Access to and use of this Site is subject to all applicable laws and regulations. To the extent that access, or use of this Site would be deemed illegal by governing law, such access or use is prohibited. BY VISITING ANY AREA ON THE SITE, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, DO NOT USE THE SITE. As long as you comply with these Terms and Conditions and any modifications hereto as permitted below, Treat Yourself Therapy grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.
2. Use of Materials. Materials on this Site (including those streamed or downloaded from the Site), including but not limited to software, images, text, graphics, music, videos, home exercise programs, user interfaces, logos and trademarks, along with the overall "look and feel" of the Site (collectively referred to as the "Material"), are owned or licensed by TREAT YOURSELF THERAPY and are protected under various intellectual property laws.
Except as otherwise indicated on this Site, copying, reproduction, uploading, downloading, transmitting or any other use of the Material, in whole or part, without the express written permission of TREAT YOURSELF THERAPY, is prohibited. However, if you have an Account (described below) with TREAT YOURSELF THERAPY, you may, copy, reproduce, download, transmit and/or print individual pages contained on this Site and stream and/or download digital videos for your personal, non-commercial use, provided you agree not to conceal, remove or alter any trademark, copyright or other notice contained on: (i) this Site; (ii) any of the Material; or (iii) any such individual pages so copied, reproduced, downloaded, transmitted or printed or digital class videos streamed or downloaded.
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
3. Health & Safety Disclaimer. The information in this video is not intended as a substitute for a physician's evaluation nor is it intended to diagnose a medical condition. It is YOUR responsibility to consult your physician to obtain a diagnosis before using a video product. The creators, owners of this Site, and the Material available hereon are not responsible for any injuries you may experience as a result of your use of this Site, the Material Contained hereon, or using a video product. Treat Yourself Therapy shall be held harmless from any and all liability with respect to the information provided herein. You should never perform exercises beyond the level at which you feel comfortable. This warning is not to be discounted. If you are concerned about whether any exercises identified on this Site or in any of the Material are right for you, do NOT do them unless and until you have cleared it with your physician. By remaining on this Site and/or accessing and/or using any material, you are accepting that you have read, understood and agreed to follow these basic instructions.
While Treat Yourself Therapy takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL TREAT YOURSELF THERAPY, OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER TREAT YOURSELF THERAPY WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
5. Conditions of Sale and Payment Terms; Methods of Payment, Credit Card Terms and Taxes. To purchase any goods and/or services on our Site, you must be at least eighteen (18) years of age or the applicable state age of majority. The individual sale of goods and/or services is intended for general public/individual use. Corporations, partnerships, or other legal entities are required to contact Treat Yourself Therapy for information on corporate sales. Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. Please see Treat Yourself Therapy's Shipping and Return Policy for refund information.
6. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Treat Yourself Therapy reserves the right at any time after receipt of your order to accept or decline your order for any reason. Treat Yourself Therapy further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item, if unavailable within our present stock. Your order will be deemed accepted by Treat Yourself Therapy upon shipment of products or performance of services that you have ordered, or upon the completion of the license and delivery of a Digital Download, as indicated by our servers. Title to goods and all risk of loss passes to you upon delivery to the common carrier. All orders placed over $1,000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.
7. No Responsibility To Sell Mispriced Products Or Services. Treat Yourself Therapy shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Treat Yourself Therapy shall have 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 canceled, Treat Yourself Therapy shall immediately issue a credit to your credit card account in the amount of the charge.
8. Modifications to Prices or Billing Terms. Treat Yourself Therapy RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
9. Links. This Site may contain links to other websites that are not controlled and/or maintained by Treat Yourself Therapy. Access to and use of such other websites is at your own risk and subject to any terms, conditions and privacy policies that govern such websites, which may be different from those of Treat Yourself Therapy and/or which may provide their users with less security than this Site. By providing such links, Treat Yourself Therapy shall not be deemed to endorse, recommend, approve or guarantee any third parties or their services or products, or any facts, views, advice, information and/or products found on such websites. Treat Yourself Therapy is not responsible for the content contained on any such sites, or for the failure of any product or service offered for sale on any such sites or for any damages that may result therefrom. Copyrights in the materials or information on the linked sites are owned by other organizations.
10. Limitation of Liability and Use Disclaimer. Treat Yourself Therapy is not responsible for any damages or loss related to the use of this Site or, products or services from this Site. THIS SITE, ALL MATERIAL CONTAINED ON THIS SITE, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE SITE, ITS FEATURES AND FUNCTIONS, WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO WARRANTIES WITH RESPECT TO THE SITE OR THE MATERIALS, PRODUCTS OR SERVICES CONTAINED HEREON INCLUDING BUT NOT LIMITED TO NO WARRANTIES REGARDING TITLE, SECURITY, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. ANY INFORMATION CONTAINED WITHIN THIS SITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING WITHOUT NOTICE AT ANY TIME. TREAT YOURSELF THERAPY RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS SITE WITHOUT NOTICE AT ANY TIME AND ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES. TREAT YOURSELF THERAPY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, CONSEQUENTIAL, DIRECT, INDIRECT AND/OR SPECIAL DAMAGES, THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS SITE OR ANY MATERIALS, PRODUCTS OR SERVICES CONTAINED HEREON, FROM ANY COMPUTER VIRUS, DELAY OR MALFUNCTION, FROM THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIAL OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TREAT YOURSELF THERAPY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS AND CONDITIONS OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT TREAT YOURSELF THERAPY SHALL HAVE IS LIMITED TO ANY AMOUNTS YOU ACTUALLY PAID TO TREAT YOURSELF THERAPY. ORDER INFORMATION, SUCH AS A BILLING OR SHIPPING ADDRESS, THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF TREAT YOURSELF THERAPY. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THESE TERMS AND CONDITIONS) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
Certain jurisdictions prohibit the limitation of liability for certain types of damages, and accordingly, such limitations may not apply to you. In such jurisdictions, Treat Yourself Therapy's liability is limited to the greatest extent allowable under applicable law.
11. Transmitting and Streaming Digital Downloads. Treat Yourself Therapy is not responsible for any damages incurred as a result of any interruption, transmission blackout, delayed transmission or incorrect data transmission over the Internet.
Treat Yourself Therapy does not warrant or represent that this Site will meet your requirements, that access or streaming of Digital Downloads will not be interrupted or delayed, that there will be no failures, errors or omissions or loss of transmitted information, that no viruses will be transmitted or that no damage will occur to your computer system.
13. Applicable Law/Dispute Procedures. Use of this Site and these Terms and Conditions shall be governed by the laws of the State of Utah, without regard to its conflict of law provisions. Any dispute concerning your use of this Site shall be submitted to binding arbitration in Utah within one (1) year from the date that the cause of action arose (or, if multiple causes of action are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association. To the fullest extent permitted by law, no arbitration brought pursuant to these Terms and Conditions shall be joined to any other arbitration initiated pursuant to these Terms and Conditions.
Notwithstanding anything to the contrary set forth in these Terms and Conditions, Treat Yourself Therapy may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of Utah, in the event that Treat Yourself Therapy believes that you have violated or threatened to violate any of Treat Yourself Therapy's intellectual property rights and you hereby consent to the exclusive jurisdiction and venue of such courts.
In the event that any portion of these Terms and Conditions are deemed unenforceable, unlawful or void by a court of competent jurisdiction, in any jurisdiction for any reason because of the scope, duration or area of its applicability or for other reasons, unless narrowed by construction, such provision shall for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable provision had been more narrowly drawn so as not to be invalid, prohibited or unenforceable (or if such language cannot be drawn narrowly enough, the court making any such determination shall have the power to modify, to the extent necessary to make such provision or provisions enforceable in such jurisdiction, such scope, duration or area or all of them, and such provision shall then be applicable in such modified form). If, notwithstanding the foregoing, any such provision would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such provision, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions. No narrowed construction, court-modification or invalidation of any provision shall affect the construction, validity or enforceability of such provision in any other jurisdiction. No waiver by Treat Yourself Therapy of any term or condition of these Terms and Conditions shall be deemed a further or continuing waiver of such term or of any other term, and Treat Yourself Therapy's failure to assert any right or demand compliance with any provision of these Terms and Conditions shall not be deemed to constitute a waiver of any such right or provision.
14. TREAT YOURSELF THERAPY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TREAT YOURSELF THERAPY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
15. Changes in Policy. Please review our other policies, such as our Shipping and Return Policy, posted on this site. These policies also govern your visit to TreatYourselfTherapy.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.