PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE AND BEFORE PURCHASING OR USING THE CONTOUREAL ADJUSTABLE BACK STRETCHING DEVICE (the “DEVICE”).Please also refer to our:
FAQ Privacy Policy Device Instructions
These Terms of Use, the FAQ, Privacy Policy, and Device Instructions are collectively referred to as the “Terms.” The Device, the Site, and all materials on the Site are the property of CONTOUREAL LLC (the “Company”).
By using this website and the Device, you signify your consent to these Terms. If you do not agree to these Terms, please do not use the website or purchase or use the Device.
Your access to and use of
www.contoureal.com
(the “Site”) is subject to the following Terms and all applicable laws. By accessing, browsing, or purchasing the Device or any other product on the Site, you accept these Terms, without limitation or qualification.
Your use of the Device and our products (collectively, “products”), the content and our materials is also subject to the terms outlined in the FAQ, Privacy Policy, and Instructions.
These Terms may be revised from time to time, without notice to you. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms to which you are bound.
OWNERSHIP AND USE OF PRODUCTS AND MATERIALS
You agree that the Site and all content, graphics, documents, videos, instructions, FAQs, products, and other materials made available on the Site by us or third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained by the Company for your personal use and information only, and are the property of the Company and/or its third party providers.
Subject to your compliance with these Terms, the Company grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Content solely for your personal purposes and information. No Content may be copied, reproduced, republished, uploaded, posted, modified, transmitted, distributed, used for public or commercial
purposes, or downloaded in any way unless prior written permission is expressly granted by the Company. Modification of the Content, any unauthorized use, or use of the Content for any other purpose is a violation of the copyright, trademark, privacy, and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. Nothing contained in this Agreement or in the Site shall be construed as
granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company.
All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademarks “CONTOUREAL”, “MEXIBILITY”, and “FLEXAZEN” are either the property of, or used with permission by, the Company. You are not permitted to use the Company’s trademarks or trade names.
While the Company uses reasonable efforts to include accurate and up-to-date information on the Site and in the Content, the Company makes no warranties or representations as to its accuracy.
The Company assumes no liability or responsibility for any errors or omissions in the Content or the Site.
If you send comments or suggestions to the Company, you agree that your comments or submissions will become the sole property of the Company. No submission will be subject to any obligation of confidence on the part of the Company. The Company is entitled to unrestricted use, publication, and dissemination of all such submissions for any purpose, commercial or otherwise, without any acknowledgment or compensation to you.
ONLINE STORE TERMS
You represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use the Device or any of the Company’s products for any illegal or unauthorized purpose.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue any product or service (or any content within the Site) without notice.
Information about shipping, returns, payment methods, order status, and other information regarding the purchase of our products can be found in our FAQ.
Certain products may be available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only according to the Return Policy listed in our FAQs.
The Company reserves the right to limit the sales of products to any person, geographic region or jurisdiction in its sole discretion. The Company reserves the right to limit the quantities of any products or services offered. All descriptions of products or product pricing are subject to change at any time without notice, at the Company’s sole discretion. Company reserves the right to discontinue any product at any time. Any offer for any product or service made on this Site is
void where prohibited.
The Company reserves the right to refuse any order you place on the Site. In its sole discretion, Company may limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that Company makes a change to or cancels an order, Company may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. Company reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so your transactions may be completed and you may be contacted as needed.
SECURITY OF DATA AND PRIVACY POLICY
The Company will use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system, whether or not password protected, can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site.
Use of the Site and the Content is completely at your own risk.
The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms. By using the Site, you signify your acceptance of the Company’s Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
When you purchase a product or register with the Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, or other communications from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
Your registration with the Company is governed by our Privacy Policy.
PURPOSE OF DEVICE & DISCLAIMER
The Company’s products are intended to help improve posture. Use of these products may cause discomfort.
You acknowledge and agree that use of the Company’s Device and other products is solely at your own risk.
You expressly assume all risks that may arise from your use of the products.
The Company is not liable to you for any injury, discomfort, or harm caused from your misuse of our products, due to your medical conditions, or generally from your use of the Device or our products.
It is strongly recommended that you consult with your medical practitioner prior to purchase of the Device.
Do not use the Contoureal posture enhancing device if you’re pregnant, have a spinal injury, have a spinal implant, or are otherwise injured. Stop use of the device if pain results during use, and check with your doctor.
NO MEDICAL ADVICE
All of the Content is provided as an information service only. Nothing contained in the Content is medical advice and should not be treated as such. The Content is not intended to be and should not be taken as a substitute for advice provided by medical professionals.
You should not use any of this information for diagnosing a health or fitness problem or disease. Please consult with your healthcare professional for information on what courses of treatment, if any, may be appropriate for you. Never delay seeking medical advice, disregard medical advice, or discontinue medical treatment based on information in the Content, Instructions or the Site.
NO WARRANTIESALL CONTENT, THE DEVICE, AND ALL PRODUCTS AND
MATERIALS OF THE COMPANY ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED CONDITIONS OR WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR COURSE OF DEALING. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE APPROPRIATE USE OF THE
CONTENT OR PRODUCTS, THE RESULTS OF THE USE OF THE CONTENT OR PRODUCTS, THE SUITABILITY OF THE CONTENT OR THE PRODUCTS FOR ANY USER’S INDIVIDUAL NEEDS, OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, CURE ANY DISEASE OR CONDITION, OR THE CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, OR CORRECTION OF THE CONTENT OR THE PRODUCTS.
YOUR INDIVIDUAL OUTCOME OR SUCCESS WITH THE COMPANY’S PRODUCTS IS ENTIRELY DEPENDENT ON YOUR OWN HEALTH SITUATION, THE METHOD OF USE OF THE PRODUCTS, AND OTHER FACTORS.
EVERYONE’S INDIVIDUAL HEALTH NEEDS AND STATUS VARIES.
THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR ANY PARTICULAR OUTCOME FROM YOUR USE OF THE COMPANY’S PRODUCTS OR CONTENT.
YOU ASSUME ALL RISKS IN THE USE OF THE CONTENT, DEVICE AND OTHER PRODUCTS.
THE COMPANY DOES NOT WARRANT THAT THE SITE OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ANY NECESSARY REPAIRS OR CORRECTIONS TO YOUR EQUIPMENT OR DEVICES.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE COMPANY OR ITS MEMBERS, OFFICERS, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, THE PRODUCTS, THE INABILITY TO USE THE SITE OR THE PRODUCTS, OR ANY OTHER CAUSE WHATSOEVER, REGARDLESS OF THEORY OF LIABILITY.
THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT IN NO EVENT WILL THE COMPANY’S LIABILITY FOR ANY DAMAGES, INJURIES, OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE CONTENT, THE DEVICE, OR PRODUCTS EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY.
THE COMPANY DOES NOT WARRANT THAT THE SITE OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ANY NECESSARY REPAIRS OR CORRECTIONS TO YOUR EQUIPMENT OR DEVICES.
THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY SQUARE, WOO COMMERCE, OR ANY OTHER THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE TERMS OF OR AGREEMENT BETWEEN YOU AND THAT PROVIDER.
THIRD PARTY LINKS OR RESOURCES
If the Site or the Content contains any links to third-party websites or resources, you acknowledge and agree that the Company is not responsible for the availability or accuracy of these websites or resources or their content.
We do not endorse these websites or resources.
You assume all risk in using any such websites or resources.
INDEMNIFICATION
You agree to indemnify, defend, and reimburse the Company, and its members, managers, officers employees, and agents, from any and all liabilities, claims, injuries, losses, damages and expenses, including reasonable attorney’s fees and costs, arising out of or relating to: (i) your use of the Site, the Content, the Device, or our other products, materials or information provided by the Company or through the Site; (ii) any violation by you of any law or the rights of any third
party; (iii) your failure to use the Device or other products as instructed; and (iv) your failure to comply with these Terms. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
MISCELLANEOUS TERMS
The provisions of these Terms are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Portland, Oregon and waive any claim that this is an inconvenient forum.
If any provision of this agreement is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Along with the Privacy Policy, FAQ, and Instructions, these Terms constitute the entire understanding and agreement between us and you regarding the Site, the Content, and your use of the Company’s Device and other products, supersede and replace any and all oral or written understandings or agreements between the Company and you.
The Company expressly rejects any additional or alternate terms you may propose.
These Terms are binding on the parties’ heirs, successors and permitted assigns.
The failure of the Company to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
Any waiver must be in writing.
In any proceeding to enforce or interpret these Terms, the prevailing party shall be entitled to recover from the losing party reasonable attorney fees, costs, and expenses incurred by the prevailing party before and at any trial, arbitration, bankruptcy, or other proceeding, and in any appeal or review.
The Company’s providing services or performance of any of its obligations shall be excused or rescheduled if delayed or prevented by acts of God, pandemics, government or public enemy, fire or other casualty, labor dispute or, similar circumstance beyond the Company’s reasonable control.