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TERMS OF USE: BACK PAIN MINI-COURSE
By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser of The Back Pain Mini-Course outlined below (hereinafter “you” or “Client”) agree and willingly purchase entry into this program to be provided with services rendered by Ruther Health and Wellness, PLC (hereinafter “The Company” or “Company”), and you agree you are voluntarily entering into a legally binding Agreement with The Company, inclusive of the following terms and conditions mutually agreed upon:
For good and valuable consideration of seventy-nine U.S. Dollars ($79) Client is electing to purchase the Back Pain Mini-Course (hereinafter “BPMC”). In exchange, The Company agrees to provide the services outlined in the Program Details below.
PROGRAM OUTLINE:
1. Client agrees and understands that he/she is purchasing the Back Pain Mini-Course (“BPMC” or “Course”) by The Company, a 4-week course designed to position the body correctly by using natural, body exercises. Created by physical therapist, Dr. Kelly Ruther, as a way to help reduce pain worldwide.
2. Client acknowledges that he/she has conducted any additional research necessary to feel he/she understands what is being provided in BPMC as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Company’s website.
If at any time Client is found to be disruptive, making disparaging or defamatory comments about Course, Company, or Dr. Kelly, or otherwise negatively impacting Course for others and hindering or distracting other Clients from their own success, The Company reserves the right to remove such Client, without refund. Client understands this, and knows this is a risk if he/she elects to act in such an inappropriate manner. Client agrees this is a suitable remedy and action should he/she act in any of the ways outlined above.
NON-DISCLOSURE:
1. Client understands that one of the primary elements in purchasing BPMC and learning from The Company is the benefit of obtaining expert guidance, teachings, materials, and exercises that have given Dr. Kelly her massive social media following. Following Client’s participation in this program, Client will have gained access to various trade secrets and personal intellectual property of The Company, including but not limited to materials such as verbal advice, the adaptive exercise program, exercise printouts, modules, technical information, and/or other information that may have become available for use through Client’s participation in BPMC. Client understands and acknowledges that this information is not to be openly shared with others who have not participated in BPMC, without permission from The Company or Dr. Kelly Ruther personally.
2. Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through BPMC, and agrees that he or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own business as a product or service being offered for sale, without express written permission of The Company. Client also understands and agrees you will not disclose or use any information provided to Client as part of her membership in BPMC, other than for personal use in their own business and social media accounts without prior written permission from The Company.
TESTIMONIALS:
1. Client understands and agrees that any and all commentary provided on public social media profiles, including those belonging to The Company, and Google Reviews, may be published and used as testimonials by The Company. Client gives The Company a non-exclusive license to use the copy as written on the social media profile, in the email, or otherwise, and repost on The Company social media channels, in advertisements for BPMC, or other similar channels for the specific purpose of promoting and showcasing BPMC client results.
2. If Client chooses to write about positive experiences in BPMC, Client understands the material, along with Client’s name and other identifying information, will likely be published on The Company's website, social media, or otherwise. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting The Company an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to The Company as part of a Testimonial.
PAYMENT:
1. Initial Purchase: A one-time payment of seventy-nine U.S. dollars ($79) payable up front, in full.
2. Client agrees to render payment via credit card on The Company's sales and checkout page for BPMC. Client understands he/she is responsible for the full payment and agrees to pay the sum requested electronically, via The Company’s website or a designated third-party payment processor of The Company’s choosing, in full.
3. Client understands the initial cost of the program is payable in full. If payment is not able to be processed, Client understands they will not be able to access Course.
4. If Client and The Company have not agreed upon a payment plan, Client understands one is not available, and agrees to provide payment in full, upfront.
REFUND POLICY:
The Company wholly believes in its product, which has been applied and proven by many participants of BPMC. It believes the methods work, but only if the Client is dedicated to the process. NO REFUND is offered for Course.
VOLUNTARY PARTICIPATION:
1. Client understands and agrees that he/she is voluntarily choosing to enroll in BPMC and is solely responsible for any outcomes or results. While The Company believes in its services and that BPMC is able to help many people, You as the Client acknowledge and agree that The Company is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health and well-being, including participation in BPMC and any results therein, and agrees that any decisions to implement strategies, tactics, and information contained within BPMC is solely the responsibility and decision of Client.
2. CLIENT BEHAVIOR: While Client is allowed to express his/her opinion regarding BPMC and The Company, should Client make any false or disparaging comments on social media, to other members of BPMC, or otherwise publicly speak negatively about The Company, Dr. Kelly Ruther, or any other member of The Company, or BPMC, Client may be removed from the BPMC community. The Company places community and positivity at the forefront of their brand, and in order to preserve community standards and experience for other members, a customer who cannot abide by this may lose his/her access to the community. Client understands that any extensive negativity or similar disruption to the community in this way may result in removal from the Program and all relevant communities, with NO REFUND.
DISCLAIMER – NOT MEDICAL ADVICE:
1. The content on Website is not to be considered medical advice for any reason, and nothing herein is intended to provide or act as a substitute for personalized medical treatment. Client will contact his/her primary care physician if Client has any questions or concerns about his/her condition.
2. Potential risks: Client may experience an increase in his/her current level of pain or discomfort or aggravation of his/her existing injury or condition. This discomfort is usually temporary; if it does not subside in 24 hours, Client agrees to contact his/her physician if Client have any concerns.
3. Potential benefits: Client may include an improvement in his/her symptoms and an increase in his/her ability to perform daily activities. Client may experience increased strength, awareness, flexibility, and endurance in his/her movements. Client may experience decreased pain and discomfort. Client should gain greater knowledge about managing his/her condition and the resources available.
4. Alternatives: If Client does not wish to participate in the therapy recommendations, Client will discuss your medical, surgical, or pharmacological alternatives with his/her physician or primary care provider.
5. Client understand that there are no guarantees regarding diagnosis, improvement, resolution, cure, or prevention for his/her condition.
6. Client agrees to hold The Company harmless should any physical, emotional, or financial injury occur as a direct or indirect result of use of BPMC. The content provided by The Company on his/her website and within BPMC is comprised of information that has worked for The Company and other clients, and may or may not be useful to Client in his/her personal life.
INTELLECTUAL PROPERTY:
1. Copy, edit, distribute, duplicate or steal any information or any Content obtained through Course without written permission by The Company;
2. Post, distribute, copy, steal or otherwise use any portion of the Course or its content, or information obtained via other members in the group Course without written permission by The Company, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
3. Claim any content created by The Company as part of the Course or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by The Company was Client’s work, and use in his/her business as their own.
4. Share purchased materials, information, content with others who have not purchased them.
5. Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.
6. Client agrees and understands that The Company has created numerous original, creative works in connection with the Course, and agrees that The Company maintains all copyrights, licenses, and other intellectual property rights in all original or derivative content associated with or included in the Course, whether created prior to working with Client or specifically for Client, including but not limited to: videos, modules, documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by The Company. Client agrees he/she may be granted a limited right to use selected materials in the course of his or her own business, but understands that the original proprietary rights remain with The Company. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from The Company to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Course.
7. Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by The Company or obtained through working with The Company, without The Company’s express written consent. If such behavior is discovered or suspected, The Company reserves the right to immediately end Client’s participation in the Course without refund, as well as access to any program or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
8. Licensee Rights: The Company’s Limited License to Client: Client understands that in purchasing the Course, she/he is gaining access to view all content and information available as part of the Course, as well as any additional information or content shared with him/her by The Company as they sees fit. Client understands this means he/she will have been granted a limited, revocable, non-transferable license to read and use the information provided for use in his/her business and life, as instructed or allowed by The Company. As a “Licensee,” Client understands and agrees that Client will not:
PROGRAM ACCESS
Client is to have continued access to BPMC for as long as it is offered on the current platform by The Company. If The Company ceases offers Course or discontinues use of platform on which Course is offered, Client will be notified via the email they used to purchase Course, and will have the opportunity to download Course materials prior to access ending. If Client fails to check this email in time, or otherwise does not download materials before Course access ends, The Company is not responsible for any loss in Course materials, or loss of access.
INDEMNIFICATION
Client agrees at all times to defend, fully indemnify and hold The Company and any affiliates, agents, team members or other party associated with The Company harmless from any causes of action, injury, illness, misunderstanding, damages, losses, costs, expenses incurred as a result of Client’s use of Course, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Course. Should The Company be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit The Company’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by The Company, free of charge.
DISPUTE RESOLUTION
1. Should a dispute arise between The Company and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to be cured, properly diagnosed, or future prevention is not a basis for a “dispute” and agrees he or she does not hold The Company responsible for any specific results, or those results which have been achieved by other clients of The Company.)
2. If unable to reach a resolution informally, Client and The Company agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Detroit, MI within a reasonable amount of time. Client and The Company agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.
APPLICABLE LAW
This Agreement shall be governed by and under control of the laws of Michigan regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of Michigan are to be applicable here.
AMENDMENTS
This Agreement may be amended and/or updated by Company from time to time as needed, to reflect the growth and updates to Course and services offered. Should any material changes be made, Company will notify all current Program users via the email address used to sign up, with continued use of Course to constitute acceptance and agreement to the updated Terms.
