Terms of Use & Privacy Policy


TERMS AND CONDITIONS

 


BY VISITING ORTHO-BIONOMY WITH TRACY, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.

OVERVIEW
The terms "we," "us," and "our" refer to Ortho-Bionomy With Tracy. The term the "Site" refers to www.Ortho-BionomyWithTracy.com. The terms "user," "you," and "your" refer to site visitors, customers, and any other users of the site.

This site offers Information, tips, techniques, access to schedule sessions and classes, blog posts, YouTube videos, descriptions of the modality, Ortho-Bionomy, massage and newsletters, (the "Service").

Use of www.Ortho-BionomyWithTracy.com including all materials presented herein and all online services provided by Ortho-Bionomy With Tracy, is subject to the following Terms and Conditions.  These Terms and Conditions apply to all site visitors, customers, and all other users of the site.  By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

USE OF THE SITE AND SERVICE
Information provided on the Site and in the Service related to Ortho-Bionomy and other information are subject to change.  Ortho-Bionomy with Tracy makes no representation or warranty that the information provided, regardless of its source (the "Content"), is accurate, complete, reliable, current or error-free.  Ortho-Bionomy With Tracy disclaims all liability for any inaccuracy, error, or incompleteness in the Content. You must be 13 years of age or older to use this site or request any information without parental permission.

ACCOUNT CREATION
In order to use the Service, you may be required to provide information about yourself including your name, email address, and other personal information.  You agree that any registration information you give to Ortho-Bionomy With Tracy will always be accurate, correct and up to date.  You must not impersonate someone else or provide account information or an email address other than your own.  Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

 

GATHERING OF INFORMATION

Any email submission on this site may be placed on a client mailing list and may receive periodic messages, newsletters and information. You may ask to be removed from these lists at any time. Requests for information on classes, newsletter, tips or specials are placed on email lists that are not sold or shared.

LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. You agree to use the Site for legitimate, non-commercial 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, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests.  We reserve the right to refuse service to any person or entity, without the obligation to assign reason for doing so.  We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

CANCELLATIONS, REFUNDS & RETURNS
Cancellations for sessions must be made at least 24 hours prior to scheduled session. If cancellation is not made within this time frame, full session fee may be due.  Classes have a non-refundable $100 deposit requirement to hold your space.  Deposits will be refunded only if class is cancelled by Ortho-Bionomy With Tracy or as otherwise posted on the Class page.
 

This site offers information, tips, techniques, classes, blog posts, YouTube videos, descriptions of the modality, Ortho-Bionomy, massage, and newsletters, (the "Service").   Checks returned for insufficient funds or other reasons will be subject to a returned check fee and may result in future services being paid in cash, and/or a cancellation of our business relationship. 


PRODUCT DESCRIPTION
We endeavor to describe and display the Service as accurately as possible.  While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free.  From time to time we may correct errors in pricing and descriptions, We reserve the right to refuse or cancel any order with an incorrect price listing.

MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively "Materials") protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission.  For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to Ortho-Bionomy with Tracy.  You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service.  Content you submit to Ortho-Bionomy with Tracy remains yours to the extent that you have any legal claims therein.  You agree to hold Ortho-Bionomy with Tracy harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material n the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.

OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Ortho-Bionomy With Tracy, including trademarks, copyrights, proprietary information, and other intellectual property. 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 or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

CHANGED TERMS
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. we reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time.  We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

LIMITATION OF LIABILITY
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.  ADDITIONALLY, ORTHO-BIONOMY WITH TRACY, 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 OR AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY, THE FOREGOING APPLIES EVEN IF ORTHO-BIONOMY WITH Tracy HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES.  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.  IN NO EVENT SHALL ORTHO-BIONOMY WITH TRACY'S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM ORTHO-BIONOMY WITH TRACY, AND IF NO PURCHASE HAS BEEN MADE BY YOU ORTHO-BIONOMY WITH TRACY'S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Ortho-Bionomy With Tracy.  You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION
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, attorney's 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.


EFFECT OF HEADINGS
The subject headings of the paragraphs and sub-paragraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between between you and Ortho-Bionomy with Tracy pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us.  No waiver of any of the provisions of this Agreement by Ortho-Bionomy With Tracy 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 Ortho-Bionomy with Tracy.

NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Ortho-Bionomy With Tracy, PO Box 1866, Georgetown, TX 78627

GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Texas as applied to contracts that are executed and performed entirely in Texas.  The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Williamson County, Texas.  The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of the CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree.  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.

RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the parties' successors and assigns.  These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you.  any transfer, assignment, delegation or sublicense by you is invalid.

 

Affiliate Links Disclaimer

Some of the links contained in this website are affiliate links.  This means that I may receive a commission if you click on the link and make a purchase from the affiliate.  I only recommend products that I know or trust to be of high quality, whether an affiliate relationship is in place or not.


Updated: March 2019

Privacy Policy.

PRIVACY POLICY
BY VISITING ORTHO-BIONOMY WITH TRACY, YOU ARE CONSENTING TO OUR PRIVACY POLICY.

OVERVIEW
ORTHO-BIONOMY WITH TRACY is committed to protecting your privacy online. This Privacy Policy describes the personal information we collect through this website at www.Ortho-BionomyWithTracy.com  (the "SITE"), and how we collect and use that information.

The terms "we," "us," and "our" refers to Ortho-Bionomy with Tracy.  The terms "user," 'you," and "your" refer to site visitors, customers, and any other users of the site.

The term "personal information" is defined as information that you voluntarily provide to us that personally identifies you and/or your contact information, such as your name, phone number, and email address.

This site offers Information, tips, techniques, classes, blog posts, YouTube videos, descriptions of the modality, Ortho-Bionomy, massage, and newsletters, (the "Service").

Use of Ortho-Bionomy with Tracy, including all materials presented herein and all online services provided by Ortho-Bionomy with Tracy, is subject to the following Privacy Policy.  This Privacy Policy applies to all site visitors, customers, and all other users of the site.  By using the Site or Service, you agree to this Privacy Policy, without modification, and acknowledge reading it. You must be 13 years of age or older to use this site or request information without parental permission.

Information we collect
This Site only collects the personal information you voluntarily provide to us, which may include:
* Email addresses and First and Last Name in order to subscribe visitors to our newsletters, register you for classes or sessions you have requested, or to send you information you have requested from this site. We may also collect your phone number to confirm or cancel sessions.

The information you provide is used to process transactions, send periodic emails and improve the service we provide.

We do share your information with trusted third parties who assist us in operating our website, conducting our business and servicing clients and visitors.  These trusted third parties agree to keep this information confidential.  Your personal information will never be shared with unrelated third parties. The third party we currently share information with is Full Slate, who provides our on-line scheduling system.

ACTIVITY
We may record information relating to your use of the Site, such as the searches you undertake, the pages you view, your browser type, IP address, requested URL, referring URL, and time-stamp information.  We use this type of information to administer the Site and provide the highest possible level of service to you.  We also use this information in the aggregate to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the Site. 

COOKIES
We may send cookies to your computer in order to uniquely identify your browser and improve the quality of our service. The term "cookies" refers to small pieces of information that a website sends to your computer's hard drive while you are viewing the Site.  We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them.)  You have the ability to accept or decline cookies using your web browser settings. If you choose to disable cookies, some areas of the Site may not work properly or at all.

THIRD PARTY LINKS
The Site may contain links to third party websites. Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you on our Site. Other sites accessible through our site via links or otherwise have their own policies in regard to privacy. We are not responsible for the privacy policies or practices of third parties.

SECURITY
We maintain security measures to protect your personal information from unauthorized access, misuse, or disclosure. However, no exchange of data over the Internet can be guaranteed as 100% secure. While we make every effort to protect your personal information shared with us through our Site, you acknowledge that the personal information you voluntarily share with us through this Site could be accessed or tampered with by a third party. You agree that we are not responsible for any intercepted information shared through our Site without our knowledge or permission.  Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner.

UPDATING YOUR INFORMATION
You may access and correct your personal information and privacy preferences by contacting us via email at orthowithtracy@gmail.com

CHANGES TO THIS POLICY
You acknowledge and agree that it is your responsibility to review this Site and this Policy periodically and to be aware of any modifications. We will notify you of any changes to this privacy policy by posting those changes on this page.

CONTACT
If you have questions about our privacy policy, please email me at: orthowithtracy@gmail.com

 

Updated:  March 2019

 

Ortho-Bionomy with Tracy      PO Box 1866, Georgetown, TX 78627       512-869-0509      OrthoWithTracy@gmail.com

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