These Terms of Service were last updated April 6, 2021. We invite our subscribers to enjoy all the features this site has to offer. But we must require that each subscriber abide by certain rules so that no one's rights are stepped on. Below are the "Plain English" Terms of Service and rules of conduct. For the benefit of the lawyers, read further to find the legalese. Failure to abide by these rules can result in immediate termination of access to this site, without refund or recourse.
Terms of Service
Do not share your logon passwords and user names. Our system is designed to detect this immediately, and suspend any account where more than one person signs on using the same username and password.
Do not reprint, republish, repost, or otherwise distribute or transmit content or images presented on this site. Downloading is easy, but just because you may be able to copy our content doesn't mean you own it. Unauthorized use of or copying of our content, trademarks, and other proprietary material can subject you to civil or even criminal liability. Please don't violate our copyright.
No advertising, trading of goods or services, or other commercial use is allowed except in classified ad forums. No bulk e-mail, junk mail or spam, chain letters, or repeat postings of the same message is permitted anywhere on the forums.
Please use your own name when posting to the discussion forums. Do not impersonate anyone else.
Treat other subscribers with courtesy and respect when posting messages to the discussion groups. No unnecessary name calling or abuse toward any subscriber is allowed.
Please avoid shouting (using all capital letters) in the discussion forums. Do not use vulgarity, obscenity, profanity, ethnic slurs, hate speech, or sexually explicit language, or harass, abuse, or threaten other subscribers in the discussion forums. Do not libel or defame others. This site strongly disapproves flaming.
When you post content in the discussion forums, you permit this site to display and distribute the content, and to use it for advertising and promotion. You grant to this site the complete, perpetual, but non-exclusive right to use, reproduce, modify, adapt, translate, distribute, sub-license, etc. the content in whole or in part, throughout the world and universe, on a royalty-free basis. We do not try to edit or to monitor messages posted on the discussion forums, but we reserve the right to edit or remove objectionable postings. The person posting a message is solely responsible for it, not this site. Violators may be permanently banned from using the forums, or even have their subscriptions terminated.
As good as it is, Fix Your Own Back is an online service, and does not substitute from an evaluation by your doctor. Information and Services you receive on Fix Your Own Back are not to be considered personalized healthcare recommendations.
IMPORTANT: If you choose to accept this Agreement, you must do so as it is presented to you – no changes (additions or deletions) will be accepted by FIX YOUR OWN SYSTEMS. If any future changes are unacceptable to you, you should discontinue using FixYourOwnBack.com. Your continued use of FixYourOwnBack.com now, or following the posting of any such changes, will indicate your acceptance of this Agreement, and of any such changes.
Defined TermsThe following are defined terms as used herein:
- "Services" include access to FixYourOwnBack.com content for the purpose of guidance and clarification for rehabilitative prescriptions and exercise recommendations.
- "Fee Based Service" refers to fees paid by subscribing individuals or organizations in order to access FixYourOwnBack.com.
- "Printed Materials" includes and is not limited to subscribing organization exercise handouts and copies of exercise lists provided to subscribing individuals or organizations.
- "FIX YOUR OWN SYSTEMS Content" and "FixYourOwnBack.com Content" includes and is not limited to information, programming code, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials that are protected by © copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.
- "Your" and "You", whether capitalized or not, includes a subscribing individual, group, company or entity and their employees, agents, officers, directors, stockholders.
- "We" and "Us" includes FIX YOUR OWN SYSTEMS LLC, FixYourOwnBack.com.
- "End User" includes all individuals or organizations subscribing to FIX YOUR OWN SYSTEMS products.
- "User" includes a subscribing individual, group, company or entity and their employees, agents, officers, directors, stockholders.
Electronic Signature and Agreement Effective Date
By clicking "I Agree", you AGREE that you have read the End User License Agreement set out below and AGREE to be bound by all of its terms and conditions. The effective date of this Agreement shall be the date of acceptance by you of this Agreement as evidence by entering your electronic signature and clicking the "I Agree" button herein, or the date you actually use the Services, whichever occurs first. If you DO NOT AGREE with any provision contained in the End User License Agreement, do not click "AGREE" and you will not be permitted to access the FixYourOwnBack.com and FIX YOUR OWN SYSTEMS Content. This Agreement shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of Oregon, U.S.A., without giving effect to its conflicts of laws provisions or principles.
Not Medical Advice
The information on this website, including texts, graphics, images or other material, is for informational purposes only and may not be appropriate or applicable for your individual circumstances. This website does not provide medical, professional, or licensed advice and is not a substitute for consultation with a health care professional. You should seek medical advice from a qualified health care professional for any questions. Do not use this website for medical diagnosis or treatment. None of the content on this website represents or warrants that any particular device, procedure, or treatment is safe, appropriate or effective for you. To the extent that FIX YOUR OWN SYSTEMS and FixYourOwnBack.com provide any explicit or implied recommendation of any particular product or service, such recommendation is only a general recommendation that is not specific to any particular person or illness.
Your reliance on any information on this website is solely at your own risk. FIX YOUR OWN SYSTEMS makes no representation or warranty, express or implied, and assumes no responsibility or legal liability for the accuracy, completeness, timeliness or quality of any information on this website. We reserve the right to withdraw or amend this website, and material we provide on the website, in our sole discretion without notice.
Subject to the terms of this Agreement, FIX YOUR OWN SYSTEMS LLC grants User a nonexclusive, nontransferable license to access and use the FixYourOwnBack.com material for personal use only, without the right to sublicense such rights. Sharing, re-distribution or other multi-use arrangements wherein access codes to material at FixYourOwnBack.com are provided to other users who are not licensees of FixYourOwnBack.com is strictly prohibited unless prior authorization in writing is obtained from FIX YOUR OWN SYSTEMS LLC. Failure to abide by these restrictions may result in immediate loss of access to FIX YOUR OWN SYSTEMS and FixYourOwnBack.com material with no option for reimbursement of lost fees. Any updates, modifications, enhancements or new versions of the FixYourOwnBack.com Content and Services provided are made available to User by FIX YOUR OWN SYSTEMS LLC in accordance with this Agreement, and shall be considered FIX YOUR OWN SYSTEMS Content and Services subject to this Agreement. FIX YOUR OWN SYSTEMS may at any time and for any reason elect to modify, discontinue, delete or restrict any aspect or feature of the FixYourOwnBack.com Content and Services without notice to User or any liability to FIX YOUR OWN SYSTEMS LLC or any FIX YOUR OWN SYSTEMS Party; however, FIX YOUR OWN SYSTEMS agrees to make commercially reasonable efforts to provide User with prior notice of any such changes.
You may not use, or permit others to use, the FixYourOwnBack.com Content exceptunder the terms expressly listed above.
Without limiting the previous sentence, you shall not, and shall not permit anyone else to: (a) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the FixYourOwnBack.com Content; (b) copy the FIX YOUR OWN SYSTEMS Content (except as permitted above); (c) rent, lease, sell, offer to sell, distribute, or otherwise transfer rights to the FIX YOUR OWN SYSTEMS Content; (d) develop, sell or distribute applications that integrate with the FIX YOUR OWN SYSTEMS Content or otherwise make use of the data; or (e) remove any proprietary notices or labels on or relating to the FIX YOUR OWN SYSTEMS Content. In addition, you must satisfy such computer and device requirements as we may specify to operate the database. We reserve the right to change those requirements, and the method by which you may obtain the FIX YOUR OWN SYSTEMS Content, from time to time. All right, title and interest in and to the FIX YOUR OWN SYSTEMS Content (including without limitation all intellectual property rights) shall remain in us and/or our licensors. Without limiting the foregoing, the FIX YOUR OWN SYSTEMS Content is protected by the copyright law of the United States and international copyright treaties, as well as other proprietary rights.
FIX YOUR OWN SYSTEMS HEREBY DISCLAIMS ALL WARRANTIES. FIX YOUR OWN SYSTEMS IS MAKING THE SITE AND FixYourOwnBack.com CONTENT AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, FIX YOUR OWN SYSTEMS CONTENT, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIX YOUR OWN SYSTEMS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND FIX YOUR OWN SYSTEMS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. FIX YOUR OWN SYSTEMS DOES NOT WARRANT THAT FixYourOwnBack.com CONTENT, THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF FixYourOwnBack.com CONTENT, THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. FIX YOUR OWN SYSTEMS makes no warranties or guarantees that the information contained herein is accurate or complete, and is not responsible for any errors or omissions therein, or for the results obtained from the use of such information. The information contained herein is not intended in any way to be used as medical advice or to replace medical advice offered by You or other health care professionals familiar with End User's condition. FIX YOUR OWN SYSTEMS, INC will not be liable for any direct, indirect, consequential, special, exemplary, or other damages arising therefrom. The methods of treatment may change as new information is available, and the information provided herein by FIX YOUR OWN SYSTEMS does not necessarily represent the most current practices or methods in physical rehabilitation.
FIX YOUR OWN SYSTEMS and our Services provide guidance and clarification for rehabilitation and exercise recommendations provided over the Internet and by Printed Materials, and are intended only for personal self-help consumption after user has had appropriate medical evaluation. FIX YOUR OWN SYSTEMS cannot give You or End User's medical advice or diagnosis conditions. The information and reports generated by Us are generated and provided to End User on Your behalf. If End User experiences any pain or exacerbation or has a change in medical condition, they should immediately seek appropriate medical attention.
Limitation of Liability
You expressly understand and agree that FIX YOUR OWN SYSTEMS shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from, (a) the use or the inability to use FixYourOwnBack.com (including, without limitation, the fee-based products); (b) the use of any FIX YOUR OWN SYSTEMS Content or other materials, including, without limitation, the fee-based products, materials on this website or any website or websites linked to this website, (c) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this website (including, without limitation, the fee-based products); (d) unauthorized access to or alteration of your transmissions or data; (e) statements or conduct of any third party on our website (including, without limitation, the fee-based products); or (f) any other matter relating to this website or FIX YOUR OWN SYSTEMS Content. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing or using FIX YOUR OWN SYSTEMS Content or this website. If you are dissatisfied with any portion of our website, or with any provision of this agreement, your sole and exclusive remedy is the discontinuation of your use of FIX YOUR OWN SYSTEMS Content and this website.
Registered and Licensed Users
In order for User to access and use the FIX YOUR OWN SYSTEMS Content and Services, User shall register with FIX YOUR OWN SYSTEMS, provide FIX YOUR OWN SYSTEMS with an email address, pay the license fee ("Fee") and obtain a unique password for accessing the FIX YOUR OWN SYSTEMS Content and Services ("Password"). The Fee shall be determined at the time of registration based on the subscription type and number of licensed users of the FIX YOUR OWN SYSTEMS Content and Services. FIX YOUR OWN SYSTEMS and User acknowledge and agree that FIX YOUR OWN SYSTEMS may obtain email addresses from Licensed Users upon their accessing and using the FIX YOUR OWN SYSTEMS Content and Services. User is responsible and wholly liable for all acts or omissions committed under User's Password and any and all passwords issued by User to Licensed Users.
User agrees that FIX YOUR OWN SYSTEMS, including any individual or entity contracted for maintenance, development or any other service required for operation of FIX YOUR OWN SYSTEMS, is permitted to access any information or data User inputs or provides while accessing or using the FIX YOUR OWN SYSTEMS Content and Services ("Data") and any reports or numeric results, and prior to User's submission of Data, reports and numeric results, for the sole purpose of ensuring proper access and use of the FIX YOUR OWN SYSTEMS Content and Services by User in accordance with this Agreement and to maintain and troubleshoot FIX YOUR OWN SYSTEMS Content and Services. Subject to the terms and conditions of this Agreement, FIX YOUR OWN SYSTEMS shall store and otherwise maintain Data, reports and numeric results, and FIX YOUR OWN SYSTEMS shall follow the same archival procedures for User's Data, reports and numeric results as FIX YOUR OWN SYSTEMS employs for its own data, as modified from time to time in FIX YOUR OWN SYSTEMS discretion. In the event of any loss or damage to User's Data, reports or numeric results, User's sole and exclusive remedy shall be for FIX YOUR OWN SYSTEMS to use commercially reasonable efforts to replace or restore the lost or damaged data from the latest backup of such Data, reports or numeric results which FIX YOUR OWN SYSTEMS has maintained in accordance with its standard archival procedures.
Hardware and Service Requirements
User is solely responsible for acquiring, servicing, maintaining, and updating all equipment, computers, software and communications services (such as long distance phone or DSL charges) not owned or operated by or on behalf of FIX YOUR OWN SYSTEMS, that allow User to access and use the FIX YOUR OWN SYSTEMS Content and Services, and for all expenses relating thereto (plus any applicable taxes). User agrees to access and use the FIX YOUR OWN SYSTEMS Content and Services in accordance with any and all operating instructions or procedures that may be issued by FIX YOUR OWN SYSTEMS, and amended by FIX YOUR OWN SYSTEMS from time to time. FIX YOUR OWN SYSTEMS and the FIX YOUR OWN SYSTEMS Parties do not make any commitments with respect to use or performance of the FIX YOUR OWN SYSTEMS Content and Services with browsers other Internet Explorer 11.0 or higher, FireFox 3.6.11 or higher, or Safari 2 for Apple Macintosh OS.
Desktop Program Minimum System Requirements
- Windows Vista Home, Business, or Ultimate: Pentium III 800 MHz or faster
- Windows XP SP2: Pentium III 500 MHz or faster
- 512 MB RAM — SVGA (1024×786) or higher resolution video adapter and display
- Ethernet or wireless network device
- Internet connection required for some features
- Macintosh computer with PowerPC G3 processor or faster, or Intel-based Macintosh computer
- 512 MB RAM
- Mac OS X version 10.6.0
- Ethernet or wireless network device
- Internet connection required for some features
- Updated free version of Adobe Flash available for download at adobe.com.
User understands and agrees that the operation and availability of the systems used for accessing and interacting with the FIX YOUR OWN SYSTEMS Content and Services, including, the public telephone, computer networks and the Internet or to transmit information, whether or not supplied by User or FIX YOUR OWN SYSTEMS, can be unpredictable and may, from time to time, interfere with or prevent the access to and/or the use or operation of the FIX YOUR OWN SYSTEMS Content and Services. FIX YOUR OWN SYSTEMS and the FIX YOUR OWN SYSTEMS Parties are not in any way responsible for any such interference with or prevention of User's access and/or use of the FIX YOUR OWN SYSTEMS Content and Services.
AccessIn order to access and use FixYourOwnBack.com, users must have access to the World Wide Web and must navigate the Internet to https://www.FixYourOwnBack.com or any other URLs associated with FIX YOUR OWN SYSTEMS.
Account User and Password
If you are a registered user or subscriber of FixYourOwnBack.com, you are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password. You are entirely responsible for any and all activities that occur under your user account. You agree to be financially responsible for all usage or activity of Fee-Based Services subscribed to by you. You also agree to immediately notify us of any other unauthorized use of your user account or any other breach of security known to you. You agree not to assign, transfer or sublicense your rights as a registered user of, or subscriber to, the Fee-Based Services of FixYourOwnBack.com without written consent from FixYourOwnBack.com and FIX YOUR OWN SYSTEMS.
Restriction on Use of MaterialsAll FIX YOUR OWN SYSTEMS Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and FIX YOUR OWN SYSTEMS owns a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing in the Printed Materials and on FixYourOwnBack.com are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the FIX YOUR OWN SYSTEMS Content, in whole or in part. When FIX YOUR OWN SYSTEMS Content is received by you in printed form or downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the FIX YOUR OWN SYSTEMS Content or use of the FIX YOUR OWN SYSTEMS Content for any other purpose, including, but not limited to, use of any FIX YOUR OWN SYSTEMS Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive FIX YOUR OWN SYSTEMS prior written consent. Failure to abide by these terms is a breach of copyright and legal remedy may be sought under copyright, trademark, patent and intellectual property law.
FIX YOUR OWN SYSTEMS imposes certain restrictions on your permissible use of FixYourOwnBack.com. You are prohibited from violating or attempting to violate any security features of FixYourOwnBack.com, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of FixYourOwnBack.com, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to FixYourOwnBack.com, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using FixYourOwnBack.com to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using FixYourOwnBack.com; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the source code used by FIX YOUR OWN SYSTEMS in providing FixYourOwnBack.com. Any violation of system or network security may subject you to civil and/or criminal liability as well as immediate revocation of user privileges to the services provided by FIX YOUR OWN SYSTEMS LLC without opportunity for reimbursement of previously paid fees.
You agree to indemnify, hold harmless and, at our option, defend us and our affiliates, and our and their officers, directors, employees, stockholders, agents andrepresentatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from, or in any way connected to, your use of FixYourOwnBack.com, FIX YOUR OWN SYSTEMS Content, or our products or offerings (including, without limitation, the Fee-Based Products), your violation of this Agreement, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
FIX YOUR OWN SYSTEMS shall not be liable for delay or failure in performance of any of the acts required by this Agreement when such delay or failure arises from circumstances beyond the reasonable control and without the gross negligence or willful misconduct of you or FIX YOUR OWN SYSTEMS, respectively. Such causes may include, without limitation, acts of God, acts of government in its sovereign or contractual capacity, acts of public enemy, acts of civil or military authority, war, riots, civil strife, terrorism, blockades, sabotage, rationing, embargoes, epidemics, earthquakes, fire, flood, quarantine restrictions, power shortages or failures, utility or communication failure or delays, labor disputes, strikes, or shortages, supply shortages, equipment failures, or FIX YOUR OWN SYSTEMS Content malfunctions. The time for performance of any act delayed by such events may be postponed for a period equal to the period of the delay.
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our sole discretion, terminate the rights of any user to use FIX YOUR OWN SYSTEMS Content or FixYourOwnBack.com (or any part thereof) who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact us for notice of claims of copyright infringement: FIX YOUR OWN SYSTEMS LLC, 2600 NE Multnomah St., Portland, OR, 97232.
You must be at least 18 years of age to assume the responsibilities of this Agreement. Minors may use the FIX YOUR OWN SYSTEMS service only if one of their parents or legal guardians assumes the responsibilities of this Agreement and thereby assumes full responsibility for the minor's use of the FIX YOUR OWN SYSTEMS service.
Subscription Fees and Service Commitment
You agree to pay your subscription fee in advance. Your subscription fee will cover the access to FIX YOUR OWN SYSTEMS. You have a choice of subscription payment options that may change over time. FIX YOUR OWN SYSTEMS reserves the right to discontinue any subscription payment option at any time without notice. You may switch payment options at the end of each period. If for any reason you need to reactivate your subscription, you may be charged a reactivation fee. If you are signing up for the FIX YOUR OWN SYSTEMS service under a promotional subscription fee, some additional restrictions may apply. If you have multiple FIX YOUR OWN SYSTEMS service subscriptions under the same account information, additional terms and conditions may apply. Whatever Your subscription payment option, Your subscription fee does not include any services, features or functionality other than the FIX YOUR OWN SYSTEMS service. No invoice or receipt will be provided to You for this electronic authorization. If You do not notify FIX YOUR OWN SYSTEMS of any discrepancies within thirty (30) days after they first appear on any statement, You will be considered to have accepted the amounts charged. You release FIX YOUR OWN SYSTEMS from any and all liability and claims resulting from any error or discrepancy that is not reported to FIX YOUR OWN SYSTEMS within that thirty (30) day notice period.
Annual and Pre-paid Subscriptions
If you have purchased a pre-paid subscription with a fixed term, you will receive the Service for the duration of your subscription term without further charges from FIX YOUR OWN SYSTEMS. At the end of your subscription term, your subscription will automatically renew as a monthly billing subscription. Pricing will be subject to the rates in effect at that time for equivalent service. If you have accepted a trial offer for a specific number of days, you will incur the monthly charge if you continue to use the Service after the trial time period. If you terminate your subscription before the end of the fixed term or if FIX YOUR OWN SYSTEMS terminates your subscription for violations of this Agreement or any of the applicable user policies, and you have paid FIX YOUR OWN SYSTEMS in advance for subscription services, the amount you have paid for your subscription will not be refunded in whole or in part.
Monthly Billing Subscriptions
If you have subscribed to the Service on a monthly basis, you agree to pay to FIX YOUR OWN SYSTEMS LLC a monthly fee (the "Monthly Fee") in advance, billed monthly, to receive the Service. You authorize FIX YOUR OWN SYSTEMS to charge your account immediately upon activation of your subscription. For billing purposes, the month will begin on the date you become a subscriber, which may not be the first calendar day of the month. Subscribers who join on the 29th, 30th or 31st day of any month shall be billed on the last day of any month not containing 29, 30 or 31 days. FIX YOUR OWN SYSTEMS will have the right to increase the Monthly Fee from time to time upon email notification to you at least one month before the effective date of the increase. If you do not cancel your subscription before the end of the notice period, you will be deemed to have agreed to such increase. FIX YOUR OWN SYSTEMS may change its monthly billing cycle from time to time. If you have accepted a trial offer for a specific number of days, you will incur FIX YOUR OWN SYSTEMS standard monthly charges if you continue to use the Service after the trial period. If you terminate your use of the Service within the trial period, FIX YOUR OWN SYSTEMS will not charge you for subsequent months. All fees and charges are stated and payable in U.S.Dollars.
If you choose a subscription option with recurring payments (including any pre-paidsubscription option which reverts to a monthly payment plan at the expiration of the pre-paid period), you agree that FIX YOUR OWN SYSTEMS may automatically charge the subscription fee to your credit or charge card at the beginning of each period. Your FIX YOUR OWN SYSTEMS service access will not be established until FIX YOUR OWN SYSTEMS has verified that the credit card information you provide us for payment is accurate and that your credit card account is in good standing. You further agree that FIX YOUR OWN SYSTEMS may charge any other applicable fees, including any early termination fee, to your credit card. FIX YOUR OWN SYSTEMS may, as necessary, extend the expiration date of your credit card in order to ensure continued service. FIX YOUR OWN SYSTEMS may, at its discretion, change the FIX YOUR OWN SYSTEMS service fees, early termination fee, restocking fee and any other fee, from time to time, and charge fees (which FIX YOUR OWN SYSTEMS may also change) for features and functionalities that are not a part of the FIX YOUR OWN SYSTEMS service. FIX YOUR OWN SYSTEMS will notify you 30 days in advance of any fee changes or new fees applicable to your FIX YOUR OWN SYSTEMS service subscription; you may obtain the fees currently in effect at any time by contacting FIX YOUR OWN SYSTEMS Customer Support at info@FixYourOwnBack.com. FIX YOUR OWN SYSTEMS reserves the right to suspend or terminate your FIX YOUR OWN SYSTEMS service without notice upon rejection of any credit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to FIX YOUR OWN SYSTEMS when FIX YOUR OWN SYSTEMS believes you are liable for the charges. You agree to pay a late charge on all amounts due which remain unpaid for 30 days. The late charge will equal 1.5% of the past due amount, or the highest rate allowed by law, whichever is less, per month until paid. Such rights are in addition to and not in lieu of any other legal right or remedies available to FIX YOUR OWN SYSTEMS. FIX YOUR OWN SYSTEMS reserves the right to refer your account to a third party for collection in the event of an ongoing default. FIX YOUR OWN SYSTEMS is entitled to recover any sums expended in connection with the collection of undisputed sums not paid when due, including reasonable attorneys' fees.
Direct phone, virtual meeting or webinar contact Service with Dr. Phillip Snell or trained professionals in the Fix Your Own Back program is available for rates published on FixYourOwnBack.com. Direct phone, virtual meeting or webinar contact recommendations DO NOT constitute medical advice and DO NOT substitute for a personal evaluation by Your doctor.
You expressly understand and agree that FIX YOUR OWN SYSTEMS and Dr. Phillip Snell shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from Your use of these Services.
Termination of Service
Subject to any Service Commitment to which you may be bound, you may terminate your account, this Agreement, and your right to use the FIX YOUR OWN SYSTEMS service, at any time and for any reason or no reason, by contacting FIX YOUR OWN SYSTEMS Customer Support at info@FixYourOwnBack.com. The FIX YOUR OWN SYSTEMS service will be terminated within 24 hours after your call and unused subscription fees are nonrefundable. Notwithstanding anything to the contrary in this Agreement, FIX YOUR OWN SYSTEMS retains the absolute right to immediately suspend or terminate your account, and terminate this Agreement, if the charges to your credit card for the fees described in "Subscription Fees and Service Commitment" and "Payment Authorization" are refused for any reason, if you breach any provision in this Agreement, if you misuse the FIX YOUR OWN SYSTEMS service, and/or if you use the FIX YOUR OWN SYSTEMS service or FIX YOUR OWN SYSTEMS Content in such a manner as to infringe upon the intellectual property rights of FIX YOUR OWN SYSTEMS or any third party. In addition, FIX YOUR OWN SYSTEMS reserves the right to terminate your account and this Agreement for any other reason or no reason if FIX YOUR OWN SYSTEMS gives you at least 30 days advance notice of such termination. Upon any such termination of your account, you will remain obligated to pay all outstanding fees and charges relating to your use of the FIX YOUR OWN SYSTEMS service before termination.
Shopping through FIX YOUR OWN SYSTEMS
When you purchase a product from a third party merchant, you are buying directly from that merchant and not from FIX YOUR OWN SYSTEMS. FIX YOUR OWN SYSTEMS is not responsible for the actions or omissions of a merchant, any advertising claims made by the merchant, or any damage or harm that may result from your use of products purchased from the merchant. All aspects of your purchase, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance, service, and delivery, are solely between you and the merchant. Your rights and remedies with respect to a particular purchase will be solely against the merchant, and any questions, complaints, and claims related to a product should be directed to that merchant. If you have any concerns about sending credit card information over the Internet, please use an alternative means of payment. By sending any sensitive information, such as credit card information, over the Internet while you are shopping with the third party, you agree that FIX YOUR OWN SYSTEMS will not have any liability if the encryption technology fails to protect your information.
Submission of Ideas
FIX YOUR OWN SYSTEMS is always improving its Services and Products and developing new features. If you have ideas regarding improvements or additions to FIX YOUR OWN SYSTEMS, we would like to hear them — but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO FIX YOUR OWN SYSTEMS BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO FIX YOUR OWN SYSTEMS, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO FIX YOUR OWN SYSTEMS THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT FIX YOUR OWN SYSTEMS IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY FIX YOUR OWN SYSTEMS, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
Customer Service Support and Training
Unless User and FIX YOUR OWN SYSTEMS enter into a separate agreement, FIX YOUR OWN SYSTEMS will not provide any training or on-site support to User relating to the FIX YOUR OWN SYSTEMS Content and Services. FIX YOUR OWN SYSTEMS will provide User with (a) commercially reasonable telephone and email support for the FIX YOUR OWN SYSTEMS Content and Services during normal business hours; and (b) updates and enhancements for the FIX YOUR OWN SYSTEMS Content and Services, to the extent that FIX YOUR OWN SYSTEMS generally makes such updates and enhancements available to Users without a separate charge. FIX YOUR OWN SYSTEMS will provide email only support to Users outside the U.S. and Canada, and all support will be provided in the English. Customer support will address basic issues related to use of the FIX YOUR OWN SYSTEMS Content (i.e., registration, navigation, and configuration), but will not include issues with respect to a User's own internet connectivity issues or computer hardware issues. FIX YOUR OWN SYSTEMS mayconduct maintenance of the FIX YOUR OWN SYSTEMS hosted FIX YOUR OWN SYSTEMS Content sites, which will normally be performed during non business days. During that scheduled maintenance time, the Service and the FIX YOUR OWN SYSTEMS Content will not be available for use by Customer or its End Users.