Terms of Services
Last Updated: January 04, 2023
To use our services, you must accept all of the terms of this Agreement.
We have the right to change or add to the terms of this Agreement at any time by posting the amended Terms on PERFORMANCE HEALTH’s websites and/or mobile applications. Any use of our services after our publication of any such changes shall constitute your acceptance of the Terms as modified.
Terms Governing Use of the Site and Services
This site is not an emergency-response or emergency-monitoring service and any person who is aware of an emergency situation or believes that a person may be at risk of injury or death or who may harm themselves or another person should dial “911” or an appropriate emergency responder. PERFORMANCE HEALTH is under no obligation to monitor or respond to communications made to this site.
This Site and the Services are intended and only suitable for individuals 18 years of age and above. Some of the content on this Site may not be appropriate for children. Children under the age of 13 are not permitted to use this Site. We strongly recommend that children between the ages of 13 and 17 ask their parent’s or guardian’s permission before viewing the Site. PERFORMANCE HEALTH hereby disclaims all liability for use by individuals under the age of 18.
You may use this Site only to the extent that you obey all laws, rules, and regulations applicable to your use of this Site.
If you wish to purchase products or services described or linked to on the Site (each such purchase, a “Transaction”), PERFORMANCE HEALTH or the third-party provider of the product or service will request certain information from you that is applicable to your Transaction, including, without limitation, credit card and other payment and shipping information.
Descriptions or images of, or references to, products or services on the Site do not imply PERFORMANCE HEALTH’s endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, to limit the order quantity on any product or service and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to PERFORMANCE HEALTH’s acceptance of any order. Price and availability of any product or service are subject to change without notice. PERFORMANCE HEALTH is not responsible for errors in the prices or descriptions of any product or service. Refunds and exchanges shall be subject to PERFORMANCE HEALTH’s and/or any applicable third party’s refund and exchange policies in effect at the time of the applicable Transaction. Current rates for any product or service available through the Site may be obtained by sending an email to firstname.lastname@example.org
This Site is owned and operated by PERFORMANCE HEALTH The entire contents and design of the site are protected by U.S. and international copyright law. All rights regarding the Site and materials contained on the Site are either owned by PERFORMANCE HEALTH, are licensed to it, or are used with permission. PERFORMANCE HEALTH and its licensors retain and reserve all proprietary rights to the contents of this Site.
You may not copy, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from PERFORMANCE HEALTH You may link to, view, download, use, display and print a single copy of the materials found on this Site only for personal, noncommercial, and informational purposes as long as: (1) you do not alter or modify the materials in any way; (2) you include all applicable copyright, trademark and other notices and disclaimers; and (3) you do not use the materials in a way that suggests an association with PERFORMANCE HEALTH or an affiliated entity.
All such copies must include, at a minimum, the following copyright notice: “Copyright © [current year] PERFORMANCE HEALTH All rights reserved.” Any other use of the Site or the information contained here is strictly prohibited. PERFORMANCE HEALTH may terminate the above license at any time for any reason. If you breach any of these terms your license terminates immediately and automatically and without notice. Upon the termination of this license, you must stop using this site, including all content, and return or destroy all copies, including electronic copies, of the content in your possession or control.
PERFORMANCE HEALTH names and logos and all related product and service names, design marks, and slogans are the trademarks or service marks of PERFORMANCE HEALTH All rights are reserved. You are not authorized to use any PERFORMANCE HEALTH name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of PERFORMANCE HEALTH. All other trademarks appearing on the Site are the property of their respective owners.
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Representation and Warranties
You represent and warrant to us that: (a) you are at least eighteen (18) years of age, and (b) your use of this Site will be in compliance with these Terms.
Use of this site is at your own risk. to the maximum extent permitted by applicable law, the site and services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. no advice or information, whether oral or written, obtained by you from PERFORMANCE HEALTH or through this site will create any warranty not expressly stated herein. without limiting the foregoing, PERFORMANCE HEALTH, its processors, its providers, its licensors (and their respective subsidiaries, affiliates, agents, directors, and employees) do not warrant that the content is accurate, reliable or correct; that this site will meet your requirements; that this site will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that this site is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of this site is downloaded at your own risk and you will be solely responsible for any damage to your property or loss of data that results from such download.
PERFORMANCE HEALTH does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through this site or any hyperlinked website or service, or featured in any banner or other advertising, and PERFORMANCE HEALTH will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
By visiting this site, you agree to indemnify, defend, and hold harmless PERFORMANCE HEALTH, and any affiliated PERFORMANCE HEALTH entity, its officers, directors, employees, contractors, agents, and representatives (collectively “PERFORMANCE HEALTH parties”) from and against all claims, actions, demands, liabilities, judgments, settlements, costs, losses, damages, tax assessments, penalties, interest and expenses (including, without limitation, reasonable attorneys’ fees) arising out of any direct, indirect, incidental, consequential, special, exemplary, punitive or any other claim you may incur in connection with your use of this site, including, without limitation, any claims for defamation, violation of publicity or privacy, copyright or trademark infringement resulting from your submissions of any content, tagged content or other materials, any economic harm, lost profits, damages to business, data or computer systems, or any damages resulting from reliance on any content or resulting from any interruptions, work stoppages, computer failures, deletion of files, errors, omissions, inaccuracies, defects, viruses, delays or mistakes of any kind, even if you have previously advised PERFORMANCE HEALTH of the possibility of such claim.
Limitation of Liability and Damages
The user’s sole remedy for dissatisfaction with the site and any of its service is to stop using the site or service.
You agree that under no circumstance shall any of PERFORMANCE HEALTH parties be liable for any damage resulting from your use or inability to use this site or the materials on this site. This protection covers claims based on warranty, contract, tort, strict liability, and any other legal theory. this protection covers all losses and claims of any type including, without limitation, direct or indirect, special, incidental, reliance, consequential, exemplary, and punitive damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption.
Information provided on PERFORMANCE HEALTH’s digital and mobile presence is not targeted to users in any particular locality nor is it intended to constitute the doing of business in any jurisdiction.
This website is a service provided by PERFORMANCE HEALTH and does not constitute any contact with any jurisdiction outside of the state or states in which the business is located. Use of this website is prohibited in any jurisdiction having laws that would void this Agreement in whole or essential part or which makes accessing the Site illegal. Users in such jurisdictions visit and use this Site entirely at their own risk.
Note: the essential parts of this Agreement include, without limitation, the exclusive venue and exclusive remedy provisions and the warranty disclaimers.
This Agreement is entered into and performed in the state or states in which the business is located. It is governed by and shall be construed under the laws of that state, exclusive of any choice of law or conflict of law provisions.
Requests for Information
Links to Other Websites
PERFORMANCE HEALTH’s Site may contain links to third party websites as a convenience to you. The inclusion of any website link does imply an approval, endorsement, or recommendation by PERFORMANCE HEALTH You agree that you access any such website at your own risk, and that the site is not governed by the terms and conditions contained in these Terms. PERFORMANCE HEALTH expressly disclaims any liability for these websites.
Contact Information for Mobile Alerts
You represent that you are the account holder or you have the account holder’s permission to enter Your Mobile Number in the PERFORMANCE HEALTH Alerts Service and that you will not initiate messages to the mobile phone of any other person or entity. You agree to maintain accurate, complete, and up-to-date information with the provider regarding your use of the Service, including that you agree to advise us immediately if you cease being the subscriber or regular user of Your Mobile Number.
Disclaimer of Warranties
To the extent permitted by law, we make no representations or warranties regarding the service, applications or content that you receive from us, and disclaim any warranties or representations, express or implied, including any warranties of merchantability or fitness for a particular use. This service offered to the public by provider could include inaccuracies, other errors or may not function in the manner you anticipated. Furthermore, we are not responsible for circumstances beyond our control, including, without limitation, acts or omissions of others, atmospheric conditions or acts of God. We do not promise error-free service. We will not be liable for any delays in the receipt of any sms messages as delivery is subject to the effective transmission from your network operator.
Limitation of Liability
We are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.
Except as otherwise stated herein, your use of our services under this Agreement is governed by the laws of the state or states in which PERFORMANCE HEALTH resides, as applicable.
Except as expressly provided in these Terms, these terms are a complete statement of the agreement between you and PERFORMANCE HEALTH, and they describe the entire liability of PERFORMANCE HEALTH and its vendors and suppliers and your exclusive remedy with respect to your access and use of this website and the provided services.
In the event of a conflict between these Terms and any other PERFORMANCE HEALTH agreement or policy, these Terms shall prevail on the subject matter of this Agreement. If any provision of these Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. Headings are included for convenience only, and shall not be considered in interpreting these Terms. These Terms do not limit any rights that PERFORMANCE HEALTH may have under trade secret, copyright, patent, or other laws. PERFORMANCE HEALTH’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
You may not assign any rights or obligations under this Agreement without PERFORMANCE HEALTH’s prior written consent. PERFORMANCE HEALTH may assign all or part of this Agreement.
You agree that we may provide any and all notices to you by email, telephone, fax, as well as by any other method.
If any of the provisions of this Agreement are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain its full force and effect.
Anything on the website, mobile, and digital platforms of PERFORMANCE HEALTH inconsistent or in conflict with the terms of this Agreement is superseded by the terms of this Agreement.
Please contact us with any questions or concerns regarding this Agreement at:
Add: 3027 Cabernet Drive, Helena, MT 59601
Phone: (406) 449-7500