TERMS OF USE: THE PELVIC RESET PROGRAM

 

By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser of The Pelvic Reset Program (formerly the Positioning Program) outlined below (hereinafter “you” “Client” or "Clients") 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 four hundred ninety-nine U.S. Dollars ($499) or two payments of two hundred seventy-five U.S. dollars (2x $275) Client is electing to purchase The Pelvic Reset Program. In addition, Client can electively purchase Pelvic Reset Elite membership, an annual subscription of ninety-eight U.S. dollars ($98) from date of purchase to keep access to Posture Playbook Course and bonus materials and future content. - Previous purchasers of the Positioning Program have lifetime access to the original Positioning Program and any additional purchased bonuses (Posture Playbook, Massage Mastery) if applicable. - Pelvic Reset Elite membership's annual subscription payments will occur automatically, unless Client or Company cancels the subscription beforehand, with Client mode of payment that was used to make the initial payment. 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 Pelvic Reset Program (hereinafter “TPRP” or “Program”) by The Company, an 8-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 TPRP as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein. 

If at any time Client is found to be disruptive, making disparaging or defamatory comments about Program, Company, or Dr. Kelly, or otherwise negatively impacting Program 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 TPRP 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 TPRP. Client understands and acknowledges that this information is not to be openly shared with others who have not participated in TPRP, 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 TPRP, 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 he/she will not disclose or use any information provided to Client as part of her membership in TPRP, other than for personal use in her 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 TPRP, or other similar channels for the specific purpose of promoting and showcasing TPRP client results.

2. If Client chooses to write about positive experiences in TPRP, 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 + PAYMENT PLAN:

1. Initial Purchase: A one-time payment of four hundred ninety-nine U.S. dollars ($499) payable up front, in full, or;

2. Two payments of two hundred seventy-five U.S. dollars ($275) payable over two (2) months, totaling $550 if this payment plan option is selected;

3. Client agrees to render payment via credit card on The Company's sales and checkout page for TPRP. 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.

4. Client understands the initial cost of the program is payable in full, or via a payment plan option, which Client will select at the time of purchase:

5. If Client elects to purchase TPRP via the offered payment plan, Client understands and agrees that following the first payment, subsequent payments will be automatically deducted utilizing the same mode of payment that was used to make the initial payment. Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands the reminder of the Program may be forfeited if payment is not made within six days of the date it is due. Client’s decision to cease use of TPRP for any reason does not eliminate Client’s responsibility to complete the payment plan as agreed upon. Payment in full is required regardless of use, happiness with product, or results.

Client understands and agrees that his/her credit card used to make the initial payment in the payment plan will be automatically charged for the subsequent monthly payment thereafter, on or about the same date of the following month.

6. Pelvic Reset Elite Membership: The Pelvic Reset Elite membership subscription is an automatic payment of ninety-eight U.S. dollars ($98) with Client mode of payment that was used to make the initial payment. This membership subscription is due at the initial payment and every year afterward from the date of purchase. Should Client mode of payment fail, The Company's website or a designated third-party payment processor of The Company's choosing will retry processing up to four (4) attempts over three (3) weeks. The Program access will be revoked upon failure of the fourth attempt. 

7. Previous purchasers of the Positioning Program + Posture Playbook + Massage Mastery Course Bundle are NOT REQUIRED to pay an annual subscription to access those programs. The Company has elected the Pelvic Reset Elite membership applies to all other parties to access the Posture Playbook, Massage Mastery Course, and all other future bonuses.

8. Client reserves the right to cancel the Pelvic Reset Elite membership at anytime. Client will retain full access to the Posture Playbook and future content until their current subscription period ends.

9. The Company reserves the right to adjust the Pelvic Reset Elite membership. Any changes will be communicated to you in advance of Client renewal date.

Client understands and agrees that his/her credit card used to make the initial payment in the payment plan will be automatically charged for the Pelvic Reset Elite membership subscription payment thereafter, on or about the same date every year.

1. The Company reserves the right to cancel Client’s access to TPRP should he/she fail to make additional payments in accordance with the payment plan as agreed upon. Should this occur, Client understands they are not entitled to a refund of funds already issues to The Company in exchange for work completed thus far, and it is up to the sole discretion of The Company whether Client is to have continued access to any materials made available to Client during the Program up until payments were missed.

2. 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 customers of TPRP. It believes the methods work, but only if the Client is dedicated to the process. Nevertheless, Company offers a money back guarantee with TPRP under the following circumstances if pain improvement is not experienced:

1. In the event Client desires a refund, Client must contact the support team at [email protected] within the first fourteen (14) days from the date TPRP was completed. (Client MUST complete the full 8-week duration to be eligible for a refund. No refunds will be issued before the completion of the 8-week program.) Within this 14 day window, a representative from Company will schedule a call with Client to discuss the basis for the request, and provide Client with a refund request form to complete via Typeform, that will allow client to submit any necessary evidence of coursework. Client MUST speak to a Company customer service rep to be able to receive a refund. Once a call has been offered, Client must accept and complete the call within 14 days of the date it is offered. Any and all requests for refunds will be decided by the Company team and within Company’s sole and exclusive discretion. If a refund is granted, Client can expect reimbursement thirty (30) days after cancellation of Program in the same manner in which payment was made. If a refund is not granted, Client understands he/she remains financially responsible for payment in full of Program, and as long Client has received the full TPRP course, Client has no further recourse regarding refunds.

2. Client understands he/she will be forfeiting any and all access to Program and benefits if refund is issued, including but not limited to group calls, future modules, and all other information included within Program.

3. Due to the subjective nature of the Program provided by The Company, and The Company’s inability to control Client’s availability, motivation, external forces, financial situation, or level of engagement in Program, no refunds will be issued after 14 days following the completion of Company's 8-week course. Please conduct any and all necessary research to determine if TPRP is right for you prior to purchasing. Client is responsible for the full payment of all program fees, whether or not Client completes Program. If Client purchased Program with a payment plan, all payments must be made.

4. The Pelvic Reset Elite membership subscription fee is NOT ELIGIBLE for refund.

5. Previous participants in the Positioning Program are NOT ELIGIBLE for a refund, and DO NOT qualify for the money back guarantee for Program.

VOLUNTARY PARTICIPATION:

1. Client understands and agrees that he/she is voluntarily choosing to enroll in TPRP and is solely responsible for any outcomes or results. While The Company believes in its services and that TPRP 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 TPRP and any results therein, and agrees that any decisions to implement strategies, tactics, and information contained within TPRP is solely the responsibility and decision of Client.

2. CLIENT BEHAVIOR: While Client is allowed to express his/her opinion regarding TPRP and The Company, should Client make any false or disparaging comments on social media, to other members of TPRP, or otherwise publicly speak negatively about The Company, Dr. Kelly Ruther, or any other member of The Company, or TPRP, Client may be removed from the TPRP 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, 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 TPRP. The content provided by The Company on his/her website and within TPRP 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 Program without written permission by The Company;

2. Post, distribute, copy, steal or otherwise use any portion of the Program or its content, or information obtained via other members in the group Program 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 Program 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 Program, 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 Program, 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 Program.

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 Program 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 Program, she/he is gaining access to view all content and information available as part of the Program, as well as any additional information or content shared with him/her by The Company as she 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:

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 Program, 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 Program. 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.

PROGRAM ACCESS

Client is to have continued access to TPRP for as long as Client is an Active Member and it is offered on the current platform by The Company. If The Company ceases offers Program or discontinues use of platform on which Program is offered, Client will be notified via the email they used to purchase Program, and will have the opportunity to download Program materials prior to access ending. If Client fails to check this email in time, or otherwise does not download materials before Program access ends, The Company is not responsible for any loss in Program materials, or loss of access.

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 see results 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, Michigan 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 Program 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 Program to constitute acceptance and agreement to the updated Terms.