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SpineHarmony Terms of Use


Last updated: March 2009


Agreement

Please read this Agreement carefully, especially the Medical Disclaimer, before using the Services. By clicking on the "I understand and accept the SpineHarmony Terms of Use" checkbox anywhere on the SpineHarmony.com website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do NOT click on the "I understand and accept the SpineHarmony Terms of Use" checkbox and you will not have any right to use the Services. SpineHarmony's acceptance is expressly conditioned upon your assent to all the terms and conditions of this Agreement, to the exclusion of all other terms; if these terms and conditions are considered an offer by SpineHarmony, acceptance is expressly limited to these terms.

The website SpineHarmony.com (referred to from here on as "the site" or "the website"), is owned and operated by Nith Group Inc. ("Us" or "We"). The site is accessed by you ("User" or "you") under the following terms and conditions:

This Agreement (including the Privacy Policy), as modified from time to time, constitutes the entire agreement between you, the Site and Nith Group Inc. with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Nith Group Inc. shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Nith Group's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you. Nith Group Inc. may assign this Agreement in whole or in part at any time without your consent.


Medical disclaimer

Nith Group Inc. makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the content and services provided via the website. This service is provided for informational purposes only. You should consult a physician before beginning a new exercise program. The program and information contained on this website are not meant to provide medical advice. Specific medical advice should be obtained from a licensed health-care practitioner for your particular spinal problem.


Access and availability

Subject to the terms and conditions of this Agreement, Nith Group Inc. may offer to provide the Services, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Nith Group Inc. performs for you, as well as the offering of any content on the Site. Nith Group Inc. may change, suspend or discontinue the Services at any time, including the availability of any feature, video, database, or content. If you are a paying member, Nith Group Inc. will take reasonable steps to continue making available to you the content that you paid for, or provide you with a pro-rated refund. Nith Group Inc. may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Nith Group Inc. reserves the right, at its discretion, to modify these Terms and Conditions at any time with or without notice. You shall be responsible for reviewing and becoming familiar with any such modifications by visiting the SpineHarmony website and reading this page on Terms of Use.

Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified. You certify to Nith Group Inc. that if you are an individual you are of legal age to form a binding contract with Nith Group Inc. If you are a minor, you may use the Site only with the consent and under the supervision of a parent or guardian.

Nith Group Inc. will use reasonable efforts to ensure that the Site and Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Site and/or Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by Nith Group Inc. to minimize such disruption where it is within Nith Group Inc's reasonable control. YOU AGREE THAT NEITHER NITH GROUP INC. NOR THE SITE WILL BE LIABLE IN ANY EVENT TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION, MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE SITE, THE SERVICES, OR OTHER CONTENT.


Membership security

As a condition to using Services, you will be required to register with SpineHarmony and select a password. You shall provide accurate, complete, and updated registration information, including your e-mail address. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (a) select or use a name of another person with the intent to impersonate that person; or (b) use a name subject to any rights of a person other than you without appropriate authorization. You shall be responsible for maintaining the confidentiality of your SpineHarmony password. Intentionally disclosing to a third party your SpineHarmony password or transferring your SpineHarmony membership to another individual or corporation constitutes a breach of this Agreement, which may result in immediate termination of your account and membership. You are solely responsible for any use of or action taken under your password and accept full responsibility for all activity conducted through your account and agree to and hereby release the Site and Nith Group Inc. from any and all liability concerning such activity. You agree to notify us immediately of any actual or suspected loss, theft, or unauthorized use of your account or password. The Site will take reasonably security precautions when using the internet, telephone or other means to transport date or other communications, but expressly disclaims any and all liability for the accessing of any such data communications by unauthorized persons or entities.


Liability

Nith Group Inc. shall not be held liable for any direct, indirect, special, incidental, or consequential damages resulting from your access to, or inability to access, the website, or from your reliance on any products and services provided at this site even if Nith Group Inc. or an authorized representative shall have been advised of the possibility of such, and whether based in an action in contract, tort, or any other theory of liability.

Nith Group Inc. provides its products and services "as is" and expressly disclaims warranties of any kind, either expressed or implied, including, but not limited to, the implied warranty of fitness for a particular purpose or non-infringement. The entire risk as to the quality and performance of the service is with you.

Nith Group Inc. reserves the right to make changes to its products, services, and content on this website and may make changes to the services and content on this website, at any time without notice.

Without limiting the foregoing, Nith Group Inc. shall not be liable to you or your business for any incidental, consequential, special, or punitive damages or lost or imputed profits or royalties arising out of the use of or inability to use this website or any products or services provided (including but not limited to injury, death, loss of data or data being rendered inaccurate or losses sustained by you or third parties or a failure of the product to operate with any other programs, whether for breach of warranty or any obligation arising therefrom or otherwise, whether liability is asserted in contract or tort (including negligence and strict product liability) and irrespective of whether Nith Group Inc. have been advised of the possibility of any such loss or damage.

You will indemnify and hold Nith Group Inc., its directors, officers and employees (the "Nith Group Inc. Indemnified Parties"), harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, your violation of this Agreement, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.


Copyright

The Site is protected by copyright under international conventions, and other copyright laws. Except to the extent the relevant Content is subject to the Creative Commons license, you may not copy, modify, publish, transmit, upload, distribute, perform, display, or except as expressly provided in this Agreement, participate in the transfer or sale of, reproduce, or create derivative works based on, any of the Content, video clips, materials, or Services in whole or in part.


Termination

Nith Group Inc. may terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, and access the Site and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Site and the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Nith Group Inc. or the Site, including without limitation any indemnification obligations contained herein.


Privacy

Please review our Privacy Policy, which governs the use of personal information on the Site and to which you agree to be bound as a user of the Site.