1. ACCEPTANCE OF TERMS
1.1 Ares Southwest Health, LLC, an Arizona limited liability company doing business as NeuIntention Health and Wellness (referred to herein as “NeuIntention”, “Us”, “We”, or “Our”), makes available http://www.neuintention.com/ (hereinafter referred to as the “Site”), providing access to on-site and online coaching, functional post- rehabilitation services, and various fixed term exercise programs (referred to as “Offerings”), subject to your compliance with the following Terms of Service (“Terms”), as well as any other written agreement(s) between Us and you.
“Terms”), as well as any other written agreement(s) between Us and you.
1.2 We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site after such modifications will constitute acknowledgment and acceptance of the modified Terms.
1.3 As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, instructors, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents and Offerings available on this Site.
1.4 All Services through our website may be cancelled within 72 hours of purchase. All sales of Products are FINAL. We may, in our sole discretion, limit or cancel the services offered on our website or limit the sales of our services to any person, household, geographic region or jurisdiction. Prices for our services vary and are subject to change, without notice. Unless otherwise indicated, prices displayed on our website are estimates and quoted in American dollars. We reserve the right, in our sole discretion, to refuse registration, including without limitation, orders that appear to be placed by competitors. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.
1.5 This website is intended for use by individuals 18 years of age or older. If you are under the age of 18, you may use the Site and Our services only with the written permission of your parent or guardian, and only if such parent or guardian consents to be bound by the Agreement.
You may not use the Site, register an account, or use Our services under any circumstances if you are under 13 years of age.
1.6 By using this Site you 1) Represent and warrant to us that you are not a competitor of NeuIntention, or engaged in any business, activity, or mission directly or indirectly, that could be competitive with the business or activities of NeuIntention, and are not using the Site for any reason that may be in competition with the Site or any other product or service offered by NeuIntention, and 2) YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE OR OFFERINGS AVAILABLE ON THIS SITE, OR THESE TERMS IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR OFFERINGS.
2.1 Offerings. We provide a number of Offerings for users through the Site, including, but not limited to, registration of online account, online purchase and download of content, and participation in online commentary, blogs, and/or forums regarding the offered content
2.2 No Guarantee. The information provided on this site and in these offerings is for general informational purposes only. We do our best to provide accurate and effective information, but anyone participating in these forums, or purchasing content is still responsible to research any relevant topics or information of interest. Although We work hard to provide quality Offerings for growth, fitness, and rehabilitation, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or Offerings available on the Site. Likewise, we do not promise, guarantee, or assert that the purchase or use of any of Our content will qualify any individuals to provide, train, or assist others in physical wellness or rehabilitation services in the State of Arizona or any other jurisdiction. The Content and/or Offerings on Our Site are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website. Please See Section 6 of these Terms for full disclaimers.
2.3 Refunds. NeuIntention prides itself on providing you with integrous service and quality customer care; however, any content not canceled within 72 hours and all merchandise,
purchased on Site is non-refundable. All contact and notices regarding dissatisfaction can be emailed to email@example.com.
2.4 Temporary Interruptions. You understand and agree that temporary interruptions of the Site may occur as normal events that are out of Our control. You also understand and agree that We have no control over the third-party networks or service(s) that we may use to provide you with Offerings. You agree that the Offerings available through this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, or mis-delivery of, or failure to store, any user communications or material uploaded by you.
3. OUR INTELLECTUAL PROPERTY
3.1 Content. For purposes of these Terms, “content” is defined as any information, communications, published works, photos, videos, graphics, music, sounds, or other materials that can be viewed, downloaded, or purchased by users on our Site and is owned by NeuIntention, Our Affiliates or Our licensors.
3.2 Ownership of Content. All content on the Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by Us or Our licensors. No content may be copied, distributed, republished, uploaded, posted, or transmitted in any way except as provided expressly in these Terms or with Our prior express written consent. Any use of the content other than as permitted by these Terms, or any other unauthorized use of the content may make you liable to NeuIntention or its licensors for violation of intellectual property rights.
3.3 Trademarks. Trademarks or service marks of NeuIntention include, but are not limited to, NeuIntention; and the NeuIntention logo. All custom graphics, icons, logos, and service names are registered trademarks, trademarks or service marks of NeuIntention or our Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of NeuIntention, Our Affiliates, or Our licensors.
3.4 Site Use. NeuIntention grants you a limited, revocable, nonexclusive license to use the content on the Site solely for your own personal or non-commercial purposes only and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You may not use any content from the Site which is not owned by you for commercial use. You agree not to copy the Site or content located on the Site; to reverse engineer or break into the Site; or to use content, products, or services in violation of any law. Any use of the Site or the
content contained therein other than as specifically authorized in the Agreement, without the prior written permission of NeuIntention, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in the Agreement shall be construed as conferring to you, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site at any time and to block or prevent your future access to, and use of, the Site.
3.5 No Warranty for Third-Party Infringement. Neither We nor Our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of other users of the Site or of third parties.
4. YOUR INTELLECTUAL PROPERTY
4.2 Copyright Notice. We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing NeuIntention content or Submissions, a decision may be made to remove or disable access to such content or Submissions, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). If you believe that you or someone else’s copyright has been infringed by content or Submissions provided on this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to us immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:
i. Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
ii. Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holder’s work(s) (for example, file name or URL of the page(s) that contain(s) the material);
iii. The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);
iv. A statement that the Rights Holder has a good faith belief that the use of the material identified above in Part ii is not authorized by the copyright owner, its agent, or the law;
v. A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
vi. The Rights Holder’s signature or electronic signature.
Notice may be sent to us by e-mailing us at firstname.lastname@example.org.
4.3 You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, We may temporarily or permanently remove the identified materials from Our Site without liability to you or any other party.
5. PRIVACY & SECURITY
5.1 Payment Info. In order to complete purchase of any of Our courses, you will be required to provide Us with certain identification and financial information (“Payment Info”). By using this Site, you agree that all Payment Info provided by you is true, accurate, and current. Any cost incurred by Us as a result of incorrect Payment Info provided by you will be charged to you. Payment information may be collected via a third-party site, invoice, or application.
5.2 Login Required. In order to access some of the Offerings on this Site, such as registration for course or use of content, you may be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required to keep it current, complete and accurate. Account and/or membership sharing is strictly prohibited.
5.3 Passwords & Security. If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password and that you are
fully responsible for all activities that occur under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Our employees will never ask you for your password.
5.4 Registration Cancellation. Membership to our Site may be cancelled, at any time, by sending an email requesting cancellation to email@example.com.
6.1 ALL CONTENT AND OFFERINGS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR OFFERINGS WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, OFFERINGS OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE INFORMATION OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR OFFERINGS OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR OFFERINGS PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR NEEDS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
6.2 WE ARE CERTIFIED PERSONAL TRAINING PROFESSIONALS EDUCATED IN VARIOUS AREAS INCLUDING SOFT TISSUE AND JOINT MOBILIZATION, NOT LICENSED PHYSICIANS. THE INFORMATION PROVIDED ON THIS SITE IS INTENDED FOR YOUR GENERAL KNOWLEDGE ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR TREATMENT FOR SPECIFIC MEDICAL CONDITIONS. YOU SHOULD NOT USE THIS INFORMATION TO DIAGNOSE OR TREAT A HEALTH PROBLEM OR DISEASE WITHOUT CONSULTING WITH A QUALIFIED HEALTHCARE PROVIDER. PLEASE CONSULT YOUR HEALTHCARE PROVIDER WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING YOUR CONDITION. YOU ALSO UNDERSTAND AND ACKNOWLEDGE THAT YOU SHOULD NEVER DISREGARD OR DELAY SEEKING MEDICAL ADVICE RELATING TO TREATMENT OR STANDARD OF CARE BECAUSE OF INFORMATION CONTAINED IN OR TRANSMITTED THROUGH THE WEBSITE. MEDICAL INFORMATION CHANGES CONSTANTLY. THEREFORE, THE INFORMATION ON THIS SITE OR ON THE LINKED
WEBSITES SHOULD NOT BE CONSIDERED CURRENT, COMPLETE OR EXHAUSTIVE, NOR SHOULD YOU RELY ON SUCH INFORMATION TO RECOMMEND A COURSE OF TREATMENT FOR YOU OR ANY OTHER INDIVIDUAL. RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEBSITE OR ANY LINKED WEBSITES IS SOLELY AT YOUR OWN RISK.
6.3 THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND OFFERINGS AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS, SERVICES OR OFFERINGS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR INFORMATION AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR INFORMATION.
THE USE OF THE OFFERINGS OR OTHER ACQUISITION OF ANY PRODUCTS, SERVICES OR OFFERINGS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES YOU INCUR AS A RESULT.
6.5 NEUINTENTION ACCEPTS NO RESPONSIBILITY FOR THE CONTENT OF ANY ADVERTISER OR THIRD-PARTY LINK DISPLAYED ON THE SITE. USER AGREES AND UNDERSTANDS THAT THE INCLUSION OF ANY THIRD- PARTY CONTENT, INCLUDING ADVERTISING, IN NO WAY IMPLIES APPROVAL OR RECOMMENDATIONS OF SAID THIRD-PARTY OR ADVERTISER BY NEUINTENTION.
6.6 SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
7. LIMITATION OF LIABILITY & INDEMNIFICATION
7.1 IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS; YOUR USE OF THE INFORMATION OR CONTENT CONTAINED ON THE SITE; YOUR USE OF ANY PRODUCTS OR SERVICES ADVERTISED ON THE SITE; OR YOUR RELIANCE UPON THE ACCURACY OF INFORMATION CONTAINED ON THE SITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
7.2 YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US AND OUR AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES THAT MAY ARISE FROM YOUR USE OR MISUSE OF THIS SITE OR ANY OF THE CONTENT CONTAINED THEREIN. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
8. TERMINATION OF USE
8.1 Grounds for Termination. You agree that We may, at Our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Breach of these terms can occur in many ways including, but not limited to, the use of profanity, abusive language, uploading of, or use of, sexually explicit photos or language, uploading or use of violent images or language, and unauthorized commercial solicitations. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.
8.2 No Right to Offerings Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Offerings and/or the Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by Us in connection therewith. Sections 1-7 and 9 of these Terms, as well as your liability for any unpaid fees, shall survive any termination.
9. MISCELLANEOUS PROVISIONS
9.1 International Use. Although this Site may be accessible worldwide, those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not
limited to, the taxation of products purchased over the Internet. Any offer for any product, Service, and/or information made in connection with this Site is void where prohibited. We will not ship items to any location outside of the United States of America.
9.2 Governing Law. This Site (excluding any Third-Party websites) is controlled by Us from Our location in Maricopa County, Arizona, and the statutes and laws of the State of Arizona shall be controlling, without regard to the conflicts of laws principles thereof. Any dispute arising out of this Agreement or your use of the Site shall be decided solely and exclusively by State or Federal courts located in Maricopa County, Arizona. Any party who unsuccessfully challenges the enforceability of this forum selection clause shall reimburse NeuIntention for Our reasonable attorney’s fees for defending such challenge. Likewise, in the event that NeuIntention successfully defends any dispute arising out of the terms of this Agreement, the challenging party shall reimburse Our attorneys’ fees.
9.3 Notices. All notices to NeuIntention shall be in writing and shall be sent firstname.lastname@example.org. You agree to allow Us to submit notices to you using the email address provided by you in the Registration/Payment Info. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication on the delivery date when transmitted by email.
9.4 No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site or Offerings provided through this Site, beyond the limited rights granted to you under Section 3 of these Terms.
9.5 Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Offerings available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
9.6 Savings Clause. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
9.7 No Waiver. Any failure by Us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
9.8 Entire Agreement. These Terms constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.