Terms of Service
Last Updated: September 13, 2021
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Terms & Conditions
Thank you for visiting www.unlockyourtightshoulders.com (“Website”). The Website is owned and operated by RK Exercises For Injuries Corp. (“Company”, “We” or “Us”). The following Terms and Conditions govern your use and purchase of products on our Website and are a legally binding agreement between you and us. By accessing and purchasing products or services from this Website, you agree to the following Terms and Conditions.
Please review the Agreement carefully. If you do not agree with the Agreement in its entirety, you are not authorized to visit the website, use or purchase products from the Website in any manner or form whatsoever.
INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS WEBSITE AT ANY TIME. YOUR CONTINUED USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO ANY NEW OR MODIFIED PROVISION OF THIS AGREEMENT THAT MAY BE POSTED ON THE WEBSITE.
THE COMPANY IS NOT A COVERED ENTITY FOR PURPOSES OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), NOR IS THE INFORMATION PROVIDED BY YOU TO US CONSIDERED PROTECTED HEALTH INFORMATION UNDER HIPAA. AS SUCH, THE ADDITIONAL PRIVACY AND SECURITY PROTECTIONS AFFORDED TO CONSUMERS/PATIENTS UNDER HIPAA ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THE AGREEMENT.
The information presented on the Website is provided for informational purposes only and is in no way intended as a substitute for professional medical advice, diagnosis or treatment. The exercises may contain only a portion of information relevant to your circumstances and are simply examples of exercises used as a part of a custom and comprehensive home exercise program designed by a physician or other qualified health care provider. This information and the products provided should only be used in conjunction with the guidance and care of your physician or other qualified health care provider. Consult your physician before taking any supplements offered on or through the Website. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding your health or medical condition. Use of any treatment or advice found on the Website is solely at your own risk.
IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CONTACT YOUR DOCTOR OR CALL 911 IMMEDIATELY.
Orders and Billing.
In consideration for the products you order from the Website, you agree to pay to us the sums listed in the payment box at the time such sums are due and owing. You shall have the choice to pay with a credit card or any other electronic payment method we allow, subject to your authorization for billing.
Return and Refund Policy.
We guarantee a one hundred percent (100%) satisfaction, or you can get your money back. If you are unsatisfied with our product, you can request for a no-question-asked refund of the full purchase price of your order within sixty (60) days from the order date.
To request for a refund, you must follow the following procedures:
- Please contact our Customer Service Team before you return anything. You can send an email to support@ExercisesForInjuries.com, or call 1-888-291-2430 (toll free in the USA and Canada), or send SMS to 1-888-229-4992.
- For physical products –
- On the outside part of the return packaging, place your Exercises for Injuries order number and complete name of the purchased product (“Return Information”). No refunds will be issued for any packages returned with incomplete Return Information.
- Our Customer Service Team will provide you with our return address. Please send us an email to support@ExercisesForInjuries.com and describe the issue in detail, including the return reason, along with your name and email address used in placing your order, your order number, and name of the purchased product.
- You must send all returned product through a shipping method that uses delivery or signature confirmation.
- The returned products must be delivered to and received by us within fifteen (15) business days from the date you requested the refund.
- You are responsible for the costs of returning any physical product.
- Generally, the refund will be issued within 7 to 14 business days after our Returns Department receives the request, or the returned package for physical products.
- The refund will be issued only to the same credit card or payment method that was used to order the product.
- Only the cost of the product can be refunded. Shipping and handling fees are not refundable.
Product Information Disclaimer.
The product information provided on the Website is intended only for residents in the United States and Canada. The Website and its links may, however, contain information about products that may or may not be available in any particular country, territory, or region of the world (including the United States and Canada), may be available under different trademarks in different countries. The products advertised on this Website have not been approved or cleared by a government regulatory body. You should not construe anything on the Website as a promotion or solicitation for any product or service or for the use of any product or service that is not authorized by the laws and regulations of the country where you are located, including the United States and Canada.
You agree not to do any of the following while using this Website:
- Post, publish or transmit any text, graphics or other material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another’s rights, including any intellectual property rights; (vii) violates or encourages others to violate any applicable law or regulation; or (viii) would give rise to civil liability;
- Access, tamper with, or use any non-public areas of the Website, our computer systems, or the technical delivery systems of our providers;
- Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
- Attempt to access or search the Website or content with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by us or other generally available third party web browsers;
- Send unsolicited email, junk mail, “spam,” promotional or advertising for products or services, or chain letters;
- Forge any TCP/IP packet header or any part of the header information in any electronic communication or posting, or in any way use the Website or content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website or content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation sending a virus, overloading, flooding, spamming, or mail-bombing the Website;
- Impersonate or misrepresent your affiliation with any person or entity; or
- Use the Website or content in any way that violates any applicable law, statute, ordinance or regulation (including but not limited to those pertaining to consumer protection, unfair competition, anti-discrimination, false advertising or export control).
Consent to Electronic Communications.
By using our Website and Products, you expressly consent to be contacted by us for any and all purposes arising out of or relating to Products and Services at any email address, mobile phone number, or other form of communication you may provide.
You agree we may contact you in any way including but not limited to emails, SMS messages, and pre-recorded voicemails. You may receive up to ten (10) messages per month. For text messages, please note that standard messaging and data rates may apply.
You warrant that you are the owner or authorized user of the mobile phone number provided by you. You agree that you will notify us immediately if you are no longer the owner or authorized user of the mobile number.
Your agreement with this section is not a condition of doing business with RK Exercises For Injuries Corp.
RK Exercises For Injuries Corp. will NOT use your personal information for notifications other than to send marketing and promotional content and we will NOT provide your information to any outside sources for solicitation or marketing purposes.
To request more information please contact us at support@ExercisesForInjuries.com.
Third Party Websites.
You may not, under any circumstances, establish a link to the Website, including but not limited to deep linking, without our express written consent.
Maintenance and Updates.
From time to time and without notice, we may update the Website for many reasons, including but not limited to, (a) to maintain compliance; (b) to fix bugs or problems in previous and present versions; and/or (c) to enhance functionality or features. We make no warranty that such updates will not affect your use of the Website or introduce new but unknown bugs into the Website. Furthermore, we shall not be responsible for the effect an update has on any code not provided by us and any modifications to such code to restore functionality shall be your sole responsibility and cost.
You agree to indemnify and hold Company, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity.
Copyright and Trademarks.
The Content on this Website is protected by copyright under both Canadian and foreign laws. Title to the Content remains with us or our licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in our editorial discretion. All rights not expressly granted herein are reserved to us and our licensors. “Content” herein refers to all texts, images, communications, recordings including video and audio, illustrations, drawings, demonstrations, and other related literary expression/material on the Website.
Use of Content.
We authorize you to view or download a single copy of the material on the Website solely for your personal, non-commercial use if you include the following copyright notice: “Copyright 2021, Exercises for Injuries Inc. All rights reserved” and other copyright and proprietary rights notices which were contained in the Content. Any special rules for the use of certain software and other items provided on the Website may be included elsewhere within the Website and are incorporated into these Terms and Conditions by reference.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Disclaimer of Warranties.
You acknowledge and agree to use the website, its content and services at your own risk
When using the Website, information will be transmitted over a medium which is beyond the control and jurisdiction of Exercises for Injuries and its suppliers. Accordingly, Exercises for Injuries assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Website.
The Website and the content are provided on an “as is” basis.
TO THE FULLEST EXTENT PERMITTED BY LAW, EXERCISES FOR INJURIES, ITS LICENSORS, AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Specifically, Exercises for Injuries, its licensors and its suppliers make no representations or warranties about the following:
The accuracy, reliability, completeness or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Website.
The satisfaction of government regulations requiring disclosure of information on prescription drug products with regard to the Content contained on the Website.
In no event shall we, our licensors, our suppliers or any third parties mentioned on the Website be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Website or the Content whether based on warranty, contract, tort or any other legal theory, and whether or not we are advised of the possibility of such damages. We are not liable for any personal injury, including death, caused by your use or misuse of the Website or Content. Any claims arising in connection with your use of the Website or any Content must be brought within one (1) year of the date of the event giving rise to such action, occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
The Website and products offered are available only to individuals who are at least eighteen (18) years of age or have attained the age of majority in the jurisdiction where you access this Website and can enter into legally binding contracts. You certify that you are eighteen (18) years of age or you have attained the age of majority and agree to provide true, accurate, current, and complete information when prompted for such information. We reserve the right, in our sole discretion, to deny any order of anyone at any time and for any reason, whatsoever.
Company makes no representation that the information on the Website is appropriate or available for use in locations outside of the United States and Canada, and access to the Website from territories where the Content of the Website may be illegal or inappropriate is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
This Agreement constitutes the entire and only agreement between you and Company with respect to your use of the Website and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Website, the content contained therein and/or the analyses, research, opinions, and other information provided by or through the Website.
We may change the Agreement, in whole or in part, at any time without specific notice to you. The latest Agreement will be posted on the Website. Your continued use of the Website following posted notice, constitutes your acceptance of all of the Terms and Conditions contained within the Agreement in effect at that time. Therefore, you should regularly check this page for updates and/or changes. Unless explicitly stated otherwise, any future offers, or products made available to you on the Website that augment or otherwise enhance the current features of the Website shall be subject to the Agreement posted at the time of your purchase. We are not responsible or liable in any manner whatsoever for your inability to use the Website and/or obtain any online products and services.
You acknowledge and agree that we, in our sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to the Website, and remove and discard any information or content related to the Website and your use thereof, for any reason, including where we believe that you have violated any of these Terms and Conditions. You further agree that we shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with our Website or with any terms, conditions, rules, policies, guidelines, or practices of Exercise for Injuries in operating the Website, your sole and exclusive remedy is to discontinue using the Website.
The Website is subject to United States and Canada export controls and economic sanctions laws. You represent and warrant that:
- you are not located in, and you are not a national or resident of, any country to which the United States, United Kingdom, European Union, Australia or Canada has embargoed goods and/or services of the same type as the Website (“Restricted Countries”), including without limitation, Cuba, Iran, North Korea, Sudan or Syria; and
- you are not a person or entity, or owned by, under the control of, or affiliated with, a person or entity (i) that appears on the U.S. Office of Foreign Assets Control’s Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List; (ii) that appears on the U.S. Department of State’s Terrorist Exclusion List; (iii) that appears on the Bureau of Industry and Security’s Denied Persons, Entity or Unverified List; (iv) that appears on the Consolidated List of Targets published by the U.K. HM Treasury; (v) that appears on the Consolidated List published by the A.U. Department of Foreign Affairs and Trade; (vi) that is subject to sanctions in any other country; or (vii) that is engaged in the design, development or production of nuclear, biological or chemical weapons, missiles or unmanned aerial vehicles.
Governing Law / Jurisdictional Issues.
The Website is controlled, operated and administered by Exercise for Injuries from its offices within Canada. We make no representation or warranty that the Website or any of its services are appropriate or available for use at any locations outside Canada. If you access the Website from outside Canada, you are responsible for compliance with all applicable laws.
You may not export any of the Content accessible through the Website in violation of applicable export laws and regulations.
These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of British Columbia, Canada, without reference to its conflict of laws principles.
Subject to the Arbitration and Actions Section below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of British Columbia and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions
Arbitration and Actions.
Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of the Website or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a “Claim”), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Kelowna, British Columbia in English and governed by British Columbia law pursuant to the Arbitration Act, 1991 (British Columbia), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
No Class Actions.
You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. This is a material condition to the use of our Website and purchase of our products.
Waiver of Jury Trial.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS AND CONDITIONS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS PARAGRAPH, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. The parties acknowledge that, if any of the provisions of this paragraph are currently unenforceable under applicable law, they mutually intend for this paragraph to apply in the event such provisions later become enforceable under such law. This provision shall remain in full force and effect notwithstanding any termination of your use of our Website.
Entire Agreement: The Agreement constitutes the entire and only agreement between you and us, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Website.
Severability: Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
Headings: The headings used herein are for convenience only. The headings do not purport to define, limit, or extend the scope or intent of the language of the sections and the paragraphs to which they pertain.
Revision/Modification: No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein.
Assignment: You may not assign the Terms and Conditions without our prior written consent, which we may refuse in our sole discretion. We may assign these Terms and Conditions at any time. The Agreement is personal between you and us. There are no third-party beneficiaries of these Terms and Conditions.
Force Majeure: The Agreement is personal between you and us.
We will have no liability to you or any third party for our failure to perform our obligations under these Terms and Conditions in the event that such non-performance arises as a result of the occurrence of an event beyond our reasonable control, including without limitation an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other event of force majeure.
Waiver: Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Relationship: No agency or partnership relationship is created through operation of the Agreement.
Survival: Sections on Governing Law, Binding Arbitration, No Class Actions, Waiver of Jury Trial, Copyright and Trademarks, Limitation of Liability, Indemnification, Severability, No Agency, shall survive any termination or expiration of these Terms and Conditions.
If you have any questions about the Agreement or about the practices of Exercise for Injuries, please feel free to contact us at support@ExercisesForInjuries.com, or call 1-888-291-2430 (toll free in the USA and Canada), or send SMS to 1-888-229-4992.