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Healthy Back Institute Privacy Policy:
Healthy Back Institute Privacy Policy: Healthy Back Institute (“HBI”) publishes health and fitness information for educational purposes via its website located at LoseTheBackPain.com (“Website”). In this Privacy Policy all references to HBI will mean Healthy Back Institute and its parent, subsidiary and affiliated companies. Intended Audience: The Website provides access to articles that address health and fitness topics in various categories such as Healthy Weight, Exercise & Fitness, Diseases & Conditions, Nutrition & Supplements, Women’s Health, Men’s Health, Senior’s Health and Children’s Health. It also offers health-related products and a public discussion forum where contact may post questions and receive responses from HBI or a third-party information provider. The Website also offers contacts the opportunity to create a private HBI membership that enables contacts to access additional information and services. HBI may from time to time change or remove Website content, categories and services in its sole discretion. Although the Website may offer information about children’s health, it is designed for use by adults only. Parents may use the Website to obtain information that may be relevant to their child’s health condition. Parents who create or allow their child to create a Website membership record will be solely responsible for supervising their child’s use of the Website. Scope of Privacy Policy: This Privacy Policy applies to the Website. All contact information acquired by HBI from Website contacts will be covered by this Privacy Policy, with the following exceptions: Contact suggestions to improve products or services, business ideas, concepts, models, inventions and similar information (“Business Information”) offered to HBI will not be covered by this Privacy Policy, and all Business Information that HBI may receive from any contact will be deemed publicly disclosed unless HBI signs and returns a written non-disclosure agreement with the specific contact prior to the contact’s submission of the Business Information. Any information, whether NPI, PI, or PHI, that a contact shares or otherwise discloses in a public chat room, message board, instant message exchange, blog, personal webpage, or similar public forum, whether via the Website, online service, or otherwise, will be deemed publicly disclosed information (“PDI”). HBI may handle and use all PDI as freely available public information which is outside the scope of any limitations described in this Privacy Policy. Duration of Privacy Policy: This Privacy Policy will apply to all information collected while the Privacy Policy is posted on the Website. HBI may modify and update the Privacy Policy from time-to-time by posting a revised Privacy Policy to the Website. Contacts who do not agree with any modified or updated Privacy Policy should promptly stop using the Website. HBI strongly recommends that all contacts regularly check the Website for any modifications to the Privacy Policy. Modifications and updates to the Privacy Policy will take effect upon posting to the Website and will apply to all information, past and future, collected via the Website. Those who have used the Website prior to a particular Privacy Policy modification or update and who object to the modification or update should promptly send HBI written notice of their objection. Prior contacts who use the Website after a revised Privacy Policy is posted will be deemed to have agreed to the revised Privacy Policy. Categories of Information: Depending on the contact’s interaction with the Website, HBI may collect contact information that falls into the following categories: Non-Personal Information, Personal Information, and Personal Health Information. Non-Personal Information (“NPI”) is information that is not associated with a specific contact and that does not enable HBI or others to identify a specific contact. For example, a contact’s age, gender, city and state of residence, when not associated with any other information that could help identify the contact, like street address or telephone number. NPI may be collected when contacts visit the public portion of the Website without registering as a member. Personal Information (“PI”) is information that identifies you as a unique person. For example, your first and last name associated with your street, city, state and zip code or telephone number or email address or other information that identifies you personally. PI is collected when contacts voluntarily register to be a member of the Website and may be collected when a contact sends an email inquiry to HBI via the Website or otherwise. Personal Health Information (“PHI”) is Personal Information coupled with information about your personal health such as a particular disease or other health condition. It is collected when contacts voluntarily provide both PI and their personal health information via the Website or otherwise. Accuracy and Currency of Information: You are responsible for the accuracy of all PI and PHI that you submit to HBI, whether via the Website or otherwise. HBI is not responsible for verifying the accuracy or currency of your PI or PHI. You understand that any information and/or services offered via the Website relevant to your personal situation may be based upon your PI and/or PHI, and that your PI may also become important for HBI to contact you. Therefore, it is important for your PI and PHI to be accurate and current. It is particularly important for your email address to be current because HBI will use email as its primary means of communicating with Website members and other contacts who have voluntarily provided PI to HBI. Information Collection Methods: contact information may be collected in various ways. NPI may be collected via web-based technologies that track computer usage. For example, every computer that accesses the Website will be assigned an electronic file with a unique code or identifier often referred to as a “cookie” unless the contact’s browser has been configured to block this type of activity. Cookies and other technologies may be used to collect information about each contact’s navigational activities and selection of advertisements, sponsored links, and other similar NPI. PI and PHI may be collected via the Website’s membership registration process, contact emails, and other similar means when a contact voluntarily provides it. PI and PHI is not collected via the Website unless the contact voluntarily submits it to HBI. Use of Information: HBI will not share PI or PHI with any third-parties without the contact’s consent with the following exceptions: (i) HBI may have to make incidental disclosures to third-party vendors who are providing technical or other services to or on behalf of HBI, including web hosting, software and hardware maintenance service providers (however HBI will endeavor to have all vendors sign appropriate confidentiality agreements in these circumstances); (ii) when compelled by legal requirements such as a court order, subpoena, search warrant, applicable law or the like; and (iii) under special circumstances that may involve a health or other physical threat to you or others or to protect, defend or otherwise assert legal rights. Third-Party Advertisements and Links: HBI may display third-party advertisements and sponsored links on the Website. HBI cannot control how other websites may collect and use your information, and will not be responsible for the conduct or practices used by third-party advertisers or sponsors. HBI recommends that you promptly review the privacy policy on each website you encounter via an advertisement or link on HBI’s website. Updating and Removing Your PI and PHI: You may update your PI and PHI via the Website. If you have a complaint or other issue, please contact HBI initially via our Customer Support link. Upon receipt of your written specific request, HBI will delete your PI and PHI from its databases, and, to the extent reasonably possible, from its back-up media. HBI will have no obligation to store your PI or PHI for any duration of time after termination of your Website membership. Absent your written instruction to the contrary, HBI may, in its discretion, retain and use your PI and PHI after termination of your membership. To submit a request for access or deletion of your personal information, please click here. You may also contact us to make any requests related to your personal information. California Privacy Rights: Shine the Light California Civil Code Section 1798.83 permits customers of The Healthy Back Institute who are California residents to request certain information regarding and/or opt-out of our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please write to us at the following address: The Healthy Back Institute 2407 S. Congress Avenue STE E #100 Austin, TX 78704 California Consumer Privacy Act: California residents may request copies of the data collected about them in the past 12 months through the process described in section X above. Sections B through X of this policy describe the categories of personal information we collect, our methods of collection, the business or commercial purpose for collection, and categories of third parties we disclose information to. You can download a copy of this policy any time by clicking CONTROL+P and selecting ‘Save as PDF’. You may submit a request for access or deletion of your personal information through an authorized agent by following the process described in section X above, however we will require you to verify your own identity. Our Healthy Back Institute and Livingwell Nutraceuticals brands do not share names, mailing addresses, and shopping histories of our California customers with anyone. We deploy cookies on our websites that collect data from our customers, however this data is not sold to anyone. Loyalty Programs and Financial Incentives Disclosure: The Healthy Back Institute provides special offers and benefits to customers who buy our products or sign up to receive communications from us via email, text, chat, and social media. The information we request from customers when they sign up may include the customer’s email address or phone number as well as name, partial birthday, product preferences or other information that allows us to tailor our communications. Customers may opt-in online, and can opt out of the programs at any time by contacting a customer service representative, or by using the unsubscribe methods provided for that communication channel such as unsubscribe links in email messages, replying “Stop” to text messages. If The Healthy Back Institute promotes another company’s products, it could be compensated for that promotion or recommendation. If another company promotes The Healthy Back Institute’s products, it could be financially compensated for the referral. California Right to Non-Discrimination: The Healthy Back Institute does not discriminate against customers who exercise their rights under applicable privacy law. Thank you for reading our emails & visiting our website. We understand the importance that Internet contacts place on privacy, and this Privacy Policy describes how we use personal information that is collected at this web site. Please read this Privacy Policy in full before using this site or submitting any personal information. By using this web site, you accept the privacy practices contained in this Privacy Policy. These privacy practices may change from time to time, but any changes will be posted. You are encouraged to review the Privacy Policy whenever you visit the web site to make sure you understand how any personal information you provide will be used. INFORMATION WE COLLECT: In order to serve our customers, we collect personally identifiable information, like names, addresses, email addresses, and sometimes credit card information when such information is voluntarily submitted by our visitors. We will only use your personal information for the following purposes: (1) to deliver the products and/or services to you that you have requested; (2) to validate your compliance with the terms and conditions; (3) for content improvement and feedback purposes; and (4) to reach you, when necessary, regarding your use of the web site or product(s). With your permission, we may also access other personal information on your device, such as your phone book, calendar or messages, in order to provide services to you. If authorized by you, we may also access profile and other information from services like Facebook. We will NEVER share your information with third parties unless you have given us explicit permission to do so, such as in order to fulfill a third party offer that you have accepted from us. By permitting us to collect this information, you will be able to receive free information on products and services that may be of interest to you, including related third party offers that we may send to you. You also enable us to personalize your experience with us so that we can provide you with the highest quality of service. By submitting your email address on this web site, you agree to receive email from us. You can cancel your participation in any of these email lists at any time by clicking the opt-out link or other unsubscribe option that is included in the respective email. We only send emails to people who have authorized us to contact them, either directly, or through a third party. We do not send unsolicited commercial emails, because we hate spam as much as you do. In addition, you agree that by submitting your email address on this web site and/or registering to receive the product and/or service offered herein, such act constitutes a purchase, an inquiry, and/or an application for the purposes of the Amended Telemarketing Sales Rule (ATSR), 16 CFR '310 et seq. and any applicable state and local "do not call" regulations. We retain the right to contact you via telemarketing in accordance with the ATSR and the applicable state regulations. THIRD PARTY ACTIONS: We do not control and are not liable for the actions of any third parties who we may promote. We pride ourselves in working with quality companies, but have no control over the actions of those third parties. While we are not liable for any of the actions of those third parties, you should feel free to give us feedback from time to time on your experiences with any third parties to whom we work with so that we may enhance our future service to all customers. SERVICE PROVIDERS: We may employ third-party companies and individuals due to the following reasons: To facilitate our Service; To provide the Service on our behalf; To perform Service-related services; or To assist us in analyzing how our Service is used. We want to inform our Service contacts that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose. COOKIES We may use cookies to deliver content that is specific to your interests. Cookies are text files that are used by your computer's web browser to store your preferences, and enable us to enhance your contact experience with our web site. IP ADDRESSES We may use your IP address to help prevent fraud, to help diagnose problems with our server, to gather broad demographic information, and to offer you products and services. THIRD PARTY WEBSITES: This web site and/or the products and/or services offered herein may direct you to websites that are owned and/or controlled by third parties. We have no control over those third parties and are not responsible for the content or the privacy practices of those sites or companies. COMMITMENT TO DATA SECURITY: All information collected from you is stored in a technically and physically secure environment. We use SSL encryption to protect sensitive information online, and we do everything we can to protect contact information offline. Unfortunately, no transmission over the Internet can be guaranteed to be 100% secure. As a result, while we take reasonable measures to protect your information, we cannot ensure or warrant the security of the information that you transmit to us, and you do so at your own risk. CHILDREN'S PRIVACY STATEMENT: This children's privacy statement explains our practices with respect to the online collection and use of personal information from children under the age of thirteen, and provides important information regarding their rights under federal law with respect to such information. This Site is not directed to children under the age of thirteen and we do NOT knowingly collect personally identifiable information from children under the age of thirteen as part of the Site. We screen contacts who wish to provide personal information in order to prevent contacts under the age of thirteen from providing such information. If we become aware that we have inadvertently received personally identifiable information from a contact under the age of thirteen as part of the Site, we will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of thirteen as part of the Site. We do NOT knowingly allow children under the age of thirteen to publicly post or otherwise distribute personally identifiable contact information through the Site. Terms of Service: 1. contact’s Acknowledgment and Acceptance of Terms: The SW Management Group, LLC dba Healthy Back Institute (referred to as “us” “HBI” or “we”) provides the Healthy Back Institute wed site located at https://losethebackpain.com/ and various related services (together referred to as this “site”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us (or your company). In addition, when using particular services or materials on this site, contacts shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use. BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE. These Terms of Use are effective as of September 10, 2020. We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use periodically and to be aware of any modifications. Your continued use of this site after such modifications will constitute your acknowledgment of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use. As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents. 2. About Us: HBI is a publisher of information for educational purposes only. HBI is not a licensed medical or health care provider and does not employ licensed medical physicians, nurses, dieticians, nutritionists or other medical or health care service providers. HBI is not affiliated with any medical or other health care institution. HBI publishes materials under the title “Lose the Back Pain” which includes a video, a reference manual, and a personal support service. These three components make up the “System” and all components are offered subject to this disclaimer. Neither the System nor the System materials or content have been approved by the Food and Drug Administration, the Federal Trade Commission or any other government agency. You understand that the System support services are not designed or intended to offer emergency medical care or response services. HBI’s System offers general information about maintaining a healthy body and particularly the types of exercises which are commonly believed to support a healthy back. However, each person is unique and the information included in the System may not be appropriate for your specific health or back situation. HBI does not give medical advice or opinions on medical conditions, treatments or cures; and you should not rely upon anything in the System or System materials as a preventive, cure or treatment for any purposes. Any information in the System or System materials that appears in the form of an opinion, recommendation, preventive, cure or treatment should NOT be taken as medical or other advice even if it may appear to you as such. HBI strongly recommends that you check with a licensed physician who is familiar with the details of your particular situation before you begin using the System or the System materials. 3. Description of Services: We make various services available on this site including, but not limited to, educational information. You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and modem; and your own Internet access (including payment of telephone service fees associated with such access). We reserve the sole right to either modify or discontinue the site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee-based services, or changes to limitations on allowable file sizes. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use. You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have has no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control. You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any contact communications or personalization settings. 4. Registration Data and Privacy: In order to access some of the services on this site, you will require a separate login that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”) and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate. You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use. 5. Payment of Fees: If you make a purchase, you agree to pay all fees associated with such service or products. For all charges, we will bill your credit card. Recurring charges are billed in advance of any ordered service or product shipment. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within thirty (30) days of the change. If, for any reason, your credit card company refuses to pay the amount billed for the service, you agree that we may, at our option, suspend or terminate your subscription to products and services and require you to pay the overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated records. You agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses. You agree to abide by our Purchase Terms & Conditions which is incorporated by reference to this Agreement. 6. Conduct on Site: Your use of the site is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that: (a) Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or records of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies; (b) Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (c) Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; (d) Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; (e) Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or (f) Impersonates any person or entity, including any of our employees or representatives. We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party contacts of the site. We generally do not pre-screen, monitor, or edit the content posted by contacts of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of contact conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party. In addition, you may not use your record to breach the security of another record or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized contacts of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. contacts who violate systems or network security may incur criminal or civil liability. You agree that we may at any time, and at our sole discretion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations. 7. Third Party Sites and Information: This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied. 8. Intellectual Property Information: Copyright (c) 2018 SW Management Group, LLC All Rights Reserved. For purposes of these Terms of Use, “content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by contacts on our site. This includes, but is in no way limited to, message boards, chat, and other original content. By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of SW Management Group, LLC and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of SW Management Group, LLC or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of SW Management Group, LLC or its Affiliates. 9. contact’s Materials: Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used. Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance. We respect the intellectual property of others, and we ask you to do the same. If you or any contact of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the contact should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed’ (b) Identification of the copyrighted work claimed to have been infringed; (c) Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; (d) Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials; (e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and (f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of contacts about whom repeat claims of copyright infringement are received will be terminated. Designated Agent for Claimed Infringement: President of SW Management Group, LLC 2407 S. Congress Ave, Suite E100 Austin, TX 78704 800-216-4908 Email: postmaster@sc.losethebackpain.com Subject: Possible Infringement Your acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act. 10. Disclaimer of Warranties: ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (a) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. Through your use of the site, you may have the opportunities to engage in commercial transactions with other contacts and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES. Before purchasing products and services on or through this site, review our Sales Terms and Conditions, which are incorporated by reference into these Terms of Use. Content available through this site often represents the opinions and judgments of an information provider, site contact, or other person or entity not connected with SW Management Group, LLC. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized SW Management Group, LLC spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms of Use. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 11. Limitation of Liability: Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Use and your use of this site shall be limited to the amount you paid us for the products and services on the site during the twelve (12) month period before the act giving rise to the liability. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 12. Indemnification: Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. 13. Participation in Promotions: From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion. 14. E-mail Services: We may make e-mail services available to contacts of our site, either directly or through a third-party provider. We will not inspect or disclose the contents of private e-mail messages except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by court or governmental order. Further information is available in our Privacy Policy. We may employ automated monitoring devices or techniques to protect our contacts from mass unsolicited mailings (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked. Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block e-mail messages that exceed the limit. We will not be responsible for such deleted or blocked messages. 15. Security and Password: You are solely responsible for maintaining the confidentiality of your login and for any and all statements made and acts or omissions that occur through the use of your login, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your login. Our personnel will never ask you for your password. You may not transfer or share your record with anyone, and we reserve the right to immediately terminate your record in the event of any unauthorized transfer or sharing thereof. 16. Export Controls: Software available on or through this site is subject to United States Export Controls. No software from this site may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. 17. International Use: Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited. 18. Termination of Use: You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your record and all related information and files in your record and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1, 3, 5-11, 14, and 17-19 of these Terms of Use, as well as your liability for any unpaid fees, shall survive any termination. 19. Governing Law: This site (excluding any linked sites) is controlled by us from our offices within the State of Texas, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Texas, by accessing this site both of us agree that the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Travis County and the United States District Court for Western District of Texas with respect to such matters. 20. Notices: All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to us must be sent to the attention of Customer Service at postmaster@sc.losethebackpain.com, if by e-mail, or at SW Management Group, LLC, 2407 S. Congress Ave., Suite E #100, Austin, Texas 78704 if by conventional mail. Notices to you may be sent either to the e-mail address supplied for your record or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you. Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by US mail, return receipt requested; (d) on the delivery date if transmitted by confirmed facsimile; or (e) on the delivery date if transmitted by confirmed e-mail. 21. Entire Agreement: These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. 22. Miscellaneous: In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred. You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so shall be null and void. We may free assign our rights and obligations under these Terms of Use.