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Terms & Conditions

Terms & Conditions

By using this website as a user (“You”), You agree to the following Terms and Conditions and Privacy Policy. Please read them carefully before using this website.

General Provisions

This website is owned and operated by Beyond the V Physical Therapy, PLLC (hereafter “Our”, “We”, “Us”, or “Company”). Our principal place of business is located at 856 S Main St. Unit 3, Pleasant Grove, UT 84062.

Use of this website is at Your own risk. We host this site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety or Your individual use of the website. The terms and conditions contained on this page are subject to change at any time.

 
You may use the Site for lawful purposes only. You agree to use the Site for legitimate purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
 
The information presented on allisoncolledge.com is provided “as is” and “as available,” without representation or warranty of any kind. We do not represent or warrant that such information is or will be always current, complete, or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed. Laws change very quickly, especially in certain areas of law like Internet and eCommerce law. While the site strives to provide useful information for users, it cannot claim to be updated in all subjects or in all jurisdictions. 

Intellectual Property Notice

The Platforms and Services contain intellectual property owned by the Company (“Company’s Intellectual Property”) and by third-parties that licensed the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, all images, text, designs, graphics, logos, trademarks and service marks are owned by and property of Beyond the V Physical Therapy, PLLC, or the properly attributed party. It is a violation of federal law to use any of Our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.

You may NOT use Our intellectual property in any way, which includes republishing any text, image, design or other property on another website, or posting a quote or image from Our site to any third-party website including social media. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service content, in whole or in part without our prior written consent. You may not: establish: (i) a hyperlink, including a deep link, to any page or location on the Platforms/Services; or (ii) a frame containing any portion of the Platforms/Services, on any other website or text document with hyperlink capabilities without the express written permission of the Company; copy such content onto your or any other website or publication; or direct any other person to do any of the foregoing. We reserve the right to immediately remove your access to our Platforms and Services, without refund, if you are found to be violating this Intellectual Property Policy.  We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy. 

Use License 

Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: 

  1. modify or copy the materials;
  2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  3. attempt to decompile or reverse engineer any software contained on the School’s web site;
  4. remove any copyright or other proprietary notations from the materials; or
  5. transfer the materials to another person or ‘mirror’ the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Your Communications

Any communications made through Our ‘contact,’ or other related pages, or directly to Our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on Our website, servers, comments, emails or other media as allowed by United States law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how We store and use Your communications or any data provided by You in those communications, please refer to Our Privacy Policy on this page.

We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.

Use of the Site and Service
 
To access or use the site, you must be 18 years or older and have the requisite power and authority to enter into these terms and conditions. Children under the age of 18 are prohibited from using this site or service. In order to access the Platforms, you must obtain access to the World Wide Web through devices that access web-based content and pay any service fees associated with such access. We reserve the right to modify, suspend or discontinue, whether temporarily or permanently, the Platforms (or any part thereof) for any reason and without notice. You agree that Company shall not be liable to you or to any third party for any modification, interruption, suspension or discontinuance of the Platforms. We are not responsible for delay or failure of our performance of any of the features of the Platforms caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
 
Disclaimers

Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless Our website and company for any direct or indirect loss or conduct incurred as a result of Your use of Our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

This website is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website is used at Your own risk. If You should see any errors or omissions and would like to let us know, please email us at pauli@beyondthevbypauli.com.

Termination

If at any time We feel You have violated these Terms and Conditions, then We shall immediately terminate Your use of Our website and any related communications as We deem appropriate. It is within Our sole discretion to allow any user’s access of Our website, and We may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Our site(s).

Dispute Resolution

If a dispute arises under these Terms of Service, we agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in American Fork, Utah. Any costs and fees associated with the mediation, other than attorney fees, will be shared equally by the both of us.  If any court action is necessary to enforce these Terms of Service, the prevailing party will be entitled to reasonable attorney fees, costs, and expenses in addition to any other relief to which the party may be entitled.  If mediation is unsuccessful and submission to a court is required, the parties agree that the agreement is subject to Utah law and should be filed in the Fourth District Court, Utah County Utah.  The mediation requirement may be trumped based on written terms in a Contract with Beyond the V Physical Therapy, PLLC.

Effect of Headings
 
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
 
Entire Agreement

This Agreement constitutes the entire agreement between You and Beyond the V Physical Therapy, PLLC pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us pertaining to the Site and Service. No waiver of any of the provisions of this Agreement by Beyond the V Physical Therapy, PLLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Us.

Severability

If any part of these terms and conditions or Our privacy policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

Law and Jurisdiction

This Agreement shall be construed in accordance with, and governed by, the laws of Utah. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be in the Fourth District, Utah County, Utah. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
 
Limitation of Liability and Indemnification
 
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Beyond the V Physical Therapy, PLLC is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law.
 
You shall indemnify and hold Us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by You of any of these terms and conditions, or any use by You of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to You, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.

The Company may share the successful results of the Company, its users, or customers on the Platforms and Services.  Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your results, future earnings, business profit, marketing performance, audience growth, or results of any kind. By accessing the Platforms and/or Services, you accept, agree and understand that you are fully responsible for your progress and results from your participation. We do not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in our Platforms and/or Services is a promise, warranty or guarantee to you of such results.  

In no event shall Company have any liability to You, whether as a result of breach of contract, warranty, tort liability (including negligence), statute, common law, equity, strict liability or otherwise, and whether arising before or after the completion of the Work, for any indirect, consequential, incidental, liquidated, expectation, general, special, pecuniary, exemplary, or punitive loss or damage of any kind or nature whatsoever, including but not limited to damage to or loss of use of property, loss of profits or revenues, lost data or goodwill, and cost of purchased or replacement products, arising out of or in any way relating to this Agreement or the Work.  In addition, You agree that any action against Beyond the V Physical Therapy, PLLC based in contract or warranty shall be commenced within eighteen (18) months of completion of the Work.

In addition, Company’s liability shall in all cases be limited to the amount of the Contract Price actually paid to Company for the Work giving rise to the claims asserted against Company.  You further agree that Company’s officers, directors, shareholders, members, managers, affiliates, agents, attorneys, successors, and/or assigns shall not be personally liable for any claims or damages with respect to the Contract or the Work.  You knowingly and intentionally relinquish any claims or damages that are inconsistent with the liability limitations set forth in this Section of the Terms and Conditions.

Medical Disclaimer

The content in this course is written by Pauline Williams and Beyond the V Physical Therapy, PLLC. The information is designed to help women progress towards their health goals. It contains general information and direction for informational purposes only. It is not specifically tailored to suit any injuries, health problems, or any other problems that could be aggravated with any of the shown exercises. If you are an individual with such problems please seek the help of your general practitioner, physical therapist, personal trainer, or similar health professional who is familiar with your individual needs. The materials and content contained in “No Kegels University” are for general health improvement recommendations only and are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Users of this program should not rely exclusively on information provided in this program for their own health needs as it is branded as a set of “guidelines” aimed at a broad-spectrum audience. All specific medical questions should be presented to your own health care professional.  By using this course, you agree to hold harmless Pauline Williams, Beyond the V Physical Therapy, PLLC, and all other entities from any liability or personal injury associated with any content in this course. Beyond the V Physical Therapy, PLLC makes no warranties or representations, express or implied, as to the accuracy or completeness, timeliness, or usefulness of any opinions, advice, services or other information contained or referenced to, in this document. Beyond the V Physical Therapy, PLLC does not assume any risk for your use of this information as this resource is not individually tailored. Accordingly, the information contained in this book is copyright, 2022 © Beyond the V Physical Therapy, PLLC. Therefore, no part of this Course may in any or by any electronic, mechanical, photocopying, recording, or any other means be reproduced, broadcast, sold, or transmitted without prior written consent of the publisher, Beyond the V Physical Therapy, PLLC. We do not guarantee any results from reading this document. Your results and your success depend completely on what you choose to do with this knowledge.

This course offers health, fitness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided in this book is solely at your own risk.

Consent

By using this website, You hereby consent to these Terms and Conditions of Use.  If You require any more information or have any questions about these Terms and Conditions of website use, or the included Privacy Policy, please feel free to contact us by email at pauli@beyondthevbypauli.com

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