Terms of Purchase and Use Agreement
Last Updated: 6/21/23
Thank you for visiting thescoliotherapist.com! Please review these Terms of Purchase and Use very carefully. By purchasing any of our products and/or services, including, but not limited to, any courses, webinars, and trainings (collectively referred to herein as our “Products”), you are agreeing to these Terms and are expressing that you have been given reasonable access to review these terms prior to your purchase. These Terms are binding as of the date you purchase or access our products and/or services.
PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT PURCHASE OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.
We reserve the right to update and revise these Terms at any time without notice to you. Your continued use of the Products and Website after we have updated the Terms of Purchase indicates your acceptance and agreement to the changes.
1. General Terms. This Agreement is between You (“Purchaser”, “You”, “Your”) and Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC also referred to herein as “Company”, “We”, “Us”, “Our”). These Terms of Purchase (“Terms”) shall apply to your purchase of any products or services through this website, thescoliotherapist.com, or any related domains or subdomains (the “Sites”). You and Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC are collectively referred to herein as the “Parties.”
2. Formation of a Contract. By clicking “Add to Cart,” “Buy Now,” or any other phrase on the purchase button, submitting a payment electronically or in-person, or otherwise subscribing or purchasing our Product(s) through the Site, you are agreeing to adhere to and be bound by following terms and conditions, together with the Terms of Use and our Privacy Policy, all of which are hereby incorporated by reference (collectively, the "Terms").
3. Taxes and Other Charges. You shall be completely responsible for and shall pay all charges, fees, and taxes arising from any purchase.
4. Payment and Billing. By providing the Company with your preferred payment method, you represent that you: (i) are authorized to use, and (ii) authorize the Company to charge that payment method (the “Authorized Payment Method”) for any fees related to your purchase of the Products, including without limitation fees relating to any paid feature of the Website and/or subscription service of the Company in which you have chosen to enroll (collectively, the “Fees”). If you are taking advantage of any limited time trial-period offer and you do not cancel the service on or before the last day of the trial period, you are authorizing us to charge your payment method for the service. Unless otherwise indicated, all Fees are in United States Dollars (USD).
5. Refund and Exchange Policy. If you, for any reason, are not satisfied with your purchase, we will offer you a full refund within 7-days of purchase. If you are not satisfied with your purchase, please email us in the 7-day window at meg@thescoliotherapist.com with your receipt and we will issue a refund to the original payment method within 60 business days.
6. Chargebacks. By attempting a chargeback with your financial institution, either on purpose or by mistake, you are expressly agreeing to pay the full cost of your original purchase, plus any fees or associated costs incurred by Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC. We have the right to present these Terms to your financial institution, any payment processing company and/or investigating agency concerning the attempted chargeback or financial dispute.
7. Promotions and Discounts. We may offer promotions, limited time offers, bonuses, or discounts (“Promotions”) to potential customers from time-to-time via advertising and marketing. You are entitled to the Promotion offered at the time of purchase. Promotions are offered manually and/or through automated campaigns at any given time and are not guaranteed to be available when you make a purchase through the Site. We reserve the right to change or alter any Promotions at any time and at our sole discretion. If you made a purchase of our Products prior to any associated Promotions, we are unable to honor the new offer.
8. License to Use Product(s). So long as You comply with these Terms, Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC grants You ONE revocable, worldwide, non-exclusive, non-transferable license to download, view, edit, copy and print the Product(s) You purchase, solely for Your individual use with respect to Your business clients or similar business use, and which is not to include any reproduction, copying, or any other use of the Product(s) for resale or distribution (“Permitted Use”), provided that You: (1) abide by all copyright protections afforded to the Product(s), both as formally registered with the U.S. Copyright Office and as otherwise provided by law; (2) abide by all trademark protections afforded to the Product(s), both as formally registered with the U.S. Patent and Trademark Office, a state trademark authority, or as otherwise provided by common law; (3) do not use the Product(s) or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and (4) do not modify the Product(s) in any way beyond edits and completions necessary to complete any forms and other Product(s) consistent with Permitted Use provided by these Terms.
If you violate this license by giving away or selling a copy of our Product(s) to any third party, We reserve the right to invoice you for the licenses you have gifted to others, revoke your access to our Product(s) permanently, and/or sue for any and all damages.
Such permission to modify Product(s) consistent with Permitted Use in no way expands the limited license provided herein, nor does grant You intellectual property ownership in, or provide a general right to modification of, the Product(s).
9. Intellectual Property. All Products are the intellectual property of and are owned by Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC. Nothing in these Terms transfers any intellectual property ownership beyond the limited license described in the above section, and we reserve all rights not expressly granted to you. Permission to alter or modify the Products in a way that is consistent with the Terms of Purchase does not grant you intellectual property ownership or the right to modify the Products beyond these conditions, and in no way expands the limited license provided upon purchase.
10. Disclaimer. Our Products and any content included with or in any of our Products is merely meant to be informational and educational in nature and does not represent any level of legal, medical, financial, or other professional industry-specific advice. As such, Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC will not be responsible for any damages that result from the use of the Products.
11. Limitation of Liability. In no event shall Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC be liable under this Agreement to You or any other third-party for any consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not You were advised of such damages, and (c) the legal or equitable theory, whether contract, tort, or otherwise, upon which the claim is based.
12. No Warranties. MINDFUL MOVEMENT LLC, THESCOLIOTHERAPIST, SCOLIOLOGIC LLC PRODUCT(S) ARE PROVIDED “AS-IS” AND WE DO NOT OFFER ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS, SERVICES, OR COURSES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OBTAINING MATERIALS AVAILABLE THROUGH THESE SITES IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. MINDFUL MOVEMENT LLC, THESCOLIOTHERAPIST, AND SCOLIOLOGIC LLC MAKES NO WARRANTY THAT THE SITES, PRODUCTS OR MATERIALS WILL BE ACCURATE AND RELIABLE IN ALL INSTANCES.
13. No Guarantees. Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC does not make any guarantees as to the results, including financial or other personal or business or financial gains. Any information included in and with the Products is provided for informational purposes only.
14. Maximum Damages. The sole remedy for any actions or claims shall be limited to and shall not exceed the total purchase price paid by Purchaser for the Product(s) it purchased under this Agreement from Mindful Movement LLC, Thescoliotherapist and Scoliologic LLC.
15. Age of Majority. By using the Site, any Products, or services for which You tender payment or otherwise obtain through the Site, You represent and warrant that you are at least the age of majority in your state or province of residence, or otherwise legally able to enter into a valid contract.
16. 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.
17. Severability If any provision of these Terms 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 will remain in full force and effect.
18. Governing Law; Jurisdiction; 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 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. The Federal and state courts located in Beaufort County, South Carolina shall have sole and exclusive jurisdiction over any disputes arising under, or in any way connected with or related to, the terms of this Agreement
19. 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, harmless from and against any and all third-party claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, that arise from your use or misuse of this site. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.
20. Entire Agreement. These Terms, along with our Privacy Policy and Terms of Use constitute the entire agreement between the Parties and can only be modified or changed in writing signed by both Parties.
21. No Transfer. This Agreement cannot be transferred or assigned to any third-party unless in writing signed by both Parties.
22. 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.
23. Questions. If you have any questions about this Site or the Terms of Purchase, please contact us: meg@thescoliotherapist.com.
View our Privacy Policy HERE.
View our Terms of Use HERE.