TERMS AND CONDITIONS
Welcome to Fix Your Elbow Pain!
These are the terms and conditions for:
By using the website, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words “website” refers to the Fix Your Elbow Pain website, “we”, “us”, “our” and “Fix Your Elbow Pain” refers to Fix Your Elbow Pain and “you” and “user” refers to you, the user of Fix Your Elbow Pain.
The following terms and conditions apply to the website offered by Fix Your Elbow Pain. This includes the mobile and tablet versions as well as any other version of Fix Your Elbow Painaccessible via desktop, mobile, tablet, social media or other devices.
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION FROM FIX YOUR ELBOW PAIN.
1. ACCEPTANCE OF TERMS
This agreement sets forth legally binding terms for your use of Fix Your Elbow Pain. By using the website, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the website. We may modify this agreement from time to time, and such modification shall be effective upon posting on the website. You agree to be bound by any modifications to these terms and conditions when you use the website after such modification is posted on the website; therefore, it is important that you review this agreement regularly.
The website is available for all ages. It is the responsibility of parents and legal guardians to determine whether use of the website or any of the content available on the website is appropriate for their child or ward.
Fix Your Elbow Pain may, in its sole discretion, refuse to offer the website to any entity or user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions.
By using the website, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
2. AFFILIATE LINKS
Through the use of the website, Fix Your Elbow Pain may offer affiliated content to third party websites that offer different content, products or different services. Fix Your Elbow Pain is not responsible for such third-party content or products or services offered through links included in the content available on the website. The user should carefully review the general policies and other terms and conditions before purchasing products or accessing any services on these third-party websites. Fix Your Elbow Pain is not responsible for products or services offered by third parties that may appear through links included in our content. Please note that the content appearing on the website is provided for informational and educational purposes only and that the final decision to purchase products or services on third party websites is the sole and exclusive responsibility of the user. Through the content or affiliate links, Fix Your Elbow Pain may receive some financial compensation, each time users purchase products or services from third parties and that are included in the links available in our content.
Fix Your Elbow Pain has no control over the commercial practices of third parties, nor does it control in any way the quality, safety or legality of the products or services displayed through the use of the website, nor the commercial transactions that occur as a result of the purchase of the products or services displayed through the use of the website. The purchase of products or services through third parties is done at your own risk and responsibility.
3. DISCLAIMER
By visiting the website and accessing the content available on the website, you accept personal responsibility for the results of your use of the information and content available on the website. You agree that Fix Your Elbow Pain does not guarantee the results of actions advised or not advised by this website and the content available on the website.
Fix Your Elbow Pain provides resources and content for informational and educational purposes only. The information and content available on the platform is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment.
4. ADVERTISING
Through the platform, Fix Your Elbow Pain may make available to users, commercial and advertising information, own or third parties in accordance with good business practices. In these cases, Fix Your Elbow Pain does not endorse, guarantee or commit its responsibility for the services and/or products marketed by these third parties, since the platform serves as a communication and advertising channel, but not as a tool for the provision of services. Consequently, it is the full responsibility of users to access the sites that send advertising, assuming the obligation to verify and know the conditions of the services offered by third parties.
All materials on Fix Your Elbow Pain, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Fix Your Elbow Pain or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all materials on Fix Your Elbow Pain are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Fix Your Elbow Pain prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Fix Your Elbow Pain or any part of the material for any purpose other than its intended purposes is strictly prohibited.
6. COPYRIGHT INFRINGEMENT
Fix Your Elbow Pain will respond to all enquiries, complaints and claims relating to alleged infringement by breach or violation of the provisions contained in international copyright and intellectual property laws and regulations. Fix Your Elbow Pain respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on the Fix Your Elbow Pain website infringes your copyright or other intellectual property rights, please submit your request via our contact information, with the following information:
The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to Fix Your Elbow Pain or licensed to the Fix Your Elbow Pain by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information or software obtained from or through the website. In addition, the following activities are prohibited:
8. DISCLAIMER OF WARRANTIES
Because of the nature of the Internet Fix Your Elbow Pain provides and maintains the website on an “as is”, “as available” basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our website for any reason beyond our control.
Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse Fix Your Elbow Pain for any loss or damage caused as a result.
Fix Your Elbow Pain will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Fix Your Elbow Pain excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Fix Your Elbow Pain and Fix Your Elbow Pain shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
- .
You agree to defend and indemnify Fix Your Elbow Pain from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- Your breach of this agreement or the documents referenced herein.
- Your violation of any law or the rights of a third party.
- Your use of the website.
10. CHANGES AND TERMINATION
We may modify the website and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users and clients. In addition, we may terminate our agreement with you under these terms at any time by notifying you in writing (including by email) or without notice.
11. INTEGRATION CLAUSE
This agreement together with the privacy policy and any other legal notices published by Fix Your Elbow Pain, shall constitute the entire agreement between you and Fix Your Elbow Pain concerning and governs your use of the website.
12. DISPUTES
The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the website, shall be resolved by binding arbitration between the user and Fix Your Elbow Pain, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.
In the event of a dispute arising in connection with the use of the website or the breach of these conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. Fix Your Elbow Pain may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.
To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website.
The courts of The Netherlands shall have jurisdiction over any dispute, controversy or claim relating to Fix Your Elbow Pain and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of The Netherlands.
13. FINAL PROVISIONS
These conditions are governed by the laws of The Netherlands. Use of the website is unauthorized in any jurisdiction that does not give effect to all of the provisions of these terms and conditions.
Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use.
If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
14. CONTACT INFORMATION
Email: info@fixyourelbowpain.com