OVERVIEW
This website is
operated by Physiotherapyjoint. Throughout the
site, the terms “we”, “us” and “our” refer
to Physiotherapyjoint. Physiotherapyjoint offers this
website, including all information, tools
and services available from this site to
you, the user, conditioned upon your
acceptance of all terms, conditions,
policies and notices stated here.
By
visiting our site and/ or purchasing
something from us, you engage in our
“Service” and agree to be bound by the
following terms and conditions (“Terms of
Service”, “Terms”), including those
additional terms and conditions and policies
referenced herein and/or available by
hyperlink. These Terms of Service apply to
all users of the site, including without
limitation users who are browsers, vendors,
customers, merchants, and/ or contributors
of content.
Please read these
Terms of Service carefully before accessing
or using our website. By accessing or using
any part of the site, you agree to be bound
by these Terms of Service. If you do not
agree to all the terms and conditions of
this agreement, then you may not access the
website or use any services. If these Terms
of Service are considered an offer,
acceptance is expressly limited to these
Terms of Service.
Any new
features or tools which are added to the
current store shall also be subject to the
Terms of Service. You can review the most
current version of the Terms of Service at
any time on this page. We reserve the right
to update, change or replace any part of
these Terms of Service by posting updates
and/or changes to our website. It is your
responsibility to check this page
periodically for changes. Your continued use
of or access to the website following the
posting of any changes constitutes
acceptance of those changes.
Our
store is hosted on Shopify Inc. They provide
us with the online e-commerce platform that
allows us to sell our products and services
to you.
SECTION 1 - ONLINE STORE
TERMS
By agreeing to these Terms
of Service, you represent that you are at
least the age of majority in your state or
province of residence, or that you are the
age of majority in your state or province of
residence and you have given us your consent
to allow any of your minor dependents to use
this site.
You may not use our products
for any illegal or unauthorized purpose nor
may you, in the use of the Service, violate
any laws in your jurisdiction (including but
not limited to copyright laws).
You
must not transmit any worms or viruses or
any code of a destructive nature.
A
breach or violation of any of the Terms will
result in an immediate termination of your
Services.
SECTION 2 - GENERAL
CONDITIONS
We reserve the right
to refuse service to anyone for any reason
at any time.
You understand that your
content (not including credit card
information), may be transferred unencrypted
and involve (a) transmissions over various
networks; and (b) changes to conform and
adapt to technical requirements of
connecting networks or devices. Credit card
information is always encrypted during
transfer over networks.
You agree not
to reproduce, duplicate, copy, sell, resell
or exploit any portion of the Service, use
of the Service, or access to the Service or
any contact on the website through which the
service is provided, without express written
permission by us.
The headings used in
this agreement are included for convenience
only and will not limit or otherwise affect
these Terms.
SECTION 3 -
ACCURACY, COMPLETENESS AND TIMELINESS OF
INFORMATION
We are not
responsible if information made available on
this site is not accurate, complete or
current. The material on this site is
provided for general information only and
should not be relied upon or used as the
sole basis for making decisions without
consulting primary, more accurate, more
complete or more timely sources of
information. Any reliance on the material on
this site is at your own risk.
This
site may contain certain historical
information. Historical information,
necessarily, is not current and is provided
for your reference only. We reserve the
right to modify the contents of this site at
any time, but we have no obligation to
update any information on our site. You
agree that it is your responsibility to
monitor changes to our site.
SECTION
4 - MODIFICATIONS TO THE SERVICE AND
PRICES
Prices for our products
are subject to change without notice.
We
reserve the right at any time to modify or
discontinue the Service (or any part or
content thereof) without notice at any
time.
We shall not be liable to you or
to any third-party for any modification,
price change, suspension or discontinuance
of the Service.
SECTION 5 -
PRODUCTS OR SERVICES (if applicable)
Certain
products or services may be available
exclusively online through the website.
These products or services may have limited
quantities and are subject to return or
exchange only according to our Return
Policy.
We have made every effort to
display as accurately as possible the colors
and images of our products that appear at
the store. We cannot guarantee that your
computer monitor's display of any color will
be accurate.
We reserve the right, but
are not obligated, to limit the sales of our
products or Services to any person,
geographic region or jurisdiction. We may
exercise this right on a case-by-case basis.
We reserve the right to limit the quantities
of any products or services that we offer.
All descriptions of products or product
pricing are subject to change at anytime
without notice, at the sole discretion of
us. We reserve the right to discontinue any
product at any time. Any offer for any
product or service made on this site is void
where prohibited.
We do not warrant
that the quality of any products, services,
information, or other material purchased or
obtained by you will meet your expectations,
or that any errors in the Service will be
corrected.
SECTION 6 - ACCURACY
OF BILLING AND ACCOUNT INFORMATION
We
reserve the right to refuse any order you
place with us. We may, in our sole
discretion, limit or cancel quantities
purchased per person, per household or per
order. These restrictions may include orders
placed by or under the same customer
account, the same credit card, and/or orders
that use the same billing and/or shipping
address. 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. We reserve the
right to limit or prohibit orders that, in
our sole judgment, appear to be placed by
dealers, resellers or distributors.
You
agree to provide current, complete and
accurate purchase and account information
for all purchases made at our store. You
agree to promptly update your account and
other information, including your email
address and credit card numbers and
expiration dates, so that we can complete
your transactions and contact you as
needed.
For more detail, please
review our Returns Policy.
SECTION
7 - OPTIONAL TOOLS
We may provide
you with access to third-party tools over
which we neither monitor nor have any
control nor input.
You acknowledge and
agree that we provide access to such tools
”as is” and “as available” without any
warranties, representations or conditions of
any kind and without any endorsement. We
shall have no liability whatsoever arising
from or relating to your use of optional
third-party tools.
Any use by you of
optional tools offered through the site is
entirely at your own risk and discretion and
you should ensure that you are familiar with
and approve of the terms on which tools are
provided by the relevant third-party
provider(s).
We may also, in the
future, offer new services and/or features
through the website (including, the release
of new tools and resources). Such new
features and/or services shall also be
subject to these Terms of Service.
SECTION
8 - THIRD-PARTY LINKS
Certain
content, products and services available via
our Service may include materials from
third-parties.
Third-party links on
this site may direct you to third-party
websites that are not affiliated with us. We
are not responsible for examining or
evaluating the content or accuracy and we do
not warrant and will not have any liability
or responsibility for any third-party
materials or websites, or for any other
materials, products, or services of
third-parties.
We are not liable for
any harm or damages related to the purchase
or use of goods, services, resources,
content, or any other transactions made in
connection with any third-party websites.
Please review carefully the third-party's
policies and practices and make sure you
understand them before you engage in any
transaction. Complaints, claims, concerns,
or questions regarding third-party products
should be directed to the third-party.
SECTION
9 - USER COMMENTS, FEEDBACK AND OTHER
SUBMISSIONS
If, at our request,
you send certain specific submissions (for
example contest entries) or without a
request from us you send creative ideas,
suggestions, proposals, plans, or other
materials, whether online, by email, by
postal mail, or otherwise (collectively,
'comments'), you agree that we may, at any
time, without restriction, edit, copy,
publish, distribute, translate and otherwise
use in any medium any comments that you
forward to us. We are and shall be under no
obligation (1) to maintain any comments in
confidence; (2) to pay compensation for any
comments; or (3) to respond to any
comments.
We may, but have no
obligation to, monitor, edit or remove
content that we determine in our sole
discretion are unlawful, offensive,
threatening, libelous, defamatory,
pornographic, obscene or otherwise
objectionable or violates any party’s
intellectual property or these Terms of
Service.
You agree that your comments
will not violate any right of any
third-party, including copyright, trademark,
privacy, personality or other personal or
proprietary right. You further agree that
your comments will not contain libelous or
otherwise unlawful, abusive or obscene
material, or contain any computer virus or
other malware that could in any way affect
the operation of the Service or any related
website. You may not use a false e‑mail
address, pretend to be someone other than
yourself, or otherwise mislead us or
third-parties as to the origin of any
comments. You are solely responsible for any
comments you make and their accuracy. We
take no responsibility and assume no
liability for any comments posted by you or
any third-party.
SECTION 10 -
PERSONAL INFORMATION
Your
submission of personal information through
the store is governed by our Privacy Policy.
To view our Privacy Policy.
SECTION
11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally
there may be information on our site or in
the Service that contains typographical
errors, inaccuracies or omissions that may
relate to product descriptions, pricing,
promotions, offers, product shipping
charges, transit times and availability. We
reserve the right to correct any errors,
inaccuracies or omissions, and to change or
update information or cancel orders if any
information in the Service or on any related
website is inaccurate at any time without
prior notice (including after you have
submitted your order).
We undertake no
obligation to update, amend or clarify
information in the Service or on any related
website, including without limitation,
pricing information, except as required by
law. No specified update or refresh date
applied in the Service or on any related
website, should be taken to indicate that
all information in the Service or on any
related website has been modified or
updated.
SECTION 12 - PROHIBITED
USES
In addition to other
prohibitions as set forth in the Terms of
Service, you are prohibited from using the
site or its content: (a) for any unlawful
purpose; (b) to solicit others to perform or
participate in any unlawful acts; (c) to
violate any international, federal,
provincial or state regulations, rules,
laws, or local ordinances; (d) to infringe
upon or violate our intellectual property
rights or the intellectual property rights
of others; (e) to harass, abuse, insult,
harm, defame, slander, disparage,
intimidate, or discriminate based on gender,
sexual orientation, religion, ethnicity,
race, age, national origin, or disability;
(f) to submit false or misleading
information; (g) to upload or transmit
viruses or any other type of malicious code
that will or may be used in any way that
will affect the functionality or operation
of the Service or of any related website,
other websites, or the Internet; (h) to
collect or track the personal information of
others; (i) to spam, phish, pharm, pretext,
spider, crawl, or scrape; (j) for any
obscene or immoral purpose; or (k) to
interfere with or circumvent the security
features of the Service or any related
website, other websites, or the Internet. We
reserve the right to terminate your use of
the Service or any related website for
violating any of the prohibited uses.
SECTION
13 - DISCLAIMER OF WARRANTIES; LIMITATION OF
LIABILITY
We do not guarantee,
represent or warrant that your use of our
service will be uninterrupted, timely,
secure or error-free.
We do not warrant
that the results that may be obtained from
the use of the service will be accurate or
reliable.
You agree that from time to
time we may remove the service for
indefinite periods of time or cancel the
service at any time, without notice to
you.
You expressly agree that your use
of, or inability to use, the service is at
your sole risk. The service and all products
and services delivered to you through the
service are (except as expressly stated by
us) provided 'as is' and 'as available' for
your use, without any representation,
warranties or conditions of any kind, either
express or implied, including all implied
warranties or conditions of merchantability,
merchantable quality, fitness for a
particular purpose, durability, title, and
non-infringement.
In no case shall The
New Find, our directors, officers,
employees, affiliates, agents, contractors,
interns, suppliers, service providers or
licensors be liable for any injury, loss,
claim, or any direct, indirect, incidental,
punitive, special, or consequential damages
of any kind, including, without limitation
lost profits, lost revenue, lost savings,
loss of data, replacement costs, or any
similar damages, whether based in contract,
tort (including negligence), strict
liability or otherwise, arising from your
use of any of the service or any products
procured using the service, or for any other
claim related in any way to your use of the
service or any product, including, but not
limited to, any errors or omissions in any
content, or any loss or damage of any kind
incurred as a result of the use of the
service or any content (or product) posted,
transmitted, or otherwise made available via
the service, even if advised of their
possibility. Because some states or
jurisdictions do not allow the exclusion or
the limitation of liability for
consequential or incidental damages, in such
states or jurisdictions, our liability shall
be limited to the maximum extent permitted
by law.
SECTION 14 -
INDEMNIFICATION
You agree to
indemnify, defend and hold harmless The New
Find and our parent, subsidiaries,
affiliates, partners, officers, directors,
agents, contractors, licensors, service
providers, subcontractors, suppliers,
interns and employees, harmless from any
claim or demand, including reasonable
attorneys’ fees, made by any third-party due
to or arising out of your breach of these
Terms of Service or the documents they
incorporate by reference, or your violation
of any law or the rights of a
third-party.
SECTION 15 -
SEVERABILITY
In the event that
any provision of these Terms of Service is
determined to be unlawful, void or
unenforceable, such provision shall
nonetheless be enforceable to the fullest
extent permitted by applicable law, and the
unenforceable portion shall be deemed to be
severed from these Terms of Service, such
determination shall not affect the validity
and enforceability of any other remaining
provisions.
SECTION 16 -
TERMINATION
The obligations and
liabilities of the parties incurred prior to
the termination date shall survive the
termination of this agreement for all
purposes.
These Terms of Service are
effective unless and until terminated by
either you or us. You may terminate these
Terms of Service at any time by notifying us
that you no longer wish to use our Services,
or when you cease using our site.
If in
our sole judgment you fail, or we suspect
that you have failed, to comply with any
term or provision of these Terms of Service,
we also may terminate this agreement at any
time without notice and you will remain
liable for all amounts due up to and
including the date of termination; and/or
accordingly may deny you access to our
Services (or any part thereof).
SECTION
17 - ENTIRE AGREEMENT
The failure
of us to exercise or enforce any right or
provision of these Terms of Service shall
not constitute a waiver of such right or
provision.
These Terms of Service and
any policies or operating rules posted by us
on this site or in respect to The Service
constitutes the entire agreement and
understanding between you and us and govern
your use of the Service, superseding any
prior or contemporaneous agreements,
communications and proposals, whether oral
or written, between you and us (including,
but not limited to, any prior versions of
the Terms of Service).
Any ambiguities
in the interpretation of these Terms of
Service shall not be construed against the
drafting party.
SECTION 18 -
GOVERNING LAW
These Terms of
Service and any separate agreements whereby
we provide you Services shall be governed by
and construed in accordance with the laws of
United States.
SECTION 19 -
CHANGES TO TERMS OF SERVICE
You
can review the most current version of the
Terms of Service at any time at this
page.
We reserve the right, at our sole
discretion, to update, change or replace any
part of these Terms of Service by posting
updates and changes to our website. It is
your responsibility to check our website
periodically for changes. Your continued use
of or access to our website or the Service
following the posting of any changes to
these Terms of Service constitutes
acceptance of those changes.
SECTION
20 - CONTACT INFORMATION
Questions
about the Terms of Service should be sent to
us at support@physiotherapyjoint.com