RK Exercises For Injuries Corp. (EFI) Dba Healing Through Movement

TERMS OF SERVICES

Last Updated: 30/August/2024

IMPORTANT: PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE CONTINUING

Welcome to the Forward Head Posture Fix website - https://www.forwardheadposturefix.com/ and the Healing Through Movement App (hereinafter, “the App/Website” or “our Website”), owned and operated by RK Exercises For Injuries Corp. (EFI) Dba Healing Through Movement (hereinafter "Company," "Our," "We," or "Us"). Please note that the terminology used in this document may be in singular or plural form or capitalized, and these terminologies can be used interchangeably as needed.

Our website includes browsing and reading content, an e-commerce store section for purchasing products from our online store, the Healing Through Movement App, various content, tools, resources, social networking features, and third-party content (hereinafter collectively referred to as the "Services. The following Terms of Service (hereinafter, "Agreement") govern the access to our website and the use of the Services. These conditions create a legally binding agreement between you and Us, outlining the rules and regulations for our website. Please review the Agreement carefully. If you disagree with the Agreement, you are not authorized to access, use or purchase products from our website.

TERMS AND CONDITIONS

1. Parties

In this Agreement, the "Associated Agreements" means Healing Through Movement’s website Terms & Conditions, Privacy Policy, Refund Policy and Cancellation Policy (and any other rules, policies, or additional agreements or documents that we may publish from time to time which are incorporated into this Agreement) and are between You (“Client” “you” or “your”) and RK Exercises For Injuries Corp. (EFI) Dba Healing Through Movement  (“Healing Through Movement,” “we,” “our” and “us”).

2. Acceptance of Terms and Agreement to Be Bound.

2.1 Accessing our website and using our Services means you agree to be bound by the Associated Agreements without modification. When you access and use our website, you agree to be bound by this Agreement and the Associated Agreements. If you disagree with the terms of this Agreement and the Associated Agreements, you are not allowed to use our website, purchase our products, or subscribe to our services. In such a case, you must leave the website and stop using it immediately.

2.2 Confirmation of Legal Age: By using our website and entering into this Agreement, you confirm that you are an adult of legal age, understand and accept this Agreement, and are legally and financially responsible for all actions taken using or accessing this App/Website. Minors need parent/guardian consent to use our Services. No consent, no use.

2.3 Consent to Privacy Policy: By accepting and agreeing to this Agreement, you also consent to our   (which forms part of the Associated agreements). Our Privacy Policy outlines the types of data we collect from you and your devices, how we use your data, and the legal bases we have to process your data.

2.4 Modification: We may modify this Agreement and the Associated Agreements at any time, and if we do, we will update the modified Terms or Agreement(s) on our website. Please review any revised Terms or Agreement(s) before you continue using our Website, Products and Services. If you continue to use our Website, Products and Services, you are bound by the modified Terms or Agreement(s). If you disagree to be bound by the modified Terms or Agreement(s), you may not use our Website, Products and Services. By using our Website, Products and Services, you represent that you are at least 18 years old and that all information you submit is correct.

New products or offers are subject to the posted agreement at the time of purchase. We are not responsible for any issues with website use or product acquisition.

2.5 Termination for Breach: You agree and acknowledge that we reserve the right to suspend or terminate your account and restrict your access to services if you breach this Agreement and the Associated Agreements. You agree and acknowledge that we reserve the right to remove any information or content related to our website without prior notice and at our sole discretion.

We are not responsible for refunding services or purchases lost due to

involuntary suspension, restriction or termination of your account. You agree that we will not be held liable to you or any other person in case of any suspension or termination." If you are unsatisfied with our website or any of the terms, conditions, rules, policies, guidelines, or practices we use to operate our website, you can discontinue using our website.

3. Intellectual Property & Use of Content

3.1. The material available on our website, which includes text, graphics, images, videos, audio, software and other related materials (collectively known as "Content"), is the exclusive property of RK Exercises for Injuries Corp. (EFI) Dba Healing Through Movement or our licensors and is protected by Canadian and international copyright laws.

You can access and download one copy of the material on our website for personal, non-commercial use. Please include the following copyright notice: "Copyright 2024, Healing Through Movement. All Rights Reserved," and any other copyright and proprietary rights notices in the Content. Special rules for using provided software may appear on the Website and are part of these Terms and Conditions.

If you use the content in any way not explicitly allowed by these Terms and Conditions, you are violating these Terms and Conditions, and You may be breaking copyright, trademark, or other laws. We reserve the right to change or stop any content or features at any time, without notice, at our discretion. All rights not explicitly granted here are reserved for us and our licensors.

It is strictly prohibited to use any of our trademarks, commercial names, or other distinguishing marks, including the website. Any such unauthorized use will result in immediate legal action.

3.2 Accessing our website and Services does not grant you intellectual property rights. You are not allowed to copy, modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, represent any part of our website, or in any way exploit any of the Content, whether in whole or in part, without our prior written consent. If you violate any of these Terms and Conditions. In that case, your permission to use the Content is automatically terminated, and you must immediately destroy any copies you have made of any portion of the Content. Failure to comply with this rule will result in the creation of civil and criminal liability against you, immediate legal action against you or any other appropriate action we deem necessary.

4. Affiliate Disclosure:

Some of the products on our website may be affiliate-based, for which We will make a small commission from the sale of certain items. Please note that these affiliate relationships do not influence our content or reviews on our website. We proudly stand by the views and opinions expressed on our website. If we, as experts in a specific topic or product area, review, recommend or offer a product on our website, based on our honest and expert analysis, those products or services align with our values and goals and deserve such endorsement. Any claim, statistic, quote or other representation about a product should be verified directly with the manufacturer or provider. Unless otherwise stated, we are not compensated for our reviews on products and services. If compensation or conversion rates are involved, they do not influence our opinion of the product or service, including how we rate or rank it.

5. HIPAA Notice

THE COMPANY IS NOT A COVERED ENTITY FOR PURPOSES OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), NOR IS THE INFORMATION PROVIDED BY YOU TO US CONSIDERED PROTECTED HEALTH INFORMATION UNDER HIPAA. AS SUCH, THE ADDITIONAL PRIVACY AND SECURITY PROTECTIONS AFFORDED TO CONSUMERS/PATIENTS UNDER HIPAA ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THE AGREEMENT.

We understand that your personal information is important to you, and we want you to know that we take the privacy and security of your information very seriously. Our team has implemented appropriate measures to ensure your personal information is safe and secure. To provide our services, we may need to collect your personal information, such as your name, email address, and other contact details. We assure you that this information is only used to provide our services and is not shared with any third parties except as required by law or to provide necessary support.

Even though we are not required to comply with HIPAA, we are committed to complying with all applicable laws and regulations related to the privacy and security of personal information. We have implemented physical, technical, and administrative measures to protect your personal information against unauthorized access, disclosure, alteration, or destruction. We value your trust and want to be transparent with you about how we protect your personal information. If you want to learn more, please refer to our Privacy Policy.

6. Medical Disclaimer:

The information on our website is provided for informational and educational purposes only and does not substitute (nor is it intended to substitute) for professional medical advice, diagnosis, or treatment. The exercises may contain only a portion of information relevant to your circumstances and are simply examples of exercises used as a part of a custom and comprehensive home exercise program designed by a physician or other qualified healthcare provider. You should always seek the advice of a qualified healthcare provider before beginning any exercise or treatment program. You should only use this information and the products provided in conjunction with the guidance and care of your physician or other qualified healthcare provider. Please consult your physician before taking any supplements from our website. Always seek the advice of your physician or other qualified healthcare provider if you have any questions regarding your health or medical condition.

We are not liable for any injuries or damages from using our products or services. Using any treatment or advice on our website is solely at your own risk. While our products and services may be helpful for some people, there is no guarantee that they will be effective for every individual, and results may vary.

IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CONTACT YOUR DOCTOR OR CALL 911 IMMEDIATELY.

7. Product Information Disclaimer

Our website's information about our products is only meant for United States and Canadian residents. Also, our website and its links may include information about products unavailable in certain countries, territories, or regions (including the United States and Canada). However, they may be available under different trademarks in other countries.

Please note that the products advertised on our website have yet to be approved or cleared by a government regulatory body. Therefore, you are advised not to consider anything on the Website as a promotion or solicitation for any product or service that is not authorized by the laws and regulations of the country where you are located, including the United States and Canada. Compliance with local laws regarding using any product or service is critical.

8. Orders and Billing

As consideration for the products or services you order from our website, you agree to pay for your order on our website. Our site accepts payment via credit card or other electronic payment methods. Please note that a third-party payment processor may handle Payment processing. By providing your payment information, you authorize us and our payment processor to charge the amounts listed as prices, including any applicable taxes.

Payments will appear on your credit card statement as “CLICKBANK” or “CLKBANK”.

Please note that you are responsible for any fees or charges your bank or payment provider may impose. Feel free to contact your bank or payment provider with questions about these fees or the exchange rate applied. In the event of a payment dispute, please contact us at

[email protected] or call +1 800-213-3485 (toll-free in the USA and Canada) to resolve the issue.

9. Cancellation & Refunds

Our company's foundation is built upon ensuring our clients' satisfaction. In case of any conflicts, we strive to resolve the issue economically and benevolently as soon as possible. Kindly refer to our Refund and Cancellation policies to familiarize yourself with the terms governing cancellations and refunds.

10. General Prohibitions

While using our website, you must agree not to engage in the following activities:

  1. Please refrain from posting, publishing or transmitting any false or misleading content, defamatory, invading someone's privacy, or obscene, pornographic or offensive. Additionally, content that promotes bigotry, racism, hatred or harm against any individual or group, infringes on someone's rights, including intellectual property rights, or violates any applicable law or regulation is strictly prohibited. Any such content can lead to civil or criminal liability and should be avoided.
  2. Do not attempt to access, modify, or use non-public areas of our website, computer systems, or technical delivery systems.
  3. Do not attempt to probe, scan, or test any system or network, nor try to breach any security or authentication measures.
  4. Do not use engines, software, tools, agents, devices, or mechanisms to access or search our website or content other than those we provide or other generally available third-party web browsers.
  5. Do not send unsolicited emails, junk mail, spam or chain letters, or any promotional advertising for products or services.
  6. Do not alter any part of the header information in electronic communication or postings or use our website to send false source-identifying information.
  7. Do not attempt to decrypt, decompile, disassemble or reverse engineer any software used for our or its content.
  8. Do not interfere with the access of any user, host, or network. This includes sending viruses, overloading, flooding, spamming, or mail-bombing our website.
  9. Do not collect or harvest personally identifiable information from our website, including account names, email addresses, or other contact information.
  10. Do not share any content that violates the intellectual property rights of others.
  11. Do not impersonate or misrepresent your affiliation with any person or entity.
  12. xii. Do not use our website or content in any way that violates any applicable law, statute, ordinance or regulation (including but not limited to those on consumer protection, unfair competition, anti-discrimination, false advertising or export control).

11. Consent to Electronic Communications:

By using our website, you consent to receive electronic communications from us. These communications may include notices about your account and information related to our website. You agree that any electronic communication sent by us will satisfy the legal communication requirements of any jurisdiction. You are responsible for paying all fees charged by your telecommunications service provider or any other service provider related to your use of our website or access to any information within our website. These fees include any SMS/text messaging and data usage.

You warrant that you are the owner or authorized user of the mobile phone number you provided. You agree that you will notify us immediately if you are no longer the owner or authorized user of the mobile number.

12. Third-Party Websites

12.1 Inbound Links

Under no circumstances may you establish a link to our website, including but not limited to deep linking, without our express written consent.

12.2 External Links

Please note that our website may include links to web pages we do not operate, and different terms of use may apply. We have no control over any third-party websites, nor do we own, manage, supervise, or endorse them in any way. Therefore, we are not responsible for any content or activity on these sites. Please note that we cannot be held accountable for the privacy practices or content of any third-party websites you may link to from our site. Understanding that using these third-party websites is entirely at your own risk is essential. Once you click on a link to another site, you will be subject to that website's policies and terms of use. We recommend reviewing the Privacy Statement of any third-party website before entering any personal information to ensure your safety while browsing.

13. Maintenance and Updates

From time to time and without notice, we may update our website for many reasons, including but not limited to

(a) to maintain compliance,

(b) to fix bugs or problems in previous and present versions and

(c) to enhance functionality or features.

Please note that we cannot guarantee that updates to our website will not impact your use or introduce new, unknown bugs. Furthermore, we cannot be held responsible for any adverse consequences arising from code updates that we do not provide. Any costs or efforts required to restore functionality will be your responsibility.

14. Submissions

By using this site, you agree that any content, remarks, suggestions, ideas, graphics, or other information you share with our Company (hereinafter known as the "Submission") will become the property of our Company. You grant our Company a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the Submission in any form, media, or technology now known or later developed. Our Company may use the Submission for business purposes without incurring any liability for royalties or other considerations. Our Company will not be required to keep the Submission confidential and may use it freely without any liability due to any similarities that may appear in future Company operations. When you submit personal information on this site, our Company will handle it following our Privacy Policy.

15. Marketing

At Healing Through Movement, we ensure our website users have the best experience possible. Please be assured that any information we collect is used exclusively to improve your experience on our website and to personalize our marketing efforts to suit your preferences better. When you use our website, you agree to allow us to use analytics services and gather your information per the terms stipulated in our Privacy Policy. We take your privacy seriously and will always make reasonable efforts to comply with the relevant laws and regulations governing data collection and usage.

15.1 Email Marketing: We value our customers and want to inform them about special offers and promotions. By opting in during the ordering process, you will receive up to five daily promotional emails from us. You can easily unsubscribe from these emails anytime by clicking the "unsubscribe" link at the bottom of the email or by following the instructions provided in the email. We will use your email address solely to send promotional emails.

Your email will never be shared or sold to third parties without your consent. We are committed to complying with data privacy and email marketing laws, including the CAN-SPAM Act of 2003 and the CASL, and we ensure compliance with these laws. Please be aware that although we aim not to send out excessive promotional emails, we have revised our policy to specify the maximum number of emails you may receive per day if you opt-in for our promotional emails. We carefully design our email marketing campaigns to keep you informed about our latest products and services, and we always strive to ensure they are transparent, fair, and compliant with all applicable laws and regulations.

15.2 SMS Marketing: Our Company values our customers highly and strives to offer them the best possible service. As part of this commitment, we may send promotional text messages to customers who have opted in during their order process. We understand the importance of respecting your privacy and obtaining your consent, so we will only send promotional messages to customers who have agreed to receive them. Please note that we will only send up to 5 weekly SMS promotional messages.

We may send SMS messages for after-sales support to provide the best possible service. These may include updates on orders, delivery notifications, and other important information related to your purchase. You consent to use your phone number by agreeing to receive these messages.

Please be informed that customers might receive up to five follow-up text messages within 14 days, depending on the number of products purchased. If you do not wish to receive any promotional text messages, you can respond with the word "STOP" to the message or contact us directly. We emphasize complying with all applicable laws and regulations, including the Telephone Consumer Protection Act (TCPA) and other laws governing text message marketing. We designed our marketing practices to be transparent, equitable, and compliant with all applicable legal requirements. We take all necessary steps to ensure our SMS marketing campaigns meet all legal requirements. Don't hesitate to contact us with any questions or concerns regarding our SMS marketing practices.

16. Disclaimer of Warranties

The website and its components are provided "as is" without express or implied warranty. We cannot guarantee the accuracy of this website's information and description of services or products. We also disclaim all liability for any errors or inaccuracies relating to such information. Please note that you agree to use our website, content, and services at your own risk. We are not responsible for inaccurate information or guarantee the quality of any product or service obtained from third parties with whom we have an affiliate relationship. Limitations on implied warranties may apply in some jurisdictions.

As our website operates over a medium outside of our control and jurisdiction, we cannot be held liable for any delay, failure, interruption, or corruption of data or information transmitted during the use of our website. To the maximum extent permitted by law, Healing Through Movement, its licensors, and its suppliers deny all warranties, whether express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third-party rights, and fitness for a particular purpose. Healing Through Movement, its licensors, and its suppliers do not guarantee the accuracy, reliability, completeness, or timeliness of the content, software, text, graphics, links, or communications provided on or through our website.

17. Liability

We, along with our licensors, suppliers, and any third parties mentioned on our website, cannot be held responsible for any damages, including but not limited to incidental and consequential damages, personal injury or wrongful death, lost profits, or damages resulting from lost data or business interruption." This clause applies whether or not we are advised of the possibility of such damages and whether the claim is based on warranty, contract, tort, or any other legal theory. Please note that the use or inability to use our website or the content is at your own risk.

We are not liable for any personal injury, including death, caused by your use or misuse of our website or content. Please note that you must bring any claims arising in connection with your use of the Website or any Content within one (1) year of the date of the event giving rise to how such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

18. Children

Our website and its associated products are for use by individuals at least 18 years old or who have reached the age of majority in their respective jurisdiction. By accessing this website, you confirm that you are at least 18 years old or have attained the age of majority and agree to provide accurate and complete information when prompted. We reserve the right to refuse any order at our sole discretion without explanation.

19. International Users:

We do not represent that the information on our website is appropriate or available for use in locations outside of the United States and Canada. Accessing our website from territories where content may be illegal or inappropriate is prohibited. Those who access the website from other locations do so at their initiative and are solely responsible for compliance with local laws and regulations, including intellectual property rights.

20. Export Laws

The website is subject to export controls and economic sanctions laws in the U.S. and Canada. You represent and warrant that:

  1. You are not located in, or a national or resident of, any country under an embargo by the United States, United Kingdom, European Union, Australia or Canada for goods and services of the same type as on our website. These countries include, but are not limited to, Cuba, Iran, North Korea, Sudan, and Syria.
  2. You, as an individual or entity, are not owned, controlled, or affiliated with any person or entity that appears on any of the following lists:
    1. the U.S. Office of Foreign Assets Control's Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List;
    2. the U.S. Department of State's Terrorist Exclusion List;
    3. the Bureau of Industry and Security's Denied Persons, Entity or Unverified List;
    4. the Consolidated List of Targets published by the U.K. H.M. Treasury;
    5. the Consolidated List published by the A.U. Department of Foreign Affairs and Trade;
    6. any other country's sanctions list; or
    7. entities that are engaged in the design, development, or production of nuclear, biological, or chemical weapons, missiles, or uncrewed aerial vehicles.
  3. You will not export, re-export, transfer, or otherwise distribute the website, directly or indirectly, to any person, entity, or destination prohibited by the export control or economic sanctions laws and regulations of the United States, Canada, or any other applicable jurisdiction;
  4. You will not use our website for any purposes prohibited by the export control or economic sanctions laws and regulations of the United States, Canada, or any other applicable jurisdiction.
  5. You will comply with all applicable export control and economic sanctions laws and regulations of the United States, Canada, or any other applicable jurisdiction.
  6. You will obtain all licenses, permits, or authorizations required under applicable export control and economic sanctions laws and regulations before exporting, re-exporting, transferring, or distributing our website.
  7. You will provide all necessary information, documents, or certifications requested by us to verify your compliance with this provision or applicable export control and economic sanctions laws and regulations.

Please note that by using our website, you agree to take full responsibility for complying with all relevant export control and economic sanctions laws and regulations. Any violation of such laws and regulations may result in serious legal consequences, including fines, imprisonment, and the forfeiture of assets.

21. Governing Law & Jurisdiction

These Terms and Conditions will be governed by the laws of the Province of British Columbia, Canada, without regard to its conflict of laws principles. Both parties agree to abide by the Arbitration and Actions Section mentioned below. They also agree to waive any objections based upon venue and submit to the jurisdiction of the Province of British Columbia courts. The United Nations Convention on Contracts for the International Sale of Goods does not govern these Terms and Conditions.

22. Arbitration and Actions

Unless prohibited by applicable law, any disagreement, claim or dispute arising from or related to these Terms and Conditions, your use of the website or the relationship resulting from these Terms and Conditions (including, but not limited to, the execution, breach, enforcement, existence or validity of the matters provided in these Terms and Conditions) that both parties (“You” and “Us”) cannot resolve amicably, will be resolved through private and confidential binding arbitration in Kelowna, British Columbia. The arbitration will be conducted in English and governed by British Columbia law under the Arbitration Act, 1991 (British Columbia) or its amendments. A single arbitrator will preside over the arbitration to the exclusion of the courts.

The arbitrator must be an independent legal professional with experience in the Canadian information technology industry. You agree that You will resolve any claim that you may have against us through an individual arbitration process. This preceding statement means that You cannot combine your claim with any claim, controversy, or dispute that any other party may have. You agree to give up any right you may have to start or participate in a class action lawsuit against us regarding any such claim.

Also, where applicable, you agree to opt out of any class proceedings against us. Notwithstanding the preceding, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

23. No Class Actions

To use our website and purchase our products, you must agree to resolve any disputes with us individually. You cannot bring a claim against us as part of a class arbitration, class action, private attorney general action, or consolidation with other arbitrations. This condition is necessary for all users to use our website or services. You, as a result of this, consent to this condition.

24. Waiver of Jury Trial

You acknowledge that, to the fullest extent permitted by law, you are waiving your right to a trial by jury for any claims or issues that arise with these Terms of Service, including any breaches or fraudulent inducement claims. This waiver applies to both contract and tort claims. You acknowledge that if any of the provisions of this paragraph are currently unenforceable under applicable law, both parties intend for this paragraph to apply in the event such provisions later become enforceable under such law. This provision will remain in full force and effect regardless of any termination of your use of our website.

25. Contact Information:

If you have any questions or concerns about these Terms and Conditions or the Associated Agreements, please contact -

Healing Through Movement:
Email: [email protected]
Address: 19567 Fraser Hwy 199, Surrey, British Columbia, V3S 9A4, Canada
By Phone & SMS: +1 800-213-3485 (toll-free in the USA and Canada)

26. General Provisions:

Return and Refund Policy

We provide a 100% satisfaction guarantee, or you can receive a full refund. If you are unsatisfied with our product, you can request a refund without any questions within 60 days of the order date. We may deny a refund if we suspect fraud or a violation of our terms.

Refund Request procedures:

  1. Please contact our Support Team before you return anything. You can call/send us an SMS or email us at +1 (800)-213-3485 or [email protected] describing the issue, including the reason for returning the item, your order number, and what product you ordered. Please include your name and email address.
  2. For physical products:
    1. Our Customer Service Team will provide you with our return address.
    2. Include your Healing Through Movement order number and the full name of the product you purchased ("Return Information") on the outside of the return package. We will only provide refunds if the Return Information is complete.
    3. Please note that You are responsible for the costs of returning any physical product and must use a shipping method with delivery or signature confirmation for the returned product. The product must be returned and received by us within 15 business days of requesting a refund.
    4. Please allow 7-14 business days for the refund of physical products to be processed after our Returns Department has received the request or the returned package. We will only issue the refund to the credit card or payment method You used to place the order. Please note that only the product cost can be refunded, as shipping and handling fees are non-refundable.

Contact Us

Healing Through Movement:
Email: [email protected]
Address: Healing Through Movement
19567 Fraser Hwy 199, Surrey, British Columbia, V3S 9A4, Canada
By Phone: +1 (800)-213-3485 (toll-free in the USA and Canada)

Make sure to visit our website: https://healingthroughmovement.com/