TERMS OF USE

FASCIA FOUNDATIONS

6 Pillars for Self Fascia Stretching

50 Self Care Ideas

Please read the Terms of Use for the Product carefully and in their entirety before purchasing and using 6 Pillars for Self Fascia Stretching (hereinafter referred to as the “Product”). The Product and its content are owned by Imperium Stretch & Recovery.

1. Definitions:

“Company”, “We”, “I”, “Our”, or “Us” means or refers to Imperium Stretch & Recovery.

“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Product.

“Product” means 6 Pillars for Self Fascia Stretching, FASCIA FOUNDATIONS, and 50 Self Care Ideas.

“You” or “Your” means the purchaser and person using the Product.

2. Consent:

By participating in the Product, you implicitly and voluntarily agree to act in accordance with, agree to, and abide by, these Terms of Use.

3. DISCLAIMER:

By using the Product, you understand that Sophia Murphy is a Certified Fascia Stretch Specialist by The Stretch To Win Institute as well as a Certified Personal Trainer by the American Aerobic Associate International and International Sports Medicine Association.

This Product is for informational and educational purposes only. The information and education provided in this Product is not intended or implied to supplement or replace the professional advice of a Doctor, Physician, or health care professional. You should consult with a professional in those areas (doctor, physician, obgyn, health care professional) in person with someone where you live or work to discuss issues or questions pertaining to your particular condition, health, or diagnosis.

Although we do our best to make sure all of the Product’s content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for accuracy of the Product’s information, or its safety or efficacy as it applies to you.

4. Assumption of the Risk

You should use your best judgment in using the information provided in the Product, which is done at your own risk. It is your responsibility to discern the risk of using the Product or its content. You assume responsibility for your actions, choices, or lack thereof, related to the Product.

5. Intellectual Property Ownership:

The Product and its content, including, but not limited to, FASCIA FOUNDATIONS, 6 Pillars for Self Fascia Stretching, 50 Self Care Ideas,  are intellectual property owned by Sophia Murphy - Owner of Imperium Stretch & Recovery LLC.  Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

Any use of the Company’s intellectual property may not be used in connection with the sale or distribution of any product, program, and/or service by you, directly or indirectly, without the prior written consent of Imperium Stretch & Recovery.

Misappropriation or unauthorized use of the Company’s intellectual property and/or trade secrets may result in the enforcement of an infringement and/or intellectual property theft action against you in an effort to recover damages and/or protect our intellectual property rights. The Company reserves the right to pursue an action for misappropriation, theft, or improper use of its intellectual property by the Purchaser, the Purchaser’s representatives, assigns, contractors, employees, or acquaintances.

6. No Sharing:

If you did not purchase the “License”: You cannot distribute, copy, forward, and/or share the Product or its content with anyone else. Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by law.

If you did purchase the “License”: You may use the IP as described in the License Agreement only.

You may not share your password or login information with anyone. If you share your password or login with anyone who did not purchase the Product, you will be removed from the Product immediately and no refund will be issued.

7. No Claims Made Regarding Results:

Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.

We don’t make any assurances as to any particular physically-based outcome based on the use of or participation in the Product. We are not responsible for the success or failure of your self stretch, self stretch practices, self stretch injury, lack of results from self stretching, or any other result of any kind that you may have as a result of your participation in the Product.

8. DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:

We do not offer any representations, guarantees, or warranties, of any variety, regarding the Product in any way including, but not limited to, your future flexibility, strength, mobility, performance, or overall healing derived as a result of your use of the Product. The Product is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law.  We are not liable for damages of any kind related to your use of the Product.

9. Your Release of Us, Indemnification, Hold Harmless:

To the fullest extent permitted by law, Imperium Stretch & Recovery expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Product, its materials, our website, or any other information obtained by you from us. By enrolling in the Product, you hereby agree to this limitation of liability and release Imperium Stretch & Recovery from any and all claims.

By participating in and/or purchasing the Product, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless Imperium Stretch & Recovery, our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the Product and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use.

By enrolling in the Product, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless Imperium Stretch & Recovery as stated in this section herein.

10. Our Refund Policy:

1. NO REFUNDS:

We will do everything within our ability (and within reason) to ensure your satisfaction. Due to the downloadable nature of the Product, refunds will not be issued for the Product once it is purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Sophia Murphy at [email protected].

1. NO CHARGEBACKS:

The Client will not, under any circumstances, issue or threaten to issue any chargebacks to the Company or to the Client’s credit card and/or form of payment (ie, PayPal) for any reason whatsoever related to the Product. In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account.

11. ARBITRATION CLAUSE:

If you have any complaint or should any issue arise in the use of the Product, please contact us directly first by emailing Sophia Murphy at [email protected].

However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Sophia Murphy + Imperium Stretch & Recovery LLC shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.

By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 30 miles of Nashville, Tennessee.

If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Tennessee. The only award that can be issued to you is a refund of any payment made to Imperium Stretch & Recovery LLC for the applicable Product. You are not permitted to seek additional damages, including consequential or punitive damages.

12. Limitation of Liability:

Sophia Murphy + Imperium Stretch & Recovery LLC are not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Product. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Product or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES. 

Participation in the Product is at your own risk. We are not responsible or liable for any injuries, damages, or losses that may occur as a result of participating in the Product, using the provided materials, or implementing the techniques demonstrated. Always consult a medical professional before beginning any new exercise or stretching program to ensure it is safe and appropriate for your individual needs.

13. PAYMENT, PURCHASE, AND PAYMENT PLAN TERMS

1. General Payment Terms:

When you pay for the Product by credit card, you authorize and give permission to Imperium Stretch & Recovery LLC to charge your credit or debit card for the amount owed for payment of the Product. When you purchase the Product, your information (i.e. credit card and contact info) may be collected by the third-party merchant Stripe (depending on the payment method you choose at checkout), who may have privacy policies or security practices that are different than ours.  Imperium Stretch & Recovery LLC is not responsible for the merchant’s independent policies or practices.

14. Severability 

The provisions of these Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.

15. Entire Agreement

These Terms of Use contain the entire agreement between you and the Company. There are no other promises or conditions in any other agreement (oral or written) between you and the Company.

16. Choice of Law + Venue

These Terms of Use shall be governed by the laws of the state of Tennessee. Any action brought by any party arising out of or from these Terms shall be brought within the Tennessee, County of Davidson.

By purchasing and/or participating in the Product, you implicitly signify your agreement to all of the terms in these Terms of Use.