THIS WEBSITE REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU ACCESS.
READING AND ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING THE PROVISIONS OF THE PRIVACY POLICY OF THIS WEBSITE ARE REQUIRED CONSIDERATIONS FOR THE WEBSITE GRANTING YOU THE RIGHT TO VISIT, READ OR INTERACT WITH IT.
ALL PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ AND ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY.
BY VIEWING, VISITING, USING, OR INTERACTING WITH THIS WEBSITE OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY OF THIS WEBSITE.
ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO THIS WEBSITE. IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH THIS WEBSITE OR ITS CONTENTS IN ANY MANNER. THIS WEBSITE SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998.
THIS WEBSITE RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, THE WEBSITE IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.
THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO VIEW THIS WEBSITE, TO KEEP THEMSELVES INFORMED OF CHANGES.
PARTIES TO THE TERMS OF USE AGREEMENT
Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Visitors,” are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “Website.”
USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Nothing. Visitor agrees to liquidated damages in the amount of U.S.$100,000 in addition to costs and actual damages for breach of this provision. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The website and its contents are owned or licensed by the website. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.
HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED
Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the url (website address) of this website in any commercial or non-commercial media without express permission, nor are you allowed to ‘frame’ the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of US$100,000.00 plus costs and actual damages for violating this provision.
ORDERS/BILLING
In consideration for the Online Products that you receive from Erase Your Back Pain™, and for enrolment in the any Program(s), you agree to pay the Fees (as defined below). You shall have the choice to pay the Fees via the credit card that you provide as part of your Application, or update at a later date ("Active Credit Card").
TRIAL PROGRAM
Upon placing your first order for Online Products, you will automatically be enrolled in the Erase Your Back Pain™ Quick-Fix program ("Quick-Fix Program"). The Quick-Fix Program enables you to access, via your Account, the Quick-Fix Package ("Package") and the Comprehensive eBook Package ("eBook Package") made available on the Website. Initially, you shall have access to the Quick-Fix Package pursuant to a fourteen (14) day trial period ("Quick-Fix All-Access Pass"). If you do not cancel your Quick-Fix All-Access Pass during your fourteen (14) day trial period, then your Active Credit Card will be charged the monthly Quick-Fix Package fee of Twenty-Seven Dollars ($27) ("QF Monthly Fee"). Thereafter, for as long as your Quick-Fix All-Access Pass remains active, your Active Credit Card will be charged for the QF Monthly Fee on a monthly basis, for your ongoing Quick-Fix All-Access Pass.
All Access Fees will appear on your Active Credit Card bill as "Retire3" or "Retire3/InsiderCode." You hereby authorize Erase Your Back Pain™ (or its partners, affiliates and/or agents) to charge your Active Credit Card all such Access Fees on a monthly basis. You acknowledge and agree that Erase Your Back Pain™ will not obtain additional authorization from you for each instalment of Access Fees charged to your Active Credit Card.
You may have up to (3) separate options to choose from when ordering Online Products on the Website (each, a Erase Your Back Pain™ program): (a) Trial Offer (when available), includes a fee of Twenty-Seven dollars ($27), which includes a four dollar and ninty-five cent ($4.95) fee for shipping and handling("Shipping and Handling"); (b) Silver Elite Package for One Hundred and Forty-Seven Dollars ($147.00), including Shipping and Handling; and (c) the Gold Elite Package for One Hundred and Ninty-Seven Dollars ($197.00), including Shipping and Handling. Orders outside of US pay an additional Nine Dollars and Ninety-Five Cents ($9.95) for shipping.
When our Offer is indicated to be "Risk-Free" we mean that by providing the ability to fully cancel and stop future payments, we eliminate the risk of incurring unwanted charges or commitments.
Trial Offer and Sixty (60) Day "It Works... Or It is FREE" Guarantee: Where Erase Your Back Pain™ offers its "Trial" Promotion, and where you have chosen to register for such Promotion, upon submitting your initial Erase Your Back Pain™ Application, your Active Credit Card will be charged only the non-refundable Shipping and Handling Fee for your initial fourteen (14) day trial membership ("Trial Membership") and you will receive access and the "Healthy Back" materials. If you do not cancel your Membership as set forth below, and return the Healthy Back materials at your expense, which must be received by us within fourteen (14) days of your receipt of the "Healthy Back" materials ("14 Day Trial Period"), your Active Credit Card will be charged the monthly Membership fee of Twenty-Seven Dollars and ($27) ("Monthly Fee"). Thereafter, for as long as your Membership remains active, your Active Credit Card will be charged for the Monthly Fee on a monthly basis, plus Shipping and Handling, every month, for your ongoing Membership. You hereby authorize Erase Your Back Pain™ (or its partners, affiliates and/or agents) to charge your Active Credit Card all such fees associated with Membership on a monthly basis. You acknowledge and agree that Erase Your Back Pain™ will not obtain additional authorization from you for each instalment of Monthly Fees charged to your Active Credit Card. All Monthly Fees will appear on your Active Credit Card bill as "Retire3/InsiderCode or InsiderCode."
As an active Member, if you are not satisfied with the Online Products for any reason, and you cancel your Membership as set forth below and return the "Healthy Back" materials that were delivered to you ("Qualifying Return Products"). We must receive the Qualifying Return Products within sixty (60) days of the date that Qualifying Return Products were shipped to you. Where we receive the Qualifying Return Products within that sixty (60) day period, you will be refunded any and all Monthly Fees that you have paid toward such Qualifying Return Products ("60 Day Guarantee"). All Qualifying Return Products returned to us as part of the 60 Day Guarantee shall be shipped at your cost. Any and all Shipping and Handling costs shall remain non-refundable. All refunds associated with the 60 Day Guarantee shall be credited to your Active Credit Card.
GENERAL PAYMENT TERMS
All Fees are payable in United States currency. Failure to use the Quick-Fix Program and/or other Online Products, as applicable, does not constitute a basis for refusing to pay any of the associated Fees. You agree to be bound by the pricing and billing practices of Erase Your Back Pain™ in effect at any given time. Upon prior written notice to you (with e-mail sufficing), Erase Your Back Pain™ reserves the right to change its pricing and/or billing practices whenever necessary, in its sole discretion. If you do not agree with these changes, you may cancel your All-Access Pass and/or access to phone evaluations, at any time, but you will remain responsible for timely payment of any and all Fees that you have already incurred (including any applicable late fees). Continued acceptance of Online Products, continued Membership and/or continued enrolment in the All-Access Program after receipt of such notice shall constitute consent to any and all such changes. Where you fail to make any scheduled payment for accrued Fees, such overdue amounts will be subject to interest charges in the amount of one and one half percent (1.5%) per month, compounded monthly. If you are a Member, your Membership, All-Access Pass and/or Eligibility for phone evaluations may each be deactivated for non-payment of Fees. Erase Your Back Pain’s™ authorization to bill the applicable Fees is obtained by way of your electronic signature. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Erase Your Back Pain’s™ reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically pre-empt all state laws that recognize only paper and handwritten signatures.
Cancellation of Erase Your Back Pain™ Membership, All-Access Pass and/or Elite Access. You may cancel your Membership,All-Access Pass and/or Elite Access at any time if you are not completely satisfied. Each Membership and Access must be cancelled separately and individually. To cancel your Membership, All-Access Pass and/or Elite Access you must contact customer service by doing either of the following: (a) contacting customer service via telephone at (888) 227-9951 ; or (b) accessing Erase Your Back Pain’s™ live help option available on the Website. Please have your e-mail address and other Registration Data available for efficient processing of your cancellation order. Please be advised that unless you are cancelling pursuant to the fourteen (14) day Trial Membership or 60 Day Guarantee as set forth hereinabove, and unless we receive the applicable Qualifying Return Products within the applicable time period, we will not refund any amounts previously paid up to the date of cancellation or termination, you shall not receive any pro-rata refund for partial months and you shall remain liable for any and all unpaid charges billed by Erase Your Back Pain™. You understand and agree that cancellation of your Membership All-Access Pass and/or Elite Access, as well as the return of the "Healthy Back" Products, is your sole right and remedy with respect to any dispute with Erase Your Back Pain™. Upon any termination and/or cancellation of your Membership, All-Access Pass and/or Elite Access, your license grant, as set forth below shall immediately terminate.
License Grant.
As a user of the Website, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website, Quick-Fix Package and "Healthy Back" Package. Erase Your Back Pain™ may terminate this license at any time for any reason. Unless otherwise expressly authorized by Erase Your Back Pain™, as a visitor to the Website, you may only use the Website and the Content for your own personal, non-commercial use. No part of the Website including, but not limited to, the Content, may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect content from the Website except as expressly permitted by Erase Your Back Pain™. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website, Content and/or any portion thereof. You may not create any "derivative works" by altering any aspect of the Website or the Content. You may not use the Website and/or the Content in conjunction with any other third-party content. You may not exploit any aspect of the Website and/or the Content for any commercial purposes not expressly permitted by Erase Your Back Pain™. You further agree to indemnify and hold harmless Erase Your Back Pain™ for your failure to comply with this Section. Erase Your Back Pain™ reserves any rights not explicitly granted in the Agreement.
DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any responsibility for the accuracy of the content of this website. Visitors assume the all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty.
Every effort has been made to ensure that the information presented on this website is free from error. However, the information contained on this website is intended for educational purposes only and is not meant to replace the advice of your qualified medical practitioner.
The website disclaims any responsibility for the accuracy of the content of this website. Visitors assume the all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty.
The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads information from this site at this own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.
SUBMISSIONS
Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. “Submissions” is also a provision of the Privacy Policy.
NOTICE
No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.
DISPUTES
As part of the consideration that the Website requires for viewing, using or interacting with this website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the Seller.
In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
This Terms of Use is copyrighted and owned by Innovative Wellness Solutions, LLC
DISPUTES
As part of the consideration that the Website requires of the Visitor to view, use, or interact with this site, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association, which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the Seller.
In no case shall the Visitor have the right to go to court or have a jury trial. Visitor will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. Lafayette, Parish of Lafayette, Louisiana. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller’s address.
APPLICABLE LAW
Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of the Seller.
CONTACT INFORMATION