Last updated: 1 December 2020
We reserve the right to modify the Products & Services and these Terms at any time. If we modify these Terms, we will post the modification on the Site and/or provide you notice of the modification by email. Changes to the Terms will be effective at the time of posting.
The Site and Products & Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Products & Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
Our Site is designed to offer services in health & wellness,, lifestyle, related products and education events, as well as accept payments for such products & services.
The statements made on this website have not been evaluated or approved by the FDA. The products offered on this website are not intended to be used to diagnose, treat, cure, or prevent any ailment or disease and are experimental in nature. The information provided by this website or Athletic Restoration, PLLC is not a substitute for a face-to-face consultation with your physician, and should not be construed as individual medical advice. The products offered for sale on this website are not intended to take the place of any licensed medical doctor’s advice or treatment. Athletic Restoration, PLLC assumes no responsibility for your actions.
All Athletic Restoration’ protocols have no regulatory approval in any country and Athletic Restoration has not tested them in controlled clinical trials for safety or efficacy.
These protocols are not presented as a replacement for drugs, surgery or other therapy.
These protocols are updated from time to time.
Unless explicitly specified on the Site, Athletic Restoration’s responsibilities are limited to: (i) facilitating the availability of the Site and Product & Services and (ii) processing payments for our hosted events and other products & services offered on the Site.
Athletic Restoration IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO TRAVEL IN ORDER FOR REGISTRANTS TO ATTEND EVENTS OR RECEIVE SERVICES. ACCORDINGLY, ANY EVENT OR SERVICE BOOKINGS WILL BE MADE AT THE REGISTRANT’S OWN RISK.
In order to access certain features of the Site, and to return to an event registration, you may be offered the ability to create an account. Athletic Restoration reserves the right to suspend or terminate your Athletic Restoration account if you create more than one (1) Athletic Restoration Account or if any information provided during the registration process or thereafter proves to be fraudulent or otherwise in violation of these Terms.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party.
Sales are FINAL on the purchase of all services or products.
Athletic Restoration reserves the right to modify or terminate this Refund/Replacement Policy, at any time, in its sole discretion, and without prior notice. If Athletic Restoration modifies this Refund/Replacement Policy, then we will post the modification on the Site or provide you with notice of the modification. Athletic Restoration will continue to process claims for existing events and products made prior to the effective date of the modification under the terms of the existing policy.
We reserve the right to cancel or re-schedule any event or service per operating requirements or circumstances beyond our control. If we cancel the event or service any time before the event or service, Athletic Restoration’s only liability will be to refund the amount it has received for the event or service. We will try to re-book the same or similar event or service. PLEASE NOTE THAT IN THE EVENT OF A CANCELATION, Athletic Restoration IS NOT LIABLE FOR ANY TRAVEL-RELATED PENALTIES INCURRED OR ANY OTHER TRAVEL-RELATED ARRANGEMENTS INCLUDING AIRLINE TICKETS PURCHASED TO ATTEND AN EVENT OR SERVICE.
Athletic Restoration recommends that you purchase a travel protection plan to help protect you and your travel investment against the unexpected.
Limitation of Liability
IN NO EVENT WILL ATHLETIC RESTORATIONS’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS POLICY EXCEED THE AMOUNT OF THE PRODUCT OR EVENT REGISTRATION COST COLLECTED BY ATHLETIC RESTORATION FROM THE PURCHASER. YOU ACKNOWLEDGE AND AGREE THAT, BY USING THE SITE, OR MAKING A PURCHASE AND/OR REGISTERING FOR AN EVENT, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE POLICY TERMS.
Appointment of Payment Processor
Athletic Restoration has appointed Square as our payment processor, and is subject to Square’s Payment Terms. By agreeing to these terms or continuing to use Athletic Restoration’s service, you agree to be bound by the Square Terms, which may be modified by Square. Athletic Restoration is not responsible for the performance of Square or any other third party payment processing service. You expressly understand and agree that the Athletic Restoration shall not be liable for any payments and monetary transactions that occur through your use of the Service.
Square or other payment processors may charge service fee or taxes, where applicable (such as VAT in Europe). In addition, Square or other payment processors may impose or deduct foreign currency processing costs on or from any payments or payouts by Athletic Restoration in currencies other than U.S. dollars.
Athletic Restoration will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
In connection with your attendance at our events, you hereby agree that you will not:
- Harass, intimidate, or otherwise engage in any unwanted physical contact with another attendee.
- Not publically (including all forms of social media) disclose the names or other identifying information (occupation, images, etc.) of any other attendee you might meet or see at the event, or any information you might learn about those attendees during or following your event without their permission.
Website, Services or Social Media Forum Conduct
In connection with your use of the Site, Product & Services or our moderated Social Media Forums, you hereby agree that you will not:
- Violate any local, state, provincial, national, or other law or regulation, or any order of a court;
- Use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or content contained in the Site or Social Media Forums;
- Use the Site or Social Media Forums for any commercial or other purposes that are not expressly permitted by these Terms;
- Post, upload, publish, submit or transmit any Content that infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- Use our Site or Social Media Forums to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit card account numbers;
- Use our Site or Social Media Forums in connection with the distribution of unsolicited commercial email (“spam”) or advertisements “stalk” or harass any other user
- Recruit or otherwise solicit any event speaker, host, moderator or participant to join third-party services or websites that are competitive to Athletic Restoration, without Athletic Restoration’s prior written approval;
- Violate or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- Use, display, mirror or frame the Site, Products & Services, Athletic Restoration’ name, any Athletic Restoration trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site or Products & Services, without Athletic Restoration’s express written consent;
Athletic Restoration reserves the right, at any time and without prior notice, to remove or disable access to the Site, Products & Services or Social Forums if Athletic Restoration, at its sole discretion, considers any content to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Products & Services.
The Site and Products & Services are protected by copyright, trademark, and other laws of the United States. You acknowledge and agree that the Site and Services, including all associated intellectual property rights, are the exclusive property of Athletic Restoration. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Products & Services, or Social Forums.
The Site and Products & Services may contain links to third-party websites or resources. You acknowledge and agree that Athletic Restoration is not responsible or liable for the availability or accuracy of such websites or resources; or the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Athletic Restoration of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services. You may submit feedback by emailing us at hello@Athletic Restoration.com or through the “Contact” section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of Athletic Restoration and you hereby irrevocably assign to Athletic Restoration and agree to irrevocably assign to Athletic Restoration all of your right, title, and interest in and to all Feedback.
THE SITE, SERVICES AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ATHLETIC RESTORATION EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Athletic Restoration MAKES NO WARRANTY THAT THE SITE OR SERVICES, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Athletic Restoration MAKES NO WARRANTY REGARDING THE QUALITY OF EDUCATION OR OTHER SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR PRODUCTS & SERVICES.
You agree to release, defend, indemnify, and hold Athletic Restoration and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site or Products & Services or your violation of these Terms; (b) your Content; (c) your interaction with any other attendee at an event, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of an event registration.
Except as they may be supplemented by a document referenced and incorporated herein or by additional Athletic Restoration policies, guidelines, standards, or terms for a specific product, feature, products & service or offering, these Terms constitute the entire and exclusive understanding and agreement between Athletic Restoration and you regarding the Site.
You may not assign or transfer these Terms, by operation of law or otherwise, without Athletic Restoration’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Athletic Restoration may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Athletic Restoration via email or by posting to the Site.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without effect given to California’s conflict-of-law provisions. You and Athletic Restoration agree to submit to the personal jurisdiction of a state court located in San Francisco County, San Francisco, California or a United States District Court, Northern District of California located in San Francisco, California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
Dispute Resolution — Arbitration
If you reside in the United States, you and Athletic Restoration agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Products & Services or use of the Site will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Athletic Restoration are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you and Athletic Restoration otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
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 “Dispute Resolution” section. (The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The failure of Athletic Restoration 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 such right or provision will be effective only if in writing and signed by a duly authorized representative of Athletic Restoration. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting Athletic Restoration
If you have any questions about these Terms, please contact us at firstname.lastname@example.org
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