These terms of use are entered into between you and the AMF
Training inc. (the “Company”). The following terms and conditions,
together with any documents they expressly incorporate by reference
(collectively, this “agreement”), govern your access to and use of
the Pelvic Floor Strong Program websites, including any content,
functionality, and services offered on or through the Pelvic Floor
Strong Program websites (collectively, the “Website”).
Please read this agreement carefully before you start to use the
Website.
By using the Website or by clicking to accept or agree to this
agreement when this option is made available to you, you accept
and agree to be bound and abide by this agreement and the
Company’s Privacy Policy, found at
https://www.pelvicfloorstrong.com/privacy-policy , incorporated by reference. If you do not want to
agree to this agreement or the Privacy Policy, you must not access
or use the Website.
This Website is offered and available to users who are 18-years old
or older. By using this Website, you state that you are of legal
age to form a binding contract with the Company and meet all the
foregoing eligibility requirements, if any. If you do not meet all
these requirements, you must not access or use the Website.
Changes to the Agreement
The Company may revise and update this agreement on one or more
occasions in its sole discretion. All changes are effective
immediately when the Company posts them and apply to all access to
and use of the Website from then on. But any changes to the dispute
resolution provisions set out in Governing Law and Jurisdiction
will not apply to any disputes for which the parties have actual
notice on or before the date the change is posted on the Website.
Your continued use of the Website after the posting of the revised
agreement means that you accept and agree to the changes. You are
expected to check this page often, so you are aware of any changes,
as they are binding on you.
Accessing the Website and Account Security
The Company may withdraw or amend this Website, and any service or
material the Company provides on the Website, in its sole
discretion without notice. The Company will not be liable if for
any reason all or any part of the Website is unavailable at any
time or for any period. On one or more occasions, the Company may
restrict access to some parts of the Website, or the entire
Website, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the
Website.
- Ensuring that all persons who access the Website through your
Internet connection are aware of this agreement and comply with it.
To access the Website or some of the resources it offers, you may
be asked to provide certain registration details or other
information. It is a condition of your use of the Website that all
the information you provide on the Website is correct, current, and
complete. You acknowledge that all information you provide to
register with this Website or otherwise, including through the use
of any interactive features on the Website, is governed by the
Privacy Policy
, and you consent to all actions the Company takes with respect to
your information consistent with the
Privacy Policy
.
If you choose, or are provided with, a username, password, or any
other piece of information as part of the Company’s security
procedures, you must treat this information as confidential, and
you must not disclose it to any other person or entity. You also
acknowledge that your account is personal to you and will not
provide any other person with access to this Website or parts of it
using your username, password, or other security information. You
will promptly notify the Company of any unauthorized access to or
use of your username or password or any other breach of security.
You also will ensure that you exit from your account at the end of
each session. You should use particular caution when accessing your
account from a public or shared computer so that others are not
able to view or record your password or other personal information.
The Company may disable any username, password, or other
identifier, whether chosen by you or provided by the Company, at
any time in its sole discretion for any or no reason, including if,
in the Company’s opinion, you have violated any part of this
agreement.
Intellectual-Property Rights
The Website and its entire contents, features, and functionality
(including all information, software, text, displays, images,
video, and audio, and the design, selection, and arrangement of it)
are owned by the Company, its licensors, or other providers of that
material and are protected by United States and international
copyright, trademark, patent, trade secret, and other intellectual
property or proprietary rights laws.
This agreement permits you to use the Website for your personal,
noncommercial use only. You must not reproduce, distribute, modify,
create derivative works of, publicly display, publicly perform,
republish, download, store, or transmit any of the material on the
Website, except as follows:
- Your computer may temporarily store copies of those materials in
RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web
browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages
of the Website for your own personal, noncommercial use and not for
further reproduction, publication, or distribution.
- If the Company provides desktop, mobile, or other applications
for download, you may download a single copy to your computer or
mobile device solely for your own personal, noncommercial use, on
condition that you agree to be bound by the Company’s end user
license agreement for those applications.
- If the Company provides social media features with certain
content, you may take those actions as are enabled by those
features.
You must not:
- Modify copies of any materials from this Website.
- Use any illustrations, photographs, video or audio sequences, or
any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary
rights notices from copies of materials from this Website.
- You must not access or use for any commercial purposes any part
of the Website or any services or materials available through the
Website.
- If you print, copy, modify, download, or otherwise use or provide
any other person with access to any part of the Website in breach
of this agreement, your right to use the Website will stop
immediately and you must, at the Company’s option, return or
destroy any copies of the materials you have made. No interest in
or to the Website or any content on the Website is transferred to
you, and all rights not expressly granted are reserved by the
Company. Any use of the Website not expressly permitted by this
agreement is a breach of this agreement and may violate copyright,
trademark, and other laws.
Trademarks
The Company name, the terms AMF TRAINING INC., PELVIC FLOOR STRONG
and ALEX MILLER, the Company logo, and all related names, logos,
product and service names, designs, and slogans are trademarks of
the Company or its affiliates or licensors. You must not use those
marks without the Company’s written permission. All other names,
logos, product and service names, designs, and slogans on this
Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance
with this agreement. You must not use the Website:
- In any way that violates any applicable federal, state, local, or
international law or regulation (including any laws regarding the
export of data or software to and from the US or other countries).
- To exploit, harm, or attempt to exploit or harm minors in any way
by exposing them to inappropriate content, asking for personally
identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any
material that does not comply with common decency or applicable
intellectual-property rights laws.
- To transmit, or procure the sending of, any advertising or
promotional material without the Company’s written consent,
including any “junk mail,” “chain letter,” “spam,” or any other
similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company
employee, another user, or any other person or entity (including by
using email addresses or usernames associated with any of the
foregoing).
- To engage in any other conduct that restricts or inhibits
anyone’s use or enjoyment of the Website, or which, as determined
by the Company, may harm the Company or users of the Website or
expose them to liability.
Additionally, you must not:
- Use the Website in any manner that could disable, overburden,
damage, or impair the Website or interfere with any other party’s
use of the Website, including their ability to engage in real time
activities through the Website.
- Use any robot, spider, or other automatic device, process, or
means to access the Website for any purpose, including monitoring
or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on
the Website or for any other unauthorized purpose without the
Company’s written consent.
- Use any device, software, or routine that interferes with the
proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs, or other
material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage,
or disrupt any parts of the Website, the server on which the
Website is stored, or any server, computer, or database connected
to the Website.
- Attack the Website via a denial-of-service attack or a
distributed denial-of-service attack.
- Otherwise try to interfere with the proper working of the
Website.
Reliance on Information Posted
The information presented on or through the Website is made
available solely for general information purposes. The Company is
not making any warranty about the accuracy, completeness, or
usefulness of this information. Any reliance you place on that
information is strictly at your own risk. The Company disclaims all
liability and responsibility arising from any reliance placed on
those materials by you or any other visitor to the Website, or by
anyone who may be informed of any of its contents.
This Website may include content provided by third parties,
including materials provided by other users, bloggers, and
third-party licensors, syndicators, aggregators, or reporting
services. All statements or opinions expressed in these materials,
and all articles and responses to questions and other content,
other than the content provided by the Company, are solely the
opinions and the responsibility of the person or entity providing
those materials. These materials do not necessarily reflect the
opinion of the Company. The Company is not responsible, or liable
to you or any third party, for the content or accuracy of any
materials provided by any third parties.
Changes to the Website
The Company may update the content on this Website on one or more
occasions, but its content is not necessarily complete or
up-to-date. Any of the material on the Website may be out of date
at any given time, and the Company is not required to update that
material.
Information About You and Your Visits to the Website
All information the Company collects on this Website is subject to
its
Privacy Policy
. By using the Website, you consent to all actions taken by the
Company with respect to your information in compliance with the
Privacy Policy.
Online Purchases and Other Terms
All purchases through the Website or other transactions for the
sale of goods formed through the Website or as a result of visits
made by you are governed by the Website’s Terms of Sale
www.pelvicfloorstrong.com/terms-of-sale-agreement, which are
incorporated into this agreement.
Additional terms may also apply to specific portions, services, or
features of the Website. Any additional terms are incorporated by
this reference into this agreement.
Linking to the Website
You may link to the Website’s homepage, on condition that you do so
in a way that is fair and legal and does not damage the Company’s
reputation or take advantage of it, but you must not establish a
link in a way that suggests any form of association, approval, or
endorsement on the Company’s part without the Company’s express
written consent.
Links from the Website
If the Website contains links to other websites and resources
provided by third parties, these links are provided for your
convenience only. This includes links contained in advertisements,
including banner advertisements and sponsored links. The Company
has no control over the contents of those websites or resources and
accepts no responsibility for them or for any loss or damage that
may arise from your use of them. If you decide to access any of the
third-party websites linked to this Website, you do so entirely at
your own risk and subject to the terms and conditions of use for
those websites.
Electronic Communications from the Website
By providing your email address, you consent to receiving
electronic communications from the Company regarding your order.
You also consent to receiving certain other communications from
the Company, including newsletters about new features and
content, special offers, promotional announcements, and
customer surveys via email. You acknowledge that electronic
communications you receive from the Company may contain links
to third-party websites or resources. You acknowledge that the
Company is not responsible or liable for (a) the availability
or accuracy of those websites or resources; or (b) the content,
products, or services on or available from those websites or
resources. Links to those websites or resources do not imply
any endorsement by the Company of those websites or resources.
You acknowledge sole responsibility for and assume all risk
arising from your use of any third-party websites or resources.
Geographic Restrictions
The owner of the Website is based in the United States. The Company
provides this Website for use only by persons located in the United
States. The Company makes no claims that the Website or any of its
content is accessible or appropriate outside of the United States.
Access to the Website may not be legal by certain persons or in
certain countries. If you access the Website from outside the
United States, you do so on your own initiative and are responsible
for compliance with local laws.
Health Disclaimers
Before using the Pelvic Floor Strong Program, we recommend that you
consult with your physician or other qualified health provider and
receive medical permission to use the Pelvic Floor Strong Program.
Any references to physical or mental health on the Website
constitutes an educational service consisting solely of general
health information. The materials on the Website are provided “as
is” and without warranties of any kind either express or implied.
Not a Substitute for Professional Medical Advice or Treatment.
The Website’s content is not a substitute for direct, personal,
professional medical care and diagnosis. None of the exercises or
treatments (including products and services) mentioned on the
Website should be performed or otherwise used without clearance
from your physician or health care provider. The information
contained within the Website is not intended to provide specific
physical or mental health advice, or any other advice, for any
individual and should not be relied on in that regard. Neither the
Company nor its owner are medical professionals and nothing on this
Website should be misconstrued to mean otherwise.
Health Risks.
There may be risks associated with participating in activities
mentioned on the Website. If you choose to participate in these
risks, you do so of your own free will and accord, knowingly and
voluntarily assuming all risks associated with those activities.
Injuries or Death.
You will hold the Website, its owner, agents, and employees
harmless from all liability for all claims for damages due to
injuries or death, including attorneys’ fees and costs, incurred by
you or third parties, arising out of or relating to the activities
discussed on this Website, excepting only claims for gross
negligence or intentional tort.
Disclaimer of Warranties
You understand that the Company cannot and does not guarantee or
warrant that files available for downloading from the Internet or
the Website will be free of viruses or other destructive code. You
are responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for anti-virus
protection and accuracy of data input and output, and for
maintaining a means external to the Website for any reconstruction
of any lost data.
To the greatest extent provided by law, the Company will not be
liable for any loss or damage caused by a distributed
denial-of-service attack, viruses, or other technologically
harmful material that may infect your computer equipment,
computer programs, data, or other proprietary material due to
your use of the Website or any services or items obtained
through the Website or to your downloading of any material
posted on it, or on any website linked to it.
Your use of the Website, its content, and any services or items
obtained through the Website is at your own risk. The Website,
its content, and any services or items obtained through the
Website are provided “as is” and “as available,” without any
warranties of any kind, either express or implied. Neither the
Company nor any person associated with the Company is making
any warranty or representation with respect to the
completeness, security, reliability, quality, accuracy, or
availability of the Website. Neither the Company nor anyone
associated with the Company represents or warrants that the
Website, its content, or any services or items obtained through
the Website will be accurate, reliable, error-free, or
uninterrupted, that defects will be corrected, that the Website
or the server that makes it available are free of viruses or
other harmful components, or that the Website or any services
or items obtained through the Website will otherwise meet your
needs or expectations.
To the greatest extent provided by law, the Company hereby
disclaims all warranties of any kind, whether express or
implied, statutory, or otherwise, including but not limited to
any warranties of merchantability, noninfringement, and fitness
for particular purpose.
The foregoing does not affect any warranties that cannot be
excluded or limited under applicable law.
Limitation on Liability
To the greatest extent provided by law, in no event will the
Company, its affiliates, or their licensors, service providers,
employees, agents, officers, or directors be liable for damages
of any kind, under any legal theory, arising out of or in
connection with your use, or inability to use, the Website, any
websites linked to it, any content on the Website or those
other websites or any services or items obtained through the
Website or those other websites, including any direct,
indirect, special, incidental, consequential, or punitive
damages, including personal injury, pain and suffering,
emotional distress, loss of revenue, loss of profits, loss of
business or anticipated savings, loss of use, loss of goodwill,
loss of data, and whether caused by tort (including
negligence), breach of contract, or otherwise, even if
foreseeable. In addition, the Company is not liable for any
spam emails that come from a third party claiming to be the
Company or its owner. Nor will the Company be liable for any
spam emails from third parties promoting our products.
The foregoing does not affect any liability that cannot be
excluded or limited under applicable law.
Indemnification
You will defend, indemnify, and hold harmless the Company, its
affiliates, licensors, and service providers, and its and their
respective officers, directors, employees, contractors, agents,
licensors, suppliers, successors, and assigns from and against any
claims, liabilities, damages, judgments, awards, losses, costs,
expenses, or fees (including reasonable attorneys’ fees) arising
out of or relating to your violation of this agreement or your use
of the Website, including your User Contributions, any use of the
Website’s content, services, and products other than as expressly
authorized in this agreement or your use of any information
obtained from the Website.
Governing Law and Jurisdiction
British Columbia law governs all matters relating to the Website and this agreement and any dispute or claim arising from or related to it (in each case, including non-contractual disputes or claims) without giving effect to any choice or conflict of law provision or rule (whether of British Columbia or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, this agreement or the Website not subject to arbitration will be instituted exclusively in the federal courts of Canada located in the province of British Columbia or the state courts of the province of British Columbia, although the Company may bring any suit, action, or proceeding against you for breach of this agreement in your country of residence or any other relevant country. You waive all objections to the exercise of jurisdiction over you by those courts and to venue in those courts.
Any legal suit, action, or proceeding arising out of, or related
to, this agreement or the Website not subject to arbitration will
be instituted exclusively in the federal courts of the United
States located in the state of Michigan or the state courts of the
state of Michigan, although the Company may bring any suit, action,
or proceeding against you for breach of this agreement in your
country of residence or any other relevant country. You waive all
objections to the exercise of jurisdiction over you by those courts
and to venue in those courts.
Arbitration
At the Company’s sole discretion, it may require you to submit any disputes arising from this agreement or the use of the Website, including disputes arising from or concerning the interpretation, violation, invalidity, nonperformance, or termination of this agreement, to final and binding arbitration under the Rules of Arbitration of the Canadian Arbitration Association applying British Colombian law.
Class Action Waiver
All claims arising out of or relating to this agreement or the
Website must be brought in the parties’ individual capacity, and
not as a plaintiff or class member in any purported class or
representative proceeding, and, unless the Company agrees
otherwise, the arbitrator must not consolidate more than one
person’s claims.
Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or
relating to this agreement or the Website must be commenced within
one year after the cause of action accrues, otherwise, that cause
of action or claim is permanently barred.
Waiver and Severability
No waiver by the Company of any term stated in this agreement will
be deemed a further or continuing waiver of that term or a waiver
of any other term, and any failure of the Company to assert a right
or provision under this agreement will not constitute a waiver of
that right or provision.
If any provision of this agreement is held by a court or other
tribunal of competent jurisdiction to be invalid, illegal, or
unenforceable for any reason, that provision will be eliminated or
limited to the minimum extent so that the remaining provisions of
this agreement will continue in full effect.
Entire Agreement
This agreement, the Privacy Policy, and the Terms of Sale
www.pelvicfloorstrong.com/terms-of-sale-agreement constitute the
entire agreement between you and the Company regarding the Website
and supersede all earlier and contemporaneous understandings,
agreements, representations, and warranties, both written and oral,
regarding the Website.
Feedback
The Company encourages you to give feedback about the Company or
the Website. But the Company will not treat as confidential any
suggestion or idea you give, and nothing in this agreement will
restrict the Company’s right to use, profit from, disclose,
publish, or otherwise exploit any feedback, without payment to you.
Your Comments and Concerns
This Website is operated by AMF Training inc.. All feedback,
comments, requests for technical support, and other communications
relating to the Website should be directed to:
info@pelvicfloorstrong.com