1. This document contains very important information regarding your
rights and obligations, as well as conditions, limitations, and
exclusions that might apply to you. Please read it carefully.
These terms require the use of arbitration on an individual
basis to resolve disputes, rather than jury trials or class
By placing an order for products from this website, you accept
and are bound by these terms.
You must not order or obtain products from this website if you
(a) do not agree to these terms, (b) are not the older of (i)
at least 18-years old or (ii) legal age to form a binding
contract with AMF Training Inc., or (c) are prohibited from
accessing or using this website or any of this website’s
contents or goods by applicable law.
These terms apply to the purchase and sale of products through the
Pelvic Floor Strong Program websites (collectively, the “ Site”). These terms are subject to change by AMF
Training Inc. (referred to as “us,” “ we,” or “our” as the context may
require) without prior written notice at any time, in our sole
discretion. Any changes to the terms will be in effect as of the
“Last Updated Date” referenced on the Site. You should review these
terms before purchasing any product that is available through this
Site. Your continued use of this Site after a posted change in
these terms will constitute your acceptance of and agreement to
apply generally to the use of our Site. You should also carefully
through this Site (see section 9).
2. Order Acceptance and Cancellation. You agree
that your order is an offer to buy, under these terms, all products
listed in your order. All orders must be accepted by us or we will
not be required to sell the products to you. We may choose not to
accept any orders in our sole discretion. After having received
your order, we will send you a confirmation email with your order
number and details of the items you have ordered. Acceptance of
your order and the formation of the contract of sale between AMF
Training Inc. and you will not take place until you have received
your order confirmation email. You have the option to cancel your
order at any time before we have sent your order confirmation email
by emailing us at firstname.lastname@example.org.
3. Prices and Payment Terms.
a) All prices posted on this Site are subject to change without
notice. The price charged for a product will be the price in effect
at the time the order is placed and will be stated in your order
confirmation email. Price increases will only apply to orders
placed after those changes. Posted prices do not include taxes or
charges for shipping and handling. All those taxes and charges will
be added to your merchandise total and will be itemized in your
shopping cart and in your order confirmation email. We are not
responsible for pricing, typographical, or other errors in any
offer by us and we reserve the right to cancel any orders arising
from those errors.
b) Terms of payment are within our sole discretion and, unless
otherwise agreed by us in writing, payment must be received by us
before our acceptance of an order. We accept PayPal, Discover,
Visa, MasterCard, American Express, and any other identified
payment method for all purchases. You state that (i) the credit
card information you supply to us is accurate; (ii) you are duly
authorized to use that credit card for the purchase; (iii) charges
incurred by you will be honored by your credit card company; and
(iv) you will pay charges incurred by you at the posted prices,
including all applicable taxes, if any.
4. Shipments; Delivery; Title and Risk of Loss.
a) We will arrange for shipment of the products to you. Please
check the individual product page for specific delivery options.
You will pay all shipping and handling charges specified during the
ordering process. If the product is a one-off purchase of digital
content, we will make the digital content available for download by
you as soon as we accept your order.
b) Title and risk of loss pass to you on delivery. Shipping and
delivery dates are estimates only and cannot be guaranteed. We are
not liable for any delays in shipments.
5. Refunds. We will give you a full refund of the
purchase price within 60 days of delivery if you are not satisfied
for any reason. To obtain a refund, you must email
Warranty Disclaimer. We do not provide any warranties with
respect to the products or services offered on our Site other
than a full refund of the purchase price within 60 days of
delivery if you are not satisfied for any reason.
You understand that we cannot and do not guarantee or warrant
that files available for downloading from the Site 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. To the
fullest extent provided by law, we will not be liable for any
loss or damage caused y a virus or other technologically
harmful material that may infect your computer equipment,
computer programs, data, or other proprietary material due to
your downloading of any material posted on the Site.
All products and services offered on this Site are provided “as
is” without any warranty, including any (a) warranty of
merchantability; (b) warranty of fitness for a particular
purpose; or (c) warranty against infringement of intellectual
property rights of a third party; whether express or implied by
law, course of dealing, course of performance, usage of trade,
Some jurisdictions limit or do not allow the disclaimer of
implied or other warranties so the above disclaimer may not
apply to you.
7. Limitation of Liability. In no event will we be liable to
you or any third party for consequential, indirect, incidental,
special, exemplary, punitive or enhanced damages, or lost
profits arising out of, or relating to, or in connection with
any breach of this agreement, regardless of (a) whether those
damages were foreseeable, (b) whether or not you advised us of
the possibility of those damages, and (c) the legal or
equitable theory (contract, tort, or otherwise) on which the
claim is based. In addition, we will not be liable for any spam
emails that come from a third party claiming to be us or our
owner. Nor we will be liable for any spam emails from third
parties promoting our products.
Our sole maximum liability, for any reason, and your sole
remedy for any cause, will be limited to the actual amount paid
by you for the products and services you have ordered through
The limitation of liability stated above will: (i) only apply
to the extent permitted by law and (ii) not apply to (A)
liability resulting from our gross negligence or willful
misconduct and (B) death or bodily injury resulting from our
acts or omissions.
8. Goods Not for Resale or Export. You agree to
comply with all applicable laws and regulations of the various
states and of the United States including all Export Regulations,
as defined below. You state that you are buying products from the
Site for your own personal or household use only, and not for
resale or export. Products purchased from the Site may be
controlled for export purposes by export regulations, including the
Export Administration Act of 1979 (50 U.S.C. §§ 2401–2410), the
Export Administration Regulations promulgated under it (15 C.F.R.
§§ 768–799), the International Traffic in Arms Regulations (22
C.F.R. §§ 120–128 and 130), and their successor and supplemental
regulations (collectively, “Export Regulations”).
9. Intellectual Property Use and Ownership. You
a) All uses on this Site of the terms “sell,” “sale,” “resell,”
“resale,” “purchase,” “price,” and the like mean the purchase or
sale of a license. Each product marketed on this Site is made
available solely for license, not sale, to you and other
prospective customers under the terms of any license agreement
posted with the display or description of that specific product.
b) You will comply with all terms of the specific license agreement
for any product you obtain through this Site, including all
confidentiality obligations and restrictions on resale, use,
reverse engineering, copying, making, modifying, improving,
sublicensing, and transfer of those licensed products.
c) You will not cause, induct, or permit others’ noncompliance with
the terms of any of these product license agreements.
d) AMF Training Inc. is and will remain the sole and exclusive
owner of all intellectual-property rights in and to each product
made available on this Site and any related specifications,
instructions, documentation, or other materials, including all
related copyrights, patents, trademarks, and other
intellectual-property rights, subject only to the limited license
granted under the product’s license agreement. You do not and will
not have or acquire any ownership of these intellectual property
rights in or to the products made available through this Site, or
of any intellectual-property rights relating to those products.
We respect your privacy and are committed to protecting it. Our
governs the processing of all personal data collected from you in
connection with your purchase of products through the Site.
We will not be liable or responsible to you, nor be deemed to have
defaulted or breached these terms, for any failure or delay in our
performance under these terms when and to the extent that failure
or delay is caused by or results from acts or circumstances beyond
our reasonable control, including acts of God, flood, fire,
earthquake, explosion, governmental actions, war, invasion or
hostilities (whether war is declared or not), terrorist threats or
acts, riot or other civil unrest, national emergency, revolution,
insurrection, epidemic, lockouts, strikes or other labor disputes
(whether or not relating to our workforce), or restraints or delays
affecting carriers or inability or delay in obtaining supplies of
adequate or suitable materials, materials or telecommunication
breakdown, or power outage.
Governing Law and Jurisdiction.
All matters arising out of or relating to these terms are governed
by and construed in accordance with the internal laws of the state
of Michigan without giving effect to any choice or conflict of law
provision or rule (whether of the state of Michigan or any other
jurisdiction) that would cause the application of the laws of any
jurisdiction other than those of the state of Michigan.
Dispute Resolution and Binding Arbitration.
You and AMF Training Inc. are agreeing to give up any rights to
litigate claims in a court or before a jury, or to participate
in a class action or representative action with respect to a
claim. Other rights that you would have if you went to court
may also be unavailable or may be limited in arbitration.
Any claim, dispute, or controversy (whether in contract, tort,
or otherwise, whether pre-existing, present, or future, and
including statutory, consumer protection, common law,
intentional tort, injunctive, and equitable claims) between you
and us arising from or relating in any way to your purchase of
products through the Site, will be resolved exclusively and
finally by binding arbitration.
The arbitration will be administered by the American Arbitration
Association (“AAA”) in accordance with the
Consumer Arbitration Rules (the “AAA Rules”) then
in effect, except as modified by this section 13. (The AAA Rules
are available at www.adr.org/arb_med or by calling the AAA at
1-800-778-7879.) The Federal Arbitration Act will govern the
interpretation and enforcement of this section 13.
The arbitrator will have exclusive authority to resolve any dispute
relating to arbitrability or enforceability of this arbitration
provision, including any unconscionability challenge or any other
challenge that the arbitration provision or the agreement is void,
voidable, or otherwise invalid. The arbitrator will be empowered to
grant whatever relief would be available in court under law or in
equity. Any award of the arbitrator will be final and binding on
each of the parties and may be entered as a judgment in any court
of competent jurisdiction.
You may elect to pursue your claim in small-claims court rather
than arbitration if you provide us with written notice of your
intention do so within 60 days of your purchase. The arbitration or
small-claims court proceeding will be limited solely to your
individual dispute or controversy.
You agree to an arbitration on an individual basis.
In any dispute, neither you nor AMF Training Inc. will be
entitled to join or consolidate claims by or against other
customers in court or in arbitration or otherwise participate
in any claim as a class representative, class member, or in a
private attorney general capacity.
The arbitral tribunal will not consolidate more than one person’s
claims and will not otherwise preside over any form of a
representative or class proceeding. The arbitral tribunal has no
power to consider the enforceability of this class arbitration
waiver and any challenge to the class arbitration waiver may only
be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found
unenforceable, the unenforceable provision will be severed and the
remaining arbitration terms will be enforced.
You will not assign any of your rights or delegate any of your
obligations under these terms without our prior written consent.
Any purported assignment or delegation in violation of this section
14 is void. No assignment or delegation relieves you of any of your
obligations under these terms.
The failure by us to enforce any right or provision of these terms
will not constitute a waiver of future enforcement of that right or
provision. The waiver of any right or provision will be effective
only if in writing and signed by a duly authorized representative
of AMF Training Inc.
No Third-Party Beneficiaries.
These terms do not and are not intended to confer any rights or
remedies on any person other than you.
a) To You. We may provide any notice to you under
these terms by: (i) sending a message to the email address you
provide or (ii) by posting to the Site. Notices sent by email will
be effective when we send the email and notices we provide by
posting will be effective on posting. It is your responsibility to
keep your email address current.
b) To Us. To give us notice under these terms, you
must contact us by email to email@example.com. We may
update the email address by posting a notice on the Site. Notices
provided by email will be effective one business day after they are
If any provision of these terms is invalid, illegal, void, or
unenforceable, then that provision will be deemed severed from
these terms and will not affect the validity or enforceability of
the remaining provisions of these terms.
Our order confirmation, these terms, any license agreement relating
to any product you obtain on or through this Site, our Website
integrated agreement between you and us on the matters contained in