Website Conditions of Use
- Category: Legal
- Last Updated: Wednesday, July 23 2014 16:18
This website (the “Website”) is owned and operated by Performance Health Systems, LLC, a Delaware limited liability company (“PHS”). These Website Conditions of Use (“Conditions”) shall be applicable to all access and use of this Website.
Please read these Conditions of Use carefully before accepting them. Then print these Conditions of Use and store them. We will not file our contract with you so please print it out for your records. These Conditions of Use are subject to change (as set out below).
- Revisions. PHS reserves the right to change, suspend or discontinue, at any time, any aspect or feature of the Website, including, but not limited to, content, hours of availability, and equipment needed for access or use. PHS also reserves the right to change or modify the Conditions of Use applicable to your use of the Website, or any part thereof, or to impose new conditions, at any time either by emailing you notification of the new conditions and/or by publishing the modified Conditions of Use on the relevant pages of the Website. All such changes will take effect within 30 days once they have been posted on the Website or emailed to you and you will be deemed to have accepted any such changes by your use of the Website following such time. Therefore, PHS encourages you to regularly review these Conditions of Use.
Intended Audience and Use. This Website is intended for and directed to adults. This Website is specifically not for use by any children under the age of 13. The content on the Website is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis or treatment. PHS is first and foremost concerned for your safety, and we urge you consult with a physician or health specialist before using Power Plate® products.
- YOU SHOULD CONSULT A PHYSICIAN BEFORE BEGINNING ANY EXERCISE PROGRAM, INCLUDING A PROGRAM INVOLVING THE USE OF THE POWER PLATE® MACHINE.
- IF YOU HAVE ANY KNOWN MEDICAL CONDITION, OR ANY PHYSICAL LIMITATIONS ON YOUR ABILITY TO EXERCISE, PHS STRONGLY RECOMMENDS THAT YOU SEEK THE ADVICE OF A PHYSICIAN BEFORE USING THE POWER PLATE® MACHINE.
- IF, WHILE USING THE POWER PLATE® MACHINE, YOU FEEL DIZZY, FAINT, SHORT OF BREATH, OR ANY PAIN, STOP USING THE POWER PLATE® MACHINE IMMEDIATELY, AND CONSULT A PHYSICIAN.
- Intellectual Property. Your use of the Website and its contents grants no rights to you in relation to PHS’s intellectual property rights including, without limitation, copyright, trademarks (both registered and unregistered), logos, graphics, photographs, animations, videos and text or to the intellectual property of third parties in the Website and its contents. You may not, without limitation, copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Website, or the computer codes of elements comprising the Website other than for your own personal use. Subject to the above, you may download insubstantial excerpts of this content to your hard disk or other storage media for the purpose of viewing it provided that no more than one copy of any information is made. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter or modify the content on this Website. Any use other than that permitted under these Conditions of Use may only be undertaken with PHS’s prior express authorization.
- You may be asked to register on the Website in order to purchase Power Plate® products, register your warranty and participate in other interactive services. The availability of these services varies by country, and, in the future, PHS may add other interactive services that may be accessed through the Website. Some products and services are only available to users based in some countries and not others.
- You agree to register using the website for the country in which you reside. For example, if you reside in the United States, you will register on this Website; if you reside in the United Kingdom, you will register on Power Plate’s United Kingdom website. When you register, you will select a user name and password. You are responsible for maintaining the confidentiality of the user name and password, and you are responsible for all activities that occur under your user name and password, whether or not authorized by you. You agree to immediately notify PHS of any unauthorized use of your user name and password.
- By registering on the Website, you agree to provide accurate and current information about yourself as prompted by the registration pages and to maintain and promptly update your online profile information to keep it accurate and current.
Use of the Website and Termination of Use.
- You agree that in using the Website you will not: (i) use the Website in any way that may lead to the encouragement, procurement or carrying out of any illegal or criminal activity; (ii) use the Website for any purpose other than your personal or legitimate business use; or (iii) penetrate or attempt to penetrate the Website security measures protecting the Website.
- You agree that you will not use the Website for transmission of chain letters, junk mail, ‘spamming,’ solicitations (commercial or non-commercial) or bulk communications of any kind, including, but not limited to, distribution lists to any person who has not given specific permission to be included in such a list. You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating but not limited to any employee or consultant of PHS. You further agree not to adopt an inappropriate user name of any kind.
- You may not use the Website to post or transmit content or materials that expose PHS to any liability or adverse impact of any type as determined by PHS in its sole discretion. You may not use the Website to post, disseminate, or transmit any content that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, or invasive of another’s privacy. You may not use the Website to post, disseminate, or transmit any content that infringes or violates any party’s copyright, trademark, trade secret, patent, or other proprietary right, including, but not limited to, using third-party copyrighted materials without appropriate permission, using third-party trademarks without appropriate permission or attribution, and/or using or distributing third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality. If you have any comments or complaints regarding content or materials posted on the Website, please contact us at Performance Health Systems, LLC
- PHS reserves the right to suspend, restrict or terminate your access to the Website at any time without notice at its sole discretion, without limitation to any of PHS’s other rights.
401 Huehl Road, Suite 2A
Northbrook, IL 60062
- Terms and Conditions of Sale. PHS and/or Power Plate’s worldwide network of licensed distributors may make Power Plate® products available for purchase through their websites. Additional terms and conditions may apply to the purchase of Power Plate® products through such websites.
- Links to Other Websites. The Website may provide links to, or may be linked from, other websites and/or resources, including advertisers, over which PHS has no control. These links are provided solely as a convenience to you and should not be construed as an endorsement, sponsorship, or recommendation by PHS of content, items, or services on those third-party websites. You access and use such websites, including the content, items, or services on those sites, solely at your own risk. PHS makes no representations or warranties with respect to the content, ownership, or legality of any such linked websites. You agree that PHS has no responsibility or liability for the availability of such external websites or resources, or for the content, advertising, products, or other materials available through such third party websites or resources.
- Linking to This Website. You may not link to the Website without the prior written consent of PHS.
- Third Party Advertising Contained on the Website. PHS does not endorse or guarantee any third party products or services advertised on the Website or any third party sponsoring parts of the Website. Your dealings with advertisers or other third parties found on or through the Website are solely the responsibility of yourself and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items, if any, and any terms, conditions, warranties, or representations associated with such dealings. You agree that PHS will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Website.
Disclaimer of Warranties.
- ALL CONTENT AND SERVICES ON THE WEBSITE ARE PROVIDED BY PHS ON AN “AS IS” AND “AS AVAILABLE” BASIS. PHS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS INCLUDED ON THE WEBSITE. PHS DISCLAIMS ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PHS WILL PROVIDE THE WEBSITE WITH REASONABLE SKILL AND CARE AND SUBSTANTIALLY AS DESCRIBED IN THESE CONDITIONS OF USE. PHS DOES NOT MAKE ANY OTHER PROMISES OR WARRANTIES ABOUT THE WEBSITE OR ANY WEBSITES LINKED TO THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND YOU SHOULD OBTAIN PROFESSIONAL ADVICE WHERE NECESSARY. NOTWITHSTANDING THE PRECEDING SENTENCES OF THIS PARAGRAPH, NOTHING IN THESE CONDITIONS OF USE SHALL RESTRICT YOUR RIGHTS UNDER APPLICABLE LAWS AND/OR YOUR STATUTORY RIGHTS (INCLUDING YOUR RIGHT TO RECEIVE A REASONABLE STANDARD OF SERVICE, IF APPLICABLE).
- THE WEBSITE AND ITS CONTENT ARE PROVIDED FOR GENERAL INFORMATION ONLY AND SHOULD NOT BE RELIED UPON OR USED AS THE BASIS FOR MAKING SIGNIFICANT DECISIONS WITHOUT CONSULTING PRIMARY OR MORE ACCURATE, MORE COMPLETE OR MORE TIMELY SOURCES OF INFORMATION, INCLUDING, BUT NOT LIMITED TO, MEDICAL ADVICE FROM A QUALIFIED MEDICAL PROFESSIONAL. ANY RELIANCE UPON THE WEBSITE AND ITS CONTENT SHALL BE AT YOUR OWN RISK.
- PHS DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS OR E-MAIL SENT FROM PHS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- WHILE PHS USES REASONABLE EFFORTS TO CORRECT ANY ERRORS OR OMISSIONS WITHIN THE WEBSITE AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO PHS’S ATTENTION, PHS DOES NOT WARRANT THAT THE INFORMATION ON THE WEBSITE ITSELF WILL BE FREE FROM ERRORS OR OMISSIONS.
- PHS ATTEMPTS TO BE AS ACCURATE AS POSSIBLE. HOWEVER, PHS DOES NOT WARRANT THAT PRODUCT DESCRIPTIONS OR OTHER CONTENT OF THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
- PHS DOES NOT WARRANT THAT THE WEBSITE WILL BE AVAILABLE UNINTERRUPTED AND IN A FULLY OPERATING CONDITION. ACCESS TO THE WEBSITE MAY BE SUSPENDED TEMPORARILY AND WITHOUT NOTICE IN THE CASE OF SYSTEM FAILURE, MAINTENANCE OR REPAIR OR FOR REASONS BEYOND PHS’S REASONABLE CONTROL.
Limitation of Liability.
- NOTHING IN THESE CONDITIONS OF USE SHALL EXCLUDE OR LIMIT PHS’S LIABILITY FOR FRAUDULENT MISREPRESENTATION OR DEATH OR PERSONAL INJURY RESULTING FROM PHS’S NEGLIGENCE OR THE NEGLIGENCE OF PHS’S EMPLOYEES OR AGENTS.
- IN NO EVENT SHALL PHS, ITS AFFILIATES, LICENSEES, PARENTS, OR SUBSIDIARIES BE LIABLE TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY LOSSES WHICH ARE NOT CURRENTLY FORESEEABLE BY PHS ARISING OUT OF THESE CONDITIONS OF USE OR YOUR USE OF THE WEBSITE.
- PHS SHALL NOT BE LIABLE FOR ANY ATTEMPTS BY YOU TO PARTICIPATE IN THE USE OF THE WEBSITE BY METHODS, MEANS OR WAYS NOT INTENDED BY PHS.
- PHS’S LIABILITY IN TORT, CONTRACT, NEGLIGENCE, PRE-CONTRACT OR OTHER REPRESENTATIONS OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THESE CONDITIONS OF USE SHALL BE LIMITED IN AGGREGATE TO THE NET PAYMENT, IF ANY, MADE BY YOU TO PHS OR PHS’S AFFILIATES VIA THE WEBSITE.
- IN NO EVENT SHALL PHS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST OR ANTICIPATED REVENUE, PROFITS OR LOSS OR USE OF DATA OR INFORMATION OF ANY KIND) ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THESE CONDITIONS OF USE OR THE SUBJECT MATTER OF OR RELATING TO THESE CONDITIONS OF USE, WHETHER BASED ON WARRANTY, CONTRACT, EQUITY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, AND WHETHER OR NOT PHS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THESE LIMITATIONS SHALL APPLY DESPITE ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Consumers. With respect to persons using this Website for purposes that would qualify them as a “consumer” as defined in Magnuson-Moss Warranty Act of 1975, ”MMWA” as in effect at any given time, the following statements are made:
- Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to Customer. IF ANY IMPLIED WARRANTY IS PROVIDED UNDER THE MMWA, IT IS LIMITED TO ONE YEAR FROM THE DATE YOU FIRST ACCESSED THIS WEBSITE.
- Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to Customer.
- This limited warranty stated in these Terms and Conditions gives Customer specific legal rights and Customer may also have other rights that vary from state to state.
- If applicable law limits the application of any of the provisions of these Conditions of Use, then PHS’s liability will be limited to the maximum extent possible.
- Liability. If you cause a technical disruption of the Website or any aspect of its functionality you agree to be responsible for any and all loss, cost, liability or expense PHS may suffer and you will be liable for any attorneys’ fees and costs; the same shall be without limitation of PHS’s other venders in law or equity.
- Indemnification/Compensation. You agree to compensate, indemnify, defend, and hold harmless PHS, its officers, directors, employees, agents, business partners, affiliates, distributors, licensors, and licensees for, from and against all claims, losses, expenses, damages, costs, or demands, resulting from any claim, action, investigation, demand, or proceeding arising in connection with any violation of these Conditions of Use.
- Submissions. All remarks, suggestions, ideas, graphics or other information communicated to PHS or any of is affiliates through this Website will forever be the property of PHS, unless otherwise specified in writing, all material submitted through this Website will be presumed to be public and PHS will not be required to treat the information as confidential. PHS shall have exclusive ownership of all present and future existing rights in the information, without compensation to the person sending the information.
- Amendments. These Conditions of Use may not be altered, supplemented or amended by the use of any other document unless otherwise agreed in writing by both PHS and Customer.
- No Third Party Benefit. The provisions stated herein are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto.
- Waivers. No failure or delay in exercising any right or remedy, or in requiring the satisfaction of any condition, under these Conditions of Use, and no act, omission or course of dealing between the parties, operates as a waiver or estoppel of any right, remedy or condition. A waiver made in writing on one occasion is effective only in that instance and only for the purpose stated. A waiver once given is not to be construed as a waiver on any future occasion or against any other party.
- Severability. If any provision of these Conditions of Use is determined to be invalid, illegal or unenforceable, but if the essential terms and conditions of these Conditions of Use for each party remain valid, binding and enforceable, then the remaining provisions of these Conditions of Use remain in full force.
- Complete Agreement. The terms and conditions in: (i) PHS’s forms; (ii) acknowledgments, (iii) quotations; (iv) invoices; (v) websites; (vi) catalogs and brochures; and (vii) extension of credit are incorporated herein by reference, and constitute the final, entire and exclusive agreement between Customer and PHS. Any attempt to supplement or amend these Conditions of Use or to enter an order for Product pursuant to terms that are subject to additional or altered terms and conditions shall be null and void. The provisions of these Conditions of Use may not be explained, supplemented or qualified through evidence of trade usage or a prior course of dealings.
- Headings.The section headings used herein are for convenience or reference only and do not form a part of these Conditions of Use, and no construction or inference shall be derived from them.
- Rights and Remedies Cumulative. Any enumeration of PHS’s rights and remedies set forth in these Conditions of Use is not intended to be exhaustive. PHS’s exercise of any right or remedy under these Conditions of Use does not preclude the exercise of any other right or remedy. All of PHS’s rights and remedies are cumulative and are in addition to any other right or remedy stated in these Conditions of Use or that may now or subsequently exist at law or in equity, by statute or otherwise.
- Attorneys’ Fees. If PHS takes legal action against Customer for non-payment, or any other breach of these Conditions of Use, and a court makes an award in PHS’s favor, PHS shall be entitled to recover from Customer PHS’s reasonable attorneys’ fees and costs incurred in the action.
- GOVERNING LAW. THE LAWS OF THE STATE OF DELAWARE (WITHOUT GIVING EFFECT TO ITS CONFLICTS OF LAW PRINCIPLES) GOVERN ALL MATTERS ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE TRANSACTIONS IT CONTEMPLATES, INCLUDING, WITHOUT LIMITATION, ITS INTERPRETATION, CONSTRUCTION, PERFORMANCE AND ENFORCEMENT.
- DISPUTE RESOLUTION. ANY CLAIM OR CONTROVERSY BETWEEN THE PARTIES SHALL BE RESOLVED BY ARBITRATION, EXCEPT TO THE EXTENT THAT AN INJUNCTIVE ACTION IS REQUIRED BY EITHER PARTY TO PROTECT ITS CONFIDENTIAL INFORMATION OR INTELLECTUAL PROPERTY. A SINGLE ARBITRATOR ENGAGED IN THE PRACTICE OF LAW SHALL CONDUCT THE ARBITRATION IN CHICAGO, ILLINOIS UNDER THE THEN CURRENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR SHALL HAVE AUTHORITY TO AWARD COMPENSATORY DAMAGES ONLY. THE ARBITRATOR’S AWARD SHALL BE FINAL AND BINDING AND MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. EACH PARTY SHALL BEAR ITS OWN COSTS AND ATTORNEYS’ FEES.
Questions and Comments. PHS welcomes your questions or comments about these Conditions of Use. Please contact us at:
Performance Health Systems, LLC
401 Huehl Road, Suite 2A
Northbrook, IL 60062