE OR SUBMITTED BY YOU TO THE SITE; (B) YOUR INABILITY TO USE THE SITE; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE SITE; (D) THE OFFERS, PRODUCTS, AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE; (E) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED DIRECTLY FROM A MERCHANT; (F) THESE TERMS OF USE; OR (G) ANY IMPROPER USE OF INFORMATION YOU PROVIDE TO THE SITE, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION.
IN NO EVENT WILL MINDFUL MOVEMENT LLC’S, THESCOLIOTHERAPIST’S, NOR SCOLIOLOGIC LLC’S LIABILITY IN CONNECTION WITH ANY PRODUCT, SERVICE, OR OTHER AVAILABLE PROGRAMS EXCEED THE AMOUNTS PAID FOR THE APPLICABLE PRODUCT OR SERVICE TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT OR SERVICE, $100.
THE LIABILITY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY MINDFUL MOVEMENT LLC, THESCOLOTHERAPIST, AND SCOLIOLOGIC LLC THAT ARE INCLUDED IN OTHER APPLICABLE TERMS, NOR ARE THEY INTENDED TO LIMIT REMEDIES YOU MIGHT HAVE FOR PRODUCT-RELATED INJURY. THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS. MINDFUL MOVEMENT LLC, THESCOLIOTHERAPIST OR SCOLIOLOGIC LLC WILL NOT BE LIABLE FOR THE COST OF REPLACEMENT PRODUCTS, LOSS OF REVENUE, OR LOSS OF GOODWILL.
If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the released parties for liabilities that otherwise would have been limited shall not exceed ten dollars ($10.00).
This Site gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
No Guarantees
Materials and information provided on this Site are not indicative of likely results in any particular matter. Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC makes no guarantees as to results. Further, past results do not guarantee future results for that same client, a new client, or any third-party. Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC makes no income/financial claims, nor guarantee of any kind regarding the potential income or results through our communications or your participation in the purchase of any of the products on this Site or any of our Services.
Linked Sites
This Site may provide links to other websites operated by third parties. Links posted are provided only as a convenience. Because we have no control over linked third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. The links to these sites are for your convenience only, and you access them at your own risk. Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of the links, the linked sites, or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC welcomes links pointing to this site. You may establish a link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC] or any group or individual affiliated with Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC. You may not use on your site any logos, trademarks, service marks, or copyrighted materials appearing on this site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another site the content or other materials on this site without prior written consent.
Modification and Discontinuation
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend, or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension, or discontinuance of this Site.
Force Majeure
Under no circumstances shall Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
Waiver
Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.
Severability
If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.
Governing Law, Jurisdiction and Venue
This site is created, operated, and controlled by Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC, from its offices within the State of South Carolina, U.S.A. Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC makes no representation that material on this site is appropriate or available for use in other locations.
These Terms of Use shall be governed by, construed, and enforced in accordance with the laws of the State of South Carolina, without giving effect to any principles of conflicts of laws. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the State of South Carolina, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Use Outside of the United States
Except as expressly set forth in these Terms of Use (including the Privacy Policy), we expressly disclaim any representation or warranty that the Services comply with any or all applicable laws and regulations outside of the United States. If you use any of the Services outside of the United States, you acknowledge and agree that you are responsible for ensuring your use of our site or our Services is in full compliance with all applicable laws, regulations, and customs of the jurisdiction in which you are located.
Indemnification
You agree to indemnify and hold Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees (“Indemnified Parties”), harmless from and against any and all claims, damages, demands, liabilities, costs, or expenses, including reasonable attorney’s fees incurred in connection with any third-party claim brought or asserted against any of the Indemnified Parties: a) alleging facts or circumstances that would, if true, constitute a violation of any provision of these Terms by you; (b) alleging bodily injury, death, property damage or other damages arising from your or a third party’s use or misuse of any product purchased by you on this Sites; (c) arising from or related to any other party’s access and use of the Services with your unique username, password or other appropriate security code (if such codes are required to access Services in the future); (d) arising from or related to our use of your User Content in the context of the Services; or (e) arising from, related to, or connected with your use or misuse of the Sites or Services. We reserve the right to defend any such claim at your sole cost and expense, and you agree to provide us with such reasonable cooperation and information as we may request. You may not settle any such claim without our express written consent.
These Terms of Use May Change
These Terms of Use are current as of the effective date set forth above. Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC reserves the right to change these Terms of Use from time to time consistent with applicable laws and principles. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these Terms of Use, you should not use this Site.
Entire Agreement
These Terms of Use (together with our Privacy Policy and any Privacy Notices, Terms of Purchase, or other click-through with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC with respect to this Site and your use of this Site.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Questions
If you have any questions about this Site or these Terms of Use, please contact us:
Mindful Movement LLC
85 Regent Avenue
Bluffton, SC 29910
717-586-5123
meg@thescoliotherapist.com
To review our Privacy Policy, click HERE.
To review our Terms of Purchase, click HERE.