Terms & Conditions
Agreement between User and www.spandextherapy.com
Welcome to www.spandextherapy.com. The www.spandextherapy.com website (the "Site") is
comprised of various web pages operated by SpandexTherapy. www.spandextherapy.com is
offered to you conditioned on your acceptance without modification of the terms, conditions,
and notices contained herein (the "Terms"). Your use of www.spandextherapy.com constitutes
your agreement to all such Terms. Please read these terms carefully, and keep a copy of them
for your reference.
www.spandextherapy.com is an E-Commerce Site.
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Electronic Communications
Visiting www.spandextherapy.com or sending emails to SpandexTherapy constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such
communications be in writing.
Children Under Thirteen
SpandexTherapy does not knowingly collect, either online or offline, personal information from
persons under the age of thirteen. If you are under 18, you may use www.spandextherapy.com
only with permission of a parent or guardian.
Cancellation/Refund Policy
If you are unsatisfied with your purchase, you can request a full refund within 30 days after
purchase by providing order number and reason for request. No refunds are available after 30
days. Please contact spandextherapy@gmail.com with any questions.
Links to Third Party Sites/Third Party Services
www.spandextherapy.com may contain links to other websites ("Linked Sites"). The Linked
Sites are not under the control of SpandexTherapy and SpandexTherapy is not responsible for
the contents of any Linked Site, including without limitation any link contained in a Linked Site,
or any changes or updates to a Linked Site. SpandexTherapy is providing these links to you only
as a convenience, and the inclusion of any link does not imply endorsement by SpandexTherapy
of the site or any association with its operators.
Certain services made available via www.spandextherapy.com are delivered by third party sites
and organizations. By using any product, service or functionality originating from the
www.spandextherapy.com domain, you hereby acknowledge and consent that SpandexTherapy
may share such information and data with any third party with whom SpandexTherapy has a
contractual relationship to provide the requested product, service or functionality on behalf of
www.spandextherapy.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
www.spandextherapy.com strictly in accordance with these terms of use. As a condition of your
use of the Site, you warrant to SpandexTherapy that you will not use the Site for any purpose
that is unlawful or prohibited by these Terms. You may not use the Site in any manner which
could damage, disable, overburden, or impair the Site or interfere with any other party's use
and enjoyment of the Site. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or provided for through the
Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of SpandexTherapy or
its suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary
notices, legends or other restrictions contained in any such content and will not make any
changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale,
create derivative works, or in any way exploit any of the content, in whole or in part, found on
the Site. SpandexTherapy content is not for resale. Your use of the Site does not entitle you to
make any unauthorized use of any protected content, and in particular you will not delete or
alter any proprietary rights or attribution notices in any content. You will use protected content
solely for your personal use, and will make no other use of the content without the express
written permission of SpandexTherapy and the copyright owner. You agree that you do not
acquire any ownership rights in any protected content. We do not grant you any licenses,
express or implied, to the intellectual property of SpandexTherapy or our licensors except as
expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group (collectively,
"Communication Services"). You agree to use the Communication Services only to post, send
and receive messages and material that are proper and related to the particular
Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication
Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others; publish, post, upload, distribute or
disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful
topic, name, material or information; upload files that contain software or other material
protected by intellectual property laws (or by rights of privacy of publicity) unless you own or
control the rights thereto or have received all necessary consents; upload files that contain
viruses, corrupted files, or any other similar software or programs that may damage the
operation of another's computer; advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Service specifically allows such messages;
conduct or forward surveys, contests, pyramid schemes or chain letters; download any file
posted by another user of a Communication Service that you know, or reasonably should know,
cannot be legally distributed in such manner; falsify or delete any author attributions, legal or
other proper notices or proprietary designations or labels of the origin or source of software or
other material contained in a file that is uploaded; restrict or inhibit any other user from using
and enjoying the Communication Services; violate any code of conduct or other guidelines
which may be applicable for any particular Communication Service; harvest or otherwise collect
information about others, including e-mail addresses, without their consent; violate any
applicable laws or regulations.
SpandexTherapy has no obligation to monitor the Communication Services. However,
SpandexTherapy reserves the right to review materials posted to a Communication Service and
to remove any materials in its sole discretion. SpandexTherapy reserves the right to terminate
your access to any or all of the Communication Services at any time without notice for any
reason whatsoever.
SpandexTherapy reserves the right at all times to disclose any information as necessary to
satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse
to post or to remove any information or materials, in whole or in part, in SpandexTherapy's sole
discretion.
Always use caution when giving out any personally identifying information about yourself or
your children in any Communication Service. SpandexTherapy does not control or endorse the
content, messages or information found in any Communication Service and, therefore,
SpandexTherapy specifically disclaims any liability with regard to the Communication Services
and any actions resulting from your participation in any Communication Service. Managers and
hosts are not authorized SpandexTherapy spokespersons, and their views do not necessarily
reflect those of SpandexTherapy.
Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such limitations if you
upload the materials.
Materials Provided to www.spandextherapy.com or Posted on Any SpandexTherapy Web Page
SpandexTherapy does not claim ownership of the materials you provide to
www.spandextherapy.com (including feedback and suggestions) or post, upload, input or
submit to any SpandexTherapy Site or our associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting your Submission you are
granting SpandexTherapy, our affiliated companies and necessary sublicensees permission to
use your Submission in connection with the operation of their Internet businesses including,
without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission; and to publish your name in
connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.
SpandexTherapy is under no obligation to post or use any Submission you may provide and may
remove any Submission at any time in SpandexTherapy's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described in
this section including, without limitation, all the rights necessary for you to provide, post,
upload, input or submit the Submissions.
International Users
The Service is controlled, operated and administered by SpandexTherapy from our offices
within the USA. If you access the Service from a location outside the USA, you are responsible
for compliance with all local laws. You agree that you will not use the SpandexTherapy Content
accessed through www.spandextherapy.com in any country or in any manner prohibited by any
applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless SpandexTherapy, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or
regulations. SpandexTherapy reserves the right, at its own cost, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you, in which event
you will fully cooperate with SpandexTherapy in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be
resolved only by final and binding arbitration pursuant to the Federal Arbitration Act,
conducted by a single neutral arbitrator and administered by the American Arbitration
Association, or a similar arbitration service selected by the parties, in a location mutually
agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered
upon it in any court having jurisdiction. In the event that any legal or equitable action,
proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing
party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to
arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes
arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort
claims that are a result of these Terms and Conditions. The parties agree that the Federal
Arbitration Act governs the interpretation and enforcement of this provision. The entire
dispute, including the scope and enforceability of this arbitration provision shall be determined
by the Arbitrator. This arbitration provision shall survive the termination of these Terms and
Conditions.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. SPANDEXTHERAPY AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SPANDEXTHERAPY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SPANDEXTHERAPY AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
SPANDEXTHERAPY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE
DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE
OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF SPANDEXTHERAPY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF
THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE.
Termination/Access Restriction
SpandexTherapy reserves the right, in its sole discretion, to terminate your access to the Site
and the related services or any portion thereof at any time, without notice. To the maximum
extent permitted by law, this agreement is governed by the laws of the State of Florida and you
hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising
out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists
between you and SpandexTherapy as a result of this agreement or use of the Site.
SpandexTherapy's performance of this agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation of SpandexTherapy's right to comply
with governmental, court and law enforcement requests or requirements relating to your use
of the Site or information provided to or gathered by SpandexTherapy with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and liability limitations set
forth above, then the invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between
the user and SpandexTherapy with respect to the Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written, between
the user and SpandexTherapy with respect to the Site. A printed version of this agreement and
of any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent and subject to the
same conditions as other business documents and records originally generated and maintained
in printed form. It is the express wish to the parties that this agreement and all related
documents be written in English.
Changes to Terms
SpandexTherapy reserves the right, in its sole discretion, to change the Terms under which
www.spandextherapy.com is offered. The most current version of the Terms will supersede all
previous versions. SpandexTherapy encourages you to periodically review the Terms to stay
informed of our updates.
Contact Us
SpandexTherapy welcomes your questions or comments regarding the Terms:
SpandexTherapy
7540 Mobile Hwy
Pensacola, Florida 32526
Email Address:
spandextherapy@gmail.com
Telephone number:
850-346-2266
Effective as of July 16, 2019